Terms and conditions
Table of content
2. Conclusion of contract
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
10. Information about online dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Gebr. Fraunholz Elisenlebküchnerei GmbH (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of the Seller's online store completed goods and / or services. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer may submit the offer by telephone, fax, e-mail or post to the seller.
2.3 The seller can accept the offer of the customer within five days,
- by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
- by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
- by asking the customer to pay after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day following the sending of the offer by the customer to run and ends with the expiry of the seventh day, which follows the dispatch of the offer.
2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to these terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before a binding order is placed via the seller's online order form, the customer can correct his entries continuously using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.7 For the conclusion of the contract, only the German language is available.
2.8 The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options available, which are indicated in the online shop of the seller.
4.4 If prepayment is agreed, the payment is due immediately after conclusion of the contract.
4.6 If you select the payment method Invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 10 (ten) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop accordingly.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof.
8) Applicable law
8.1For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
10) Information about online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.