Fass-Frisch GmbH
Dispensing systems & accessories • plastics technology

General terms and conditions of business of our webshop

§ 1 Provider of the webshop

These General Terms and Conditions of Business apply to all orders which you make in the webshop of Fass-Frisch GmbH:

Address: Werkstraße 6-8, 75031 Eppingen-Mühlbach

Managing Director: Dagmar Schäfer

Telephone number: +49 (0)7262/603-0

Fax: +49 (0)7262/603 42

E-mail address: info@fass-frisch.com

Register of Commerce no.: HRB 740004

VAT identification number: DE 813 667 045

§ 2 Applicability of these General Terms and Conditions of Business

(1) Our supplies, services and quotations shall exclusively be based on these General Terms and Conditions of Business. Incorporation of General Terms and Conditions of Business of a customer which contradict our General Terms and Conditions of Business is expressly contradicted.

(2) The offer of goods in our webshop is exclusively aimed at persons who have already turned 18.

§ 3 Conclusion of the contract

(1) By clicking the “Send order” button, you make a binding offer of purchase (§ 145 German Civil Code).

(2) After receipt of the offer of purchase, you receive an order confirmation by e-mail. The purchase contract has originated with this order confirmation.

§ 4 Prices and payment terms

(1) The prices stated on the product pages shall be understood inclusive of the statutory value added tax. The dispatch costs in question shall be paid additionally.

(2) You can pay for your order by advance payment (bank transfer) or by PayPal.

(3) If you select advance payment as mode of payment, we shall state our bank account to you after completion of your order. Please transfer the invoice amount to our account within 10 days of receipt of the order confirmation.

§ 5 Right of offset and retention

(1) A right of offset shall only accrue to you if your counterclaim is legally effective, is not disputed by us or has been acknowledged.

(2) You may only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 6 Supply

(1) After transfer of the purchase price or payment with PayPal, the goods shall be supplied to the address stated by you in the order from our warehouse.

(2) The goods shall in any case remain our property until complete payment.

§ 7 For consumers: instructions as to right of revocation and exercising the right of revocation

If you are a consumer in the sense of § 13 German Civil Code, i.e. if you have made the order for purposes mainly not ascribable to either your commercial or your freelance professional activity, you have the right to revoke the purchase contract without stating reasons within fourteen days (right of revocation). The revocation period amounts to fourteen days from the day on which you or a third party named by you who is not the freight forwarder has taken possession of the goods.

If your single order is supplied in various consignments or parts, the revocation period shall be fourteen days from the day on which you or a third party named by you who is not the freight forwarder has taken possession of the last part consignment or the last item.

If you wish to make use of your right of revocation, you must inform us of your intention of revocation by means of an unambiguous declaration (for example normal letter, fax or e-mail). For this, you can, but do not have to make use of the sample revocation form to be found at the end of these T&Cs (title: “Annex”).

The revocation is to be addressed to

Fass-Frisch GmbH

Postal address: Werkstraße 6-8, 75031 Eppingen-Mühlbach

Telephone number: +49 (0)7262/603-0

Fax: +49 (0)7262/603 42

E-mail address: info@fass-frisch.com

To comply with the revocation period, dispatch of the notification concerning exercising of the right of revocation before the expiry of the revocation period suffices.

§ 8 For consumers: Consequences of revocation

If you are a consumer and have revoked the purchase contract, we shall reimburse all payments which we have received from you. This is done without delay and no later than fourteen days from the day on which the notification of your revocation of this contract has reached us. This applies inclusive of the costs for the delivery of the goods to you, albeit with the exception of the additional costs if you have chosen a form of delivery other than the cheapest standard delivery offered by us.

However, we can reject reimbursement until we have received the goods back from you or until you have rendered proof to us that you have returned the goods to us, whichever is the earlier point in time. We shall have no such right of refusal if we offer to collect the goods ourselves.

After the revocation, you shall be obliged to send the goods and all accessories back to us without delay, albeit no later than fourteen days from the day on which you have informed us of the revocation of this contract, or to hand them in at our headquarters. To comply with the period, dispatching the goods before the expiry of the fourteen-day period shall suffice.

You must bear the direct costs of the return of the goods yourself.

As you have to reimburse all and any loss of value of the goods if this loss of value is not to be ascribed to treatment by you necessary for an examination of the quality, properties and mode of function of the goods, you should treat the goods and the packaging carefully during the revocation period and avoid damage and contamination. You as a consumer are not liable for the reduction in value of the goods necessarily caused by the use permitted in sentence 1.

If possible, we request return of the goods in the original packaging. If the original packaging no longer exists, please use any other suitable outside packaging so that the goods are sufficiently protected against transport damage. You are liable for transport damage on account of defective packaging.

For repayment of the purchase price and dispatch costs to you, we use the same means of payment chosen by you in the order as a matter of principle, unless we agree to the contrary with you. No fees are charged by us for the repayment.

§ 9 Transport damage in supply of the goods to you

If our goods are supplied with obvious transport damage, please complain about this immediately to the freight forwarder and get in touch with us without delay.

§ 10 Warranty

(1) If you are a consumer in the sense of § 13 German Civil Code, your warranty claims for the supplied goods are based on the statutory directives of purchase law, which have been stated in §§ 433 et seq., German Civil Code.

(2) If you are an entrepreneur in the sense of § 14 German Civil Code, the statutory directives of purchase law apply with the following modifications:

According to § 377, German Commercial Code, you are obliged to examine the goods with the necessary due care immediately after supply and to notify us without delay if a defect is seen in this. This shall apply to deviations both in quality and also in quantity. If this examination or punctual notification is not done, the goods shall be deemed approved unless it is a question of a defect which was not recognisable at the examination. Punctual dispatch of the complaint shall suffice for compliance with the period. The duty to notification without delay (from discovery) shall also apply to hidden effects discovered later.

In the event of justified notifications of defect, we shall warrant by after-working or replacement delivery (subsequent performance) at our choice. In the event of after-working, we shall not bear the additional costs caused by transportation of the goods to a place other than the place of performance (Eppingen unless a different place of performance has expressly been agreed between the customer and us), unless transportation is equivalent to the proper use of the goods. If the subsequent performance fails twice, you can demand a reduction of the price or withdraw from the contract at your choice.

The warranty period towards entrepreneurs shall be one year from supply of the goods.

§ 11 Liability

(1) We shall be liable without limitation for malice aforethought or gross negligence and according to the provisions of the German Product Liability Act. For slight negligence, we shall always be liable in the event of damage from an injury to life, limb or health of persons.

(2) Apart from this, our liability has been limited as follows: for slight negligence, we shall only be liable in the event of a breach of a cardinal contractual duty, performance of which is necessary to make proper performance of the agreement possible and in compliance with which the contracting party regularly trusts and may regularly trust (cardinal duty). Liability for slight negligence is limited as regards the amount to the damage foreseeable at conclusion of the contract, origination of which may typically be expected. This limitation of liability shall also apply in favour of our vicarious agents according to § 278 German Civil Code.

§ 12 Final provisions

(1) If one or more of the provisions of these General Terms and Conditions of Business for our webshop is/are or become(s) ineffective, the validity of the remaining provisions shall not be affected.

(2) Concluded purchase agreements shall exclusively be governed by German law. Applicability of the provisions of the “United Nations Convention on Contracts for the International Sale of Goods“ (CISG, also called “UN Purchase Law”) has been ruled out.

(3) If you are a merchant, public-law entity or public-law fund, the place of jurisdiction for all disputes from or in connection with our webshop shall be Heilbronn. At our choice, we shall be entitled to sue at the customer’s registered office.

(4) Place of performance shall likewise be Eppingen if you are a merchant, public-law entity or public-law fund, unless a different place of performance has expressly been agreed between us.

Volksbank
Kraichgau eG

BIC: GENODE61WIE

IBAN: DE40 6729 2200 0022 0968 18