GENERAL TERMS AND CONDITIONS OF BUSINESS
(The following terms and conditions also contain legal information on your rights under the provisions on contracts in distance selling and electronic commerce.)
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, Availability of Goods
6. Payment Arrangements
7. Retention of Title
8. Warranty and Guarantee
9. Liability
10. Storage of the text of the contract
11. Privacy
12. Jurisdiction, Applicable Law, Contract Language
1. Scope
1.1. For the business relationship between Fugenfux® Systemtechnik GmbH, Managing Director: Bernhard Fetzer, Waldseer Straße 13, 88410 Bad Wurzach / Haidgau (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply exclusively in their form at the time of the version valid for the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 5:00 p.m. on the telephone number +49 (0)7564 4393 or by e-mail at info@fugenfux.de.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise noted on the products. Apart from that, errors remain reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [in den Warenkorb]button.
3.2 The customer can then use the [Weiter zur Kasse]button in the shopping cart to complete the ordering process.
3.3. Using the [Kaufen]button, the customer makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not represent acceptance of the application. The purchase contract is only concluded when the seller sends or hands over the ordered product to the customer within 3 days or has confirmed the dispatch to the customer within 3 days with a second e-mail, express order confirmation or sending the invoice.
3.5. If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. Alle Preise, die auf der Website des Verkäufers angegeben sind, verstehen sich einschließlich der jeweils gültigen gesetzlichen Umsatzsteuer.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
5. Delivery, Availability of Goods
5.1. If no copies of the product selected by the customer are available at the time of the customer’s order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the seller is also entitled to withdraw from the contract. The seller will immediately refund any payments already made by the customer. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
6. Payment Arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process.
6.2. If payment by invoice is possible, payment must be made within 7 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
6.5. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty and Guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given.
9. Liability
9.1. The following exclusions and limitations of liability shall apply to the seller’s liability for damages, irrespective of the other statutory requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the text of the contract
10.1. The seller saves the contract text of the order. The GTC are available online. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. Furthermore, the customer receives a copy of the General Terms and Conditions with his order.
11. Privacy
11.1. The seller processes the customer’s personal data for a specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller to fulfill and process the contract. This data is treated confidentially and not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right to request information free of charge about the personal data that the seller has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided there is no legal obligation to retain it.
11.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
12. Jurisdiction, Applicable Law, Contract Language
12.1. The place of jurisdiction and fulfillment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The law of the Federal Republic of Germany. This does not apply if mandatory consumer protection regulations conflict with such an application.
12.3. Contract language is German.
