General Terms and Conditions of Sale and Delivery and Revocation Policy for
End Customers
(Consumers)
of
FF Förde Forschung GmbH
(as at: March 2018)
1. Scope of application
1.1 The General Terms and Conditions of Sale and Delivery of FF Förde Research GmbH, Lassenweg 13, 24220 Flintbek (GTC) only apply to consumers according to § 13 BGB (customers), i.e., any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity.
1.2 The following conditions apply exclusively to the business relationship with our customers, including information and advice.
1.3 References to the validity of legal provisions are only used for clarification purposes. The statutory provisions apply even without such clarification unless they are directly modified or excluded in these GTCs.
2. Information, advice, properties
2.1 Information and advice regarding our products are provided exclusively on the basis of our previous experience. The values given here are to be regarded as average values. All information about our products, in particular the illustrations, drawings, dimensions and performance specifications, as well as other technical information contained in our offers and publications, are approximate average values.
2.2 Any reference to standards, similar technical regulations as well as technical information, descriptions and images of the delivery item in offers and brochures is only a general description of services and not a representation of binding properties.
2.3 Unless otherwise agreed or in the absence of legally binding provisions, specific properties of our goods or services are only deemed to have been agreed by us if we have expressly confirmed this in writing. We only accept legal guarantees if we have designated an agreed property as "guaranteed" in writing.
3. Contract conclusion, scope of delivery, acceptance
3.1 The contract is concluded in German. Customers can place orders offline or in our online shop at www.ff-foerdeforschung.de/de/shop. To order goods in our online shop, they must first be selected and then placed in the shopping cart (click on "Add product(s) to shopping cart"). In order to detect and prevent input errors during the ordering process, customers are shown an overview page before concluding an order in our online shop in order to check all the order details (goods, price, delivery costs, etc.) and correct the data entered in the input fields themselves or by using the "back" arrow (<-) in the online shop.
3.2 For online orders, customers must also register as follows: Customers must indicate that they are a consumer via a selection menu, and then fill in the required consumer information in the registration mask, their name, address, email and, unless it is a simple guest order, also the password. Registration is immediately confirmed to the customer by email. The customer is in any case obliged to provide all information required to process the order truthfully, correctly and completely when placing an order and/or when registering in our online shop, in particular their first and last name, address, payment details and email address.
3.3 Our offers are non-binding. They are invitations to place an order. A contract is only concluded once we have confirmed the customer's order in writing or in text form, or when we deliver the goods. In the latter case, order confirmation is replaced by our invoice. If the customer orders goods electronically, we will immediately confirm receipt of the order. The receipt confirmation does not yet represent a binding acceptance of the order. The receipt confirmation can be combined with the declaration of acceptance. If the consumer orders goods electronically, the text of the contract will be saved by us
and, on request, sent to the customer along with the present General Terms and Conditions by email.
3.4 We are only obliged to provide products from our own stock.
3.5 If goods acceptance is delayed for a reason for which the customer is responsible, we are entitled to demand immediate payment of the purchase price or to withdraw from the contract or to refuse performance and to demand compensation instead of performance after the setting and expiry of a reasonable grace period. The deadline must be set in writing. We refer again to the rights from this clause.
3.6 Beginning with the expiry of the deadline set in parallel with the written notification or text notification of readiness for dispatch, we are also entitled to store the goods and to charge for the resulting damage with 0.5% of the net invoice amount of the products stored in this way for each commenced month. The assertion of further rights remains unaffected. The customer reserves the right to prove that no or significantly lower costs have arisen.
4. Delivery period
4.1 Delivery periods begin with the customer's receipt of our order confirmation, but not before all financial, technical and logistical details of the execution of the order have been clarified and all other requirements of the customer have been met, in particular agreed advance payments have been made; the same applies to delivery dates. If the customer requests modifications after placing the order, a new delivery period begins with the original deadline; if there is no original deadline, then with a deadline of 14 calendar days from our confirmation of the modification.
4.2 Deliveries are permitted before the expiry of the delivery deadline. The day of notification of readiness for dispatch is deemed as the delivery day, otherwise the day on which the goods are dispatched.
4.3 If we are in default of delivery, the customer can set a reasonable grace period and, after fruitless expiry, withdraw from the contract in whole or in part.
4.4 Claims for damages and/or claims for reimbursement of expenses due to delayed delivery or non-performance - for whatever reason - are only permissible in accordance with the provision in Section 10.
5. Self-delivery clause; Force majeure and other hindrances
5.1 If, for reasons for which we are not responsible, we do not receive deliveries or services from our subcontractors for the provision of our contractual delivery or service, despite proper and sufficient coverage prior to the conclusion of the contract with the customer according to the quantity and quality from our delivery or service agreement with the customer (congruent coverage), not correctly or not in timely fashion, or if events of force majeure of not inconsiderable duration (i.e. lasting longer than 14 calendar days) occur, we will inform our customer immediately in writing or in text form. In this case, we are entitled to postpone the delivery for the duration of the hindrance or to withdraw in whole or in part from the part of the contract that has not yet been fulfilled, provided that we have complied with our above information obligation and have not assumed the procurement risk according to § 276 of the German Civil Code (BGB) or a delivery guarantee. Force majeure equates to strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks or obstacles through no fault of our own, operational hindrances through no fault of our own – e.g. due to fire, water and machine damage – and all other hindrances that, from an objective point of view, were not culpably caused by us.
5.2 If a delivery date or a delivery period has been bindingly agreed and if the agreed delivery date or the agreed delivery period is exceeded by more than 21 calendar days due to events in accordance with 5.1, the customer is entitled to withdraw from the contract due to the unfulfilled element.
6. Dispatch and transfer of risk
6.1 Unless otherwise agreed, we dispatch the goods from our headquarters or our warehouse.
6.2 If the dispatch of the contractual goods is delayed because we make use of our right of retention as a result of total or partial delay in payment by the customer, or for any other reason for which the customer is responsible, the risk transfers to the customer from the date of receipt of the notification of readiness for dispatch at the latest.
7. Liability for material defects (warranty)
Our liability for defective delivery in the form of material defects is excluded, insofar as defects and associated damage cannot be proven to be based on faulty material, faulty construction or poor workmanship. In particular, the warranty and liability is excluded for the consequences of incorrect use of the goods or use that does not comply with the operating instructions, insofar as the defect in the goods is due to this. This does not apply in the case of malicious, wilful or grossly negligent actions on our part, in the case of injury to body, life or health or the assumption of a guarantee of freedom from defects, the assumption of a procurement risk according to § 276 BGB or in the case of liability due to a legally mandated liability and in the case of the right of recourse in the supply chain (supplier recourse -
§§ 478 479 BGB).
Otherwise, the warranty obligations are based on the statutory provisions.
8. Prices, terms of payment
8.1 All prices are generally in EUR gross including packaging, excluding freight and transport costs from our headquarters or warehouse, at the statutory rate. We accept cash, bank transfer and PayPal as payment methods.
8.2 Our invoices are payable within 10 calendar days after delivery of the ordered goods without any deductions, unless otherwise expressly agreed. The date on which the money is received or credited to our account is deemed to be the day of payment.
8.3 Customers can only pay by PayPal and advance payment in the FF Förde online shop.
PayPal (via PayPal)
Customers can quickly and securely pay online via PayPal. Registration with PayPal is necessary for this. The customer's bank and credit card details are only stored with PayPal. If PayPal is selected as the payment method, the customer will be forwarded directly to the PayPal website at the end of the ordering process in order to make the payment there. After completing the payment process with PayPal, the customer returns to our online shop and can complete the order there. After receiving payment confirmation from PayPal, we will send the ordered goods within the specified delivery time.
Payment in advance
After ordering, the customer will receive our bank details by email. As soon as the full invoice amount has been received on our account, we will immediately dispatch the goods within the specified delivery time. Note: Transfers can take one to three bank working days.
Purchase on account:
When purchasing on account, the customer has the option of checking the goods at home before paying. Purchase on account is only possible for natural persons with sufficient creditworthiness and only with an identical invoice and delivery address, and for orders up to a value of goods of EUR 200 gross.
9. Retention of title
9.1 We reserve title to all goods delivered by us (hereinafter referred to as “reserved goods”) until our claims from the concluded contract have been settled.
9.2 The customer must inform us immediately in writing of all access by third parties to the goods subject to retention of title or claims assigned to us.
10. Exclusion and limitation of liability
10.1 We have unlimited liability insofar as the customer's damage is based on a fraudulent, wilful or grossly negligent breach of duty by us or our legal representatives or vicarious agents, in the case of assuming a guarantee for the quality of the product, in the case of assuming a procurement risk in accordance with § 276 of the German Civil Code (BGB) as well as in the event of injury to body, life or health. Liability under the Product Liability Act and other cases of mandatory legal liability also remains unaffected.
10.2 We are also liable for any slightly negligent breach of essential obligations. Essential obligations include those whose breach endangers the achievement of the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place, and on compliance with which the customer can regularly rely. In this case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for slightly negligent breaches of obligations other than those mentioned in the preceding clauses.
10.3 Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, organs and vicarious agents.
10.4 A reversal of the burden of proof is not associated with the above provisions.
11. Revocation policy
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is 14 days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods.
In order to exercise your revocation right, you must inform us, FF Förde Forschung GmbH, Lassenweg 13, 24220 Flintbek, Tel.:+49 (0)4347/7119282, email:
You only have to pay for any loss in the value of the goods if such loss in value is due to handling by you which is not necessary to examine the nature, properties and functioning of the goods.
Consequences of revocation
If you revoke this contract, we will refund all the payments that we have received from you in relation to the revoked contract, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of the revocation of this contract. For repayments, we use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen calendar days at the latest from the day on which you notify us of the revocation of this contract. The time limit is met if you dispatch the goods before the expiry of the fourteen-day time limit. You bear the direct costs of returning goods that can be shipped as parcels and the direct costs of returning goods that cannot be shipped as parcels. The cost of returning goods that cannot be shipped as parcels is estimated at a maximum of EUR 99.00.
You only have to pay for any loss in the value of the goods if such loss in value is due to handling by you which is not necessary to examine the nature, properties and functioning of the goods.
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, and contracts for the delivery of sealed goods that, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
End of revocation policy
________________________________
Sample revocation form
If you would like to revoke the contract, please fill out this form and send it back.
To FF Förde Forschung GmbH, Lassenweg 13, 24220 Flintbek
email:
fax: +49 (0)4347/7119283
I/we () hereby revoke my/our () contract for the purchase of the following goods (*) / the provision of the following service:
- Ordered on (): received on ()
- Name and address of the consumer(s)
- Signature of the consumer (only if notified on paper)
- Date
(*) Delete as appropriate
_______________________________
12. Privacy
FF Förde Forschung GmbH observes the data protection regulations, in particular the German Federal Data Protection Act (BDSG) and uses the customer's data exclusively for the purpose of executing the contract/order processing (§ 28 BDSG).
In addition, reference is made to the content of the data protection declaration of FF Förde Forschung GmbH, which the customer can directly download and print out at www.ff-foerdeforschung.de/de/datenschutzeinsehen or request to be sent by us free of charge.
13. Place of performance; applicable law
13.1 The place of performance for all contractual obligations is the registered office of our company.
13.2 The law of the Federal Republic of Germany applies exclusively to all legal relationships between the customer and us, to the exclusion of the UN sales law. Statutory mandatory provisions of the country in which the ordering consumer has their habitual residence remain unaffected.
14. Dispute settlement
The EU Commission provides a platform for out-of-court settlement of disputes. This gives consumers the opportunity to initially resolve disputes in connection with their online order out of court. The dispute settlement platform can be found at: https://ec.europa.eu/consumers/odr/. Furthermore, FF Förde Forschung GmbH does not participate in dispute settlement proceedings before a consumer arbitration board (§ 36 Consumer Dispute Settlement Act - VSBG - the law on alternative dispute resolution in consumer matters).
15. Legally relevant declarations after the conclusion of the contract
Legally relevant declarations and notifications that the customer must submit to FF Förde Forschung GmbH after the conclusion of the contract (e.g. setting deadlines, declarations of revocation or reductions in price) must be in text form (e.g. by post or email) to be effective.
Note on privacy
In accordance with the provisions of the Federal Data Protection Act and the EU General Data Protection Regulation, we would like to point out that our bookkeeping is carried out using an IT system and that we also save data received from the business relationship with the customer in this context.
Flintbek, March 2018