General Terms and Conditions

§ 1 General

1. These Conditions and General Terms apply for all business relations between FISCHERUNDFRITZE (in the following F+F) and its customers. The latest version on conclusion of the contract is always applicable.

2. These General Terms and Conditions are solely applicable. Regulations defined by the customer and/or regulations contrary to the General Terms and Conditions of F+F will not be accepted unless explicitly agreed upon by F+F.

§ 2 Contract Conclusion

All internet offers of F+F present a non-binding invitation to the customers to order merchandise with F+F. By ordering merchandise via the Internet, E-Mail, phone or fax or by post the customer submits a binding quote for the conclusion of a purchase contract. The purchase contract becomes only valid when being declared accepted by F+F, either in writing, by E-Mail, fax, post or if the ordered merchandise is being delivered within 7 days. The offer is considered void on lapse of time without any declared acceptance.

§ 3 Prices, shipping and handling, payment

1. All prices are inclusive German VAT. Shipping in Europe will be effected by GLS. The costs for shipping in Europe are included in ordering the 361°.

 

Form of payment: prepaymentand paypal (implemented at the WebShop)

 

Bank transfer on:

Name of Bank: Vereinigte Raiffeisenbanken

BLZ: 77069461

Account No. 3123162

Account holder: FISCHERUNDFRITZE.

IBAN: DE02 7706 9461 0003 1231 62

BIC: GENODEF1GBF

2. Shipping to countries outside Europe includes an additional charge. Please contact us before ordering. (info(at)fischerundfritze.de)

3. Deliveries to Switzerland, Norway and to the Canary Islands doesn´t include German VAT but will be taxed by the customs.


§ 4 Delivery

1. Unless no other delivery date has been agreed upon in writing, F+F delivers the merchandise without delay (within 6 calendar weeks after contract conclusion at the latest, prepayment: within 6 calendar weeks after receipt of the payment). The delivery date has been complied with when the merchandise has left stock within due time.

2. In case the merchandise is temporarily not deliverable, the customer will be informed immediately after the order and in regular intervals in the meantime.

3. The delivery of the furniture happens in a disjointed condition.

§ 5 Right of Withdrawal

1. In accordance with the legal regulations (§ 13 BGB), F+F grants to consumers the right of Withdrawal. The customer will be instructed separately when ordering. Hereby, F+F uses the following text that includes further details:

Instruction for order withdrawal

 

Right of Withdrawal

Without giving reasons you can withdraw from the contract within two weeks in writing (e.g. letter, fax, E-Mail) or by returning the merchandise. At the earliest the term starts on receipt of this instruction, however, not before receipt of the merchandise. In order to comply with the term for withdrawal it is sufficient to forward the withdrawal or the merchandise in due time.

 

The withdrawal is to be directed to:

FISCHERUNDFRITZE, Thomas Fischer. Zum Stiegelfeld 12, 90411 Nürnberg, E-Mail: info(at)fischerundfritze.de

 

Consequences of Withdrawal

In case of a regular withdrawal the mutual received services, merchandise or payment have to be returned and, if applicable, benefits have to be refunded (e.g. interests). In case you cannot return the complete merchandise or parts of the merchandise or in case of damage, the customer is obliged to replace the value. This is not valid for surrendered goods, if the damage of the merchandise was caused solely by its check – as could be done in the store. You can avoid the obligation for value replacement if you do not use the merchandise as a consumer and if you avoid anything that could reduce its value. Merchandise that can be sent as package can be returned at our risk. The forwarding expenses is on you if the delivered merchandise corresponds to the ordered merchandise or if the price of the returned merchandise does not exceed 40 EUR or if you have not yet provided the equivalent for the merchandise that was higher priced at the point of withdrawal. Merchandise that cannot be sent as packages will be collected from your premises. You have to comply with obligations for refunding payments within 30 days after presenting the withdrawal.

 

End of the Instruction for Order Withdrawal

 

2. F+F kindly ask you to sufficiently frank (postage) all returns in order to avoid any surcharge. F+F will refund the amount immediately in case the withdrawal is regular and the customer has the right for compensation of the postage.

§ 6 Liability

1. F+F is unlimited liable for deliberate or grossly negligent caused damages when damages have been maliciously concealed or when warranted properties have been granted or in case of physical injury.

2. For any other damages F+F can only be held liable if:

a) in case of neglecting a duty, that was essential for the achievement of the contract purpose (cardinal obligation)

b) in case the damages are typical and predictable as a consequence of the use of the merchandise as per contract.

3. In such a case the liability is limited to an amount that doubles the contracted purchase price.

4. A continuative liability is excluded, especially for damages that have not been caused in connection with the merchandise, for loss of profit or other financial losses.

§ 7 Warranty

1. Warranty is subject to legal regulations (implied warranty). Warranty for the sale of second hand articles is not covered. Any guarantee is excluded.

2. Please report deficiencies to the following contact via letter, fax or E-Mail, and indicate customer number (unless available), date of invoice and a brief description of the deficiency: FISCHERUNDFRITZE, Thomas Fischer. Zum Stiegelfeld 12, 90411 Nürnberg, eMail: info(at)fischerundfritze.de

 

§ 8 Data Protection

1. All costumer data will be used exclusively for order processing. Processing and retaining of the data will be always in accordance with the legal regulations of data protection.

2. The customer reserves the right for information, correction or cancellation of his retained data, free of charge and at any time. Requests can be forwarded via E-Mail, fax or letter.

3. F+F only forwards the customer data to the relevant delivery service in order to enable him to handle and deliver the order. The extent of the forwarded data is limited to a minimum.

4. The E-Mail address is saved with orders via E-Mail in order to forward further information about F+F (Newsletter). The customer can cancel the Newsletter at any time.

§ 9 Miscellaneous

1. The General Terms and Conditions will not loose its validity in case one regulation or several regulations of the General Terms and Conditions become invalid. The invalid regulation will be replaced by the relevant general accepted legal regulation.

2. The contract is subject to German Law except for the purchase right as adopted by the UN.

3. The legal venue is Nürnberg for all disputes resulting from the contract, in case that the purchaser is a legal body of public law, has public separate asset and is a trader. Also if has no jurisdiction in Germany and his domicile abroad

 

§ 10 Technical notes:

Wood is a natural product. That is why the naturally finished plywood edges may show irregularities in colour and structure.

 

The base made of concrete is a natural product. That is why the base may show irregularities in colour and structure. For example porosities, bladder, roughness.

 

 

 

FISCHERUNDFRITZE reserves the right to change dimensions and designs for production-related reasons.   

 

As of 15.12.2008, Nürnberg