Last modification: 23 June 2018
GENERAL TERMS AND CONDITIONS
of Focken Enterprises UG (haftungsbeschränkt), Brinkweg 4, D-32369 Rahden, Germany
I. Scope of application
1. The following general terms and conditions (hereinafter "GTC") shall apply exclusively to the customer (hereinafter "the customer") and to us (hereinafter "seller"). The General Terms and Conditions apply to all contracts concluded between the customer and seller in this online shop with regard to the goods offered by the Seller (hereinafter referred to as "Article"). This acknowledges the customer with the order.
2. Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation. Entrepreneur is any natural or legal person or legal person who is acting in the exercise of his independent professional or commercial activity when a legal transaction is concluded.
II. Conclusion of contract
1. The items shown in the seller's online shop are used to make a binding offer by the customer and do not represent any binding offers from the seller. The customer can select products from our range and collect them in a so-called shopping cart.
2. The customer issues his legally binding offer by means of the shopping cart system. By clicking on the order button "order with obligation to pay" or "purchase", the customer places a binding order of the goods contained in the shopping cart.
3. Upon receipt of the customer's request, the customer receives an order summary by e-mail. This summary is for reference and does not constitute a confirmation or acceptance of the order. Later, the customer receives information by e-mail about the dispatch of the goods to the e-mail address entered by the customer after completion of the payment process and the sending of the goods. The seller can accept the offer of the customer within 6 working days. The period begins with the submission of the offer by the customer and ends with the end of the sixth working day. If the acceptance is not made within the time limit, the customer is no longer bound by your purchase offer. Reciprocal benefits shall be returned without delay.
4. The seller accepts the offer,
a) by sending the customer an email informing him about the delivery of the goods including tracability information by e-mail, or
b) by delivering the goods to the customer.
5. If there are several alternatives, the first event defines the point of time when the contract is concluded.
III. Prices and shipping conditions
The prices, which were displayed on the Internet pages at the time of the order. The purchase price payment is to be made as prepayment by transfer or another payment method offered in the ordering process. The shipping of the goods takes place after receipt of your payment in our account.
IV. Value Added Tax
For shipments to Germany, VAT is paid in Germany (MwSt.). For shipments to France, VAT is paid in France (TVA). For shipments to other countries, the tax is paid either in France or in Germany, depending on the location from which the product is shipped. The tax (MwSt or TVA) is declared accordingly in our invoices.
The legal regulations apply.
For simple negligence, we shall be liable only in the case of violation of obligations which are essential to the contract, ie the violation of obligations which give the contracting party legal positions which he may expect according to the content, nature and purpose of the purchase contract and whose fulfillment makes the proper implementation of the contract possible "Cardinal duties"). This liability shall be limited to such typical damages and / or such typical damages that were foreseeable at the time of the conclusion of the contract. In the case of infringement of insignificant contractual obligations, liability for negligent breach of duty is excluded. We are fully liable for damages resulting from injury to life, body or health. Furthermore, we are fully liable in case of gross negligence, assumption of a guarantee, in case of fraudulent use and insofar as this is otherwise compulsory by law.
VII. Final provisions
1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN purchase law. This shall be without prejudice to mandatory provisions of the country in which the customer is habitually resident.
2. If the customer does not have a general court of jurisdiction in Germany or if he/she is abroad after conclusion of the contract or the place of residence is not known at the time of the legal action, the court of jurisdiction for all disputes is the place of business of the seller. This court of jurisdiction also applies to the customer who is a businesswoman. The power to also bring the court to another legal court remains unaffected.
3. Should one of the provisions of these General Terms and Conditions prove to be invalid or unenforceable, the remaining provisions remain unaffected and continue to be effective.