Online dispute resolution according to Article 14 Para. 1 ODR: The European Commission provides a platform for online dispute resoltion (ODR), which you can find here: http://ec.europa.eu/consumers/odr/ . Consumers have the possibility to use this platform in order to resolve their disputes.
Scope & defense clause
( 1) Only the following terms and conditions apply to the current version at the time of the order for justified on the Internet shop legal relations between the operator of the shop ( below Frager GmbH) and its customers .
( 2) Different terms and conditions of the customer will be rejected .
Conclusion of contract
( 1) The presentation of goods on the internet shop is not a binding offer by the supplier to conclude a contract of sale , the customer will only be required to submit an order through an offer .
( 2) By sending the order via the internet store , the customer makes a binding offer to conclude a contract of sale of the goods contained in the shopping cart . By submitting the order, the customer accepts these terms and conditions as the legal relationship with the seller alone prevail .
( 3) The provider shall acknowledge receipt of the customer's order by sending a confirmation email. This confirmation is not yet accepting the contract offer by the seller ; they serve only to inform the customer that the order is received by the provider . The declaration of acceptance of the offer made by the delivery of goods or an explicit declaration of acceptance.
retention of title
The delivered goods remain until full payment of the property of the provider.
The payment of the purchase price is due with contract.
(1 ) The warranty rights of the customer are governed by the general law, as long as nothing else is determined. Claims for damages by the customer against the supplier is the provision in § 6 of these Terms and Conditions .
( 2) The limitation period for warranty claims of customers of consumer products to new things 2 years in used goods 1 year . With regard to companies , the limitation period for newly manufactured items and used goods 1 year . The above reduction of the limitation does not apply to claims for damages by the customer due to injury to life, body or health, as well as claims for damages for breach of contract. Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The seller has the item free to pass the customer from material defects and deficiencies and to give the title to her. The above reduction of the limitation also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Compared to entrepreneurs also excluded from the reduction of the limitation of the right of recourse according to § 478 BGB .
(3 ) A guarantee is not explained by the seller .
(1 ) Claims of the customer are excluded, unless otherwise specified below . The above disclaimer applies to the legal representatives and agents of the provider , if the customer asserts claims against these claims .
( 2) are exempt from the liability determined under section 1 claims for damages due to injury to life, limb, health, and claims for damages from the breach of contract . Material contractual obligations are those whose performance to achieve the objective of the contract is necessary, eg The seller has the item free to pass the customer from material defects and deficiencies and to give the title to her. From the disclaimer also excluded liability for damages based on an intentional or grossly negligent breach of duty of the provider , his legal representatives or vicarious agents.
( 3) provisions of the Product Liability Act ( Product Liability Act ) remain unaffected.
Assignment and pledging ban
The assignment or pledge of the customer to the provider claims or rights shall be excluded without the consent of the provider, if the customer has a legitimate interest in the assignment or pledge .
A customer's right of setoff exists only if its set-off claim has been established or is undisputed.
Choice of Law and Jurisdiction
( 1) The contractual relationship between the provider and the customer, the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of UN purchasing law is excluded.
(2 ) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider , provided that the Customer is a merchant , a legal entity under public law or a public special assets .
If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected thereby.
§ 11 return shipping cost control in accordance with § 357 para 2 sentence 3 of the German Civil Code
In this way, we agree with you contract ( cf. § 310 para 3 No 1 German Civil Code) , that you will have in case of withdrawal to pay the regular costs of the return if the delivered goods correspond to the ordered and if the price returned the case of an amount of not exceeding 40 euros or if you have not yet paid the consideration or a contractually agreed partial payment at a higher price the thing at the time of cancellation. Otherwise the return is free for you.
You can cancel your contract declaration within one month without giving reasons in writing (eg letter, fax, email) or ? when the goods are delivered before the deadline ? revoked by returning the goods. The time limit begins after receipt of this instruction in text form , however not before receipt of the goods by the recipient ( in case of recurring deliveries of similar goods not before receipt of the first partial delivery) in and also does not fulfill our obligations under Article 246 § 2 connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB.
The revocation period is sufficient to send the revocation or thing.
The revocation must be sent to:
London Str. 11
48455 Bad Bentheim
Fax: 05924 / 783 472
In case of an effective withdrawal, the mutually received benefits are to be returned and any benefits ( eg interest ) surrendered. If you can not or partially, or only return them in deteriorated condition or give us the performance received and benefits (eg benefits ) , you have to pay us compensation .
For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. Under ? Testing the properties and functioning ? means testing and trying out the goods , as it is possible and customary in store .
Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods ordered and corresponds to the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have contractually agreed part payment provided . Otherwise the return is free for you. Not parcel things do you pick . Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the dispatch of your cancellation - or thing - and for us with their reception.
End of cancellation policy