All business relationships between françois, hereinafter referred to as vendor – and the purchaser – hereinafter referred to as buyer – shall exclusively be subject to the following General Terms and Conditions in the version which has been valid at the time of placing the order by the buyer.
Any deviating terms and conditions of the buyer do not apply, unless the vendor has expressly agreed to their validity in writing.
2. CONCLUSION OF THE CONTRACT
The presentation of the goods in the online shop of the vendor does not constitute a binding offer for the conclusion of a contract. It rather constitutes a non-binding invitation to the buyer to submit an offer to buy to the vendor.
An offer to buy is submitted by the buyer to the vendor by an order of the goods displayed in the online shop of the vendor.
An order of the goods presented in the online shop comprises the following steps:
a) Selection of the desired goods by clicking on the respective product.
b) Adding the goods to the cart by clicking the button “ADD TO BASKET”.
c) Passing on to the shipping and payment process by clicking the button “CHECKOUT”.
d) Where the delivery address diverts from the billing address, enter the delivery address and confirm by clicking the button “NEXT STEP”.
e) Determination of the method of payment by clicking the payment option and clicking the button “NEXT STEP”.
f) Examination of the order, the invoice details, the delivery details, the method of delivery and the method of payment.
g) Binding submission of payment obliging order by clicking the button “BUY”.
The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labeled in an easily legible manner only with the words “order with obligation to pay” or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader has not complied with this subparagraph, the consumer shall not be bound by the contract or order.
The buyer can correct input errors in the course of the delivery and payment process at any time and at the latest before sending off the binding order obliging payment through clicking the button “Edit” and getting back to the page where the relevant details of the buyer were given and can be corrected.
Moreover, the buyer can correct input errors in the course of the delivery and payment process at any time and at the latest before sending off the binding order obliging payment through clicking one of the buttons “Pay” or "Enter address", which is provided in the menu bar. The cart, where the buyer’s chosen good/s can be removed from the cart, reduced in their numbers, multiplied or complemented by further goods at any time by clicking on "Shopping Cart"..
The buyer can cancel the order process at any time by shutting down the internet browser.
When the buyer places an order with the vendor, he immediately receives a confirmation of the order via e-mail. The confirmation of the order does not constitute an acceptance by the vendor of the offer to buy, but a notification to the buyer, which confirms the receipt and the precise scope of the order to the buyer.
An effective sales contract between the buyer and the vendor only materializes when the buyer receives from the vendor – in addition to the confirmation of the order – an order confirmation via e-mail.
If the ordered goods cannot be delivered on time or at all, the vendor informs the buyer of this within 48 hours after the confirmation of order. If the ordered goods cannot be delivered on time, the buyer may choose to wait for the ordered goods or decide to cancel the order. If the goods cannot be delivered at all, the vendor prescinds from an order confirmation. A contract does not materialize in this case. Payments already rendered by the buyer will be reimbursed immediately by the vendor.
3. RIGHT OF WITHDRAWAL
The buyer can revoke the contractual agreement in writing (e.g. letter or e-mail) within 14 days without statement of reasons or – if the customer receives the goods before the end of this period – also by returning the goods. The period begins upon receipt of this notification in writing, but not before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first partial delivery) and also not before fulfillment of the vendor’s duties of information pursuant to Art. 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code (“EGBGB”) as well as the vendor’s duties according to § 312g (1) sentence 1 of the BGB in conjunction with Art. 246 § 3 EGBGB. The cancellation period is observed by timely sending the withdrawal notice or dispatching the goods.
The notice of withdrawal must be sent to (address as required for a summons):
Consequences of revocation:
In the case of an effective revocation, the mutually received benefits and, if applicable, derived profits (e.g. interest) are to be returned. If the buyer cannot or only partially reimburse the vendor for services (e.g. benefits from usage) or sends back the goods in a deteriorated condition, the buyer is required to offer to the vendor a compensation for lost value. The buyer is only required to offer a compensation of equal value, if the usage or deterioration is due to an improper use of the goods, exceeding the checking of properties and functions of the goods. “Checking of properties and functions” is understood to mean the testing and trying out of the individual good as conventionally conducted in shops. Goods suitable for shipping via parcel post shall be sent back at the risk of the vendor. The buyer has to bear the regular costs of reconsignment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed the amount of 40 € or if, in case of a higher value of the product, the buyer has at the time of the withdrawal not reciprocated or performed the contractually agreed partial payment. Otherwise the reshipment is exempt from charges for the buyer, provided the buyer is located within Germany. Buyers residing outside Germany are responsible for any and all costs incurred in returning the item to the vendor. Vendor assumes no responsibility for the Buyer’s package until it has been delivered to the Vendor’s office. It is thus strongly recommended that the Buyer use a reliable carrier that provides him/her with a tracking number and insurance. Goods not suitable for shipping via parcel post shall be collected from the buyer. Obligations to reimburse payments must be discharged within 30 days. The period shall begin for the buyer when he sends his statement of revocation or the goods; for the vendor it shall begin with its receipt.
Legal exclusion of the right of revocation:
The right of revocation, unless otherwise provided, does not exist in the case of – an order of goods, which are made according to specifications of the customer or clearly are tailored to the personal needs or which are not suitable for a return due to their condition or are easily perishable or whose expiration date would be exceeded (§ 312d (4) no. 1 BGB), – for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the user (§ 312d (4) no. 2 BGB), – delivery of newspapers, journals and magazines (unless the user has made his contractual statement for the delivery of newspapers, journals and magazines over the telephone) (§ 312d (4) no. 3 BGB).
End of information concerning right of withdrawal
4. STORAGE OF THE CONTRACT TEXT
The vendor stores the order of the buyer with the order data provided by the buyer. Additionally, the vendor stores the contract note with the General Terms and Conditions included in the contract.
The buyer can save and print the order and contract confirmation sent to him by the vendor via e-mail. The buyer can click on, save and print the General Terms and Conditions during or immediately after the order process.
5. CONDITIONS OF PAYMENT
The buyer can pay for the order by “credit card payment”, “PayPal” or “Bank Transfer”. Any other means of payment is only possible after an express agreement with the vendor in writing.
6. DELIVERY / SHIPPING COSTS
For international orders (deliveries outside of Germany), shipping of the ordered goods is performed by the vendor DHL, UPS Standard and UPS Express.
The delivery of the goods will take place to the delivery address provided by the buyer.
The stated delivery timeframes for the delivery by UPS Standard or UPS Express are merely indicative guidelines provided by the deliverer (UPS) and do not constitute binding delivery dates.
The buyer has to pay the following additional shipping costs:
for deliveries to Germany 5,- €,
for deliveries to EU countries 15,- €,
for deliveries to other European countries 20,- €,
for deliveries to all other countries 35,- €.
For a delivery by UPS Express, the buyer will be charged – without the possibility of an order free of shipping charges from a certain product value – the following shipping charges:
for deliveries to Germany 10,- €,
For deliveries to EU countries 30,- €,
for deliveries to other European states 40,- €,
For deliveries to following countries 50,- €:
Australia, Brazil, Canada, Hong Kong, Indonesia, Israel, Japan, Kuwait, Macau, Malaysia, Mexico, New Zealand, Singapore, South Africa, Taiwan, Thailand, UAE, and USA.
For deliveries to all other states 75,- €.
For deliveries to countries other than Germany, additional fees (tax, customs, import duties) may be levied by the local governing authorities. These further costs shall be borne by the customer. Refused packages will be refunded minus the return shipping costs.
Items will be shipped from Munich, Germany with official documentation declaring the exact total of all merchandise purchased in EU euros, as well as the country of origin for each item.
The goods ordered by the buyer are insured up to a value of 510 € by the vendor.
All prices quoted in the online shop of the vendor include the statutory value added tax applicable at the time.
8. RESERVATION OF PROPRIETARY RIGHTS
The goods remain the property of the vendor until the payment is made in full.
9. SET OFF / WITHHOLD
The purchaser is entitled to offset only insofar as the purchaser’s claim is undisputed, disputed but ready for decision or assessed in a legally binding judgment. The customer shall be entitled to enforce a right of retention only against counter-claims under the same contract.
10. WARRANTY RIGHTS / COSTS FOR RETURNING GOODS OF WITHDRAWAL
The statutory warranty rights shall be valid.
If the buyer uses his right of withdrawal, he has to bear the costs of reconsignment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed the amount of 40 € or if, in case of a higher value of the product, the buyer has at the time of the withdrawal not performed the return service or the contractually agreed partial payment. Otherwise the reshipment is exempt from charges for the buyer.
11. DATA PROTECTION
The vendor uses the customer’s data in accordance with his data privacy statement.
The contract language is German.
13. APPLICABLE LAW
The contractual relationship between the vendor and the buyer shall be governed by the law of the German Federal Republic to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. Excluded from the choice of law are the strict stipulations of the customer protection law of the country, where the customer has his habitual residence.
Place of jurisdiction for all disputes arising from the contractual relationship between the vendor and the buyer is the seat of the vendor, in as far as the buyer is a merchant, a legal person under public law or special fund under public law.
14. SEVERABILITY CLAUSE
Should one or more of these General Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions of the General Terms and Conditions.