Terms and Conditions – froach Online Shop

Version: September 2021

 

Your purchase contract is with

Froach Media GmbH

Friedenstraße 92

10249 Berlin

(in the following “Froach“).

 

Managing Director: Agnieszka Sarnecka 

Phone: +49 (0)30 679 50 840

Fax: +49 (0)30 679 50 849

Local Court Berlin

HRB 137240 B 

Sales tax VAT ID. DE279931492

 

  1. Scope of Application

For all mutual claims arising from and in the context of a conclusion of a contract between you, the customer, and us, Froach at the Internet mail order business, these General Terms and Conditions always apply in the version valid at the time of the respective conclusion of the contract. All offers, orders and deliveries are made exclusively in accordance with our General Terms and Conditions below. Deviations therefrom require our written confirmation. We reserve the right to change or amend the General Terms and Conditions.

 

  1. Participants

We conclude contracts with customers who are

a) natural persons of unrestricted legal capacity who have reached the age of 18, and with

b) egal entities, each with residence or registered office in the Federal Republic of Germany, a member state of the European Union or Switzerland (hereinafter referred to as “Customers”). Insofar as the offer of an unaccepted participant was accepted by us by mistake, we shall be entitled to declare our withdrawal from the contract to you within a reasonable period of time.

Customers can be consumers („Verbraucher“ in the sense of § 13 German Civil Code “BGB”) or entrepreneurs (“Unternehmer” in the sense of § 14 German Civil Code “BGB”).

 

  1. Subject Matter of Contract

A contract between you and us is concluded when we accept the order („Offer”) transmitted by you by delivering the ordered items („acceptance“ „Annahme”). In all other respects § 434 para. 1 sentence 3 of the German Civil Code („BGB“) applies. If it comes to the resignation/revocation, then we are obligated to credit immediately any performed deposits and/or pre-payments, or to pay back on request by cheque or transfer. 

 

  1. Ordering Process

The presentation of products in our online shop does not constitute a legally binding offer, but an invitation to order. Errors are reserved. When ordering through our online shop, the ordering process includes a total of 4 steps:

 

1. Step: In the step “Your address” you enter your customer data including billing address and, if desired, a different delivery address. Our online store offers you the option of registering a customer account. This allows you to order easily and conveniently in the online store with your e-mail address and your personal password. When ordering with customer data that can be assigned to an existing customer account, we ask you to carry out the desired order with your existing customer account. If you have forgotten your password, we offer you the possibility to have a password sent to you via a double opt-in procedure. You can change this password in your settings at any time. If you have already created a customer account in our online store, you can log in with your e-mail address and your personal password. Of course, we also offer you the possibility to order from us without creating a customer account.

2. Step: In the step “Payment method & shipping method” you choose, depending on the available options, with which payment method you would like to pay for your order and how the order should be shipped to you. 

3. Step: In the step “Check and order” you have the possibility to check all details (e.g. name, address, article, payment method) again and change them if necessary. By clicking the button “Order with obligation to pay” you place a binding order for the goods listed on the order page.

4. Step: “Done” In the fourth step we confirm the technical transfer of your order. Furthermore you have the possibility to print your order overview directly in this step. After completing your order, we will send an order confirmation email to the specified email address, in which you will find all the important information about your order as well as the legal information listed once again.

 

  1. Cancellation Policy for Consumers

 

Consumers have a right of revocation according to the following regulations:

 

Withdrawal Policy

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Froach, 

Friedenstraße 92

10249 Berlin

Fax: +49 (0)30 679 50 849 / E-Mail: info@froach.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from

you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard

delivery offered by us), without undue delay and in any event not later than 14 days from

the day on which we recieve your notification of withdrawal from this contract. We

will carry out such reimbursement using the same means of payment as you used for the

initial transaction, unless you have expressly agreed otherwise; in any event, you will not

incur any fees as a result of such reimbursement. We may withhold reimbursement until

we have received the goods back or you have supplied evidence of having sent back the

goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

End of Withdrawal Policy

Model withdrawal form

 

(complete and return this form only if you wish to withdraw from the contract)

 

– To

Froach GmbH

Friedenstraße 92

10249 Berlin

GERMANY

 

Fax: +49 (0)30 679 50 849 / E-Mail: info@froach.de

 

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the

following goods (*)/for the provision of the following service (*),

 

– Ordered on (*)/received on (*),

 

– Name of consumer(s),

 

– Address of consumer(s),

 

– Signature of consumer(s) (only if this form is notified on paper),

 

– Date

___________

(*) Delete as appropriate.

 

  1. Delivery/Shipping Cost

6.1 For orders under € 40, – we charge a flat shipping fee of € 5.10. For online orders, the resulting amount before submitting your binding order in the shopping cart in numerical form. For bulky items, which are shown in detail, we charge an additional bulky goods surcharge shown on the product.

6.2 The delivery is carried out by Printful. Products marked separately by us and custom-made products must be requested from us separately by e-mail. We will then make you an offer and handle order processing and shipping ourselves. We reserve the right to refuse a delivery if the delivery address is outside the valid delivery area, a previous order was not executed several times or the customer has insufficient creditworthiness. Delivery to P.O. boxes and postal addresses is not possible for postal reasons. Delivery times depend on the product. If longer delays should occur after an order, you will be informed about it by email and have the right at any time before delivery to withdraw free of charge from your order and/or to make changes, if nothing else was agreed upon. In case of impossibility for which we are not responsible, we are entitled to withdraw from the contract. From this you can not derive any claims for damages.

 

  1. Pricing, Terms of Payment

7.1 The prices quoted are final prices and include the value added tax valid on the day of publication. In the event of a statutory increase in value added tax after publication, we shall be obliged to charge the increased rate of value added tax. As a rule, prices quoted exclusively to entrepreneurs are net prices.

7.2 The payment of the ordered goods is made by advance payment, immediate transfer, debit note, PayPal or cash on delivery. In the case of cash on delivery, you will incur an additional fee of EUR XX4.99 plus any further processing fees of the respective logistics company.  We reserve the right, in individual cases or if payment is refused by credit institutions or providers of the respective payment method, to execute the order only against payment in advance. In this case you can accept this or withdraw from your order. You will be charged for any costs incurred as a result of a chargeback of a payment transaction for lack of funds or due to incorrect data transmitted by you. In the event of late payment, we shall be entitled to charge interest on arrears at a rate of at least 5 percentage points above the base interest rate applicable at the time, but no less than 5% p.a.

7.3 For orders placed via our online shop, the online prices stated during the ordering and checking process shall apply.

7.4 In order to hedge the credit risk in individual cases, we reserve the right to exclude certain types of payment and to make requested deliveries only against advance payment, cash on delivery or immediate payment upon delivery.

7.5 The cession (“Abtretung”) of claims against us shall only be effective with our written consent.

7.6 You shall inform us without delay of any enforcement measures by third parties in respect of the reserved goods, handing over the documents necessary for an intervention; this shall also apply to impairments of any other kind. Irrespective of this, you shall inform the third parties in advance of the rights existing in the goods. If you are an entrepreneur („Unternehmer“), you shall bear our costs of an intervention insofar as the third party is not in a position to reimburse.

7.7 If you are an entrepreneur („Unternehmer“), we shall retain title to the goods until all claims against you have been satisfied, even if the specific goods have already been paid for.

7.8 If you are an entrepreneur („Unternehmer“), you hereby assign to us by way of security the claims against your customers arising from the aforementioned transactions in the event of resale of the reserved goods until all our claims have been satisfied. If the reserved goods are processed, transformed or combined with another item, we shall acquire direct ownership of the manufactured item. This shall be deemed to be reserved goods.

7.9 If the value of the security exceeds our claims against you by more than 20%, we shall, at your request and at our discretion, release securities to which we are entitled to the corresponding extent.

 

  1. Retention of Title

We retain title to all goods delivered to a customer until final and complete payment of the goods delivered. Insofar as we exchange goods within the scope of the warranty, it is already agreed today that ownership of the goods to be exchanged shall pass from you to us or vice versa at the point in time at which we receive the goods back from you or you receive the exchange delivery from us.

 

  1. Warranty

9.1 We warrant that the products are free from material defects and defects of title (“Rechts- und Sachmängel”) at the time of transfer of risk („Gefahrübergang“).

9.2 If delivered goods show obvious material or manufacturing defects, including transport damage, such defects must be reported to us within 2 weeks.

9.3 The warranty period shall be two years for new goods. It begins with the receipt of the goods by the customer.

9.4 In the event of a defect, the customer may, in accordance with § 439 of the German Civil Code („BGB“), at its option demand the removal of the defect or the delivery of a defect-free item. Within the scope of § 439, we may refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost. If the subsequent performance fails twice, the purchaser may in principle demand a reduction of the purchase price (reduction) or rescission of the contract (withdrawal) as well as damages at his discretion. In the event of only minor defects, the Buyer shall not be entitled to withdraw from the contract.

9.5 With regard to any claims for damages due to defects of the goods, the statutory provisions shall apply.

9.6 A prerequisite for warranty claims is that the defect has not been caused by improper use or overuse. If a defect becomes apparent later than 6 months after handover, the customer must prove that the item was defective at the time of transfer of risk („Gefahrübergang“). Otherwise, we shall be free to prove that the item did not have any material defects at the time of handover.

 

  1. Liability

According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our online shop at any time.

 

  1. Data Protection

We comply with the data protection laws applicable to us. Please refer to our privacy policy.

 

  1. Choice of Law

11.1 The legal relationship between us and the respective terms and conditions shall be governed by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 The provisions of clause 11.1 shall not affect mandatory provisions of the law of the country in which the customer has its habitual residence if and to the extent that the customer has concluded a purchase contract that cannot be attributed to the customer’s professional or commercial activity (Consumer Contract “Verbrauchervertrag”) and if the customer has performed the legal acts required for the conclusion of the purchase contract in the country of its habitual residence.

 

  1. Various

12.1 The customer shall have no right of set-off (“Aufrechnung”) or retention (“Zurückbehaltung”) unless the claim is undisputed or has been finally determined by a court of law.

12.2 The website operated by us as well as its entire content, in particular texts, photos, images, graphics, illustrations and any software as well as all trademarks, patents, utility models are all protected by industrial property rights, in particular copyrights, rights to names and images, trademarks, patents in force or utility models against unauthorized use. The use outside of the selection and purchase of goods requires prior written consent on our part or, if the respective rights do not lie with us, on the part of the rights holder.

12.3 Exclusive place of jurisdiction is Berlin, if the customer is an entrepreneur (“Unternehmer”).

12.4 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

The contract text is not stored by us and can no longer be retrieved after completion of the ordering process. However, you can print the order data immediately after sending. Furthermore, you will receive an order confirmation with all order data, as well as the invoice by e-mail, if you have provided a correct e-mail address. This requires the technical accessibility of your e-mail inbox.

 

European Online Dispute Resolution Service: http://ec.europa.eu/consumers/odr/

Version: 08/2021