General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Warranty
- Liability
- Special Conditions for Repair Services
- Applicable Law
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC")
of the company Frank Windhorn Servicecenter Frank Windhorn
(hereinafter referred to as "Seller”) shall apply to all contracts concluded
between a consumer or a trader (hereinafter referred to as "Client”)
and the Seller relating to all goods and/or services presented in the Seller's online shop.
The inclusion of the Client’s own conditions is herewith objected to,
unless other terms have been stipulated.
1.2 A consumer pursuant to these GTC is any natural person
concluding a legal transaction for a purpose attributed neither to a mainly
commercial nor a self-employed occupational activity.
1.3 A trader pursuant to these GTC is a natural or legal person or
a partnership with legal capacity who, when concluding a legal transaction,
acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not
constitute binding offers on the part of the Seller,
but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated
into the Seller's online shop. In doing so, after having placed the selected goods
and/or services in the virtual basket and passed through the ordering process,
and by clicking the button finalizing the order process,
the Client submits a legally binding offer of contract with regard to the goods
and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation
in written form (fax or e-mail); insofar receipt of order confirmation
by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods
by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply,
the contract shall be concluded at the time when one of the aforementioned
alternatives firstly occurs. Should the Seller not accept the Client’s offer
within the aforementioned period of time, this shall be deemed as rejecting
the offer with the effect that the Client is no longer bound
by his statement of intent.
2.4 If a payment method offered by PayPal is selected,
the payment will be processed by the payment service provider
PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
(hereinafter referred to as "PayPal"),
subject to the PayPal Terms of Use, available at https://www.paypal.com
if the Client does not have a PayPal account, subject to the Terms for payments
without a PayPal account, available at https://www.paypal.com
If the Client pays by means of a method of payment offered by PayPal
which can be selected in the online order process, the Seller hereby
declares the acceptance of the Client's offer at the time when the Client clicks
on the button concluding the order process.
2.5 If the Client chooses the payment method “Amazon Payments”,
payments are processed by the payment service provider
Amazon Payments Europe S.C.A.,
38 avenue John F. Kennedy, L-1855 Luxembourg
(hereinafter referred to as „Amazon“).
If the Client chooses “Amazon Payments” as payment method during
the online ordering process, he, at the same time, makes a payment
order to Amazon when initiating the payment transaction by clicking
the button finalizing the ordering process. In this case,
the Seller declares his acceptance of the Client’s offer at the time
when the Client initiates the payment transaction by clicking the button
finalizing the ordering process.
2.6 When submitting an offer via the Seller's online order form,
the text of the contract is stored by the Seller after the contract has
been concluded and transmitted to the Client in text form
(e.g. e-mail, fax or letter) after the order has been sent.
The Seller shall not make the contract text accessible
beyond this. If the Client has set up a user account in the
Seller's online shop prior to sending his order, the order data shall
be stored on the Seller's website and can be accessed by the
Client free of charge via his password-protected user account
by specifying the corresponding login data.
2.7 Prior to submitting a binding order via the Seller’s online order form,
the Client may recognize input errors by reading attentively the information
displayed on the screen. The enlargement function of the browser to enlarge
the display on the screen may be an effective method for better recognizing
input errors. The Client can correct all the data entered via the usual keyboard
and mouse function during the electronic ordering process,
until he clicks the button finalizing the ordering process.
2.8 The German and the English language are exclusively
available for the conclusion of the contract.
2.9 Order processing and contacting usually takes place via
e-mail and automated order processing. It is the Client’s responsibility
to ensure that the e-mail address he provides for the order processing
is accurate so that e-mails sent by the Seller can be received at this address.
In particular, it is the Client`s responsibility, if SPAM filters are used,
to ensure that all e-mails sent by the Seller or by third parties
commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are
provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description,
prices indicated are total prices including the statutory sales tax.
Delivery costs, where appropriate, will be indicated separately in the
respective product description
4.2 Payment can be made using one of the methods
mentioned in the Seller’s online shop .
4.3 If prepayment by bank transfer has been agreed upon,
payment is due immediately after conclusion of the contract,
unless the parties have arranged a later maturity date
4.4 If the payment method “purchase on account” is selected,
the purchase price is due after the goods have been delivered and invoiced.
In this case, the purchase price is to be paid within 14 (fourteen) days
from receipt of the invoice without deduction, unless otherwise agreed.
The Seller reserves the right to offer the payment method “purchase on account”
only up to a certain order volume, and he may refuse this payment method
if the specified order volume is exceeded.
In this case, the Seller will inform the Client in his payment information
displayed in the online shop of a corresponding payment restriction.
The Seller also reserves the right to carry out a creditworthiness check
when the payment method “purchase on account” is selected,
and he may reject this payment method in the event of a
negative creditworthiness check.
4.5 If the SEPA direct debit payment method is selected,
the invoice amount is due for payment after a SEPA direct debit mandate
has been issued, but not before the deadline for pre-notification has expired.
The direct debit will be collected when the ordered goods leave the Seller's warehouse,
but not before the deadline for pre-notification has expired.
Pre-notification means any communication (e. g. invoice, policy, contract)
of the Seller to the Client which announces a debit by means of SEPA direct debit.
If the direct debit is not honored due to insufficient account coverage
or due to the indication of an incorrect bank account,
or if the Client objects to the debit, even though he is not entitled to do so,
the Client shall bear the fees arising from the reversal of the respective bank,
if he is responsible for this.
4.6 When selecting the payment method credit card,
the invoice amount is due immediately upon conclusion of the contract.
Payment by credit card is processed in cooperation with
PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany,
which the Seller authorises to collect the dept in his name.
PAYONE GmbH shall collect the invoice amount from the
Clien's indicated credit card account. The credit card will be charged
immediately after the Client's order has been placed in the online shop.
The Seller remains responsible for general customer enquiries,
e.g. about the goods, delivery time, dispatch, returns, complaints,
declarations of revocation and shipments or credit notes,
even if the payment method credit card via PAYONE GmbH has been selected.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within
the delivery area specified by the Seller to the delivery address specified
by the Client unless otherwise agreed. When processing the transaction,
the delivery address specified in the Seller's order processing shall be decisive.
Deviating from this, if the payment method PayPal is selected,
the delivery address deposited by the Client with PayPal
at the time of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller,
because delivery to the Client was not possible, the Client bears the costs
for the unsuccessful dispatch. This shall not apply,
if the Client exercises his right to cancel effectively,
if the delivery cannot be made due to circumstances beyond
the Client's control or if he has been temporarily impeded to
receive the offered service, unless the Seller has notified the Client
about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 The Seller reserves the right to withdraw from the contract in
the event of incorrect or improper self-supply.
This only applies if the Seller is not responsible for the non-supply and
if he has concluded a concrete hedging transaction with the supplier.
The Seller shall make all reasonable efforts to obtain the goods.
In case of non-availability or partial availability of the goods
he shall inform the Client and grant him immediately counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to
the delivered goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Unless otherwise stipulated , the provisions of the statutory liability
for defects shall apply. Deviating therefrom,
the following shall apply to contracts for the delivery of goods:
7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall
be one year from delivery of the goods, - for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence
if a replacement delivery is made within the scope of liability for defects.
7.3 If the Client acts as a consumer, the following applies to contracts
for the delivery of used goods subject to the restriction of the following clause:
The limitation period for claims for defects is one year from the delivery
of the goods if this was expressly and separately contractually agreed
between the parties and it the Client was specifically informed
of the shortening of the limitation period before submitting
his contractual declaration.
7.4 The above-mentioned limitations of liability and shortening
of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with
their customary use for a building and which have caused its defectiveness, - for any existing obligation of the Seller to provide updates
for digital products with respect to contracts for the supply
of goods with digital elements.
7.5 Furthermore, for traders, the statutory limitation periods
for any statutory right of recourse that may exist shall remain unaffected.
7.6 If the Client is a businessperson pursuant to section 1
of the German Commercial Code (HGB) he has the commercial duty
to examine the goods and notify the Seller of defects pursuant to section 377 HGB.
Should the Client neglect the obligations of disclosure specified therein,
the goods shall be deemed approved.
7.7 If the Client acts as a consumer, the forwarding agent has to be
immediately notified of any obvious transport damages and the Seller
has to be informed accordingly. Should the Client fail to comply therewith,
this shall not affect his statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Client for all contractual, quasi-contractual
and legal, including tortious claims for damages and reimbursement
of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life,
body or health, - due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the
German Product Liability Act (Produkthaftungsgesetz).
8.2 If the Seller negligently breaches a material contractual obligation,
liability is limited to the damage that is typical for the contract
and foreseeable, unless unlimited liability applies in accordance
with the above paragraph. Material contractual obligations are
obligations that the contract imposes on the Seller in accordance
with its content in order to achieve the purpose of the contract,
the fulfillment of which makes the proper execution of the contract
possible in the first place and on whose compliance the Client can regularly rely.
8.3 Otherwise, liability on the part of the Seller is excluded.
8.4 The above liability provisions also apply with regard to
the liability of the Seller for his vicarious agents and legal representatives.
9) Special Conditions for Repair Services
If the Seller is responsible for the repair of a Client's item
under the terms of the contract, the following shall apply:
9.1 Repair services shall be provided at the Seller's place of business.
9.2 The Seller shall render his services at his discretion either himself
or by qualified personnel selected by him. The Seller may also make use of the
services of third parties (subcontractors) who act on his behalf.
Unless otherwise stated in the Seller's service description,
the Client has no right to select a specific person to perform the desired service.
9.3 The Client must provide the Seller with all information necessary
for the repair of the item unless its procurement does fall within the
Seller's scope of duties according to the content of the contract.
In particular, the Client must provide the Seller with a comprehensive
description of the defect and inform him of all circumstances which may
be the cause of the defect found.
9.4 Unless otherwise agreed, the Client must send the item to be
repaired to the Seller's place of business at his own expense and risk.
The Seller recommends the Client to conclude a transport insurance
for this purpose. Furthermore, the Seller recommends the Client to send
the goods in suitable transport packaging in order to reduce the risk of
transport damage and to conceal the content of the packaging.
The Seller will immediately inform the Client of obvious transport damage
so that the Client can assert any rights he may have
against the transport company.
9.5 The return of the goods shall be at the Client's expense.
The risk of accidental loss and accidental deterioration of the item
passes to the Client when the item is handed over to a suitable transport
person at the Seller's place of business. At the Client's request,
the Seller will conclude a transport insurance for the goods.
9.6 The Client can also transfer the item to be repaired at the Seller's place
of business and collect it again from the Seller if this results from the Seller's
service description or if the parties have made a corresponding
agreement in this respect. In this case, the above provisions regarding
the bearing of costs and risks shall apply accordingly when the goods
are dispatched and returned.
9.7 The aforementioned regulations do not limit the Client's statutory rights
in the event of the purchase of goods from the Seller.
9.8 The Seller shall be liable for defects in the repair service provided in
accordance with the provisions regarding statutory liability for defects.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal
relationships between the parties under exclusion of the laws governing
the international purchase of movable goods. For consumers, this choice of
law only applies to the extent that the granted protection is not withdrawn
by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
11) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute
settlement procedure before an alternative dispute resolution entity.
