General Terms and Conditions of Business

1.scope of application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur 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.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2.contractual Partner, Conclusion of Contract

The purchase contract is concluded with Fritz Berger GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

When the contract with us is concluded depends on the payment method you have chosen:

Invoice, SEPA direct debit, installment purchase
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Prepayment
We accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we give you our bank details.

Credit card
We accept your order by sending a separate e-mail or by delivering the goods within two days.

PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.

Sofort by Klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. There you can select the delivery address and payment method stored with Amazon and confirm the payment instruction to Amazon. You will then be redirected back to our online store where you can complete the ordering process. After submitting the order, we request Amazon to initiate the payment transaction and thereby accept your offer.

3.contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

The contract text will not be stored by us.

4.terms of delivery

Shipping costs will be added to the indicated product prices. You can find out more about the shipping costs in the offers.

We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

5.payment

In our store you can choose between the following payment methods:

Prepayment
If you select the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the goods have been shipped.

SEPA Direct Debit
With the submission of the order you give us a SEPA direct debit mandate. we will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after the goods have been shipped. The period for advance notice of the date of the account debit (so-called prenotification period) is 14 days.

PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Immediately by klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimize yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online store, where you can complete the ordering process. Immediately after the goods have been shipped, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.

Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

Installment purchase
In cooperation with the online service provider TeamBank AG, Beuthener Straße 25, 90471 Nuremberg, we offer you the possibility of installment purchase. Prerequisite is a successful address and credit check. For the payment processing - in addition to our terms and conditions - the terms and conditions and privacy policy of TeamBank AG, Beuthener Straße 25, 90471 Nuremberg apply. Further information and the complete GTC of TeamBank AG, Beuthener Straße 25, 90471 Nuremberg on installment purchase can be found here: https://www.easycredit.de/nutzungsbedingungen

6.right of withdrawal

You are entitled to the legal right of revocation as described in the revocation instructions.

7.retention of title

The goods remain our property until full payment
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

8.transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9.warranty and guarantees

The statutory law on liability for defects shall apply. Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 8:00 am to 6:00 pm under the phone number +49 (0)9181 / 330 100 and by e-mail at service@fritz-berger.de.

10.liability

For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, our legal representatives' part or ours, we shall be entitled to claim damages.in the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.

11.code of Conduct

We have submitted to the following codes of conduct:
- Trusted Shops quality criteria
- https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

12.data protection

Within the scope of a business relationship, it is necessary for us to process personal data of our customers or, if applicable, of a customer's employees as a responsible entity within the meaning of Art. 4 No. 7 DS-GVO. We are therefore obliged to inform our customers about the scope and purposes of the data processing, including the rights to which they are entitled as a result, when collecting the data (Articles 13, 14 DS-GVO). We provide this information by posting notices in the case of data collection at our sites, and on our website www.fritz-berger.de/datenschutz/ in the case of data collection elsewhere

13. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.