Terms and Conditions

Terms and Conditions

 

1. Preamble and Scope

The following general terms and conditions (GTC) apply to all business relationships between the customer and FAAMA GmbH, Wittekamp 19, 30177 Hanover, (hereinafter referred to as FAAMA GmbH). The version of these GTC valid at the time the contract is concluded is decisive. These GTC apply exclusively; conflicting or deviating terms and conditions of the customer are not recognized unless FAAMA GmbH has expressly agreed to their validity in writing.

Customers of FAAMA GmbH and within the meaning of these terms and conditions can only be entrepreneurs, clubs and associations.

Entrepreneur within the meaning of the GTC is, according to § 14 BGB, a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with FAAMA GmbH, exercises their commercial or independent professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities. A customer who represents a public special fund is also considered an entrepreneur in this sense.

2. Conclusion of contract, delivery and warranty

1. With his order, the customer makes a binding offer to FAAMA GmbH to want to conclude a contract with the appropriate content. Orders can be placed with FAAMA GmbH by telephone, in writing or electronically. The customer's order represents a binding offer. Receipt of the order is confirmed immediately after it has been received by FAAMA GmbH. The purchase contract is only concluded when the goods are sent to the customer or when an order confirmation is sent (in writing or by e-mail). If the customer requests an offer for goods from FAAMA GmbH, FAAMA GmbH will send the customer a corresponding offer for the purchase of the goods in writing or by email. The customer can accept this offer by making a corresponding declaration of acceptance to FAAMA GmbH. In this respect, the contract is concluded by means of individual communication between FAAMA GmbH and the customer.

2. The goods are usually delivered within the period specified in the offer by a company commissioned by FAAMA GmbH (hereinafter referred to as the service provider) to the delivery address specified by the customer. The shipping costs incurred will be communicated to the customer with the order confirmation.

3. The customer must ensure that the goods are received at the specified delivery address and on the expected delivery day immediately after arrival, so that there are no delays for the deliverer.

If an ordered item cannot be delivered because FAAMA GmbH is not supplied by its suppliers through no fault of its own despite contractual obligations on the part of the supplier, FAAMA GmbH is entitled to withdraw from the contract . In this case, FAAMA GmbH will inform the customer immediately that the ordered item is no longer available and will immediately reimburse any services already rendered.

4. Force majeure, war, terrorism, suspicion of terrorism, riot, strike, lockout, disruption of the raw material and energy supply or other events which FAAMA GmbH cannot avert despite exercising reasonable care and which prevent the provision of the service, release FAAMA GmbH from the delivery and performance obligation for the respective duration of those disruptive events.

5. Notification of defects and warranty

The statutory warranty provisions apply, which are limited as follows.

If the purchase is a commercial transaction for both parties, the customer must inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and if a shows a defect to notify FAAMA GmbH immediately. If the customer fails to do so, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. For the rest, §§ 377 ff. HGB apply. The warranty period for new goods is one year for mutual commercial transactions; there are no claims for defects with used goods.

FAAMA GmbH assumes no liability for defects and damage resulting from improper handling and storage of the goods by the customer.

The abbreviation or the aforementioned exclusion does not apply to 

1. damage culpably caused by FAAMA GmbH resulting from injury to life, limb or health as well as other damage, insofar as this is based on intent or gross negligence on the part of FAAMA GmbH.

2. Insofar as FAAMA GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods.

3. In the case of goods that are usually used for a building in accordance with their intended use and have caused the building to be defective.

4. In the case of statutory rights of recourse that you have in connection with defects against FAAMA GmbH.

3. Retention of title and transfer of risk

1. The risk of loss or damage to the goods passes to the customer as soon as FAAMA GmbH has handed over the ordered goods to the service provider.

2. FAAMA GbmH retains ownership of the goods until all claims against the customer have been met, even if the specific goods have already been paid for.

The customer must inform FAAMA GmbH immediately about enforcement measures by third parties in relation to the reserved goods and hand over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform third parties in advance of the rights to the goods. The customer bears the costs of an intervention by the user if the third party is not able to reimburse them.

In the event of the resale/rental of the goods subject to retention of title, the customer hereby assigns to FAAMA GmbH the claims arising from the said transactions against his Customer off for security.

If the reserved goods are processed, transformed or combined with another item, FAAMA GmbH acquires direct ownership of the item produced. These are considered reserved goods.

If the value of the security exceeds the claims of FAAMA GmbH against the customer by more than 20%, FAAMA GmbH shall, at the request of the customer and at the discretion of FAAMA GmbH, to release the securities to which FAAMA GmbH is entitled to a corresponding extent.

4. Prices

Unless otherwise stated, the prices of FAAMA GmbH are net prices plus statutory sales tax.

5. Payment, default

1. Payment is made in advance or SEPA company direct debit mandate unless otherwise individually agreed.

2. If payment by invoice has been individually agreed, this must be paid within 14 days of receipt of the invoice without any deductions, unless otherwise individually agreed. In the case of payment by check or SEPA company direct debit mandate, the payment is only deemed to have been made when it is credited.

3. If the customer is in default of payment, the statutory regulations apply.

6. Limitation of Liability

FAAMA GmbH is only liable in the case of intent and gross negligence. FAAMA GmbH is also liable for the negligent breach of obligations if this has resulted in injury to life, limb or health or if a guarantee or claims under the Product Liability Act are affected. FAAMA GmbH is also liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the user regularly relies. In the latter case, however, FAAMA GmbH is not liable for unforeseeable damage that is not typical for the contract. FAAMA GmbH is not liable for slightly negligent breaches of other obligations. The above limitations of liability also apply to vicarious agents of FAAMA GmbH.

7. Final Provisions

1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.

2. The exclusive place of jurisdiction for all disputes arising from the contractual relationship between the customer and FAAMA GmbH is, insofar as the customer is a merchant, the registered office of FAAMA GmbH.

3. Should individual clauses of these terms and conditions be wholly or partially ineffective, this does not affect the effectiveness of the remaining clauses.

4. Contract language is German. In the event of a dispute, the German version of these General Terms and Conditions shall apply as effectively agreed.

 

End of the terms and conditions, if you have any questions, please contact us by email