Conditions of Use

General Business Terms for the Webshop of Friedr. Dick GmbH & Co. KG
(Status November 2014)

 

§ 1    Scope, definitions

(1)     The following General Business Terms for the Webshop (hereinafter "Webshop-General Business Terms") shall apply to all business relationships between you as a client and us, Friedr. Dick GmbH & Co. KG (hereinafter "Dick") which are initiated and processed through our Webshop. That version of our Webshop-General Business Terms is decisive, which is valid at the time of the order. Deviating terms and conditions of the client will not be recognised unless these have been explicitly approved by Dick in the individual case.

(2)     The General Terms of Sale, Delivery and Payment of Dick shall apply in addition to the provisions of the Webshop-General Business Terms. The order stated herein shall apply in the event of deviations and contradictions between the regulations of the Webshop-General Business Terms and the General Terms of Sale, Delivery and Payment.

(3)     Our goods and services offered via the Dick-Webshop shall likewise be oriented both to consumers and entrepreneurs, however only to end customers. For the purposes of these General Business Terms, (i) a "consumer" is each natural person, who concludes the contract for a purpose, which primarily can neither be attributed to its commercial, nor its self-employed professional activity (Section 13 BGB [German Civil Code]) and (ii) is an "entrepreneur", a natural person or legal entity or a partnership with legal capacity, which acts while performing their commercial or self-employed professional activity upon conclusion of the contract (Section 14 Par. 1 BGB).

§ 2    Offers and conclusion of the contract

(1)     The presentation of the products in the Webshop does not yet represent a legally binding offer, but a request to submit an order.

(2)     By clicking the button (“Buy") you submit an offer for the conclusion of a purchase contract.

(3)     The purchase contract will be concluded by the sending of the ordered article to you. The confirmation of the receipt of your order is no acceptance of your offer. It merely serves as information for you that this order has been received.

(4)     Dick reserves the right to only accept the offer for the conclusion of a purchase contract from a minimum order value of EUR 15.00.

§ 3    Shipping costs, terms of delivery and service

(1)     For orders from Germany of less than a value of EUR 80.00 we will charge a shipping costs flat rate in the amount of EUR 6.00. The shipping costs within Germany will cease to exist from a goods order value of EUR 80.00.

(2)     We will charge a shipping costs flat rate in the amount of EUR 15.00 for orders from other EU countries (Belgium, Denmark, France, Great Britain, Italy, Luxembourg, The Netherlands, Austria, Poland, Slovakia, Slovenia, the Czech Republic, Hungary) and Switzerland. (1)      For orders from all other EU countries we will charge a shipping costs flat rate in the amount of EUR 31.00.

(3)     We shall deliver the goods according to the agreements reached with you. The agreement of delivery and service deadlines and dates requires a written form. Delivery and service deadlines and dates are non-binding, insofar as we have not previously described these as binding in writing. The delivery in parts is permissible.

§ 4    Prices, terms of payment, reservation of title

(1)     Insofar as not otherwise agreed the prices, which are decisive on the day upon which the contract was concluded and contained on our website www.dick-fanshop.de shall apply. Default shall occur 14 days after invoicing.

(2)     Payments can principally only be made as an advance payment as a transfer onto the account of Friedr. Dick GmbH & Co. KG, IBAN DE47 6115 0020 0000 9088 58 at Kreissparkasse Esslingen.

(3)     In case of transfers from overseas incurred bank charges will be for your expense.

(4)     The prices stated in the Webshop shall be deemed including the statutory rate of value added tax applicable at the time when the contract is concluded.

(5)     The goods shall remain our property until the full payment. If you are in default with the payment for longer than 10 days we are entitled to cancel the contract and to demand that the goods are returned.

§ 5    Revocation of the consumer, exclusion of the revocation

(1)  As a consumer you have a right of revocation. The pre-requisites and legal consequences of the right of revocation can be derived from the following instructions on the right of revocation.

 

 

Instructions on the right of revocation

Right of revocation

You are entitled to revoke this contract within fourteen days without stating any reasons.

The deadline for revocation is fourteen days from the day on which you or a third party named by you, which is not the carrier, have or has taken possession of the last goods.

In order to exercise your right of revocation you must inform us (Friedr. Dick GmbH & Co. KG, DICK FAN Shop, Esslinger Straße 4-10, 73779 Deizisau, fax: +49 7153 817-219, telephone: +49 7153 817-0, e-mail: fanshop@dick.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed sample revocation form for this purpose, which is however not stipulated.

In order to safeguard the deadline for revocation it is sufficient if you send the notification about the exercising of the right of revocation before the expiry of the deadline for revocation.

Consequences of revocation:

If you revoke this contract we have to repay you all payments, which we have received from you, including the delivery costs (with the exception of the additional costs, which ensue from the fact that you have chosen a different type of delivery than the most reasonably-priced standard delivery offered by us), immediately and by no later than within fourteen days from the day upon which the notification about your revocation of this contract has been received by us. For this repayment we will use the same means of payment, which you used with the original transaction unless explicitly otherwise agreed with you; in no way will you be charged any fees due to this repayment. We can refuse the repayment until the goods have been returned to us or until you have provided proof that you have returned the goods, depending on which is the earlier time.

You have to send the goods back or hand these over to us immediately and in any case by no later than within fourteen days from the day, upon which you inform us about the revocation of this contract. The deadline shall have been safeguarded if you send the goods before the expiry of the deadline of fourteen days. You will bear the direct costs for returning the goods.

You must only pay for a possible loss of value of the goods if this loss of value is a result of a handling of the goods that is not necessary for the inspection of the condition, properties and method of functioning of the goods.

End of the instructions on the right of revocation

(2)     The right of revocation shall among others not exist according to Section 312g BGB 

(a)     with the delivery of goods, which have not been pre-fabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs and

(b)     with the delivery of sealed goods, which for reasons of the protection of the health or hygiene are not suitable for return if their seal was removed after the delivery.

(3)     Please complete the return form enclosed with the shipment in order to return the goods. The details entered on this form are voluntary. The right of revocation shall remain unaffected hereby.

§ 6    Warranty, liability

(1)     If you are a consumer within the meaning of Section 13 BGB the statutory warranty regulations shall apply.

(2)     If, on the other hand, you are an entrepreneur within the meaning of Section 14 BGB, the following warranty regulations will apply to contracts concerning the delivery of goods:

(a)     In the event of a defect we will provide warranty by subsequent satisfaction. Subsequent satisfaction is carried out by our choice in the form of subsequent improvement or subsequent delivery.

(b)     Insofar as we are not willing or not in the position to provide subsequent satisfaction you can at your choice cancel the contract or reduce the purchase price. The same shall apply if the subsequent satisfaction fails, is deemed unreasonable for you or is delayed beyond reasonable deadlines for reasons, for which we are responsible.

(c)     Claims for defects shall become statute-barred within one year from delivery of the goods. This shall also apply to claims for damages and reimbursement of expenses owing to defects except in the cases of a wilful or grossly negligent breach of duty, the breach of guarantees or an injury to life, the body or the health.

§ 7    Liability, compensation of damages and reimbursement of expenses

(1)     We shall only be liable for damages in the cases of letters. a) to d) as follows:

(a)     for the injury to life, the body and/or the health as well as for damages caused by wilful intent or gross negligence to an unlimited extent;

(b)     for damages from the non-compliance with guaran­ties possibly submitted in writing to the extent of your interest in assets as a buyer that was covered by the purpose of the guarantee and was recognisable for us when it was submitted;

(c)     in the cases of the product liability according to the Product Liability Act;

(d)     for the breach of duties which are essential for the contract owing to slight negli­gence the thus resulting liability for damages is limited to that­ scope of damages, with the establishment of which we typically had to expect upon conclusion of the contract owing to the circumstances known to us at this time. Duties which are essential for the contract are such fundamental duties, which were decisive for your conclusion of the ­contract and the compliance with which you should be able to rely upon;

(2)     Incidentally all liability for damages by us, no matter for which legal grounds, is excluded.

(3)     In the cases described in Par. 1 d) claims for damages and expenses will become statute-barred in twelve months. The statute-of-limitations shall begin according to Section 199 BGB.

(4)     Insofar as our liability is excluded according to these provisions, this shall also apply to the liability of our executive bodies, vicarious agents, and assistants, in particular of employees.

§ 8    Data protection

(1)     We will exclusively collect, process and store all personal data notified by you according to the provisions of the German Data Protection Law.

(2)     A use of your personal data is necessary for processing the contract concluded with you. A use beyond this requires your explicit consent. Please see our data protection declaration for the details concerning the collected data and their respective use.

§ 9    Platform for online dispute resolution, participation in dispute resolution procedure

(1)     Applicable law obliges us to inform the consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for organisation of the platform. Here is the link to the European online dispute resolution platform: http://ec.europa.eu/odr.

(2)     We are not obliged to participate in a dispute resolution procedure before a dispute resolution entity for consumers and have therefore decided against voluntary participation.

§ 10  Identity of the provider, contact

(1)       The provider of this Webshop is

Friedr. Dick GmbH & Co. KG
Esslinger Straße 4-10
73779 Deizisau

Telephone: + 49 7153 817-0
Fax: + 49 7153 817-219
e-mail: fanshop@dick.de

         The company is a private limited partnership (Kommanditgesellschaft) headquartered in Deizisau, Stuttgart District Court Commercial Register Excerpt 722301.
Partner with unlimited liability Friedr. Dick Geschäfstführungs GmbH headquartered in Deizisau. General Manager: Wilhelm Leuze and Steffen Uebele.
Stuttgart District Court Commercial Register 725163
Tax ID No.: DE 257 949 276   

Complaints can be asserted under the afore-mentioned address.

§ 11  Final provisions

(1)     German law shall apply under the exclusion of the UN Convention on Contracts concerning the International Sale of Goods.

(2)     If the buyer is a merchant, the exclusive place of jurisdiction for all disputes is the registered seat of Dick. We are however also entitled to file an action against the buyer at his general place of jurisdiction.

(3)     Should individual provisions of these General Business Terms be invalid or become invalid this shall have no effect on the validity of the other terms and conditions of the contract.

Friedr. Dick GmbH & Co. KG, Deizisau

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