GENERAL TERMS AND CONDITIONS
OF FOLDART GMBH
INFORMATION ACCODRING TO §5 OF THE GERMAN TELEMEDIA ACT (TMG):
ROSENHEIMER STRASSE 72
FON +49 8031 35082 - 0 FAX - 17
TEL +49 8031 35082 - 0
FAX +49 8031 35082 - 17
REGISTERED IN THE COMMERCIAL REGISTRY
REGISTRY COURT: TRAUNSTEIN
REGISTRY NUMBER: HRB 26136
VALUE ADDED TAX ID:
VALUE ADDED IDENTIFICATION NUMBER
ACCORDING TO §27 VALUE ADDED TAX ACT
CORPORATE DESIGN, WEB DESIGN:
WAO COMUNIQUEATION ROSENHEIM
§ 1 GENERAL
(1) These General Terms and Conditions apply to all contracts, deliveries and other services of FOLDART GmbH, Rosenheimer Strasse 72, 83059
Kolbermoor (hereinafter: “FOLDART”), concerning the online shop www.foldart.de and all subdomains belonging to the domain. Different customer requirements do not apply, unless FOLDART has confirmed this in writing. Individual ancillary agreements between FOLDART and the
customers always take precedence.
(2) The business relationships between FOLDART and the customers are subject to the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply if the granted protection is not withdrawn due to statutory provisions of the state in which the consumer usually resides. Application of the UN Sales Convention is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Rosenheim if the customer is a businessman or a legal entity under public law or a special asset body under public law.
The same applies if a customer does not have a general place of jurisdiction in Germany or his residence or usual abode are unknown at the time
the legal action is filed.
(5) We deliver to the following countries: Germany, Austria and Switzerland.
(6) Customers have the option to use an alternative dispute resolution. The following link to the EU Commission (also called the OS platform)
contains information about online dispute settlement and serves as the central contact point to the extrajudicial settlement of disputes
arising from online sales agreements: ec.europa.eu/consumers/odr.
§ 2 CONTRACT CONTENTS AND CONTRACT CONCLUSION
(1) FOLDART offers customers new goods, primarily design wall objects, for sale in the online shop www.foldart.de.
(2) When purchasing in the online shop, a sales agreement is generated by the acceptance of the customer’s order by FOLDART.
Prices displayed in the online shop do not represent an offer in the legal sense. The receipt and the acceptance of the order are confirmed to the
customer by e-mail.
(3) The text of the contract is saved. It is not accessible to the customers.
§ 3 PRICES, SHIPPING COSTS, VALUE ADDED TAX AND PAYMENT
(1) The prices indicated there apply to orders through the online shop. All prices include the statutory value added tax.
(2) The prices include the shipping costs. For orders outside the online shop (see § 2 para. 3) the prices indicated in the FOLDART offer apply; this also includes the shipping costs.
(3) The delivery to the customers by FOLDART takes place as requested by the customer in return for the following payment methods:
prepayment (by bank transfer, Paypal, credit card payment), EC card / direct debit, on account.
If the customer chooses prepayment via bank transfer, then payment is due 3 calendar days at the latest after conclusion of the contract.
With delivery on account, payment is due 14 calendar days at the latest after the billing.
(4) If a customer is in default with his payment obligations, then FOLDART can demand damage compensation according to the legal provisions
and/or withdraw from the contract.
(5) FOLDART always issues an invoice to the customers, which is handed over to him when the goods are delivered or else is sent in text form.
§ 4 DELIVERY AND TRANSFER OF RISK
(1) The ordered goods, unless otherwise agreed upon in this contract, are delivered to the address indicated by the customer. The delivery comes directly from the manufacturer.
(2) The availability of the individual goods is indicated in the article descriptions. FOLDART sends goods in stock in the warehouse, unless otherwise agreed, within 14 working days after initiation of the payment transaction (for prepayment through bank transfer: within 14 working days after receipt of payment). If the goods are marked as not in stock for a sale through the online shop, then FOLDART will make every effort to deliver the goods as soon as possible. Information from FOLDART regarding the delivery period is non-binding, unless, by way of exception, the FOLDART delivery date has been confirmed as binding.
(3) FOLDART reserves the right, as an exception, to undertake a partial delivery if this appears advantageous for expeditious processing and partial delivery is not unreasonable for
the customer. Extra costs that arise due to partial deliveries are not charged to the customer.
(4) FOLDART reserves the right to be released from its contractual obligations, if the goods to be delivered by a supplier on the day of delivery and the delivery in whole or in part does not take place. This reservation of self-supply is only valid if FOLDART is not responsible for the failure to make the delivery. FOLDART is not responsible for the failure to provide the service, if a so-called congruent covering transaction was concluded with the supplier in a timely manner to fulfil
the contractual obligations. If the goods are not delivered, FOLDART will immediately inform the customer about this state of affairs and refund an already paid purchase price as well as the shipping costs.
The risk of accidental loss or deterioration of the goods passes to the customer with the handover. If the customer is an entrepreneur, then the risk of accidental loss or deterioration of the goods, then, in the event of a sale to destination, the risk of accidental loss or deterioration of the goods as well as the risk of delay passes already with the delivery of the goods to the forwarding agent, the carrier, or any other person charged with the execution of the shipment.
§ 5 RESERVATION OF TITLE
The delivered goods remain the property of FOLDART until all claims from the contract have been settled. In the event that the customer is a legal entity under public law or a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed activity, it shall remain so beyond the current business relationship until the settlement of all claims to which FOLDART is entitled in connection with the contract.
§ 6 LIABILITY FOR DEFECTS OF QUALITY AND DEFECTS OF TITLE
(1) If defects exist, the customer is entitled to the legal warranty rights in accordance with the following provisions.
If the contract only involves businessmen, then, in addition, §§ 377 et seq. of the German Commercial Code (HGB) applies.
(2) Damage or losses due to improper actions of the customer during setup, hanging, attachment, operation or storage of the goods do not constitute grounds for any warranty claims against FOLDART.
The customer can find information on proper handling in the manufacturer descriptions.
(3) Defects must be reported by the customer to FOLDART within a warranty period of two years for new goods or one year for used goods.
If the customer is an entrepreneur, then the warranty period for new goods is one year. The warranty for used goods.
is excluded for entrepreneurs.
The above-mentioned liability limitations do not apply if FOLDART has fraudulently concealed a defect or has assumed a guarantee for the condition of the goods and not for damage compensation claims of the customer aimed at compensation for injury to body or health because of a defect for which FOLDART is responsible or which is due to FOLDART’s intentional or grossly negligent conduct or that of its vicarious agents.
(4) If defects exist and were asserted in a timely manner, FOLDART is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the legal provisions apply.
§ 7 INFORMATION OBLIGATIONS FOR LOSS OR DAMAGE OCCURRING DURING TRANSPORT
If goods are delivered with visible damages to the package or the contents, then the customer shall report this immediately, without prejudicing his warranty rights (§ 7), to the freight forwarder/freight company and immediately contact FOLDART by e-mail or in another manner (fax/post) to protect any rights against the freight forwarder/freight company.
§ 8 EXCLUSION OF LIABILITY
(1) Beyond the liability for material and legal defects, FOLDART has unlimited liability if the cause of the damages is due to FOLDART’s intentional or grossly negligent conduct. FOLDART is also liable in the event of a negligent breach of material obligations (obligations where the breach jeopardises achievement of the purpose of the contract) as well as the breach of cardinal obligations (obligations whose fulfilment enables the proper implementation of the contract and whose observance is regularly trusted by the customer), however, only for the foreseeable damage typical of the contract in the case in point. FOLDART is not liable for the negligent breach of other than the abovementioned obligations.
(2) The liability limitations of the above paragraph do not apply to injury to life, body and health, to a defect after assumption of a guarantee for the quality of the contractual product and to fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(3) If FOLDART’s liability is excluded or limited, then this also applies to the personal liability of its employees, representatives and vicarious agents.
You have the right, without stating the reasons, to withdraw from this contract within fourteen days.
The cancellation period is fourteen days from the date on which you or a third party designated by you, who is not the carrier, took possession of the goods.
In order to exercise your right to cancel, you must inform us, FOLDART GmbH, Rosenheimer Strasse 72, 83059 Kolbermoor, firstname.lastname@example.org by means of a
clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract.
You may use the enclosed sample cancellation form, which, however, is not required.
You may also fill out the sample cancellation form or another clear statement electronically on our website at: www.foldart.de and send it.
Use this option; then we will send you confirmation of the receipt of the cancellation at once (e.g. by e-mail).
To ensure the cancellation period, it is sufficient that you send the notice about the exercise of the cancellation right before the expiry of the cancellation period.
You will bear the direct costs for the return.
CONSEQUENCES OF CANCELLATION
If you withdraw from this contract, we shall reimburse all payments received from you including the delivery costs
(with the exception of the additional costs incurred by selecting another type of delivery than the one we offer, the most inexpensive
standard delivery), immediately and within fourteen days from the date on which we received your notice to withdraw from this contract. We will use the same payment method for the refund that you used for the original transaction, unless explicitly agreed otherwise. In any event, you will not be charged any fees for this refund.
We may withhold reimbursement until the goods have been returned to us or until you have provided proof that you have sent back the goods, depending on whichever date is earliest.
You shall return or transfer the goods to us immediately and, in any event, within fourteen days at the latest from the date on which you notified us of the cancellation of this contract. The deadline shall be deemed to have been observed if you send the goods before expiry of the fourteen-day period. You will bear the direct costs for the return of the goods.
You must only pay for any loss in the value of the goods if this loss in value is attributed to handling other than what is necessary to check the condition, properties and functioning of the goods.
If you wish to withdraw from the contract, please fill out this form and return it to us.
Simply send it online or to FOLDART GmbH, Rosenheimer Strasse 72, 83059 Kolbenmoor, email@example.com
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