FRAAS - Terms and Conditions

for purchases made in the onlineshop under www.fraas.com

Jammers & Leufgen GmbH & Co. KG
- Finest Accessories -
Gietherstraße 2-6
47877 Willich-Anrath
Germany

Postfach 1284
47860 Willich-Anrath
Germany

phone: +49 (0) 21 56/91 86-0
fax: +49 (0) 21 56/41 08-0
e-mail: info@fraas.com

Company registered in: 47877 Willich
Register Amtsgericht: Krefeld
No. of Commercial Register HRA 128
PhG: Jammers & Leufgen Verwaltungsgesellschaft mbH
Company registered in: 47877 Willich
Register Amtsgericht: Krefeld
No. of Commercial Register HRB 602
VAT Identification No. DE119117228

Company executives: Dr. Robert Schmidt, Andreas Schmidt

§ 1 General terms, applicability of the terms and conditions

1.1 All deliveries and services provided by FRAAS are carried out exclusively on the basis of the following Terms and Conditions in the version currently valid at the time the order is placed.

1.2 Business customers referred to in the Terms and Conditions are defined as either natural or legal persons or legally responsible personal companies that are exercising their commercial or freelance business activities.

1.3 Consumers referred to in the Terms and Conditions are natural persons who make a contractual agreement with FRAAS for purposes which can not be considered a part of either their professional or commercial activities.

1.4 Customers referred to in the Terms and Conditions may be either consumers or business customers.

1.5 Informal agreements are non-existent.

§ 2 Confirmation of the purchase contract, ordering process

2.1 The contract is valid only upon transmission of an order confirmation to you by e-mail.

2.2 With your order you make a binding offer to FRAAS to conclude a contract with you. When you have made your product selection you may place your selection without incurring any obligation into the shopping basket by clicking on the button "add to basket". You may view the contents of the shopping basket at any time without incurring any obligation by clicking on the button "X articles in basket". The products may be removed from the shopping basket at any time by clicking on the button "delete". When you are ready to purchase the articles in the shopping basket click on the button "go to cash point". The ordering process comprises four steps. In the first step "login" you may establish a customer account and enter your customer data, or you may continue the purchase process without establishing a customer account. In the second step enter your address in the area designated for this purpose. Should the invoice and delivery addresses differ, you may indicate this here. In the third step indicate your method of payment. In the last step "check & order" you will have the opportunity to check your ordering information for accuracy. At this time you may correct any data entry errors by changing the invoice address, delivery address and the method of payment and either delete or change the quantity of articles. You will have completed the order when you activate the button on the order form "send order" which will send the order to us. Then you will next receive a confirmation that we have received your order. Upon receipt of a subsequent order confirmation which you should receive within 48 hours of the time you have sent your order FRAAS will be able to accept your offer (order) as a binding contract.

2.3 The contract for orders placed in the FRAAS-Onlineshop is concluded with:

Jammers & Leufgen GmbH & Co. KG
Gietherstraße 2-6
47877 Willich-Anrath
Germany

phone: +49 (0) 21 56/91 86-0
fax: +49 (0) 21 56/41 08-0
e-mail: info@fraas.com
internet: www.fraas.com

represented by the company executives Dr. Robert Schmidt, Andreas Schmidt
Company registered in: 47877 Willich
Register: Amtsgericht Krefeld
No. of Commercial Register: HRA 128,
PhG: Jammers & Leufgen Verwaltungsgesellschaft mbH,
Company registered in: 47877 Willich
Register: Amtsgericht Krefeld
No. of commercial register: HRB 602
VAT Identification No. DE119117228

§ 3 Recording the text of the purchase contract

3.1 Your order and the ordering data have entered will be recorded by FRAAS. We will send you an order confirmation with all entered data to the e-mail you indicated when you placed your order. In the course of making the order, you will have the opportunity to print out your order as well as the Terms and Conditions.

3.2 Further, you may establish a customer account when placing your initial order to the FRAAS Onlineshop: Your order and the order information you enter will be recorded in your personal customer account. Using the log-in data which you determine when you first register you will always have access to your customer account and have the opportunity to print out your order with all pertinent data.

§ 4 Right of cancellation of order and return policy

Statement of right of cancellation

You may cancel your intention of contract in writing (letter, fax, e-mail) within two weeks without naming grounds – or – should the goods have been delivered within this time – by returning the delivered goods. The deadline for cancellation begins after receipt of this statement in writing. Return of the goods or sending your intention of cancellation within the allotted time period suffices to comply with this condition.
Address cancellations to:

Jammers & Leufgen GmbH & Co. KG,
Gietherstraße 2-6,
47877 Willich-Anrath,
Germany

fax: +49 (0) 21 56/41 08-0
e-mail: info@fraas.com
internet: www.fraas.com

Consequences of cancellation

In the case of a valid cancellation both parties will restore to the other the delivered products and services and reimburse the usage thereof (i.e. interest) where applicable. If you cannot restore the delivered goods and services in whole or part, or only in a condition of reduced value, then you must reimburse us for this amount. This does not apply to delivered goods for which the reduction in value of the goods can only be determined by inspection as would be possible for you at the point of sale. In addition you can avoid the obligation to reimburse the value reduced as a result of proper use of the product if you do not treat the product as your own property and desist from all use that could affect the value of the product. Products which are appropriate for parcel shipment may be returned at our risk. You must assume the cost of return shipment if the delivered goods correspond to the ordered goods and if the value of the returned goods does not exceed the amount of 40 euros, or when valued higher, you have not already made payment or a partial payment as agreed by contract. Otherwise the return shipment is free of charge to you. Products not appropriate for parcel shipment will be gathered from you premises. Obligations for payment must be fulfilled within 30 days. The deadline for you begins at the time you send your intention of cancellation or make return shipment, for us, at the time we receive the same.

End of Statement of right of cancellation

§ 5 Proprietary rights

Until they have been completely paid for, the delivered goods remain the property of FRAAS. Before the property rights have been transferred it is not allowed to use the goods as collateral, to put them up for pawn or to alter or further process in any way without our expressed permission.

§ 6 Prices and shipping costs

6.1 All prices include the value added tax required by law but exclude shipping costs.

6.2 Shipping costs are calculated on a flat-rate baisis

Standard shipping within Germany (shipping time within three working days): 3 euros
(free shipping for purchases in excess of 60 euros)
To the countries of Austria, France, Belgium, Luxembourg and the Netherlands (shipping time five days ex-factory): 8 euros
To all other countries (shipping time five days ex-factory): 20 euros

6.3 No shipments will be made to countries blacklisted according to the Euroconex Trade Embargo.

6.4 For shipments to foreign countries customs fees may apply which will be collected from you directly by the respective customs authorities. For shipments to non-EU countries we will declare the shipment with indication of the value and content of the shipment. All applicable customs fees and import duties are the responsibility of the receiver. The customer is to observe his national import regulations for all products. We assume no responsibility for the conformity of our products with national rules and regulations outside the EU.

§ 7 Terms of delivery

7.1 All goods will be shipped by parcel service.

7.2 The shipping time within Germany is three working days from date of receiving payment unless otherwise stated in the offer. The shipping time to other countries is five days from the date of receiving payment.

7.3 Should all goods not be in stock, we reserve the right to make partial shipments at our expense in as much as this is acceptable for you.

7.4 Should the receiving of a delivery of the goods fail after three attempts, we may withdraw from the contract. We will return to you without delay all applicable payments that have already been made.

§ 8 Terms of payment

8.1 Payment may be made by advanced payment with a pre-payment transfer through the internet payment service PayPal © or by credit card. FRAAS reserves the right to exclude particular payment methods.

8.2 Payments become due only after the transmission of an order confirmation by e-mail. If you choose to pay in advance we will provide you with our bank connections in the order confirmation. When paying in advance, transfer of invoiced amount to our account is to occur within five days. When paying by credit card the debit will be booked only after the transmission of the order confirmation to you.

8.3 In the event that FRAAS cannot ship the ordered goods due to the failure of a supplier to FRAAS to fulfil its contractual obligations, then FRAAS has the right to rescind the contract with the customer. In this case, the customer will be informed without delay that the ordered goods are no available. The legal rights of the customer remain valid. Any applicable payments will be returned to the customer without delay.

8.4 On overdue payments interest will be charged against the purchase price at a rate of 5% above the base interest rate if the purchaser is a consumer. If the purchaser is a business customer, interest will be charged at a rate of 8% above the base interest rate on the overdue amount of the purchase price.

8.5 Adjustments to payment may be made only if your claim has been ruled legally valid by the court, are not contested or have been acknowledged by us in writing.

8.6 The right of retention is applicable only if the claim results from the same contractual instance:

§ 9 Product guarantee

Shortcomings and defects on the delivered goods and services are covered by legal regulations.

§ 10 Privacy statement

10.1 Personal data

Personal data is all information that refers to your identity: name, street and postal address, delivery address, telephone number and e-mail address.

We record your personal data only in as much as this is necessary to process your order or in as much as you have given your consent, for instance when you set up a customer account. With the exception of shipping companies or payment agencies, we will not share your personal data with any third parties.

10.2 Anonymus data

When you visit our offer we may record on our server information concerning your access to our web site (date, time, sites viewed). These data are not considered personal as they have been rendered anonymous. These data will be used strictly for statistical purposes.

10.3 Use of Cookies

Some sites require the use of cookies without our being able to inform you in advance. Most browsers are set automatically to accept cookies. You may however deactivate the recording of cookies or set your browser to inform you as soon as a cookie is sent. The recorded information will be deleted as soon as you leave our website.

10.4 Information

You have the right to receive free-of-charge information concerning recorded data about you as well as the right to request correction, blocking or deletion of such data. Address all questions regarding gathering, processing or use of you personal data, requests for information, requests for correction, blocking or deletion of data to: E-Mail Link mit Spamschutz

§ 11 Applicable law, venue of execution

11.1 German law applies to the exclusion of UN sales law.

11.2 This legal variant applies to customers who make a contract that cannot be considered professional or commercial (consumers) only when compulsory requirements of the laws of the state in which they have their usual abode do not exclude this.

11.3 The court with jurisdiction for the main office in 47877 Willich-Anrath is responsible for all disputes arising from this contractual situation when the customer is a businessman, a juridical person of public law, or a special fund under public law.

§ 12 Miscellaneous

Should one or more of the provisions set forth in these Terms and Conditions prove invalid, then the contract remains valid in all other points. In as much as the provisions are invalid, the content of the contract will be regulated according to the requirements of law.

Status 28.11.2008