Terms & Conditions

General terms and conditions of business of Frankfurter Brett GmbH

 § 1 Scope of application of these terms and conditions

 

  1. These general terms and conditions of business (hereinafter referred to as GTC) in the version valid at the time of ordering shall apply to the purchase of all goods offered by Frankfurter Brett GmbH (hereinafter referred to as „Frankfurter Brett“ or „we“) via its web shop www.frankfurter-brett.de/en , www.frankfurter-brett.com or with another app or website connected to one of them. They also become part of the contract, when we confirm an individually negotiated bulk order per email.
  2. These GTC apply exclusively. Confliction or deviating terms and conditions of business are expressly contradicted, unless we explicitly and in writing agree to their validity in individual cases.

 

§ 2  Products

 

  1. We offer different types of products: those designed entirely by us and manufactured for us, partly individualized by content added by you (hereinafter "personalized products") and hand-picked products that we offer for sale to you as resellers of other manufacturers.
  2. For selected own products we allow personalization (usually by engraving). We reserve the right to refuse personalization requests that:
    a. Finfringe third party copyrights, personal rights of third parties, are unlawful or violate morals and customs
    b. are, at our discretion, incompatible with our products.
  3. If we refuse personalization, we may refuse to conclude the contract. In this case, you are welcome to contact our customer service so that we can come to an amicable solution.
  4. We disclaim any liability and responsibility for personalizations that prove to be illegal or trigger private claims for damages. In case of doubt, you are liable as the client/author of the personalization.
  5. The right of withdrawal for consumers does not apply to personalized products

 

§ 3   Order, availabilities, contract

 

  1. You must be at least 16 years old to conclude a contract with us. The purchase through our web store with commercial resale intent is excluded. You guarantee that the information you provide with the intention to buy is correct and complete. A registration is not mandatory for an order, but the creation of a customer account is welcome.
  2. Not every product in our webshop is available indefinitely. The product range in our webshop is therefore subject to change and non-binding. A product shown may be temporarily unavailable or no longer available, but as a rule the webshop reflects stock availability.
  3. By sending your order, you submit a binding offer to conclude a purchase contract.
  4. We will confirm receipt of your order immediately by e-mail ("order confirmation"). This order confirmation does not represent an acceptance of your offer, but only serves to inform you about the receipt of your order.
  5. We will process your order immediately, at the latest within 72 hours.
  6. We reserve the right to refuse your order in whole or in part for the following reasons:
    a. The/a product is no longer (sufficiently) available.
    b. We do not receive authorization for your payment.
    c. There are restrictions on shipping the product(s) to you.
    d. The online representation of the product has (obvious) errors, e.g. significantly wrong price or wrong product description.
    e. Technical processing of your order is not possible.
    f. We know or reasonably believe that the order was initiated with the assistance or involvement of software, robots, web crawlers, web spiders or other automated means or devices.
    In such event, we will cancel the order in whole or in part without liability to you or any third party. We will, of course, refund the amount already paid by you in respect of the cancelled order to the extent of the cancellation.
  7. The contract is concluded either by shipment of the products ordered by you or explicit written acceptance of your order. We reserve the right to withdraw from the contract for the reasons stated in §4 6. a.-f. We will immediately refund the amount you have already paid to us with regard to the items affected by the withdrawal.
  8. The contract text and in particular the input mask that you see during your order, as well as the products selected by you and data entered there will not be saved in the form displayed and can no longer be retrieved after completion of the ordering process. At the end of the ordering process, you can print or save the overview of your order data, for example, by printing it using the print function of your browser or saving it using its save function. Furthermore, the data relevant for the order processing will be saved and communicated to you in the order receipt confirmation by email. You can print this out via your email program.

 

§ 4    Prices and shipping costs

 

  1. The prices listed in our webshop at the time of the ordering are valid. Special deals and reduced prices may be limited or ended by us any time.
  2. The prices stated are final prices, i.e. they include the applicable statutory sales tax and all other price components. Shipping costs and sales tax depend on your information about the place of delivery and whether you order as a consumer or for a company. You can view shipping costs in advance via the INFORMATION section under the keyword shipping & delivery times.
  3. Please note that if you ship to a non-EU country, there will be additional costs for import duties and taxes. For detailed information, please contact the customs office of your country. These fees are not included in the product price or shipping charges and are due upon acceptance of delivery. To take care of these fees is the responsibility of the recipient you specify. We only charge the transportation fee for the package(s).
  4. Should you wish a subsequent refund oft he German VAT, please send us all the necessary documents in the original. Please note that we charge a fee of “ 12.50 for the execution and refund.

 

§ 5          Cash and cash equivalents

 

  1. Basically we offer the following payment methods: Prepayment via bank transfer, Paypal (also credit card via Paypal and direct debit via Paypal) or on account via Klarna.
  2. For each order we reserve the right not to offer certain payment methods and to refer to other payment methods. The payment methods available to you in individual cases are displayed at the end of the ordering process.
  3. In case of payments from foreign accounts, you shall bear the costs, if any, of the cross-border money transaction.
  4. When paying per Paypal an prepayment, the payment is initiated by you, so you decide on the timing.

 

§ 6          Delivery

 

  1. We deliver to customers worldwide.
  2. You can find information about the delivery time per receiving country in the INFORMATION section under the keyword Shipping & delivery times.
  3. The delivery time shall be extended by a reasonable period in the event of force majeure. Force majeure shall include strikes, lockouts, official interventions, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, for example due to fire or water, and all other hindrances which, viewed objectively, were not culpably caused by us. If the impediment to performance in the aforementioned cases lasts longer than four weeks (in relation to the originally promised delivery times), you shall be entitled to withdraw from the contract.
  4. We will arrange the delivery of the products available through us immediately after processing your order or within the contractually agreed delivery time. In the case of orders against advance payment, the products will only be shipped after receipt of payment or the contractually agreed delivery time begins. If the products or individual parts of the products are sold out upon receipt of payment and must be reordered, we will inform you of this and of the expected delivery date.
  5. We are entitled to split your order into several deliveries, provided that this is reasonable for you. We will bear any additional shipping costs caused by this.
  6. We use the following delivery partners: DHL & UPS.
  7. If you are an entrepreneur, the risk of loss or damage to the goods passes to you as soon as the shipment has been handed over to the person performing the transport.

 

§ 7          Right of retention and reservation of title

 

  1. You shall only be entitled to a right of retention insofar as the underlying claim arises from the same contractual relationship.
  2. The delivered goods remain our property until full payment. You are not legally entitled to the sale, disposal or encumbrance until ownership has passed to you in full.
  3. If you are an entrepreneur, we shall additionally expressly retain title to the reserved goods until receipt of all payments arising from the business relationship with you. We are obliged to release these securities at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%, whereby the selection of the securities to be released shall be made by us.

 

§ 8          Right of withdrawal for consumers

 

Consumers have a right of withdrawal according to the following conditions:
    1. As a consumer, you have the right to revoke any purchase contracts concluded with us online within 30 days without stating any reasons. For personalized products you have no right of withdrawal. The revocation period begins from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods belonging to the order.
      To exercise your right of withdrawal, you must inform us (Frankfurter Brett GmbH, Christian Pleß Straße 11 | Haus 11 | 63069 Offenbach | Germany, Tel.: +49 69 273 159 550, Email address: hallo@frankfurter-brett.de) by means of a clear declaration (e.g. a letter sent by post, fax or email or enclosed declaration as part of the product return) in due time of your decision to withdraw from this contract. For this purpose, you can use the model withdrawal form provided on our website, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
    2. If you exercise your right of withdrawal in due form and time, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
      We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
      You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. If you return the goods within Germany, you can request a return label from our customer service.
      You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

 

§ 9   Warranty

 

  1. We expressly draw your attention to the fact that due to the nature of the materials used in products developed by us and manufactured for us, insignificant and reasonable deviations in colour, structure and the dimensions and finishes may exist and are common. This also applies to wood and stain shades and especially to warranty work. Please observe the corresponding care instructions in any case.
  2. When using our products, please make sure that they must be used properly so that they remain usable for a long time. We cannot accept any warranty for damage to our products that occurs due to improper use. This includes failure to follow the care instructions and improper cleaning and storage.
  3. If you are a consumer, the statutory warranty provisions apply without restriction.
  4. If you are an entrepreneur, the following applies to the warranty:
    a. After receipt of the goods you have to examine the delivered goods immediately. Obvious defects must be reported in writing within a period of two weeks after receipt of the goods. In the case of defects that only become apparent later, these must be reported in writing within a period of two weeks from discovery. In each case, timely dispatch of the notification to us shall suffice. In the absence of such notification, the product shall be deemed to have been approved.
    b. LIf there is a defect in the purchased item, we shall provide a warranty in the form of rectification of the defect or replacement delivery at our discretion. If the removal of the defect fails twice, you are entitled to reduce the consideration or - in case of substantial defects - to declare the withdrawal from the contract.
    c. The warranty period for you as an entrepreneur is one year from delivery of the goods, unless the defect was fraudulently concealed by us. In addition, we are liable for damages caused by us, intentionally or grossly negligently culpable injury to life, limb or health.

 

§ 10          Voucher / gift certificates

 

  1. Subject matter: The FRANKFURTER BRETT voucher can be used in accordance with these conditions in the context of purchases on the sites www.frankfurter-brett.de resp. www.frankfurter-brett.de/en . The voucher will be sent to you in the form of a greeting card by mail after receipt of payment. You may pass the voucher on to third parties.
  2. Redeeming the voucher: The voucher can be used for the purchase of products sold via the websites www.frankfurter-brett.de resp. www.frankfurter-brett.de/en . The value of the voucher will be deducted from the invoice amount. The value of the voucher will be added to the invoice amount.
  3. Remaining credit: If the voucher value exceeds the invoice amount, any remaining credit will be retained and can be used by entering the voucher code again. A cash payment of the (remaining) value of the voucher is excluded.
  4. Period of validity: Vouchers must be redeemed no later than the end of the third year after the voucher code is sent; after that they lose their validity.
  5. Liability: You agree to keep the voucher code secret and to communicate it only to the person to whom you wish to give the voucher. Frankfurter Brett GmbH assumes no liability for the loss, theft or misuse or delayed transmission (e.g. due to technical difficulties) of the voucher code.

 

§ 11          KLARNA GTC

 

General Terms and Conditions combined (Germany and Austria) Payment by invoice and financing
    1. In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer invoice purchase and installment purchase as a payment option. Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.
    2. Klarna invoice
      When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account for deliveries to Germany can be found here
      and the complete terms and conditions for purchase on account for deliveries to Austria can be found here.
      The online store charges a fee of 0 Euro per order when purchasing on account with Klarna.
    3. Klarna installment purchase
      With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95) or under the conditions otherwise specified in the checkout. For more information about Klarna Installment Purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, please click here.
      Klarna Installment Purchase is only offered for Germany.
    4. data protection notice
      Klarna checks and evaluates your data and exchanges data with other companies and credit agencies where there is a legitimate interest and reason to do so. Your personal information will be processed in accordance with the applicable data protection regulations and as specified in Klarna's Privacy Policy for
      Germany
      Austria

 

§ 12          Miscellaneous

 

    1. The law of the Federal Republic of Germany shall apply to all legal transactions with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. In the case of contracts for a purpose that cannot be attributed to your professional or commercial activity (contract with consumers), this choice of law shall only apply to the extent that you are not thereby deprived of the protection granted by mandatory legal provisions of the state in which you have your habitual residence.
    2. The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is our registered office.

 

September 2021