Terms & Conditions | FREISCHWIMMER

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Terms & Conditions

TERMS & CONDITIONS


§ 1 Applicability, Contract Language

(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the Freischwimmer Studios GmbH (Bleichstraße 64-66, 60313, Frankfurt am Main, Germany, HRB 1122567, DE342852459) represented by Milad Emami and Julius Linus Körfgen via this online shop.

(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.


§ 2 Applicable Law, Mandatory Consumer Protection Regulations

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

(a) your abode is in Germany, or

(b) your abode is situated in a state not being member of the European Union.

In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.


§ 3 Conclusion of contract

(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.


§ 4 Technical steps up to the conclusion of the contract and correction of input errors

To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.


§ 5 Storage of the contract text

You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.

 

§ 6 Opening a customer account; Processing of your personal data

(1) In our online shop you may order goods or services after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration. For information on the processing of your data, please read our data protection information, which you can find under the following link. During your application for registration, you choose a personal user name and a password.


§ 7 Payment Terms

The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), or via our other payment providers such as Apple Pay. 


§ 8 Retention of Title

The goods shall remain our property until full payment.


§ 9 Delivery Conditions

We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.


§ 10 Right of Withdrawal

As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.


§ 11 Warranty in case of purchasing goods

(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.

(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.

(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.


§ 12 Limitation of Liability

We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.


§ 13 Jurisdiction; Online and Alternative Dispute Resolution; SeverabilityClause

(1) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Frankfurt am Main, Germany.

(2) The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.

Our e-mail address is: service@freischwimmerstudios.com

(3) We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

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