general terms and conditions
General terms and conditions for the use of the website and the internet shop at wwww.frilich.de and for the processing of purchases via this internet shop.
§ 1 scope and contractual partner
(1) Your contractual partner is the company
Frilich GmbH (hereinafter only: Frilich)
www.frilich.de (hereinafter also shortened “website”)
Managing Directors: Stefan Gömmer, Michael Gömmer
Commercial register: Giessen district court
Commercial register number: HRB 1420
VAT ID number. DE 112 608 364
(2) These terms and conditions apply exclusively to the conclusion of contracts with customers from Germany.
(3) These general terms and conditions will be sent to you after the contract is concluded. As a precaution, please save them yourself by printing them out using the print function of your browser. You can download this document as a PDF and save it on your computer. To open a PDF file you need the Adobe Reader program, which is available for download free of charge from the Internet (www.adobe.de).
(4) Your contract and order data as well as the contract text will be saved by us, direct access is not possible for security reasons. Please also note our data protection declaration.
(5) As part of the ordering process, you have the option of recognizing and correcting input errors before submitting the contract declaration before clicking on the "Order with payment" button.
(6) Only products are sold through our internet shop. The customer is responsible for where and how the product is installed and whether it corresponds to its possible use.
§ 2 your registration
(1) You can make the purchase as a guest without registration and as a registered customer.
(2) Registration is only permitted with unlimited legal capacity, natural persons and partnerships as well as legal entities.
(3) When filling in the buyer information, truthful, accurate, current and complete information on the data requested in the registration forms must be provided. In the case of untrustworthy or incorrect information, we reserve the right to refuse the purchase, to withdraw from the purchase or to make the purchase dependent on the provision of further data.
§ 3 conclusion of contract
(1) The presentation of the goods in the internet shop does not constitute a binding offer from Frilich to conclude a purchase contract. The customer is thereby only asked to submit an offer by placing an order.
(2) By submitting the order in the internet shop, the customer makes a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart.
(3) Frilich confirms the customer's order by sending a confirmation email. This does not constitute confirmation of the conclusion of a contract.
(4) After checking the order and the transmitted data, we will send you a declaration of acceptance (order confirmation) and / or inform you that the goods are being prepared for dispatch. This concludes the contract with legal effect.
§ 4 prices, payment, collection on site, due date and delay
(1) All prices are in euros (€) excluding VAT, plus the corresponding packaging and shipping costs, as shown on our website. The prices at the time of the order apply.
(2) Orders of larger quantities and special orders are possible. Prices, delivery times and terms of payment are based on an individual agreement.
(3) The purchase price is due upon conclusion of the contract.
(4) Payments are possible via the payment services specified on our website. No other payment methods are accepted. For payment processing via payment provider or credit card, please also note the terms and conditions of the respective service provider.
(5) If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. The invoice amount is to be transferred to our account within 7 days.
(6) In the event of default, we are entitled to demand interest at the rate of 5 percentage points above the respective base rate. For legal transactions in which a consumer is not involved, we reserve the right to interest on claims for payment in the event of default at an interest rate of 8 percentage points above the base rate. We reserve the right to prove and assert higher damage caused by delay, § 288 Para. 3, 4 BGB. We are also entitled to charge € 12.00 for each required reminder plus additional costs arising from the delay in payment. If the reminder is unsuccessful, the recovery of a claim by a collection agency or a lawyer is explicitly reserved.
(7) You are only entitled to offset if your counterclaims have been legally established or are undisputed or have been recognized by us in writing.
(8) You can only exercise a right of retention if the claims result from the same contractual relationship.
(9) If the purchase amount is not received by us within statutory or set periods, we are entitled to withdraw from the purchase contract after a reasonable grace period.
(10) For payment amounts that cannot be redeemed or returned due to an objection, we charge 3% of the invoice amount, but at least EUR 5 as fee and expense allowance.
(11) In order to hedge the credit risk, we must reserve the appropriate credit rating to offer you only certain payment methods for the delivery you requested or to refuse to conclude a contract if the credit rating is missing. In individual cases, we reserve the right to deliver the goods only after receipt of payment.
§ 5 delivery
(1) We dispatch goods in stock within 5 - 8 working days after receiving your payment. Details on the delivery time of any products can be found on the relevant details page of our homepage. When paying in advance, the delivery times apply from the receipt of money in our account. Different delivery times are specified in the article description.
(2) The dispatch takes place depending on the information in the context of the article description or on the sub-page "Delivery conditions". Costs and other conditions apply according to the respective subpage of our internet shop.
(3) For shipping outside of the Federal Republic of Germany and within Europe - provided this is offered according to the internet shop - the same shipping period applies, but the delivery naturally takes a little longer. The buyer has to bear any customs costs. Here, too, reference is made to the details page on the shipping conditions on our homepage.
(4) If you order a product that was (still) unavailable according to the article description or we are not supplied with a product by our suppliers through no fault of our own, we can withdraw from the contract if the procurement of the article would only be possible with disproportionate effort. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or you do not want a comparable product to be delivered, we will immediately refund any consideration already paid. In this case there is also the right to withdraw from the contract.
(5) We are entitled to make partial deliveries or services, provided this does not unreasonably affect the customer's conflicting interests. If there is a partial delivery, we will cover the additional shipping costs.
(6) After consultation, the goods can be picked up on site.
(7) The delivery time is extended appropriately if the delivery is impaired by force majeure. Force majeure are in particular the same, subsequent material procurement difficulties, riot, strike, lockout, operational disruption, fire, natural disasters, transport hindrance, changes in legal provisions, official measures or ordinances or the occurrence of other unforeseeable events that are beyond our will and not objectively have been culpably brought about by us. If one of the above cases occurs, we will inform you immediately. If the obstacle to performance persists in the aforementioned cases for more than four weeks, you are entitled to withdraw from the contract. In this case there are no further claims, in particular for damages. This does not apply insofar as in cases of intent or gross negligence, assurances or if essential contractual obligations are violated through simple negligence or if foreseeable damage typical for the contract is legally liable.
§ 6 right of withdrawal
Consumers have a statutory right of withdrawal.
Consumers can revoke their contractual declaration in accordance with the following regulation. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
Note from the provider: Please note that we have created the following cancellation policy based on the sample text of the Federal Ministry of Justice. In our opinion, however, this text is not clear, since according to § 187 Paragraph 1 BGB the day of the conclusion of the contract or the day of taking possession of the object of purchase does not count towards the deadline. The cancellation period therefore correctly ends only 14 days after the contract is concluded or taken into possession.
We would also like to ask you to note that in the event that you do not receive this cancellation policy upon conclusion of the contract, the period also begins to run later, i.e. upon receipt of this instruction.
Please note this in the following instruction; we will take this into account for you in any case when calculating the deadline.