General Terms and Conditions of Fly Fishing Nation Pro Shop GmbH
§ 1 General
(1) The following General Terms and Conditions (hereinafter referred to as „GTC“) apply to everything between Fly Fishing Nation Pro Shop GmbH, Auf dem Berlich 30, D-50667 Köln, Germany, Tel. +49 (0)221 4234-3202, e-mail: firstname.lastname@example.org (hereinafter also named as „Supplier“, „Seller“, „We“ or „Us“) and the customer (hereinafter also named as „Buyer“,„You“ or „Customer“) by means of distance selling via our online shop „ffnproshop.com“ and by telephone, in writing or by e-mail concluded contracts and will be recognized by you with the sending of your order from you as binding. By sending the order you insure to be of legal age.
(2) We do not acknowledge or accept opposing or deviating conditions of the customer from these general terms and conditions and expressly contradict and exclude this. Deviating general terms and conditions of the customer, supplementary agreements and / or side agreements are only valid if we expressly agree in writing. The legal provisions on the primacy of the individual agreement remain unaffected.
(3) These Terms and Conditions sometimes contain different regulations for consumers and entrepreneurs.
(4) In accordance with §13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that can be attributed to neither his commercial nor his independent professional activity.
(5) According to §14 BGB, the entrepreneur is a natural or legal person or a legal partnership, which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
(6) Contract language is German.
(7) In case of doubts the german General Terms and Conditions (called Allgemeine Geschäftsbedingungen „AGB“) prevail.
§ 2 Offer and conclusion of contract
(1) The presentation of the goods and services in our internet shop does not constitute a legally binding contract offer on our part. It is rather the request for placing an order by the customer. By ordering the desired goods or services via the ordering system, the customer makes a binding offer for him to conclude a purchase or service contract. The customer can also submit a corresponding offer by telephone, in writing by letter or by e-mail.
(2) For orders via our online shop, the following rules apply: The customer makes a binding contract offer by successfully completing the order process provided in our online shop.
(3) The order is to be made in the following steps:
(a) Selection of the desired product or service
(b) Confirmation by clicking on the button „Order“
(c) Checking the details in the shopping cart
(d) Clicking the button „Checkout“
(e) Register in the online shop and insert registration details (address data, e-mail address and password) or order as a guest with input of the registration data (address data, e-mail address).
(f) Select shipping options and payment method
(g) Complete overview of the order with possibility of repeated checking or correction of the entered data.
(h) Click on the button „Place order“
(4) Before submission of the order, the customer has the option to return to the page used to record the customer information by pressing the „back“ button located in the internet browser he is using after checking his data details. Any input errors can now be corrected or the order process can be aborted by closing the internet browser. We will confirm the receipt of the order directly by an automatically generated e-mail. This e-mail does not lead to the binding acceptance of the order yet and does not constitute a conclusion of the contract.
(5) Subsequentely we will send an automatic confirmation of receipt by e-mail to the customer, in which the customers order is listed again and which the customer can print out via the „Print“ function. The automatic acknowledgement of receipt only documents that the customer`s order has been reiceived by us and does not constitute acceptance of the request. The contract is only concluded upon submission of the acceptance declaration from our end, which will be sent with a seperate e-mail (order confirmation). With this order confirmation the contract is finally concluded. The text of the contract is saved whilst maintaining data protection.
(6) Unless you have received an order confirmation or a delivery within 2 working days, you are no longer bound to the order. Any payment already made will be reimbursed in this case.
§ 3 Prices, shipping costs, payment, due date, right of retention
(1) The prices quoted in the online shop represent final prices for the product or the service including the legal value added tax. Any resulting shipping costs are not included in the price. These can be called up by clicking on the link „Shipping Costs“ in the respective offer as well as on the page „Shipping costs“. Prices including applicable VAT and any applicable shipping costs are displayed on the order form before you initiate the order. Please note, that any applicable import fees have to be borne by the customer. For partial deliveries of goods, the shipping costs are incurred only for the first partial delivery, unless the partial delivery is at the express request of the customer. In the latter case we have to charge for every partial delivery seperately.
(2) The customer has the option to pay in advance by bank transfer, PayPal, direct debit, cash on delivery or credit card (VISA, Master Card). For details, please have a look under „Payment methods“.
(3) In the event of default of payment by the customer, the statutory provisions on delay apply. According to §288 BGB, the interest rate to be charged to a consumer is 5% points above the base interest rate per year and to an entrepreneur 9% points above the base interest rate per annum.
(4) The customer shall only be entitled to offsett rights if they are not counterclaims resulting from the same contractual relationship, if their counterclaims have been legally established, are undisputed or have been acknowledged by the seller.
(5) If the customer is an entrepreneur, he is not entitled to rights of retention, as far as it is not a counterclaim from the same contractual relationship, if his asserted counterclaims are disputed by us and they are not legally established or ready for decision.
§ 4 Delivery
(1) The availability of the individual articles, including the number, can be seen on our website. Available items are usually ready to be shipped immediately. The delivery takes place immediately after receipt of payment, but at latest within 5 working days after receipt of payment. In the unlikely event of wrong availability information or for goods not in stock, the delivery time may be up to four weeks after receipt of the order.
(2) Partial deliveries may be carried out, unless this is clearly contrary to the interests of the customer. Shipping and packing costs will be charged only once in such a case.
(3) If, contrary to expectations, a product ordered by the customer is not available for a reason beyond the control of the supplier, the customer will be informed immediately and, in the event of withdrawel, any payments already made by the customer will be reimbursed immediately.
(4) Insofar as the customer is a consumer, the seller bears the shipping risk in any case, regardless of the shipping methods, unless the customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, without that we have previously named this person or institution.
(5) If the customer is an entrepreneur, all risks and dangers of shipping pass to the customer as soon as the goods have been handed over by us to the commissioned logistic partner
§ 5 Retention of title
(1) The following applies to the delivery of goods: Until full payment of the purchase price, the delivered goods remain our property.
(2) For customers who are entrepreneurs, the following applies:
(a) The supplier retains ownership of the goods (goods subject to retention of title) until receipt of all payments from the business relationship with the buyer.
(b) If the buyer does not comply with his payment obligation despite a reminder with a deadline, the seller may demand the surrender of the retained goods still in his possesion without further notice being given in advance. The buyer is responsible for all applicable freight costs. The return of the reserved goods by the seller is always a withdrawal from the contract. The seller is authorized to recycle the goods subject to retention of title. The proceeding of the sale shall be credited against the liabilities of the purchaser minus reasonable realization costs.
(c) The buyer shall immediately inform the supplier in writing of all access by third parties, in particular of enforcement measures as well as other encumbrances of his property. The buyer shall reimburse the supplier for all damages and costs incurred as a result of a breach of his obligation and of necessary intervention measures against access by third parties, in particular a claim according to § 771 ZPO.
(d) The buyer is entitled to resell the reserved goods in the normal course of business. However, the buyer assigns to the supplier the claims according to the final invoice amount (including value added tax) agreed with him, which accrue to him from the resale of the reserved goods against his customers or other third parties; this assignment applies irrespective of whether the purchased item has been resold without or after processing. The buyer remains authorized to collect the claim even after assignment. The supplier`s power to collect the claim itself remains unaffected. However, the seller will not exercise this power as long as the buyer meets his payment obligations. As soon as the customer is in default of payment or has filed a petition to open insolvency proceedings or suspension of payments, the supplier may demand that he shall be notified of all assigned claims and their debtors; the debtores are informed of the assignment by the buyer and the buyer submits to him all documents and information required for collection and enforcement.
(e) The processing or transformation of the purchased item by the buyer is always carried out for the supplier. If the purchased item is processed with other objects not belonging to the supplier, the supplier acquires co-ownership of the new item in proportion of the value of the purchased item (final invoice amount including VAT) to the other processed items at the time of processing. Incidentally, the same applies to the product resulting from processing as to the purchased object delivered under reservation.
(f) If the purchased item is inseparably mixed with other items not belonging to the supplier, he acquires co-ownership of the new item in the proportion of the value of the purchased item (final invoice amount including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the item of the buyer is to be considered as the main item, it shall be deemed agreed that the buyer assigns proportional co-ownership to the supplier. The buyer keeps the resulting sole ownership or co-ownership for the supplier.
(g) The buyer assigns to the supplier also the claims for securing claims of the supplier against the buyer, which accure by the connection of the purchased item with a piece of land against a third party.
(h) The supplier undertakes to release the securities to which he is entitled at the request of the customer to the extent that the realizable value of his securities exceeds the claims to be secured by more than 10%. The choice of securities to be released is incumbent upon the supplier.
§ 6 Revocation rights for consumers
(1) Consumer according to § 13 BGB (German Civil Code) have at the conclusion of a distance selling business basically a statutory right of withdrawal, the configuration of which depends on whether it is a contract for the sale of goods or the ordering of services. We inform below about the respective right of withdrawal in accordance to the legal stipulations.
(2) in the case of delivery of goods, the following cancellation policy applies:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform,
Fly Fishing Nation Pro Shop GmbH
Auf dem Berlich 30
D-50667 Köln / Germany
Telephone: +49 (0)221 4234-3202
by means of a clear written statement (for example, by letter sent by post or by e-mail) about your decision to withdraw from the contract. You can use the attached model withdrawal form, however, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this agreement, and all payments including delivery charges (except for additional costs arising out from choosing a different delivery method than the most favourable standard delivery we offer) have been received from you, we have to reimburse you immediately, at latest within fourteen days from the date on which the notification of your revocation tot he contract has reached us. Fort he repayment, we will use the same means of payment as you have used during original transaction, unless expressly otherwise agreed with you. In no case you will be charged with repayment fees from our end. However, 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 earlier.
You have to return the goods to us immediately and in any case not later than fourteen days from the date on which you have informed us about the cancellation of your order. The deadline is met if you send the goods before the deadline of fourteen days. You have to bear the immediate costs (shipping fees) of returning the goods. You only have to pay for a possible loss in value of the goods if this loss of value is due to a handling that is under normal circumstances not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocation
(3) Im The model withdrawal form is shown below:
(If you want to cancel the contract, please fill in this form and send it back to us.)
Fly Fishing Nation Pro Shop GmbH
Auf dem Berlich 30
Telephone: +49 (0)221 4234-3202
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) /received on (*)
Name of the customer (*)
Address of the customer (*)
Signature of the customer (*) (only when notified on paper)
(*) insert as appropriate.
(5) The right of withdrawal does not apply to:
(a) Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer,
(b) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
(c) Contracts for the supply of goods, if, by reason of their nature, they have been inseparably mixed with other goods after delivery,
(d) Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 7 Warranty
(1) The following applies to the purchase of goods: With regard to the material defect liability (warranty), the statutory provisions apply. The buyer is entitled to a legal defect liability. If a voluntary guarantee is granted for goods on the part of the manufacturer / supplier, this will be notified seperately.
(2) We exercise the utmost care in the preparation of the offer at ffnproshop.com. Errors and changes with regard to the accuracy of manufacturer information, product or service descriptions and price information as well as printing errors, technical changes and read errors caused by caching are reserved.
(3) In the case of contracts with entrepreneurs or legal persons under public law, the following applies when purchasing goods:
(a) The material defects become statute-barred 12 months after the transfer of risk.
(b) Obvious defects shall be reported by the buyer within 14 days, otherwise they shall be deemed as approved. Shortages are to be reported within 4 days.
(c) If the transaction is a trading transaction for both sides, the buyer has by derogation from section (b) to comply with the obligations of § 377 HGB, that is to examine the goods immediately after delivery by the supplier, as far as this is practicable in the ordinary course of business, and, if a defect or a shortfall will be recognized, to notify the supplier immediately. When the notification is omitted or delayed, the supply is to be considered as approved by the buyer. Hidden defects are to be reported immediately after their discovery, otherwise this will be deemed to be a case of a failure to report.
(d) In the case of a defect of the purchased item, the supplier is entitled to choose between supplementary performance in the form of rectification or delivery of a defect-free item. The buyer must allow for a reasonable period of time to the supplier, varying according to the actual circumstances of the individual case, but not less than 7 days, for subsequent performance. The supplier have to bear the expenses required for the purpose of supplementary performance, in particular tarnsport, travel, labor and material costs. In the case of subsequent performance, the supplier bears the expenses only up to the amount of the purchase price.
(e) If the repair according to §440 BGB (German Civil Code) fails, the buyer can cease to choose at his option withdrawal or price reduction.
(f) In case of notice of defects, the buyer may withhold payments only if a defect is claimed, the justification of which is beyond dispute, or if the complaint is undisputed or if its entitlement is legally established. If the complaint is wrongly made, the supplier is entitled to demand compensation for expenses incurred by the buyer.
(g) Further claims of the buyer, in particular due to consequential damages are expressly excluded.
(h) Liability under the Product Liability Act remains unaffected.
(i) The statutory limitation period in the context of a delivery recourse according to §§ 478, 479 BGB (German Civil Code) remains unaffected.
§ 8 Liability
(1) Claims of the customer for damages are expressly excluded. This does not apply to claims for damages of the customer resulting from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on gross negligence or wilful misconduct resulting from a breach of duties by us, our legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the supplier, if claims are asserted directly to them.
(4) The provisions of the Product Liability Act remain unaffected.
(5) We are not liable for the permanent or inerrupted availability of our website, as data communication over the internet can not be guaranteed error-free and / or uninterrupted in accordance with the current state of the art.
§ 9 Contract language
The contract language is exclusively German as agreed.
§ 10 Choice of law, place of performance and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationship between the supplier and the customer as well as to the respective terms and conditions. If the customer is a consumer, the current statutory regulations and rights under the law of the customer`s country of residence in favour of the consumer remain unaffected by this agreement. The application of UN Sales Law is expressly excluded.
(2) The exclusive place of jurisdiction is the court of the place of business of the supplier insofar as the customer is a merchant within the meaning of the HGB or a corporation under public law.
(3) Should individual provisions of this contract be wholly or partially not legally effective or lose their legal validity later, the validity of the rest of the contract is not affected. The invalid provision shall be replaced by statutory provision.
(4) In case of doubts regarding these General Terms and Conditions, the german version of the AGB prevail.
Status: 6th November, 2017