Terms and Conditions
Terms and Conditions of Sale – Online shop
- Scope of application, Protective and counter-protective clause, Customers
You will be asked to expressly agree to these terms of sale before placing an order for products from our website.
(1) All offers, contracts, deliveries and services agreed upon as a result of customers placing an order for products from our online shop at https://www.fritz-reu.de/shop/?lang=en („online shop“ will be construed accordingly) will be suject to these Terms and Conditions.
(2) Ourproduct portfolio is targeted at both private consumers and entrepreneurs or business customers. A private consumer is any natural person entering into a contract for private purposes that cannot be attributed to their professional or commercial activities (e.g. as afree-lancer). (§13 BGB) and an „entreneur“ is any natural or juristic person or entity entering the contract for purposes attributable to their professional and commercial activities (§14 BGB)
(3) Any terms and conditions of our customers are exlcuded even though this might not be stated explicitly in each and every case.
(1) Prices quoted are subject to change/ not binding. (2) Your order for products from our online shop constitutes a contractual offer. We may accept this offer within three days of the order having been placed.
(3) Upon receipt of the order we shall immediately forward an initial acknowledgement that does not constitute an order confirmation. Your order will not become a binding contract until we send off an official order confirmation or the goods having been ordered. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
(4) Every customer may cancel a contract and return goods in accordance with the terms and conditions outlined on our website. When placing an order for engraved products a cancellation is not possible.
- Price and payment
(1) The prices on the website include VAT but do not include any delivery charges. Customs tariffs and similar charges will be paid by the customer
(2) Methods of payment: advance payment, PayPal or by invoice (when ordering products of up to 150,000 euros our details will be included on the invoice)
(3) If payment by invoice has been agreed, the balance is due and payable within 30 working days
(4) Payment is to be made in full unless . . .
(5) The terms of sale do not constitute or contain any assignment or licence of intellectual property rights and do not govern the licensing of works comprised or stored in products.
- Delivery policy
(1) We will use reasonable endeavours to deliver prodcuts within 2 working days of the date stated on your order confirmation. However, we cannot guarantee delivery by the relevant date unless a specific date of dispatch has been agreed.
(2) Delivery will be made within the specified perdiod of time (a) after receipt of full payments of all sums due in respect of the products (including VAT and delivery charges) if payment is made by wire transfer or (2) after the contract comes into effect if payment is made by invoice.
(3) Our contractual obligations have been fulfilled when the products are passed on to the forwarder on the agreed date of dispatch
(4) Even if products are quoted as being “in stock“ on the order form we may discount these items for sale if (a) the order form clearly indicates limited availability of the products or (b) advance payment has been agreed and payment has not been made within 5 working days after our accepting the contract.
In these instances the goods will be dispatched within the agreed or stipulated period of time only as long as the goods are/ remain available.
(5) If a delivery time has not been specified or otherwise agreed on or we are in accordance with paragraph 4 Section 4 no longer obliged to deliver within the specified period, delivery will be made within three weeks of the stated date in accordance with paragraph 1 Section 4.
(6) If our supplier does not deliver goods specified as “out of stock“ or have been sold in accordance with Section 4 in time the delivery time agreed on in accordance with paragraph 4 Section 4 may be extended by a minimum of 3 working days or a maximum of 3 weeks, providing that we are not responsbile/ cannot be held liable for the delay and that the goods have been re-ordered promptly.
(7) If goods cannot be delivered or cannot be delivered in time due to reasons stated in paragraph 6 Section 4 we will notify you immediately. If goods will not become available from our suppliers within a reasonable period of time this contract may be terminated by us. In the event of a termination of contract the customer will be fully reimbursed for all payments having been made. Statutory provisions regarding delivery times are not affected/ exlcuded by the provisions in these Terms and Conditions. A claim to compensation may only be raised in accordance with Section 9 of these Terms and Conditions.
(8) We may make partial deliveries of one order where items are intended for several purposes. Additional shipping costs incurred over and above those that would have resulted from a single shipment will be credited in full by Fritz Reu & Co.KG.
(9) Special limited edtions/ collector’s items maybe be supplied with a quantitative discrepancy of +/ – 5%
- Shipping, Insurance, Transfer of risk
(1) Unless otherwise agreed the shipping method and forwarding company will be chosen according to
(2) We are only obliged to ensure the timely and safe transfer of goods to the forwarder and will not be liable for any delays caused by the forwarder. Delivery times specified by us are thus not binding.
(3) If the customer is a private customer, the products will be at your risk at the time of delivery or attempted delivery. We will not be liable for any . . . Untergang?, accidental loss or accidental damage. In all other instances the products will be at your risk at the time of the delivery of the goods to the forwarder.
(4) We shall untertake reasonable endeavours to insure the goods against usual transport risks at our costs.
(1) Ownership will only pass on to you upon receipt of full payments of all sums due in respect of the products (including VAT and delivery charges)
(2) Until ownership has been passed on to you the customer may not sell any goods without our prior written consent.
- Product warranties/ Returns, refunds, replacements
(1) If a product is defective/ lacks conformity the customer may request supplementary performance by the seller (reworking or repair) to restore the product to conformity or replacement of the product. If our customer is an entrepreneur we may determine whether to rework, repair or replace the product by sending off a written notice (also via fax or email) to our customer within 3 working days after receiving notice of non-conformity from the customer. We are not obliged to comply with the customer’s request for supplementary performance or remedies if the costs to meet these demands are unreasonably high.
(2) If the supplementary performance or remedies in accordance with paragraph 1 Section 7 fails or is deemed undue or unacceptable the customer in accordance with statutory provisions applicable may terminate the contract/ have the contract rescinded, request a reduction in purchase price, compensation or remuneration for any expenses incurred in vain.
A claim to compensation by the customer is also affected by the provisions in Section 8 of these Terms and Conditions.
(3) The warranty period is valid for 2 years from the date of delivery of the item if the customer is a private consumer. Otherwise warranty is valid for 12 months from the date of delivery.
(4) If the customer is an entrepreneur the customer is obliged to immediately inspect all goods/ products upon delivery. Performance is/ Goods are considered to be accepted if an apparent defect/ lack of conformity is not communicated within 5 working days after delivery or otherwise within five days of detecting the defect.
- Limitations of liability
(1) We will not under any circumstance be liable for any damage caused by inappropriate/ unintended use of the products. We will also not be liable for damages due to loss of data if recovery is made impossible or rendered too complicated due to insufficient data protection/ storage? This does not limit or exclude liability for damages caused due to negligence.
(2) Nothing in these Terms and Condtions will limit or exclude our liability in accordance with the provisions iSv. § 444BGB, death or personal injury (due to negligence) or in accordance with Produkthaftungsgesetz/ Product warranty statues?
- Governing law and jurisdiction
(1) The contract of sale between the customer and us is subject to German law, yet, also subject to provisions made under private international law, excluding UN Convention on the International Sale of Goods.
(2) If the customer is an entrepreneur or merchant (Kaufmann) iSd. § 1 paragraph 1 (HGB) a juristic person or a special fund under public law the courts in Schwäbisch Gmünd will have (non-) exclusive jurisdiction to adjucate any dispute in relation to these Terms and Conditions of Sale.
We or the customers may raise a claim in accordance with statutory provisions at any court of competent jurisdiction.
- Copyright and IP
Any design, suggestion,drawing and documents of similar nature are intended for the customer only and may not be made accessible to any third party nor copied or recreated/ reproduced without prior written consent. Copyright/ IP may not be infringed/ not be transferred or assigned even if the design or construction has been ordered by the customer or the design has been used exclusively to produce products for that particular customer.
11. Salvatorische Klausel
If any provision of these Terms and Conditions of Sale is held invalid or unenforceable by the court of competent jurisdiction, the remaining provisions will remain in full force and effect.