Terms of Service

This is an automated translation -Only the german version is valid.

​

§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services provided by Freeceps UG (limited liability), Hochfirststr. 7, 70569 Stuttgart (hereinafter: "Seller"), regarding the online shop www.freeceps.de and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Stuttgart insofar as the customer is a merchant or a legal entity under public law or special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the action is brought.
(5) We deliver to the following countries: Germany, Austria.
(6) Customers have the option to use an alternative dispute resolution. The following link from the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.

 

§ 2 Contract content and conclusion of contract
(1) The seller offers customers new goods, especially sporting goods and medical products, for sale in the online shop www.freeceps.de.
(2) When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer's order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order are confirmed to the customer by email.
(3) The contract text is saved. However, it is not accessible to the customer.

§ 3 prices, shipping costs, sales tax and payment
(1) For orders via the online shop, the prices stated there apply. All prices include the legal VAT.
(2) The prices do not include shipping and packaging costs, which are announced to the customer before the order is placed.
(3) The delivery to the customer by the seller takes place at the customer's request against the following payment methods: advance payment (by transfer, PayPal, credit card payment),.
(4) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and / or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise in text form.

 

§ 4 delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address given by the customer. Delivery will be made from the Seller's warehouse.
(2) The availability of the individual goods is specified in the item descriptions. Unless expressly agreed otherwise, the seller dispatches goods in stock within 1-4 working days after payment has been made (in the case of advance payment by bank transfer: within 1-4 working days after receipt of payment). If the goods are marked as not in stock when sold via the online shop, the seller will endeavor to deliver as quickly as possible. Information provided by the seller on the delivery period is non-binding, unless the delivery date has been promised by the seller.
(3) The seller reserves the right to make a partial delivery, provided that this appears advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs resulting from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and delivery is not made in whole or in part. This reservation of self-supply applies only if the seller is not responsible for the lack of delivery. The seller is not responsible for the failure to perform if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this fact and reimburse the purchase price and shipping costs already paid.
The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the freight forwarder, the carrier or the person otherwise assigned to carry out the shipment when the goods are delivered.

 

§ 5 retention of title
The delivered goods remain the property of the seller until all claims from the contract have been met; In the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims that the seller in connection with have been settled are entitled to the contract.

 

§ 6 Right of Retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

§ 7 Liability for material and legal defects
(1) If there are defects, the customer is entitled to statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, §§ 377 ff. HGB apply in addition.
(2) Damage caused by improper actions on the part of the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller.
The customer can find information on proper handling in the manufacturer's descriptions.
(3) The customer must notify the seller of defects within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, the guarantee to entrepreneurs is excluded.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer that are aimed at compensation for physical injury or damage to health due to a defect for which the seller is responsible which are based on intentional or grossly negligent fault of the seller or his vicarious agents.
(4) If there are defects and if they were asserted in good time, the seller is entitled to subsequent performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.

 

§ 8 Duty to inform in the event of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer should immediately notify the carrier / freight service provider and immediately by email or in any other way (fax / post) with the seller, irrespective of his warranty rights (§ 7) Contact us so that they can protect any rights they may have against the freight forwarder / freight service.

 

§ 9 Disclaimer
(1) Outside of liability for material and legal defects, the seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the contractual purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than the above.
(2) The limitations of liability of the preceding paragraph do not apply to injury to life, limb and health, to a defect after assuming a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the seller's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.