Terms and Conditions

 

*** The contract language is German. The English translation is not binding but is for assistance of foreign customers. Only the German text is binding. ***

The following terms and conditions (T & C) include legal information on your rights under the provisions on distance contracts and e-commerce.

1. Scope

For all deliveries of Frank Rossbach to consumers (§ 13 BGB), these terms and conditions apply, except for the point. 9.2 (warranty).

For deliveries to entrepreneurs (§ 14 BGB), these terms and conditions apply with the exception of point. 4. (Withdrawal) and 9.1 (warranty).

2. Contractor

The purchase will be with

Frank Rossbach, Niekamp 14, 59399 Olfen
Tel. + 49-2595-972217, Fax + 49-2595-972219
kontakt@figurenschnapp.de

You can contact our customer service for questions and complaints on weekdays 8:00 to 18:00 by the phone number 02595-972217 as well as taking the fax number 02592-972219 or by e-mail at kontakt@figurenschnapp.de

We will contact you no later than the next business day so that your questions, complaints or objections can be resolved.

3. Offer and Conclusion

3.1 The presentation of products in our online shop is not a legally binding offer from the seller / provider, but an invitation to place an order.

3.2 By clicking the button "Buy" you place a binding declaration of intent to order the products listed on the order page. The purchase takes place by the fact that we accept your order with an order confirmation via e-mail immediately after receiving your order or by immediate delivery of the products after ordering.

3.3 The opportunity to identify and correct input errors, will be specifically mentioned where appropriate.

4. Withdrawal

Consumers (§ 13 BGB) have a statutory right of withdrawal.

Withdrawal

You have the right to withdraw this contract within 14 days without giving reasons.

The withdrawal period is 14 days from the date on which you or a representative of a third party, who is not shipper, received the last instalment or the last piece of the goods.

To exercise your rights, you have to inform

Frank Rossbach, Niekamp 14, 59399 Olfen
Tel. + 49-2595-972217, Fax + 49-2595-972219
kontakt@figurenschnapp.de

by way of unambiguous declaration (e.g. a letter by post mail, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed pattern which is not mandatory, however.

To meet the withdrawal deadline, it is sufficient that you inform about your decision concerning the right of withdrawal within the withdrawal period.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of delivery (with the exception of additional costs arising from the fact that you have chosen a different type of delivery than the favourable shipping, offered by us), and immediately repay within 14 days from the date on which we received the notification about your cancellation of this contract. For this repayment, we use the same method of payment that you have used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees because of this repayment.

We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the period of fourteen days.

You bear the direct cost of returning the goods.

You only need to pay for the possible loss of value of the goods, when this value loss is resulting from a unsuitable handling by you to check the quality, characteristics and functioning of the goods.

Withdrawal

You have the right to withdraw this contract within 14 days without giving reasons.

The withdrawal period is 14 days from the date on which you or a representative of a third party, who is not shipper, received the last instalment or the last piece of the goods.

To exercise your rights, you have to inform

Frank Rossbach, Niekamp 14, 59399 Olfen
Tel. + 49-2595-972217, Fax + 49-2595-972219
kontakt@figurenschnapp.de

by way of unambiguous declaration (e.g. a letter by post mail, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed pattern which is not mandatory, however.

To meet the withdrawal deadline, it is sufficient that you inform about your decision concerning the right of withdrawal within the withdrawal period.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of delivery (with the exception of additional costs arising from the fact that you have chosen a different type of delivery than the favourable shipping, offered by us), and immediately repay within 14 days from the date on which we received the notification about your cancellation of this contract. For this repayment, we use the same method of payment that you have used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees because of this repayment.

We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.

You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us of any cancellation of this contract to us or passed. The deadline is met if you send the goods before the period of fourteen days.

You bear the direct cost of returning the goods.

You only need to pay for the possible loss of value of the goods, when this value loss is resulting from a unsuitable handling by you to check the quality, characteristics and functioning of the goods.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To Frank Rossbach - Niekamp 14-59399 Olfen
Phone + 49-2595-972217, Fax + 49-2595-972219 
Email: kontakt@figurenschnapp.de

Hereby I / We (*) give notice to withdraw from my / our (*) contract for the purchase of the following products:

 

.......... .......... .......... ..........

Ordered on (*) / received on (*)

 

.......... .......... .......... ..........

Name consumer (s)

 

.......... .......... .......... ..........

Address of consumer (s)

 

.......... .......... .......... ..........

 

.......... .......... .......... ..........

Signature consumer (s) (only with message on paper)

 

.......... .......... .......... ..........

date

(*) Delete as appropriate.

 

5. Prices and shipping costs

5.1 The prices stated on the product pages include VAT and other price components.  For used goods / items and in case the legal requirements are present, we will point out the margin scheme and the applicable taxes.

5.2 In addition to the prices we charge shipping costs for delivery. The shipping costs are clearly indicated on the product pages and on the order page.

5.3 "Payment in advance" applys to be agreed. Other taxes or costs are not incurred.

6. Delivery

6.1 Unless otherwise indicated in a product, delivey will be worldwide against prepayment or payment by PayPal.

6.2 The delivery time is three business days after receipt. On any different delivery times, we point to the product page. In case of delay we will inform you immediately about the delivery or the transfer of goods to the carrier.

6.3 If the product is not available in time to be (for example, due to loss or error), we will inform you immediately. In such cases you are free to wait for a comparable product (whichever is available) or to cancel your order. In case of cancellation already made payment will be refunded immediately.

7. Payment

7.1 Payment "in advance" is to be agreed. As far as "payment on delivery" is possible due to a special agreement, this will be shown separately in the respective offer.

7.2 When paying in advance we will provide our bank details in the order confirmation and deliver the goods pursuant to the aforementioned delivery time after receipt.

7.3 The right to set off is only available to you, if your claims are undisputed, legally established or in dispute ready for a decision or if they are counterclaims according to  § 320 BGB.

7.4 You may only exercise if the claims are resulting from the same contractual relationship.

8. Retention of title

Until full payment the goods remain our property.

9. Warranty

9.1 If the delivered goods are defective, you are as a consumer in sense of entitled § 13 BGB in accordance with statutory regulations to demand supplementary performance, withdraw from the contract or to reduce the purchase price. The limitation period of warranty claims for the delivered goods is two years after receipt of the goods.

For used goods, we expressly offer as such and identify the limitation period is one year.

9.2 If the delivered goods are defective, you as an entrepreneur in sense of § 14 BGB in accordance with statutory provisions, may demand a defect-free subsequent performance or the delivery of a defect-free product. We have the right to choose the type of remedy. If the subsequent performance fails, you are entitled to reduce the purchase price or rescind the contract. The prerequisite for any warranty is that you fulfill all inspection and complaint properly under § 377 HGB.

The limitation period of warranty claims for the goods provided is other than in the case of claims for damages - be twelve months from receipt of the goods.

9.3 Items marked by us as "defective / damaged" are defects that are known to the purchaser at the time of concluding the contract, are excluded from the warranty.

9.4 We do not offer customer services and not provide such a service also. The installation of the goods offered by us, in particular of spare parts should be done by a specialist workshop. We are not liable for damages caused by the incorrect installation of these products.

10. Liability

10.1 We shall be fully liable under the statutory provisions for damage to life, limb or health based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages covered by the liability under the Product Liability Act. For damages that are not covered by sentence 1 and which are based on intent or gross negligence or fraudulent intent by us, our legal representatives or our agents, we are liable according to legal regulations. In this case, however, liability for damages is limited to foreseeable, typically occurring damage, unless we, our legal representatives or our agents was not at fault. In the extent to which we have given with regard to the goods or parts of a guarantee of quality, we are also liable under this warranty. For damages based on the lack of guaranteed quality, but not directly to the goods, we are only liable if the risk of such damage is clearly covered by the guarantee of quality.

10.2 We are also liable for damages caused by simple negligence insofar as the negligence concerns the breach of contractual obligations, the fulfilment of the purpose of the contract is of particular importance. However, we are only liable if the damages are typically associated with the contract and foreseeable.

10.3 Any further liability is excluded regardless of the legal nature of the asserted claim; this especially applies to tort liability claims or claims for reimbursement of expenses instead of performance.

10.4 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and agents.

11. Contract Language

The contract language is German. *** The English translation is not binding but is for assistance of foreign customers. Only the German text is binding. ***

 

Note to the information requirements on the different technical steps that lead to a contract, according to § 312i para 1 no. 1 BGB in conjunction with para 246c no. 1 EGBGB

According to § 312i para. 1 no. 1 BGB in conjunction with para 246c No. 1 BGB, we are obliged to provide information on the different technical steps that lead to a conclusion of the contract.

We point out that our menu navigation of our shop leads self-explanatory to the completion of order process by notes and buttons like "next", "buy".

Note to the information requirements on the storage of the treaty text as per § 312i para. 1 Nos. 2, 4 BGB in conjunction with para 246c No. 2 BGB

According to § 312i para. 1 Nos. 2, 4 BGB in conjunction with para 246c no. 2 draft Law we are obliged also to inform whether the text of the contract after the contract is saved by entrepreneur and whether the contract text accessible to the customer.

Please note that the apparent in our shop offer after completing the ordering process is still stored for 30 days and can be viewed as the product search. After this period, the offer will be put out of Webshop. A printout of this offer we have saved. This can be seen even after the expiry of the aforementioned time with us.

Nevertheless we recommend all customers to print out the latest version of our general terms and conditions immediately after the conclusion of the order process.

With regard to the use of our general terms and conditions (T & C) we inform our customers that these are constantly updated. The older Conditions we use are not retained following revision and have come only in the form of a document - copy available.

We recommend our customers to print out the Terms and Conditions immediately after completing the ordering process.

To detect and correct note on the information requirements of the possibility of typing errors, gem.§ 312i para. 1 sentence 1 no. 1 BGB in conjunction with para 246c no. 3 BGB

We expressly point out that the inputs basically any time, especially after clicking the order button can be checked again. You can input your particular correct in that you press the "back" button or close the last open window (by pressing the symbol "X"

Note on the sales packaging

Sales packaging is packaging that by the final consumer (§ 3 para. 1 no. 2 Wrap Regulation). Manufacturer or distributor of the products are required,

- Either the packaging waste in business or in the immediate vicinity (§ 6 Abs. 1) to take back (so-called self-management)

- Or to participate in a nationwide system that the private final consumer or collect in the nearby (so-called dual systems.) The packaging waste

You can empty sales packaging, thus returning the goods sold by us for free to the address named in the imprint.

Obligation under the EU Regulation no. 524/2013

If you've had a problem with something you've bought online, you can use the site of the European Commission to try to reach an out-of-court settlement. You can use it if you live in the EU and the trader ist based in the EU.

Dispute resolution bodies are currently not available on this site for some sectors and in the following countries: Croatia, Germany, Lithuania, Luxembourg, Malta, Poland, Romania, Slovenia, Spain. As a consumer you might not be able to use this site to solve your dispute with traders in these countries.

Here you'll find the EU platform for Online Dispute Resolution (ODR): https://ec.europa.eudr