General terms and conditions

General terms and conditions

1. Applicability

These general terms and conditions shall apply exclusively for all legal transactions and similar dealings between Der Franzose Automobiltechnik GmbH (hereinafter called ‘Der Franzose’) and its customers. Any of its customers’ business terms and conditions that are at variance with these shall not be applicable. Any assertions to the contrary by customers referring to their own business or purchasing terms are categorically rejected.

2. Conclusion of contract, registration, suspension, cancellation and termination

2.1
The details and information on Der Franzose’s website are not binding. By placing an order, customers are making a binding offer to purchase. Der Franzose has a period of two weeks during which it can specifically state that it has accepted the offer. Despatching the goods ordered within this period is the same as a specific statement of acceptance. Simply confirming receipt of the order does not represent a statement of acceptance.

2.2
Users have to register in order to be all to take advantage of all of the services provided by Der Franzose’s website. Registration itself is free of charge. It is accomplished by opening an account and agreeing to these terms and conditions. Registration creates a contract between Der Franzose and the user in relation to use of the Der Franzose website (hereinafter referred to as the ‘Usage Contract’).

2.3
All data requested by Der Franzose during the registration process is to be given accurately and in full, e.g. first and last name, current address and telephone number, a valid e-mail address, plus company name, if relevant. If any changes occur subsequent to registering in respect of any of the data that the user has to provide at that time, then the user has an obligation to correct the data for Der Franzose without delay.

2.4
When registering, users select a password. This password must be kept secret and may not be passed under any circumstances to anyone else.

2.5
In principle, there is no reason why each user may not open multiple accounts. Inappropriate use of multiple accounts, however, is forbidden.

2.6
Der Franzose has the right to suspend a user’s account if the user is in violation of the provisions of these terms and conditions or in the course of using the Der Franzose website violates applicable legislation. In particular, Der Franzose
has the right to suspend an account if a user

- has registered under false details
- breaches the rights of any third party in connection with his or her use of the Der Franzose website, or
- misuses services provided by Der Franzose.

2.7
As soon as a user’s account has been suspended, the user is no longer permitted to use the Der Franzose website and may nor re-register without Der Franzose’s specific consent.

2.8
Der Franzose reserves the right to restrict deliveries of goods to normal retail quantities. Should Der Franzose make use of this option, Der Franzose will inform the customer of this restriction and obtain his or her agreement to this revision of the order.

2.9
Users may terminate a ‘Usage Contract’ at any time. Termination can be notified by a simple written message to Der Franzose Automobiltechnik GmbH, Osloer Straße 9, 49377 Vechta, Germany or an e-mail to info@franzose.de

3. Prices, delivery costs and payment

3.1
All prices are in euros and exclusive of post and packaging (delivery costs). Delivery costs are charged as per the prevailing delivery costs table.

4. Delivery deadlines

4.1
Unless any longer delivery time has been agreed, Der Franzose will deliver all goods ordered within 30 days of receipt of order. The delivery deadline is deemed to have been met if goods have left Der Franzose’s store within this period. If prepayment has been agreed, no delivery is made until receipt of payment.

4.2
Any agreement of a shorter delivery period or fixed date delivery is only valid if specifically confirmed in writing by Der Franzose.

4.3
If a delivery deadline is exceeded, the customer must give Der Franzose a reasonable additional deadline of at least two weeks.

5. Materials supply caveat

Der Franzose is entitled to cancel the contract if, for reasons beyond its control, it does not receive supplies from its own suppliers. Should Der Franzose make use of this right of cancellation, Der Franzose will inform the customer without delay of its inability to deliver and shall promptly reimburse such amounts as have already been paid against the purchase price.

6. Delivery

If a customer orders more than one item, which due to an inability to deliver everything at once cannot be sent out together, Der Franzose will deliver the goods in partial deliveries as and when they are available, unless due to any functional way in which the items go together or for any other reasons it is apparent that partial delivery would not be in the customer’s interest. The flat rate delivery cost will only be charged to the customer once.

7. Consumer’s right of return

7.1
All items ordered by a consumer can be returned with no conditions attached free of charge and without having to give any reason within a period of two weeks of receiving the goods. A consumer is any customer who orders goods for a purpose that cannot be attributed to any commercial or freelance professional activity of said customer.

Over and above this, Der Franzose grants consumers an extended right of return for articles still in their original packaging. Subject to 7.2 below, such articles may be returned within a period of one year. If sent back after the first two-week period, the cost of returning items must be borne by the customer.

7.2
This right of return does not apply to deliveries of newspapers, magazines or illustrated reviews, nor to products made specially to a customer’s wishes or uniquely adapted to a customer’s personal needs, nor to any goods that are not suitable to be sent back due to the nature of their composition.

7.3
Customers must use robust – if possible, the original – packaging for transportation of returns and should send these to the following address:

Der Franzose Automobiltechnik GmbH
Osloer Straße 9
49377 Vechta
Germany

7.4
If it is not, or is no longer, possible to send the goods back by post, customers can make good their right to return goods through a request for the item to be taken back, which should be made to Der Franzose by post, e-mail (info@franzose.de) or fax (+49 (0)4441 910146). After discussion with the customer, Der Franzose will then arrange for collection free of charge.

7.5
To meet the deadline it is sufficient to send off the goods or request for items to be taken back within the two-week period.

7.6
In the first two weeks after receipt of the goods, any return or collection is at Der Franzose’s cost and risk.

7.7
If the goods are sent off or a request to take them back is sent out within the due period, then the customer is no longer tied to the purchase contract. To such extent as the purchase price has already been paid, this will be reimbursed by Der Franzose.

7.8
If the purchase price is being financed in whole or in part by credit from Der Franzose, then the customer is likewise no longer tied to his or her declaration of intent aimed at concluding the credit agreement.

7.9
Important note: Where used or damaged items are sent back, Der Franzose reserves the right to claim reimbursement for any reduction in value or any damage that goes beyond due use of the item as well as for the value of using it. Where applicable, Der Franzose will offset such claims against any previously paid purchase price.

8. Retention of title

8.1
Until full payment of the purchase price, all goods supplied remain Der Franzose’s property.

8.2
If the customer is a sole trader, a corporate entity or special public body, Der Franzose shall retain title to the goods supplied until settlement of all debts already in existence at the time of concluding the contract, including all debts arising from subsequent or follow-up orders.

8.3
If the customer is a sole-trader and the order is part of his or her trade, then the customer assigns as security to Der Franzose even now all such receivables in their full amount as shall become due to him or her from selling items on to his or her buyers. The customer shall have the right, revocable by Der Franzose, to collect these debts. Der Franzose will only revoke this right and collect the assigned debts itself if the purchaser falls into arrears with his or her payment obligations towards Der Franzose or an application is made to open insolvency proceedings.

8.4
Der Franzose shall on request of the customer be obliged to release any existing securities to such extent as their value exceeds the debts to be secured by more than 50%. The choice of which securities to release shall be at Der Franzose’s discretion.

9. General warranty terms

9.1
The customer has an obligation to check all goods on receipt and to notify Der Franzose immediately, and in any case not later than within a deadline of two weeks, of any evident defects. The customer shall be under the same obligation in the event of any other defects to the purchased goods from such time as these are discovered. Any complaints should be sent to the address shown at clause 7.3. If Der Franzose is not notified within the prescribed time, then in relation to these defects the goods are deemed to have been approved. The customer shall thus be unable to assert any warranty claims in this respect.

9.2
For deliveries of used goods, no claims for compensation will be entertained due to any defects to the items purchased, save only if Der Franzose has concealed such defects in bad faith.

10. Special warranty terms for companies

10.1
If the customer is a company, used goods are sold without any warranty of any kind unless anything different has been agreed in writing or Der Franzose has concealed a defect in bad faith.

10.2
If the customer is a sole-trader and the order is part of his or her business, then for any complaints, contrary to clause 9.1, statutory provisions apply.

11. Expiry of warranty rights

11.1
For deliveries of used goods, customers’ rights to make claims due to any defect of the items purchased expire after a period of one year from delivery.

11.2
If the customer is a company, then the expiry period as per clause 11.1 also applies to new products. Article 479 of the German Civil Code (BGB) remains unaffected by this.

12. Liability

No matter for what legal reason a liability may arise, Der Franzose, as well as its representatives and agents, shall be liable only for such damage or losses as can typically be foreseen and that relate to breaches of material contractual obligations. This limitation shall not apply to any damage or losses caused by gross negligence or wilful intent, nor to personal injuries, damage or losses relating to the absence of a warranted product characteristic, nor to such for which liability is provided in accordance with product liability legislation.

13. No right of offset

Customers are not entitled to offset any charges unless the counter claims in question have been recognised by Der Franzose or ruled valid by the courts.

14. Final provisions

14.1
Any side or other agreements or statements of intent by either of the contracting parties must be in written form.

14.2
The place of execution shall be the registered office of Der Franzose.

14.3
If the customer is a sole trader, a corporate entity or special public body, then jurisdiction for any and all disputes arising out of the contractual relationship shall rest exclusively with the courts of Vechta.

14.4
The contract shall be governed exclusively by the laws of the Federal Republic of Germany. The UN Sale of Goods Act and German International Civil Law shall not apply.

15. Copyright

The layout of the Der Franzose website and these general terms and conditions may only be copied and used on other websites with Der Franzose’s prior approval.

16. Amendments and severability

Der Franzose reserves the right to amend these terms and conditions at any time and without giving any reason. Users will be notified of the amended provisions on this page. All users not objecting to the new terms and conditions within a period of two weeks of such amendment shall be deemed to have accepted the amended terms.

If any provision of these terms and conditions is invalid, the remaining provisions remain unaffected by this. The invalid provision is deemed to be replaced by such provision as comes closest in a legally valid way to the spirit and intent of the invalid provision. The same applies for any omissions.

Data protection and data security

Please refer to our information on data protection for details of Der Franzose’s data protection policy and data security.

Any questions?

If you have any questions about our general terms and conditions, please send these by e-mail to info@franzose.de.

Shopping cart

Open shopping cart