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Conditions of Use & Sale

§ 1 Scope of application

Any contract between FraP Metall GmbH & Co. KG. (hereafter FraP Metall) and its customers is based solely on FraP Metal's general terms and conditions that are valid at the time of the contract execution. FraP Metall does not recognise conditions that vary from the following general terms and conditions unless FraP Metall explicitly agreed to them in writing.  FraP Metall or FMG is the registered trade name for FraP Metall GmbH & Co. KG.

 

§ 2 Contract conclusion

Your order constitutes an offer to a contract of purchase. If you order from FraP Metall, we will send you a confirmation by E-Mail, which does not constitute an acceptance of your offer, but rather informs you that your order was received by FraP Metal. A contract of purchase is only valid when we confirm shipment of the goods you ordered in a second confirmation E-Mail. Goods in the same purchase order that are not included in the shipment confirmation are not part of the contract of purchase. Your contractual partner is FraP Metall.

Please note that we sell our goods only in trade quantities. This applies both to the number of goods within a single purchase order and to the number of products ordered in multiple purchases where the individual orders contain products in trade quantities.

 

§ 3 Right of withdrawal up to 2 weeks, exemptions from the right of withdrawal

(1) Right of withdrawal

You can withdraw your order in writing (e.g. by post, fax or E-Mail) within 14 days of placement without further explanation. For that you can use the model withdrawal form at § 3.4.

The deadline for withdrawal starts with the receipt of the goods at the earliest and not before you receive FraP Metall's general terms and conditions. You can ensure being within the two week limit by withdrawing your order in time.

For withdrawing your order please contact:

FraP Metall GmbH

Triftstr. 21 b

 D - 16348 Wandlitz

Online:

http://www.fmg-holzverbinder.de

or by mail: shop@fmg-web.de

 

(2) Implications of withdrawal:

If an order is withdrawn successfully, both the received goods and payments including interest for example, (or any other benefits) are to be returned, exception: the consumer has expressly opted a type of delivery other than the least expensive type of standard delivery offered by the trader, so the supplementary cost has not be required to reimburse by the trader.

If the returned goods and/or benefits are returned damaged or only in part,  the customer is liable for compensation. Goods are excluded from compensation claims if the damage occurred during a quality inspection carried out by the customer. The customer can avoid compensation liability by treating the received goods carefully and by refraining from any action that diminishes their value.

 

The goods have to be sent within 14 days after withdraw to:

FraP Metall GmbH & Co. KG

Triftstr. 21 b

D-16348 Wandlitz

The customer is obliged to bear the costs for the return of the goods, if they correspond to those ordered and if the value of the goods to be returned does not exceed € 40. Otherwise the goods can be returned free of charge.

Any payment obligations have to be fulfilled within 30 days after confirming the withdrawal from the order. For the repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise. We may refuse payment until we have received the goods, or until you have demonstrated that you have returned the goods.

 

(3) Exemptions from the right of withdrawal

The right of withdrawal does not apply to goods produced to the customer's specification delivered within the framework of a distance contract and to commercial customers. Customers who enrolls with VAT No. excepts, that they registered as commercial customer and without right of withdrawal.

 

(4) Model withdrawal form

If you wish to withdraw from the contract, please complete and send back to us via email, fax or post as follows:

 

To FraP Metall GmbH & Co. KG

    Triftstraße 21b

    D-16348 Wandlitz (and if necessary fax.no and email-adress): 

I/We (*) hereby give notice that I/We (*) withdraw from my/ our (*) contract of the sale of the following goods:

 

Ordered on (*)/received on (*)

Name of consumer(s)

Adress of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate

 

§ 4 Delivery

Information about delivery times is non-binding unless the delivery date is confirmed by FraP Metall. If FraP Metall is not able to deliver the ordered goods due to circumstances beyond our control, (The steel presupplier, for example, may not be able to fulfil his contractual obligations. In this case, FraP Metall would be entitled to withdraw the order confirmation.) Should this come to pass, FraP Metall will notify the customer about the non-availability of the ordered product immediately. Your legal entitlements will not be affected.

The customer is obliged to bear the delivery costs if FraP Metall is unable to deliver the ordered goods because the customer has specified a wrong delivery address. This assumes that the delivery date was communicated within an appropriate period of time.

 

§ 5 Due date and payment, delay

Payment can be made on receipt of invoice (please see § 6 for the conditions), by credit card or direct debit. New customers can only take advantage of payment on receipt of invoice if the purchase price does not exceed a certain amount. This limit applies to the customer's entire account and encompasses outstanding payments from earlier orders. If the customer falls into arrears, FraP Metall is entitled to demand default charges of 5 % above base rate per annum announced by the European Central Bank. If the damages caused by the delay are demonstrably higher, then FraP Metall is entitled to put forward a claim. Payment on receipt of invoice is only possible for customers aged 18 and over.  First time buyers cannot make payment on receipt of invoice. For some countries and currencies, payment on invoice may be unrealisable. Please note that, unless otherwise arranged, the amount invoiced is due on receipt of the invoice.

  

§ 6 Conditional sale

Until the entire payment is made, the delivered goods are property of FraP Metall. 

 

§ 7 Liability for defects

If the ordered goods are faulty, the Code of Federal Regulations applies.

Unless other issues arise, further claims on any legal grounds are excluded. FraP Metall is therefore not liable for defects which did not occur on the product itself, in particular, FraP Metall is not liable for the customer's profit or other financial losses. The extent to which FraP Metall's contractual liability is excluded or limited also applies to the personal liability of employees, representatives and vicarious agents.  

 

In the event of a negligent breach of FraP Metall's contractual obligations, the liability for material damage shall be limited to the foreseeable, typically occurring damage. 

The customer is obliged to return the faulty goods within 30 days at the expense of FraP Metall when the supplementary performance is carried out in the form of a replacement delivery. Faulty goods must be returned according to applicable regulations.

The statue of limitations is 24 months from the day of delivery.

 

§ 8 Assignment of rights and customer reviews

If the client should decide to write a customer review, he or she grants FraP Metall the right to use the review whenever and wherever for any purposes online as well as offline for the duration of the applicable law.

FraP Metall will strive to name the author as the source (unless the author wishes to remain anonymous), but reserves the right to show the review only for a limited time on the website as well as shortening or editing it. Reviews reflect the opinions of the customer only and do not necessarily correspond to those of FraP Metall.

We are pleased to offer our customers the opportunity to review our products in a public forum and value their willingness and efforts to do so. By doing so, many customers help us to develop our products further and to improve our services.

 

§ 9 Collection, processing and use of personal data

For further information, please see our data protection policy.

 

§ 10 Applicable law

German Law


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