I. Scope of application
Exclusion of withdrawal
The right does not exist for contracts which supply goods that can be manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable due to their condition for a return or spoil quickly or whose expiration date is exceeded.
VIII. Right to withdraw for consumers from Austria - Consumers (Austrian Consumer Protection Law)
Gives individuals (consumers) a withdrawal period of 14 working days (Saturdays, Sundays and public holidays count). The withdrawal period starts with receiving the goods (§ 5e KSchG). It is sufficient if the cancellation is sent within the deadline (letter, email, fax) or by returning the goods.
In the case of withdrawal, a full or partial refund of the purchase price will take place only concurrently, with the return of the goods received by the buyer. Goods should be returned in unused and as new condition and in the original packaging. For items that are damaged by signs or whose package is damaged, a reasonable fee shall be charged or withheld for impairment. The same applies if upon return of merchandise, accessories or parts are missing. The cost of returning goods shall be borne by the customer (§ 5g para 2 Consumer Protection Act). Should the goods be returned freight collect, we are entitled to deduct a corresponding amount.
End of the information about right of revocation
IX. Voluntary withdrawal / "Rundrum sorglos" package
As a voluntary service, we offer in addition to the statutory right of withdrawal:
You can be reimbursed up every product you purchase from us except special orders or items from specially marked sales actions (eg radial discounted items) even after expiry of the statutory cancellation period to a period of 30 days after receiving the goods, send it back to us and receive the purchase price, in case the items are in original packaging and are in unused condition. Radical discounted items from specially marked sale actions can only be exchanged in current goods (see separate instructions in each item category). Wrapped or sealed media such as CD's and DVD's will only be taken back if the seal is undamaged and in the welded film. Removing warranty seals or warranty labels leads to elimination of the voluntary withdrawal. Please understand that in cases of voluntary return shipping costs are to be borne by you. For prepaid transmitted or postage-due returns, we charge a processing fee of 5, - EUR. The difference for the non-free service (DHL charged 15, - EUR) will be deducted from your refund.
|X. Returns from Abroad |
The cost of returning from abroad will be paid by the buyer, provided that he is not a consumer.
XI a. Discount promotions (additional discounts)
Seasonal factors, and depending on item, order and the chosen method of payment (eg, advance discount +5%), with specially marked discounts voluntary additional discounts apply.
Examples of discounts: Payment in bank transfer in advance (5% additional discount), minimum order 250, - EUR (5% additional discount), Minimum order 500, - EUR (10% cheaper).
If the specified minimum order value is exceeded by your return, so the additional discount is granted voluntarily restated. It then subsequently comes the lower discount rate of build by the return Minimum value to bear. If you, for example, have ordered Goods to the value of 550, - EUR and afterwards return items worth 200, - EUR the discount level is adjusted and reduced to 5%. Discounts already granted (eg payment discount) will be charged and deducted from any refund.
XI b. Shipping Discount (Additional discount)
Seasonal factors, as well as depending on item and order, voluntary additional discounts in the form of shipping credits or free house deliveries are granted. If a return by the specified minimum order value (which triggered the granting of the additional discount) below, the additional discount is granted voluntarily subsequently revised reclaimed and / or deducted from a possible refund.
Manfred Franz ensures that the products are free from defects. If you sell to business owners, a warranty period of 1 year from the transfer of risk, 2 years for consumers applies.
The warranty period begins on the date of delivery. If our operating and maintenance instructions are not followed, changes, replacing parts or consumables used which do not meet the original specifications, so there is no warranty if the defect is due to this change. The same applies if the defect is due to improper use, storage and handling of the items or unauthorized modifications of the unlawful opening of devices. Minor deviations in color, dimensions and / or other quality and performance characteristics of the goods do not trigger any warranty rights.
Entrepreneurs as buyer of our products have to immediatly report any defects within one week of receipt of delivery. Defects that can not be detected despite careful examination within this period must be reported to us immediately after discovery. To avoid delays in processing, please make announcements within these time limits; the failure to comply with this request by the consumer does not lead to a loss of rights. If the notification of the buyer, that a product does not meet the agreed or expected quality, the defective subject and a detailed description of the error, specifying the model and serial number and a copy of the delivery note, the product was delivered with, is to be returned to Manfred Franz for repair or willing to keep on bulky goods for collection. By the replacement of parts, assemblies or complete equipment, no new warranty periods wil come into force. The warranty is limited, in a first step, to the repair or replacement of the damaged delivered items. If the repair is not successful, what is suspected after two attempts, or passes an unreasonably long time to repair (which for more than 6 weeks is usually the case) , the purchaser may require the contract to demand a reduction in payment or cancellation. Liability for normal wear or aging is excluded, especially in the case of wearing parts.
XIII. Retention of title
At our goods we reserve the right to full payment of the property (reserved goods).
Moreover, for entrepreneur applies:
Until all claims are achieved, which Manfred Franz is entitled to for any legal reason against the buyer now or in the future, the following securities be granted to Manfred Franz, from the buyer, which Manfred Franz will release on request of the purchaser, at our discretion, as far as the realizable value of the receivables rises above more than 10%. Any working or processing is always performed for Manfred Franz as a producer within the meaning of § 950 BGB, without obliging Manfred Franz. In case of processing or combinating the reserved goods with other goods, Manfred Franz gets co-ownership in the new object, namely during processing in relation to the value of the reserved goods to the value of the new object, in connection of the relation to the value of the reserved goods to the value of the other goods. Should the buyer be the sole owner, he admits ownership to us now, in proportion of these values ,and stores the goods free of charge for us. If the goods created by processing or combining, are resold , the following agreed advance assignment shall only apply to the reserved goods.
The purchaser is entitled to process the reserved goods in the ordinary course of business and as long as he is not in default. Pledges or security transfers shall not be permitted. The claimings from the further sale or any other legal reason (insurance, tort) in respect of the reserved goods (including all balance claims from current account) are transferred to us in full, by the buyer for, security reasons. We authorize him irrevocably to collect the claims assigned to us, for his account, in his own name. The authorization can only be revoked if the buyer does not meet his payment obligations properly. If third parties access the reserved goods, the purchaser will refer to the property of Manfred Franz and notify them immediately. If the buyer is in default or fails to fulfill other essential contractual obligations are not culpable, Manfred Franz is entitled to take back the reserved goods or, if necessary, to demand assignment of the claims of the buyer against third parties.
Invoices are payable as per agreement by cash in advance, cash on delivery, credit card, or for pick up in a bar, unless otherwise agreed. Manfred Franz is entitled, notwithstanding any contrary provisions of the buyer, to offset payments on its senior debt. At Costs and interest that have already been incurred, we are entitled to use the payment first to the costs, then the interest and finally against the main performance. The purchaser shall be informed of the procedure. A payment shall be deemed made when we can dispose of the amount. Checks are only accepted on account of performance and shall only count as payment after redemption. If the buyer is in arrears, we are entitled to charge from the relevant date from late payment interest at the statutory rate. All claims become due if the buyer is in default with other essential obligations under the contract culpably, fails to comply or if we become aware of circumstances which are likely to impair the creditworthiness of the customer, in particular payments, pendency of bankruptcy proceedings. In all these cases we are entitled, nor withhold any outstanding deliveries or to execute only against advance payment or collateral. The buyer is only entitled to offset or exercise a right of retention if the counterclaims have been legally established or are undisputed.
XV. prohibition of Assignment
Assignment of claims against us to third parties is impossible, unless we have expressly agreed to the assignment.
XVI. limitation of Liability
Compensation claims from impossibility of service, positive breach of contract, from negligence of contract or tort are excluded both, against us and against our vicarious agents, unless intentional or grossly negligent acts, a mandatory liability under the Product Liability Act, for life, body or health exists or an essential contractual obligation is breached. Under essential contractual obligations, the basic, elementary obligations under the contract are to be understood, which are significant in a special way for the proper execution or affect the existing relationship of trust between the parties.
XVII. Applicable Law / Choice of Law / Jurisdiction
For the terms and conditions and the entire legal relationship between Manfred Franz and the Buyer, shall count Austrian Law for buyers with seat or ordering address in Austria, for all other buyers solely the law of the Federal Republic of Germany. If the buyer is a merchant according to the Commercial Code, legal entity under public law or public special fund, the district court Kaufbeuren is place of jurisdiction for all disputes arising from the contractual relationship, directly or indirectly. However, Manfred Franz is entitled to sue the buyer at any other permissible place. Place of execution for entrepreneurs is the headquarters of Manfred Franz. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to the rights and obligations of the Parties under any circumstances.