Terms and conditions
Conditions of Use
I. Scope of application
All deliveries, services and offers by Manfred Franz subject exclusively to these Terms and Conditions. These apply, in relation to entrepreneurs, to all future business relations, even if they are not expressly agreed again. Latest upon receipt of the goods these terms are accepted. Confirmations of the buyer with reference to his business / purchasing conditions are hereby rejected. Deviations from these Terms and Conditions should be confirmed immediately in writing by the seller, for reasons of proof.
II. Offer and Conclusion
Our offers are not-binding and without obligation. Acceptance and all orders require our written or telephonic confirmation. Additions, amendments or additional agreements should always be confirmed in writing immediately for reasons of proof. Drawings, illustrations, dimensions, weights or other performance data are only binding if expressly agreed in writing. The sales staff of Manfred Franz are not authorized to make verbal agreements or to give verbal assurances that go beyond the content of the written contract.
Unless otherwise stated, the seller keeps the prices in its offers bound, 14 days from the date. The prices are, unless otherwise agreed, plus packaging, transportation, cargo insurance, including valid on the day of delivery VAT from our warehouse. This is for orders from Germany in Germany, for Austria in Austria, moreover, at the Seller Germany or Austria. The total costs are shown at all order from our online shop before the final order receptive during the ordering process.
IV. Delivery and performance target
Delivery dates or deadlines are non-binding approximations , unless expressly agreed otherwise in writing. The indication of certain deadlines and dates by the seller is subject to the correct and timely delivery by suppliers and manufacturers. Delivery and service delays due to force majeure and other unforeseeable events which make it difficult or impossible for the Seller and are not in the responsibility of Manfred Franz (this includes in particular war, warlike events, official orders, granting no export, import-or transit licenses, national measures restricting trade, strikes, lockouts and other malfunctions of any kind, traffic congestion, regardless of whether these events take place at Manfred Franz, its suppliers or subcontractors) entitle Manfred Franz, to delay delivery or service by the duration of the disability plus a reasonable start-up period, or cancel the contract if not fulfilled, in whole or in part.
The delivery period shall also be extended by the period to which the purchaser is in fulfillment of its contractual obligations in default. If the disability continues for more than 3 months, the buyer after a reasonable grace period (at least 14 days) is entitled to cancel the contract - where not met - in whole or in part. If the delivery time extends or Manfred Franz gets released from its obligations, the buyer shall have no claim for damages. In the circumstances mentioned Manfred Franz may rely only upon prior prompt notice to the buyer. Manfred Franz is entitled to make partial deliveries and partial services, to the extent reasonable for the buyer. In delivery contracts, each part service and part delivery shall be considered as an independent power.
V. default of acceptance
For the duration of the delay in acceptance of the Buyer, the Seller is entitled to store the goods delivered at the risk and expense of the purchaser. Manfred Franz can here serve a forwarding agent or a storekeeper. During the period of delay in acceptance, the buyer has to pay a replacement of the storage costs incurred, without further proof, 1% of the purchase price per month, but not exceeding EUR 25 - to Manfred Franz. In case of higher storage cost, the seller may require the replacement of these costs against proof of the buyer, the buyer is entitled to prove a lower damage. If the buyer refuses or declared not to want to accept the goods acceptance of the delivered goods after the expiry of an extension period, Manfred Franz may refuse to honor the contract and claim compensation for damages instead of the service.
VI. Transfer of risk
The risk passes to the buyer once the shipment has been handed over to the carrier or has the purpose of dispatch to leave the camp by Manfred Franz. If the shipment is delayed through no fault or is impossible, the danger with the notification of readiness for shipment changes over to the buyer.
VII a. Right of withdrawal
Right of withdrawal from Germany
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - also by returning the thing - if the goods are before the deadline. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing.
The revocation must be sent to:
Fax: +49 (0)8333 / 9275320
VII b. Consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) have to be surrendered. I you can´t give us back the recieved service or benefits (eg benefits of use), or just in part, or only restitute it in a deteriorated condition, you must pay compensation for the value. For the deterioration and derived benefits, you must pay compensation, only to the extent the use or the deterioration is due to a deal with the matter, beyond testing the properties and functioning. "Testing the properties and functioning" refers to the testing and trying out the goods, as it is possible and customary in a retail store. Transportable items are to be returned at our cost and risk. You have to bear the regular costs of the return if the delivered goods corresponds to the ordered and the price of the returned goods does not exceed an amount of 40 euros or if the thing or service had a higher price at the time of the revocation and you have not provided contractually agreed partial payment yet. Otherwise the return is free for you. Not parcel things are picked up at you. Verpflichtungen zur Erstattung von Zahlungen müssen innerhalb von 30 Tagen erfüllt werden. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
End of the information about rights of revocation
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.
1) Please avoid damage and contamination of the product. Please return the product as possible in original packaging with all accessories and with all packaging components. If necessary, use a protective overpack. If you no longer have the original packaging, please ensure a suitable packaging for adequate protection from damage while shipping.
2) Please return the product not unpaid but as an insured package and keep the receipt. We will refund you the postage costs in advance upon request, unless they can’t paid by you on your own.
3) Please note that the above mentioned paragraphs 1 and 2 are not a prerequisite for the effective exercise of the right of withdrawal.
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. Die Kosten der Rücksendung gehen zu Lasten des Kunden (§ 5g Abs 2 KSchG). 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.