§ 1 General Provisions

(1) The present general terms and conditions (“GTC”) apply to all contracts concluded between you and FS.COM GmbH via this online shop, unless nothing else has been expressly agreed in writing. FS.COM GmbH does not accept deviating or conflicting conditions insofar as FS.COM GmbH has not expressly agreed to them in writing

(2) These GTC shall only apply vis á vis entrepreneurs, governmental entities, or special governmental estates within the meaning of § 310 para. 1 German Civil Code (Bürgerliches Gesetzbuch – BGB).

§ 2 Conclusion of Contract, Contract Language

(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process.

(3) By clicking “Confirm Order” in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. A contract comes into existence between you and FS.COM GmbH as soon as FS.COM GmbH accepts your order and/or booking by means of order confirmation or dispatch the goods. Please regularly check the spam folder of your mailbox.

(4) The order information can be corrected in exceptional cases only – without a respective right to be granted - if the customer has informed the responsible sales employee at FS.COM GmbH without any undue delay in textform after receipt of the order confirmation (par. 3) of the request to correct the order and the sales employee has confirmed the correction of the order information to the customer.

(5) The exclusive language for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

§ 3 Information on Adjustments

To place an order, start by placing the desired goods in the shopping cart. There you may modify at all time the desired quantity or delete goods completely. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Confirm Order“, your declaration becomes binding in the meaning of section 2 (3) of these GTC.

§ 4 Storage of the Contract Text

You will receive the contractual key items together with information on the goods ordered by e-mail upon acceptance of the contract offer or together with the notification thereof. FS.COM GmbH does not store the contractual key items for you.

§ 5 Prices, Payment Conditions

(1) Prices are plus the respective statutory value added tax and plus the costs of packaging and delivery, customs duties and fees and other public charges in the case of export deliveries unless expressly agreed otherwise.

(2) The purchase price is due immediately after placing the order. In our online shop the payment methods Advance Payment, Credit Card and PayPal are generally available to you. FS.COM GmbH reserves the right to refuse certain payment methods or to refer to other payment methods for each order.
Further information on payment methods can be found on the corresponding special information page on the website of FS.COM GmbH https://www.fs.com/uk/payment_methods.html.

§ 6 Retention of Title

(1) Every product ordered remains property of FS.COM GmbH until payment has been fully made. If you fall behind with your payment more than 10 days after due date, FS.COM GmbH reserves the right to withdraw from the contract and to reclaim the goods.

(2) You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new product - in the amount of the invoice amount.
Notwithstanding FS.COM GmbH's authority to collect the claim themselves, you remain entitled to collect the claim even after the transfer. In this context, FS.COM GmbH undertakes not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, FS.COM GmbH is obliged to release the securities on your request at FS.COM GmbH‘s discretion.

§ 7 Terms of Delivery

(1) Unless expressly agreed otherwise, FS.COM GmbH shall be free to determine the appropriate mode of shipment and to select the carrier at reasonable discretion.

(2) FS.COM GmbH offers, in principle, free shipping for orders over £79 and only for products where the explicit note "Free shipping" on the respective offer page is displayed. Products where no such indication is displayed on the offer page (e.g. oversized or heavy products) are not offered with free shipping.
Free shipping means that FS.COM GmbH bears the costs for packaging and shipping. In the case of export deliveries outside the EU (e.g. Switzerland, Iceland), the customer shall bear the costs of customs duties as well as fees and other public charges.

(3) In the case of delivery of the goods, the risk of accidental loss of the goods shall pass over to the customer upon handover of the goods to the freight carrier or other carrier.
If the goods are picked-up by the customer himself, the risk of accidental loss of the goods shall pass to the customer at the time handing over the goods to the customer.

(4) In case of delivery of the goods, FS.COM GmbH shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit time (i. e. the time between the delivery by FS.COM GmbH to the carrier and the delivery to the customer) specified by FS.COM GmbH shall therefore only be non-binding.

(5) FS.COM GmbH offers several delivery options including e.g. UPS, DHL EXPRESS, Fedex/TNT. If the buyer changes the shipping address or shipping method, any additional fee should be borne by the buyer. You can check more details on “checkout” or “delivery policy” page.

(6) You also have the option of picking up at FS.COM GmbH, NOVA Gewerbepark, Am Gfild 7, 85375 Neufahrn by Munich, Germany for the following business hours: 8:30 am to 5:30 pm after prior confirmation.

(7) Damage to the goods incurred during transportation should be notified by the buyer to FS.COM GmbH by email. And if any delay is caused by the logistics company, please inform FS.COM GmbH at the first moment. FS.COM GmbH may guide you about the remedy procedures. To ensure that each customer shall receive the products as soon as possible, your order may be shipped in multiple packages without additional charges from FS.COM GmbH.

§ 8 Right to Set-off and Right of Retention

(1) You shall not be entitled to offset against the claims of FS.COM GmbH unless your counterclaims have been legally established or are undisputed. You shall also be entitled to set-off against claims of FS.COM GmbH if you assert notices of defects or counterclaims from the same purchase contract.

(2) As buyer you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 9 Warranty and Guarantees Claims

(1) If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free product. FS.COM GmbH is entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that you fulfill all obligations to inspect and to notify owed pursuant to § 377 german commercial code (Handelsgesetzbuch – HGB).

(2) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that FS.COM GmbH expressly guaranteed such in the individual case with respect to the product sold. Information on any applicable additional guarantees and their exact conditions can be found on the product page of the respective product and on special information pages on our website https://www.fs.com/uk/policies/warranty.html

(3) The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.

(4) For the products ordered and delivered, FS.COM GmbH offers a 30-day return or replacement service if you are not satisfied with the purchase. The products must be returned within the return period and in new or like-new condition with its original trademark, manual and accessories that were included when delivered.
You shall be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

§ 10 Limitation of Liability

(1) FS.COM GmbH is liable for intent and gross negligence. Further, FS.COM GmbH is liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, FS.COM GmbH is only liable for the foreseeable, typical contractual damage. FS.COM GmbH is not liable for slight negligent breach of other obligations than those mentioned above.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

(2) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. FS.COM GmbH is not liable for constant and continuous availability of our online trading system.

(3) FS.COM GmbH is liable to the same extent for its legal representatives or vicarious agents as for itself.

§ 11 Intellectual Property Rights and Confidentiality

If a third party should assert claims against the ordering party for the violation of industrial property rights, and/or copyrights relating to the supplied products, the ordering party shall be obliged to give immediate notification to FS.COM GmbH thereof. FS.COM GmbH shall have the right, if applicable with the support of the ordering party, but at its own expense, to conduct all negotiations for a settlement or any legal proceedings arising therefrom.

If the supplied products have been built in accordance with designs or instructions of the ordering party, the ordering party shall indemnify FS.COM GmbH against all claims, liabilities, burdens and costs that are asserted to FS.COM GmbH by third parties due to violations of patents, trademarks or samples. A reasonable advance on any costs of legal proceedings shall be granted to FS.COM GmbH.

FS.COM GmbH shall be obliged to use all knowledge of company secrets and of information that can be classified as confidential it acquires as part of the contractual relationship only for the purpose of implementing this contract. Both parties shall treat all documents and information they receive in and during the fulfillment of a contract with confidentiality and for as long as such documents and information have not become generally known.

These obligations shall also remain in effect after the end of a contract and shall also be imposed on third parties in the case of permitted passing on of documents and information to third parties.

§ 12 Export and Import Licenses

Products and Technical know-how supplied by FS.COM GmbH are intended for use and to remain in the country of delivery agreed with the ordering party. Re-exporting of contractual products - individually or integrated in a system - may require to obtain a license and shall be subject to the foreign trade regulations of the Federal Republic of Germany and/or of the other country of delivery agreed with the customer.

The ordering party must obtain information on the applicable regulations itself regarding German provisions from the Federal Office for Economic Affairs and Export Control, 65760 Eschborn/Taunus. Regardless of whether the ordering party specifies the definitive destination of the supplied contractual products, the ordering party shall itself be responsible for obtaining any necessary licence from the pertinent authorities, in particular the foreign trade authorities, before exporting such products.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The courts of the regional court Munich I shall have exclusive jurisdiction for dispute, in connection with this contract.

(3) FS.COM GmbH reserves the right to make changes to its website, rules, conditions including these GTC at any time. Your order is subject to the GTC in force at the time of your order, unless a change to GTC is required by law or governmental order (in which case they also apply to orders you have previously placed). If any provision of these GTC is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.