§ 1 General Provisions
(1) The present general terms and conditions (GTC) apply to all contracts concluded between you as customer 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 we have not expressly agreed to them in writing.
(2) The customer is a consumer according to § 13 German Civil Code (Bürgerliches Gesetzbuch – BGB), as far as the purpose of the ordered deliveries cannot be predominantly attributed to his commercial or independent professional activity.
§ 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 Collecting, Saving and Processing of Your Personal Data
(1) In our online shop you may order goods as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop but you may log on to your customer account with your e-mail address and your password before or during the order process.
(2) In order to process your order we need the following data:
– your first and family name
– your email address
– your telephone number
– your postal address
(3) To open a customer account you have to provide us with the data mentioned in subsection (2) as well as a password chosen by you.
(4) Without your further consent, we will use your personal data only in order to process your orders, e.g. for delivery to your address. If you pay by bank transfer, we also use your banking data in order to carry out your payment. In the case of a purchase on account, FS.COM GmbH will obtain identity and credit information. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.
You can find further information and the FS.COM GmbH privacy policy at https://www.fs.com/uk/policies/privacy_policy.html
(5) Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), we save your data according to our obligations under commercial and tax law.
(6) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under ”My Account“ after the log in.
§ 6 Right of Withdrawal
(1) As a consumer you have in accordance with the applicable law a right of withdrawal.
(2) If you as a consumer make use of your right of withdrawal according to section 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions set out in detail in the following.
Instruction on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days, starting the day after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform FS.COM GmbH, NOVA Gewerbepark Neufahrn, Building 7, Am Gfild 7, 85375 Neufahrn by Munich, de@fs.com, +49 (0) 8165 80 90 517 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the individual purchase of goods, unless you have expressly agreed otherwise; in any event, you shall not incur any fees as a result of such reimbursement.
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.
- End of Instruction on Withdrawal -
FS.COM GmbH shall provide information on the sample revocation form in accordance with the statutory provisions as follows:
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
– To FS.COM GmbH, Building 7 , NOVA Gewerbepark, Am Gfild 7, 85375, Neufahrn by Munich, de@fs.com.
– I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
– order number (*)
– ordered on (*)/received on (*)
– name of consumer(s)
– address of consumer(s)
– signature of consumer(s) (only if this form is notified on paper)
– date
(*) complete as appropriate
- End of Model Withdrawal Form -
(4) The right of withdrawal does not apply to distance contracts.
(a)for the delivery of goods which have been produced according to customer specifications or which are clearly tailored to personal requirements or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date has been exceeded, or
(b)for the delivery of audio or video recordings or of software, if you have unsealed the delivered data carriers.
§ 7 Payment Conditions
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
§ 8 Retention of Title
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.
§ 9 Transfer of Risk
(1) The risk of accidental destruction, damage or loss of the delivered product in delivery shall pass to the customer upon delivery of the product to the customer or upon the customer’s default of acceptance. In all other cases, if FS.COM GmbH’s obligation is limited to the dispatch of the product, such risk shall pass to the customer upon delivery of the product by FS.COM GmbH to the carrier.
(2) Unless expressly agreed otherwise, FS.COM GmbH shall determine the appropriate mode of shipment and select the transport company at reasonable discretion.
§ 10 Terms of Delivery
(1) Shipping costs are added to the stated product prices, which shall in principle be borne by you. You can find out more about the amount of the shipping costs in the offers.
(2) FS.COM GmbH offers, in principle, free delivery for orders over £79 and only for products where the explicit note "Free shipping" on the respective offer page is mentioned. Products where no such indication is mentioned on the offer page (e.g. oversized or heavy products) are not offered with free delivery.
(3) 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.
(4) 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.
(5) 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.
§ 11 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.
§ 12 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.
(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 delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the statutory limitation period.
(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 returned within the return period and must be 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.
§ 13 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.
§ 14 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.
§ 15 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 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.
§ 16 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) If, on conclusion of this contract, you have your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Neufahrn.
(3) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
Our e-mail address is: de@fs.com. We inform you according to § 36 German VSBG that we are not willing to or obligated to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
(4) FS.COM GmbH reserves the right to make changes to its website, its 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 the extent permissible, 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.
