Contractual terms for the purposes of purchasing agreements which are concluded via the platform https://fofolino.com between
Fofolino GmbH, Rathausufer 23, 40213 Düsseldorf / Germany
- hereinafter referred to as the “Supplier” -
the users of this platform specified in § 2 of these General Terms and Conditions – hereinafter referred to as the “Customer/Customers”.
§ 1 ScopeThe following General Terms and Conditions apply exclusively for the business relationship between the Supplier and the Customer in the version valid at the time of the order. Any other terms and conditions of the Customer shall not be recognised, unless the Supplier expressly approves their validity in writing.
§ 2 Conclusion of agreement(1) The Customer can select products from the Supplier's product range and compile these in a so-called shopping cart using the "Add to cart" button. By clicking the “Place order" button, the Customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the information at any time. (2) The Supplier shall then send the Customer an automatic confirmation of receipt by e-mail with the subject “Your Fofolino order receipt”, in which the Customer's order is specified again and which the Customer can print out using the "Print" function. The Customer’s order (1) hereby constitutes the offer to conclude an agreement with the respective content of the shopping cart. The confirmation of receipt (order confirmation) constitutes acceptance of the offer by the Supplier. The content of the order is summarised in this. In this email or in a separate email, however at the latest by delivery of the goods, the text of the agreement (consisting of order, General Terms and Conditions and order confirmation) shall be sent by us to the Customer on a durable medium (email or hard copy). The text of the content shall be stored under reserve of data protection. (3) The conclusion of agreement shall take place in the following languages: German or English.
§ 3 Delivery, Availability of goods, Payment terms(1) The delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), prior payment of the purchasing price provided. (2) If the product specified by the Customer in the order is only temporarily unavailable, the Supplier shall notify the Customer immediately. If there is a delay in delivery of more than two weeks, the Customer has the right to withdraw from the agreement. In this case the Supplier is also entitled to withdraw from the agreement. In this case the Supplier shall refund any payments already made to the Customer immediately. (3) The following delivery restrictions apply: The Supplier shall deliver only to customers who have their habitual residence (billing address) in one of the following countries and can state a delivery address in the same country: Australia, Austria, Belgium, Denmark, France, Germany, Netherlands, New Zealand, Norway, Republic of Ireland, Spain, Sweden, Switzerland, United Arab Emirates, United Kingdom (UK), United States (US). (4) The Customer can make the payment by Wire Transfer, PayPal, SEPA Direct Debit Mandate.
§ 4 Retention of titleThe delivered goods shall remain the property of the Supplier until complete payment of the purchasing price.
§ 5 Prices and shipping costs(1) All prices quoted on the Supplier’s website include the applicable statutory VAT. (2) The corresponding shipping costs shall be indicated to the Customer in the order form and are to be borne by the Customer.
§ 6 Warranty for material defects(1) The Supplier is liable for material defects according to the statutory provisions applicable to this, in particular §§ 434 et seqq. of the German Civil Code (Bürgerliches Gesetzbuch - BGB). For companies, the warranty period amounts to 12 months after delivery of the goods by the Supplier. (2) The Supplier states explicitly that the ordered goods my be delivered showing some variances in quality, condition, purity, colour, dimensions and other properties due to technically caused deviations. Insofar the Customer does not have a claim to any warranty right(s).
§ 7 Liability
(1) Claims for damages asserted by the Customer are excluded. This excludes claims for damages made by the Customer for injury to life, limb or health, or for the breach of essential contractual obligations (cardinal duties) as well as liability for other damages caused by deliberate or grossly negligent violation of duty by the Supplier, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the agreement.
(2) In the case of a violation of essential contractual obligations, the Supplier shall only be liable for contractually typical, foreseeable damages, if this was caused through slight negligence, unless the Customer's claims for damages relate to injury to life, limb or health.
(3) The restrictions of para. 1 and 2 also apply to the Supplier's legal representatives and vicarious agents, if claims are asserted directly against them.
(4) The provisions of the German Product Liability Act shall remain unaffected.
§ 8 Notes on data processing
(1) The Supplier shall collect the Customer's data for the purposes of transacting agreements. The Supplier must expressly observe the provisions of the Federal Data Protection Act and the Telemedia Act. The Supplier shall only collect, process or use inventory or usage data about the Customer without the Customer's consent if this is necessary to transact the contractual relationship and to use and bill telemedia.
(2) The Supplier shall not use the Customer’s data for purposes of advertising, market research or opinion polling without the consent of the Customer.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to agreements between the Supplier and the Customer, under exclusion of the UN Convention on Contracts for the International Sale of Goods as well as private international law.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from the contractual relationships between the Customer and the Supplier shall be the registered office of the Supplier.
(3) The agreement shall remain binding in all other parts even if individual points become legally invalid. The statutory provisions shall take the place of the invalid points, if present. If this would constitute an undue hardship for a Contracting Party, the agreement shall become invalid in its entirety.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.