General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Fitzner GmbH & Co. KG) via the website www.fitzner.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. A trader is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Accessibility

(1) Pursuant to § 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we provide information on how our online presence or our service in electronic business transactions complies with the accessibility requirements of the relevant ordinance (BFSGV). This information is accessible via a separate button appropriately labeled (e.g., "Accessibility Statement" or similar designation) on our online presence and includes in particular the following points:

• a description of the applicable accessibility requirements;
• a general description of the service in an accessible format;
  
• descriptions and explanations necessary for understanding the implementation of the service;
  
• a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows:

Market Surveillance Authority of the Federal States for the Accessibility of Products and Services - Public Law Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Phone: +49 391 567 6970
E-Mail: [email protected]

(3) We may use artificial intelligence (AI) and special tools to implement accessibility requirements on our online presence. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labeled button mentioned in para. 1 on our online presence.

(4) Our online presence or our service in electronic business transactions is accessible if it can be found, accessed, and used by people with disabilities in the customary manner, without special difficulty, and generally without foreign assistance.

(5) Measures to implement accessibility requirements include, for example, clearly legible font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easily readable and understandable language, compatibility with all common screen readers, and adjustable display options for various end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Contract Formation

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we already submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you select an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check, change (also via the browser's "back" function), or cancel the information in the order overview. By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you legally bindingly accept the offer, thereby concluding the contract.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have stored with us is correct, that e-mail receipt is technically ensured, and that it is not prevented by spam filters in particular.

§ 4 Special Agreements on Offered Payment Methods

(1) Payment via "Mollie"
If you select a payment method offered via "Mollie", the payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods via "Mollie" are displayed to you under an appropriately labeled button on our online presence and during the online ordering process. For payment processing, "Mollie" may use further payment services; if special payment conditions apply to this, you will be informed of this separately. Further information on "Mollie" can be found at https://www.mollie.com/de .

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Warranty

(1) Statutory rights for defects exist.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before making the declaration of contract and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).

(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. This does not affect our right to bring the action before the court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply expressly.

§ 8 Agreement for the Use of Trusted Shops Buyer Protection

(1) You can secure orders placed with us free of charge up to a value of 100 euros through the buyer protection offered by Trusted Shops SE. In addition, Trusted Shops, together with a guarantor, offers a paid protection option. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here. To activate buyer protection, click the corresponding button on the so-called Trustcard, which appears as a pop-up on the “Thank You” page after completing an order. If you are already registered for buyer protection, your order will automatically be covered (automatic buyer protection) without you having to click the button. To enable us to offer you (automatic) buyer protection, the Trustcard needs access to order data stored in your browser’s cache. For this purpose, a hash value of your email address, as well as the order number and order total, are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will automatically be covered. If you are not yet registered, you can register as described above via the Trustcard. Information on data protection at Trusted Shops can be found in the Buyer Protection Terms and Conditions linked above.

II. Customer Information

1. Identity of the Seller

Fitzner GmbH & Co. KG
Schillerstraße 53
32361 Pr. Oldendorf
Germany
Phone: +49574293030
E-Mail: [email protected]

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on Contract Formation

The technical steps for concluding the contract, the contract conclusion itself, and the correction options are governed by the "Contract Formation" provisions of our General Terms and Conditions (Part I.).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive your order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print or save electronically.

4. Codes of Conduct

4.1. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf 

5. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices quoted in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They are accessible via an appropriately labeled button on our online presence or in the respective offer, are separately itemized during the ordering process, and are to be borne by you in addition, unless free shipping is promised.

6.3. Any costs of money transmission (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.

6.4. The available payment methods are indicated under an appropriately labeled button on our online presence or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery Conditions

7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our online presence or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or another person designated to carry out the shipment.

8. Statutory Liability for Defects

The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These Terms and Conditions and Customer Information were created by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of cease-and-desist warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 22.10.2024