General Terms and Conditions of FWF Fechtwelt GmbH
The following terms as valid on the day of purchase apply exclusively for the business relationship between FWF Fechtwelt GmbH (hereinafter FWF) and the purchaser. Conditions by the purchaser differing from these do not apply unless FWF have explicitly accepted them in writing.
1) The presentation of the goods in our online shop does not constitute any binding offer of FWF. It is rather an invitation to the customer to submit a binding offer. Verbal communications by FWF are only legally binding if FWF have confirmed these in writing.
All offers are subject to change and non-binding.
2) Every order by the customer constitutes a binding offer to conclude in a purchase contract for the ordered goods.
By clicking the button “Submit order with financial obligation” in our online shop the customer submits such an offer to buy the products in the basket. This button can technically only be clicked after having ticked and hence accepted the General Terms and Conditions and Right of Revocation.
The customer acknowledges through submitting their order also these terms by the supplier as being solely decisive for the business relationship.
These terms and conditions can be viewed stored or printed free of charge at www.fencewithfun.com.
Until submitting the data by clicking the above mentioned button the customer has at any stage the possibility to view and / or correct their entries.
3) FWF confirms the receipt of the order by the customer / purchaser in writing (e.g. by fax or email). This confirmation of receipt is not a binding acceptance of the order. The purchase contract is only concluded by FWF sending the purchaser an explicit order confirmation or the goods when they arrive at the customer.
The confirmation of receipt can be combined with the confirmation of acceptance.
III. Delivery and Acceptance
1) Unless otherwise agreed, the delivery is ex works FWF from Mietingen to the address stated by the purchaser.
If the buyer is a registered business (§ 14 BGB), a legal entity under public law or public special assets, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon the delivery of the goods to the forwarding company, the carrier or to the person or institution.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods are only transferred to the buyer at handover, even in case of shipment. The handover is the same, even if the buyer is in default with acceptance.
2) IF FWF notices whilst processing the order that certain products are not available, they will inform the buyer separately. If FWF is unable to deliver any ordered item through no fault of their own, FWF is entitled to cancel the contract. FWF will inform the buyer in this case immediately. In such a case the buyer has the choice to wait until the items are available or cancel the contract, unless FWF has already made use of their right to cancel the contract; in case of cancellation any payments already made by the buyer will be immediately refunded.
3) We reserve the right for partial delivery insofar as this is reasonable for the customer. If this is initiated by FWF, there will be no additional transport costs for the buyer. Additional costs are charged if the partial delivery is explicitly requested by the buyer.
4) If the buyer is a registered company according to § 14 BGB, acceptance takes place, when agreed, at the premises of FWF in Mietingen. If the buyer renounces of acceptance at FWF’s premises, the goods count as accepted with their dispatch.
IV. Prices and Payment conditions
1) All prices of FWF are gross and including VAT. Additional costs to the items for payment and shipping are clearly indicated on the order page for the customer. All prices are calculated based on today’s costs. FWF reserves the right to change prices before concluding a contract. In these circumstances FWF’s order confirmation is a revised offer and the contract only concludes with acceptance by the buyer.
2) The purchase price is due without deduction with the delivery of the goods.
V. Changes of orders
Costs incurred through subsequent changes of orders by the buyer are invoiced by FWF and have to be paid by the buyer.
VI. Warranty and Indemnities
1) Regarding the type, scope and properties of the goods, only the specifications in the order confirmation are binding. Other public statements about the goods’ properties by FWF the manufacturer or other helpers are irrelevant.
2) If the object of sale is deficient, the legal regulations apply. The assignment of these claims by the buyer is excluded. For any compensation claims, apart or next to the goods or service, the following applies:
a) FWF is not liable for breach of duty due to slight negligence if these do not involve contractual obligations or warranties or justify damages resulting from destruction of life, body or health or to claims under the German product liability law.
b) As far as FWF is liable for slight negligence, it will in any case be limited to the foreseeable damage that is typical for the contract.
c) FWF is not liable for the functionality of data networks, servers or data transmission lines to its computer centres or the constant availability of its online shop
3) In the case of a supplementary performance by replacement for defective goods, the purchaser is obliged to return according to the legal requirements.
4) Complaints by companies (§ 14 BGB – German Civil Code) legal entities by public law or special assets are only considered if they are made in writing, enclosing supporting documents, the latest within two weeks of receipt of the goods – in case of hidden defects immediately after their discovery, but no later than six months after delivery of the goods.
5) FWF shall not be liable for damages which have not occurred on the delivered object itself; FWF shall especially not be liable for the customer’s loss of profit or other financial losses, unless these damages are based on intentional or gross negligence by FWF. Insofar as FWF liability is excluded or limited, this also applies for the liability of legal representatives, employees and assistants of FWF.
6) The warranty period for is one year from delivery of the goods for companies; two years from delivery of the goods for consumers. For used goods, the period of limitation is one year from delivery of the goods.
VII. Offset, retention
The customer shall only be entitled to their right to offset if their counterclaims are declared legally valid or are undisputed by FWF. Furthermore they may only be authorized to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
VIII. Reservation of ownership
If the buyer is a consumer (§ 13 BGB – German Civil Code), the following applies:
1) FWF shall retain ownership of the delivered goods until full payment all claims. For the duration of the reservation of ownership the buyer of the goods (hereinafter referred to as “reserved goods”) must not sell or otherwise dispose of the ownership of these goods.
2) In the case of third party access to the reserved goods – in particular by court bailiffs, the buyer shall point out FWF’s ownership and inform FWF immediately so that FWF can enforce its ownership rights.
3) If the customer is in breach of the contract, particularly default of payment, FWF is entitled to demand the return of the reserved goods if FWF cancels the contract.
If the buyer is a registered company (§14 BGB – German Civil Code), a legal entity under public law or a public special asset, the following applies:
1) FWF reserves the right of ownership of the sold goods until the full payment of all of our current and future claims from the purchase contract and a current business relationship (hereinafter referred to as “secured claims”) has been made.
2) The goods subject to reservation of ownership may neither be pledged to third parties, nor assigned as collateral. The buyer has to inform FWF immediately in writing if and to what extend third parties exercise rights over the goods in FWF’s ownership.
3) If the buyer is in breach of the contract, particularly default of payment, FWF is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the reserved goods. Such return request does not simultaneously include the declaration of cancellation of the contract; FWF is entitled to only demand the return of the goods and reserve the right for cancellation. If the buyer fails to pay the purchase price due, FWF may only assert these rights if the buyer has been given an appropriate time limit for payment without success or setting such a time limit is not necessary according to the law.
4) The buyer is entitled to sell or process the goods under reservation of ownership in the ordinary course of business. In this case the following provisions shall apply in addition.
a) The reservation of ownership covers the products which are produced by processing, mixing or combination of our goods at their full value, whereas FWF will be regarded as the manufacturer. If the ownership rights of third parties remain in existence during the processing, mixing or combination with their goods, we shall acquire co-ownership to the new product in relationship to the invoiced value of the goods processed, mixed or combined to make the new product. For the item produced in processing the same applies as for the reserved good.
b) The buyer hereby now already assigns the claims against third parties, which are established from the resale of the goods or product in total or in the amount of our possible co-ownership share to us as collateral according to the afore-mentioned paragraph. We hereby accept the assignment. The obligations of the Buyer stated in Par. 2 shall also apply in view of the assigned claims.
c) The buyer shall remain authorized to collect the claims in addition to FWF. FWF undertakes not to collect the claims as long as the buyer meets its payment obligations towards FWF, is not in default of payment, no application has been filed for the opening of insolvency proceedings and there is no other deficiency to its ability to pay. However, if this is the case, FWF can request that the buyer informs us of the assigned claims and their debtors, provides all information which is necessary for the collection and handover the relevant documents and informs the debtors (third parties) of the assignment.
5) If the realizable value of the collateral items exceeds FWF’s claims by more than 10%, FWF shall upon request of the buyer release collateral items at FWF’s choice.
IX. Data protection
1. The voluntarily communicated personal data stated by the customer when placing an order occurs exclusively under compliance with the German Federal Data Protection Law (BDSG) and the German Teleservices Data Protection Law (TDDSG).
2. Personal data is only collected if and when the customer has communicated these voluntarily. Such data shall only be processed and transferred to third parties in so far as it is necessary for the purpose of implementing the contractual relationship between the Seller and buyer. This data is therefore – only as far as necessary – passed to the shipping company contracted with your delivery and – if and in as far as necessary – to the credit institution handling the payment. No further transmission of the data to third parties will occur.
3. The customer shall have the right at all times to receive information, free of charge, concerning their stored personal data and, if applicable, the right to correct, block or delete this data.
4. For questions regarding the collection, processing or use of personal information, the disclosure, correction, blocking or deletion of data, and cancellation of consents granted, please contact FWF Fechtwelt GmbH, Robert-Bosch-Str. 9, 88487 Mietingen, Germany.
X. Choice of law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relations between FWF and the buyer under the exclusion of the UN Convention on the International Sale of Goods (CISG). The applicability of mandatory standards of the state in which the buyer has his habitual place of residence shall remain unaffected by this choice of law. If the buyer is a registered company, a legal entity under public law or a public special asset the exclusive, including international, place of jurisdiction for all disputes arising directly or indirectly as a result of this contract shall be where the office of FWF is registered. FWF are however also entitled to institute legal proceedings at the buyer's place of general jurisdiction.
XI. Final provisions
If one or more provisions in these General Terms and Conditions prove to be null and void or are nullified, the remaining provisions of these General Terms and Conditions continue to apply. The ineffective or unenforceable provision shall be replaced by a valid and enforceable one that comes closest to the purport and intent herein expressed. The same applies to possible loopholes in the Agreement.