EU NO CH

General Terms and Conditions of Business

§ 1 General

These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between format.de Distribution GmbH, In der Dell 28, 56593 Horhausen/Westerwald, Germany (hereinafter referred to as "format.de") and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (§ 13 of the German Civil Code). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (§ 14 of the German Civil Code). The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking "Buy", the customer makes a legally binding commitment to purchase the goods in the shopping cart. The customer shall receive an order confirmation - depending on the selected payment method either from format.de or from PayPal - immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of this separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. format.de reserves the right to refuse to perform the service promised, if it becomes apparent after concluding the contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against format.de are excluded. The contractual language is German.

§ 2 Delivery

  1. If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries.
  2. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Delivery shall be to the delivery address specified by the customer.
  3. The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.

§ 3 Prices and shipping costs

Pricing depends on geographical location (basically EU and Non-EU) and, if EU, on the question, if the customer is a consumer or a business and if a business, if a valid EU VAT ID is provided during the ordering process or not.

  • EU consumers:
    • Prices are cash prices and include german VAT plus charges for shipping and handling.
  • EU business:
    • if a valid VAT ID is provided (VAT ID will be validated before shipping)
      Prices are net prices (not including VAT) plus charges for shipping and handling.
    • if VAT ID is not provided
      Prices are cash prices and include german VAT plus charges for shipping and handling.
  • non EU:
    • Prices are net prices (not including VAT) plus charges for packaging and carriage.
      Additional costs for duties and customs clearance may apply for several non EU countries and shall be paid by the customer.
  • Customers in Germany
    • Orders from german customers are not supported in this online shop system. German customers can only see the list of products and check prices in this online shop, but they will be redirected to our german online shop system which is in german language, if they would like to order.
  • Shipping costs:
    • Shipping costs will be calculated automatically for all countries listed and will be displayed clearly during the ordering process.
    • Shipping to most non EU countries will be shipped with shipping terms DDU (delivered duties unpaid). Shipping terms will be displayed during the ordering process.
      Additional costs for duties and customs clearance may apply for several non EU countries and shall be paid by the customer.

§ 4 Statutory right of withdrawal

Statutory right of withdrawal for EU citizens who purchase goods as consumers

If you are an EU citizen and purchase goods as a consumer (as per §13 of the German Civil Code), you are entitled to a 14-day statutory right of withdrawal from this contract.

Instructions for withdrawal from the contract

As an EU citizen who purchases goods as consumer you are entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which you or a third party you have appointed, who is not the carrier, takes possession of the final goods delivered.
In order to exercise your statutory right of withdrawal, you must notify us (format.de Distribution GmbH, In der Dell 28, 56593 Horhausen/Westerwald, Germany, Tel: +49 (0) 2687-9170-0, Fax: +49 (0) 2687-9170-17, Email: rma@format.de) of your decision to withdraw from this contract in a clear declaration (e.g. by sending a letter by postal mail, fax or email). You may use the withdrawal form attached for this purpose; however, it is not obligatory that you do so.
The withdrawal deadline shall be deemed to be met if you have sent the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.

Consequences of withdrawal

If you withdraw from this contract, we must reimburse you for any payments we have received from you, including delivery costs (excluding the additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction in order to reimburse you unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which you notify us of your withdrawal from this contract. The deadline is deemed to be met if you send the goods before the expiry of the fourteen-day deadline. You shall bear the costs of returning the goods.
You will only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.

Withdrawal form

You can download our Withdrawal Form in PDF format here (Adobe Reader required) and use this in order to exercise your right of withdrawal. Simply send the completed withdrawal form to us by postal mail, fax or email.

§ 5 Warranty and compensation

  1. Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by format.de are not covered by the warranty.
  2. Signs of wear and tear from normal use are also excluded from the warranty.
  3. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
  4. Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 3 has been fulfilled. This does not apply if the customer is a consumer.
  5. The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months unless format.de is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health. If the customer is a business, the warranty period for new items shall be 12 months from the transfer of risk, and for used items six months from this date, unless format.de is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health.
  6. Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
  7. format.de shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of format.de or a vicarious agent (e.g. the delivery service) of format.de Any further liability for damages shall be excluded. The provisions of the German Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of format.de shall be limited to foreseeable damage.

§ 6 Payment terms

  1. format.de only accepts payments in EURO (€).
  2. This web shop supports payments by PayPal, by Credit or Debit card (using PayPal Plus) and for EU business customers also "payment in advance" by SEPA bank transfer. Depending on geographical location and customer type not all payment methods might be available.

§ 7 Place of fulfilment and place of jurisdiction

  1. The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be a consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
  2. The place of fulfilment for all services and products arising from business transactions with format.de shall be Horhausen/Westerwald, Germany, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.
  3. If the customer is a merchant, legal person governed by public law or special fund under public law, Neuwied, Germany shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.

§ 8 Alternative dispute resolution

The seller is not obliged and is not prepared on principle to participate in a dispute settlement proceeding in front of a consumer arbitration board.

§ 9 Closing provision

If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.

 
Last update: 2018-05-25

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