MERCHANDISE-SHOP WITH FULL FORCE
General Terms and Conditions of Business of the Fan Shops of the WITH FULL FORCE Veranstaltungs GmbH (Subsequently Referred to as WFF)|
For the totality of the business connection with the customer these General Terms of Business shall apply exclusively. Their updated version is available on our website www.withfullforce.de under the category “Terms and Conditions Shop”. Differing conditions of the customer require our written acceptance.
Shape, colour and weight of the goods are subject to alteration within reasonable limits. Any oral agreements, subsidiary agreements, differences/ modifications of these conditions and warranties require the expressed written approval by WWF in order to become effective.
§2 Placing of orders
Orders by the customer are a binding offer to conclude a purchase contract, independent of the way of ordering: on our website (Internet), by phone, in person, in written or by fax.
§3 Delivery and costs
1. Delivery will made as fast as possible, however, a fixed delivery time cannot be promised.
2. Delivery takes place while stocks last. For any goods the delivery is subject to the availability.
3. The risk is transferred to the purchaser as soon as the goods leave the office even in the case that WWF carries the transport costs.
4. Force majeure and in-house or external disturbances of any kind (strike, lack in raw materials, disturbance of shipment, etc.) authorize WWF to suspend, to modify, or to cancel delivery obligations during the period of the disturbance.
5. Claims for damages for reasons of delayed delivery and other claims are excluded. The customer is obliged to examine the good immediately after reception as to transport damages. In case of damages of the package, the customer has to request the transport company to confirm this damage in written immediately on acceptance. In case of damages that are not visible the customer is obliged to notify us immediately about it. In case of lacking documentation of the damages, or of delayed complaint as to damages that are not visible immediately, all rights of the customer expire, unless different arrangements are made in the present conditions.
6. We reserve the right to make partial deliveries.
7. The shipping costs listed under the category “Shipping Costs” apply.
1. The prices for the respective customer correspond to the prices listed on the fanshop sites on www.withfulforce.de or on the individual contractual price agreement with him. Prices are subject to alteration. If in the period between order confirmation and delivery for any reason an increase or a decrease of the prices should occur, the price valid on the delivery day shall be used.
2. The prices for the final consumer are subject to change and including the currently applicable VAT if not indicated otherwise.
§5 Payment conditions
Inside Germany we deliver exclusively on prepayment or COD, abroad only on prepayment. In case of pickup in person in our office we only accept cash payment or prepayment.
§6 Warranties / Return
1. Deficiencies have to be communicated immediately on receipt of the good. The complaint is no longer admissible if it is no longer possible for WFF to examine the rejected good, or if there was no immediate notification on the deficiency in written.
2. In case of warranty we decide on mending, replacement delivery, or on making out a credit. If mending or replacement delivery should fail, the customer can demand conversion or reduction of price.
3. Further claims of the customer, in particular claims for damages, are excluded, unless we or any person employed by us in the performance of our obligations has caused the damage deliberately or grossly negligently.
4. If an essential contractual obligation is violated negligently, our liability is limited to the predicable damage.
5. Deviations in dimensions, weight, material and colour of the goods for technical reasons, or that are usual in commerce, or minor deviations are no reason for a complaint.
6. The assertion of notices of defects does not authorise refusal of payment, and does not release the buyer from acceptance and from the obligation to store the goods appropriately.
For the return of goods the following shall apply:
A. Only merchandise from undamaged deliveries can be claimed or returned. Never accept a defect package. With the acceptance, you tacitly confirm the correct receipt of the merchandise, and afterwards you cannot make a claim for damages or a compensation. It might be preferable to refuse the acceptance if the parcel is physically damaged.
B. The return consignment must be sufficiently stamped! Not prepaid parcels cannot be accepted on our receiving station and will be returned to the customer with costs.
In case of a return from a goods delivery of which the total order value was up to 40 Euro (pre-tax) the customer has to carry the costs of the return consignment. Otherwise, the return consignment is free of charges for the customer.
C. The return of the claimed items has to be made within 4 weeks after goods receipt.
D. The merchandise has to be packed up appropriately before returning it. Goods that are damaged on the way from the customer to WWF or even got lost cannot be replaced.
E. A copy of the invoice must be enclosed.
F. Textiles must be unworn and unwashed.
In case of questions:
Phone: +49 (371) 560460
Fax: +49 (371) 5604610
§7 Transport damages
If the customer recognises damages on the package on receipt of the delivery he/ she has to request written confirmation of the damage by the transport company, or to notify WWF immediately in written that the delivery is accepted under reserve for reasons of the damaged packing. Transport damages that are recognised only after unpacking the merchandise must be communicated immediately to us in written form. The complaint is no longer admissible if it is no longer possible for WFF to examine the rejected good, or if there was no notification on the deficiency in written in due time.
§8 Reservation of proprietary rights
1. WFF reserves the proprietary rights on the delivered merchandise until complete payment. The customer is obliged to inform WFF immediately of each change of his place of residence / place of business as long as bills from delivered goods are outstanding or the goods have not yet been delivered. The customer is not authorised to mortgage the merchandise or to assign it as security.
2. In the event that third parties take hold of products and receivables still owned by WFF, the customer shall immediately notify WFF.
3. In such an event the customer shall carry the costs for all measures appropriate to rectify such taking hold; this applies in particular for the costs of the intervention processes.
§9 Place of fulfilment, jurisdiction, and data storage
1. Chemnitz is the agreed place of fulfilment.
2. We point out that customer data will be stored according to Federal Data Protection Act, and that upon ordering the customer declares his/ her consent to storing, processing and using the personal data in terms of the Federal Data Protection Act.
3. In transactions with foreign business partners, too, the laws of Germany shall apply.
§10 Validity of these conditions
Are these terms and fully or partially not part of the contract or become ineffective, this shall not affect the validity of the contract. Where the provisions are not part of the contract or become ineffective, the contents of the contract shall be in accordance with statutory provisions. The contract will only be ineffective, if adherence to it even after taking account of the statutory rules changes an unreasonable hardship for a contracting party.
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