Terms and Conditions and Customer Information

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Contents

I. Terms and Conditions
1. Company, Customers and Scope of Applicability
2. Conclusion of the Contract
3. Right of Revocation
4. Prices, Shipping Charges and Terms of Payment
5. Terms of Shipment and Delivery, Reservation as to Oneself Obtaining the Supplies
6. Liability for Defects
7. Retention of Title and Right of Retention
8. Liability
9. Applicable Law and Place of Jurisdiction
10. Final Provisions

II. Customer Information according to Distance Selling Regulations
1. Identity of the Seller
2. Main Characteristics of the Goods or Services
3. Technical Steps Leading to an Entry into Contract
4. Storage and Accessibility of the Wording of the Contract
5. Technical Means to Recognize and Correct Input Errors before Entering into the Contract
6. Languages Available for Entering into the Contract
7. Business Conduct Guidelines of the Company


I. Terms and Conditions

1. Company, Customers and Scope of Applicability

1.1
These terms and conditions apply to every contract concluded by customers by means of the Duplo Composite Horseshoes online shop which is operated by Duplo Composite Horseshoes, H. Frank Kunststofftechnik GmbH, Vorderfreundorfer Straße 20, D-94143 Grainet, Commercial Register: Amtsgericht Passau HRB 8803, herein after referred to as "Duplo Composite Horseshoes".

1.2
Consumers and entrepreneurs can both be customers in the meaning of subsection 1.1.

1.3
A customer within the meaning of these terms and conditions means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession (§ 13 German Civil Code BGB).

1.4
An entrepreneur within the meaning of these terms and conditions means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (§ 14 German Civil Code BGB).

1.5
Duplo Composite Horseshoes exclusively ships goods to the countries that are listed under the shipping details.
Shipping Details

2. Conclusion of the Contract

2.1
The product presentations in the online shop of Duplo Composite Horseshoes are no binding offers. The product presentations indicate which products are available and are intended to encourage the customer to submit a binding purchase offer.

2.2
The customer can submit his offer
* in written form
* by fax
* by telephone
* by e-mail
* online by means of the shopping cart system which is integrated in the online shop of Duplo Composite Horseshoes.

2.3
During the ordering process by means of the shopping cart system, the customer can check the content of his shopping cart at any time. The customer can remove products from his shopping cart at any time. The customer can use the usual functions of browser, mouse and keyboard in order to correct input errors.

2.4
Before submitting his order by means of the shopping cart system, the customer is asked to check his data, to accept these terms and conditions and to correct input errors. By submitting the order form by clicking the "confirm order" button, the customer submits a binding purchase offer for the chosen product.

2.5
Instantly after receiving the customer's purchase offer, Duplo Composite Horseshoes will send a confirmation to the customer by e-mail. This confirmation is not an acceptance of the purchase offer.

2.6
Duplo Composite Horseshoes can accept the customer's purchase offer within three workdays
* by sending a written order confirmation or
* by sending an order confirmation in written form by e-mail or by fax or
* by sending a payment request.
The period commences at the day the customer has submitted his purchase offer. The receipt of the order confirmation by the customer is material to complying with the time limit.

2.7
The customer has to make sure that the e-mail address used for the ordering process is valid and can be used to receive e-mails sent by Duplo Composite Horseshoes. If using a spam filter, the customer has to make sure that all e-mails sent by Duplo Composite Horseshoes or by third parties charged with the order processing by Duplo Composite Horseshoes can be received.

3. Right of Revocation

As a matter of principle, consumers are entitled to a right of revocation. Further information on the right of revocation results from the Notification Regarding Revocation by Duplo Composite Horseshoes.

4. Prices, Shipping Charges and Terms of Payment

4.1
Unless otherwise specified, the prices stated on the product sites include the legal value-added tax and other price components. The prices stated on the product sites do not include shipping charges. The incurring shipping charges are separately stated.
Information about Shipping Charges

4.2
The payment methods offered by Duplo Composite Horseshoes result from the information given in the online shop.
Information about Payment Methods

4.3
If prepayment or Paypal is agreed upon, payment is due immediately after the conclusion of the contract. The order will be shipped as soon as the payment will have arrived.

4.4
If SEPA Direct Debit is agreed upon, the customer revocably authorizes Duplo Composite Horseshoes to debit the account specified by the customer with the amount due. The account will be debited 14 days after the date of the invoice. If the amount due cannot be collected because the account is not covered or because the bank details provided by the customer are not correct or because the customer revokes the payment even though he is not authorized to do so, the customer has to bear the charges incurred by the bank for the returned direct debit if he is responsible for the return of the direct debit.

5. Terms of Shipment and Delivery, Reservation as to Oneself Obtaining the Supplies

5.1
The delivery time results from the product presentation or the delivery time stated in the shopping cart respectively. The delivery time commences
* the workday after the customer having effectively entered a bank transfer in case of prepayment or
* the workday after the conclusion of the contract in case of any other payment method.

5.2
If not expressly otherwise agreed, Duplo Composite Horseshoes determines the appropriate mode of shipment and the transport company at the reasonably exercised discretion.

5.3
The goods are delivered to the shipping address specified by the customer.

5.4
If the delivery to the customer is impossible and the transport company returns the shipped goods to Duplo Composite Horseshoes, the customer bears the charges for the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of the delivery or if the customer has temporarily been prevented from receiving the offered service, unless Duplo Composite Horseshoes has notified the service to the customer a reasonable period of time in advance.

5.5
With the delivery of the sold goods, the risk of accidental destruction and of an accidental deterioration passes to the customer or another person entitled to receive. However, if the customer acts as entrepreneur, the risk of accidental destruction and of an accidental deterioration in the case of sales shipment passes to an appropriate transport person as soon as the goods have been shipped from the business premises of Duplo Composite Horseshoes.

5.6
If the product ordered is not available because the supplier has not supplied Duplo Composite Horseshoes with this product without reason of fault of Duplo Composite Horseshoes, Duplo Composite Horseshoes may revoke the contract. In this case, Duplo Composite Horseshoes will immediately inform the customer and reimburse the customer without undue delay for performance rendered.

5.7
For logistic reasons, the customer can only collect goods from the business premises of Duplo Composite Horseshoes according to prior agreement.

6. Liability for Defects

If the product sold is deficient, the statutory provisions apply. However, these are the differing provisions for products that have been used for a building other than in accordance with the normal way they are used and have resulted in the defectiveness of the building:

6.1
If the customer acts as entrepreneur, the statutory provisions apply with the following modifications:
* As a matter of principle, a trivial defect does not create a claim for defects.
* Duplo Composite Horseshoes may choose the nature of the cure.
* The standard limitation period of the claim for new goods is one year and commences upon the passing of the risk.
* As a matter of principle, the rights and claims of the customer due to a defect are excluded in the case of used goods.
* The standard limitation period does not commence again if there is a compensation delivery in connection with the liability for defects.

6.2
If the customer acts as consumer, the standard limitation period for claims for defects is
* two years, commencing with the delivery of the good to the customer, in case of new goods.
* one year, commencing with the delivery of the good to the customer, in case of used goods, in combination with subsection 6.3.

6.3
For both entrepreneurs and consumers, the following provision applies: The above limitations of the liability and the limitation period (see subsection 6.1 and subsection 6.2) do not relate to claims for damages and reimbursement of expenses which the customer may assert in accordance with the statutory provisions on account of defects of the work that are subject to the provisions of section 8 of these terms and conditions.

6.4
If the customer is an entrepreneur, then furthermore the statutory limitation period for recourse claims under § 478 German Civil Code (BGB) is unaffected. For both entrepreneurs and consumers, the same applies in the case of intentional breach of duty and fraudulent concealment of a defect.

6.5
If the customer acts as mercantile trader under § 1 German Commercial Code (HGB), he bears the burden of mercantile examination and notification of defects under § 377 German Commercial Code (HGB). If the customer does not comply with the duties regulated therein, the goods shall be deemed to be approved.

6.6
If the cure has occurred by means of a replacement delivery, the customer is obliged to return the goods delivered first to Duplo Composite Horseshoes within 30 days at the cost of Duplo Composite Horseshoes. The customer has to return the defective goods under the statutory regulations.

7. Retention of Title and Right of Retention

7.1
In relation to consumers, Duplo Composite Horseshoes reserves the ownership of the delivered goods for the period until the purchase price is paid in full.

7.2
In relation to entrepreneurs, Duplo Composite Horseshoes reserves the ownership of the delivered goods for the period until all claims on the basis of a current business relationship are completely settled.

7.3
Before the passing of ownership, it is not permitted to pledge or assign as security or process or redesign without the approval of Duplo Composite Horseshoes.

7.4
The customer can only exercise the right of retention insofar as the claims originate from the same contractual relationship.

8. Liability

8.1
Duplo Composite Horseshoes is unlimitedly liable on every legal basis
* for intentional or negligent injury to life, body or health,
* for intent and gross negligence,
* on the basis of a promise of guarantee if no other provision has been agreed upon, and
* on the basis of mandatory liability under the Product Liability Act.

8.2
Apart from this, Duplo Composite Horseshoes is only liable in the case of breach of a fundamental contractual duty if the duty has to be performed in order to properly perform the contract and if the other party of the contract can regularly rely on the performance of the duty (cardinal duty).

8.3
Apart from this, the liability of Duplo Composite Horseshoes is excluded.

8.4
The above provisions also apply with regard to the liability of Duplo Composite Horseshoes for its legal representative(s) or (a) person(s) used to perform an obligation.

9. Applicable Law and Place of Jurisdiction

9.1
The language of the agreement is German.

9.2
The existing purchase agreement between Duplo Composite Horseshoes and the customer, subject to mandatory international private-law provisions, is subject to the law of the Federal Republic of Germany and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.3
We are willing to participate in an out-of-court dispute resolution in front of an arbitration board. The responsible arbitration board is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
D-77694 Kehl
Phone: +49 (0)7851 / 7957940
Fax: +49 (0)7851 / 7957941
E-Mail: mail@verbraucher-schlichter.de
Internet: www.verbraucher-schlichter.de

9.4
The place of jurisdiction is D-Freyung if the customer is a mercantile trader within the meaning of § 1 (1) German Commercial Code (HGB) or a legal person under public law or a special fund under public law. In all other cases, Duplo Composite Horseshoes or the customer can bring the action to any court that is with jurisdiction over the claim on the basis of statutory regulations.

10. Final Provisions

10.1
If any provision of these terms and conditions is ineffective, the rest of the contract remains effective. Instead of the ineffective provision, the relevant statutory provisions apply.

10.2
These terms and conditions have been translated from the German terms and conditions. If any part of the translation is incorrect, the relevant provision of the German terms and conditions apply.

End of the Terms and Conditions


II. Customer Information according to Distance Selling Regulations

1. Identity of the Seller

H. Frank Kunststofftechnik GmbH
Vorderfreundorfer Straße 20
D-94143 Grainet

Phone: +49 (0)8585 / 9699982
Fax: +49 (0)8585 / 9699966
E-Mail: info@duplo-frank.de
Internet: http://www.duplo-frank.de

Company Registry: Bavaria District Court (Amtsgericht) Passau HRB 8803

The H. Frank Kunststofftechnik GmbH is represented by the managing director, Mr. Hubert Frank.

Tax Identity Number according to § 27 a Value Added Tax Act (UStG): DE 289 899 047

2. Main Characteristics of the Goods or Services

The main characteristics of the goods or services result from the product description provided by Duplo Composite Horseshoes.

3. Technical Steps Leading to an Entry into Contract

The contract between Duplo Composite Horseshoes and the customer comes into existence under the provision of section 2 of the above terms and conditions by Duplo Composite Horseshoes.

4. Storage and Accessibility of the Wording of the Contract

Duplo Composite Horseshoes stores the contract on the internal systems. Customers with a personal account can review the orders placed since the registration of the account. In all other cases, the order data are not available online after the placement of the order for security reasons.

5. Technical Means to Recognize and Correct Input Errors before Entering into the Contract

Before placing a binding order, the customer can correct his input at all times by means of the regular functions of keyboard and mouse. Furthermore, all given data are displayed in a confirmation window before the binding placement of the order. If the customer detects an error in his given data, he goes back to the previous window for the correction of the error and then reloads the confirmation window.

6. Languages Available for Entering into the Contract

For entering into the contract, the only languages available are German, English and French.

7. Business Conduct Guidelines of the Company

Duplo Composite Horseshoes is not subject to any business conduct guidelines.
 
Latest Update: 2017-02-16

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