St. Gilgen 15
1. General matters / validity
The present General Terms and Conditions of Business underlie all deliveries and services by Freeworker. Deviating and/or supplementary agreements shall require express written consent from Freeworker. Consent by e-mail shall suffice.
All quotations from Freeworker on the Internet site of freeworker.com are non-binding and subject to change without notice. Minor deviations and technical changes compared with our illustrations or descriptions shall be possible.
The contract shall come about by conclusion of the ordering process, confirmation of the order by Freeworker by e-mail and performance of the order.
3. Prices and payment terms
The prices stated on the Internet sites of Freeworker at the time of the order shall apply. All the prices stated are final prices in Euro and contain the statutory value added tax to the current amount of 19 per cent. Packaging and dispatch costs shall be charged separately in the confirmation of the order by Freeworker.
Freeworker accepts all the forms of payment offered in the confirmation of the order by Freeworker. Customer shall select its preferred form of payment personally. Costs (possibly) additionally caused by the form of payment shall likewise be charged additionally.
Offset of mutual claims shall only be possible with express written consent from Freeworker.
4. Delivery, delivery periods and dispatch costs
The goods shall be delivered to Customer by the third-party provider stated within the confirmation of the order by Freeworker (delivery services). Customer shall select its preferred form of dispatch itself. Dispatch costs shall be notified to Customer in the confirmation of the order by Freeworker. Goods on stock shall be dispatched within three working days of receipt of the payment.
For goods not in stock, the delivery period can be up to four weeks after receipt of the order. For the possibility of delivery, Freeworker shall be dependent on punctual delivery to itself. If delivery fails for reasons for which Freeworker is not answerable, Freeworker can withdraw from the contract. Freeworker engages to inform Customer thereof in good time. All and any payments made shall be reimbursed without delay. In such a case, no right to damages shall accrue to Customer.
Part deliveries shall be admissible to the extent that Customer does not obviously have no interest therein or they recognisably cannot be reasonably expected of it. In such a case, the costs of transport and packaging shall only be charged once.
5. Right of revocation and return
Non-corporate Customers within the EU have the right (§§ 355, 312 d BGB) to revoke his / her contractual statement in writing within 2 weeks of receipt of the goods (e.g. Letter, e-mail, fax). The period shall commence no earlier than the receipt of the goods and the revocation instructions in writing. The declaration of revocation has to be adressed to:
– Retourenlager –
Fax +49 (0)8105 – 27 27 29
Pursuant to § 312d IV German Civil Code, the right of return shall not exist in the event of audio, video or software data media from which the seal has been removed or for delivery of goods produced according to Customer’s specification (e.g. tailor-made articles). Payments made by the contracting partner shall be reimbursed by transfer to an account in Germany to be named by Customer within 5 working days of receipt of the returned goods.
Returns shall be sent to the aforementioned corporate address.
The Customer shall send back the goods or hand them over to us without undue delay. The Customer has to bear the direct cost of returning the goods. Freeworker may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods.
Freeworker reserves the right to demand indemnification for damaged goods. If Customer is answerable for a deterioration, destruction or other impossibility, it shall reimburse the reduction of value; §§ 351 and 353 German Civil Code shall not be applicable.
As far as possible, the goods shall be returned in the original packaging. If this is not possible, Customer must ensure a packaging which rules out damage to the goods. Customer shall be liable for damage to the goods to be put down to insufficient packaging.
Obvious defects (in particular damage, incorrect deliveries or deviations in quantity), transport damage or other defects must be notified to Freeworker in writing without delay, albeit no later than within a period of 14 calendar days of receipt of the goods. Notification by e-mail shall suffice.
6. Liability for claims from defects
Freeworker warrants that the goods sold are free of material and production errors and possess the contractually assured properties at the time of passage of risk. The statutory warranty period of two years from invoicing shall apply. Warranty shall not extend to wear and tear customary in operation or to normal deterioration.
Customer’s claims to damages, e.g. on account of non-performance, culpa in contrahendo, breaches of subsidiary contractual duties, subsequent damages from defects, damages from tort and for other legal reasons have been ruled out. As an exception herefrom, Freeworker shall be liable if an assured property is missing, in malice aforethought or gross negligence. Claims from the Product Liability Act shall not be affected.
If defects for which Freeworker is answerable occur and if replacement delivery is also defective in the event of replacement of the goods, the right to cancellation of the contract or reduction of the price shall accrue to Customer.
Freeworker shall assume no liability for the permanent and uninterrupted availability of shop.freeworker.com or for technical or electronic errors in the online offer.
7. Retention of title
All deliveries shall be made under retention of title. Until complete payment of the purchase price, the delivery goods shall remain property of Freeworker.
8. Place of jurisdiction
Freeworker’s headquarters are agreed as place of jurisdiction in the event of the contracting partner not having a general place of jurisdiction in Germany or moving its place of residence abroad or its place of residence not being known at the time of initiation of proceedings.
9. Dispute Settlement
Platform of the EU Commission regarding online dispute resolution: http://ec.europa.eu/consumers/odr/
Consumers have the possibility to use this platform for the settlement of her disputes. The consumer quarrel settlement law offers the possibility for the extra judicial quarrel settlement by intercalation of a consumer conciliation committee. Freeworker does not take partcurrently in such quarrel process.
With a view to all legal relationships from the present contractual relationship, the contracting parties agree applicability of the law of the Federal Republic of Germany, ruling out UN purchase law.
ALL CATALOGUE PRICES ARE WITHOUT GUARANTEE; SUBJECT TO CHANGES.