Terms and ConditionsGeneral terms and conditions of the online store § 1 General
§ 1 General§ 1.1 The offer in business clients domain under
www.fantashion.de addresses itself exclusively to resellers and
customers from industry and trade and is to be used in their
independant, professional or commercial activity (traders).
§ 2 Offers and conclusion of contract§ 2.1 Offers from Fantashion are without engagement
and, if not otherwise determinated in the offer, binding only for the
duration of 10 days. With your order you give Fantashion a binding offer
to enter a contract with you. Customers´ orders are accepted through
the sending of an acceptance of order within 24 hours or through an
immediate delivery. § 2.3 Salespersons of the vender are not authorised to give verbally additional agreements or promises over the terms of the written contract. § 2.4 When you have found the product desired, you can see it more precisely and without commitment through a clic on the image or on the description of the item, or on the button [see details]. The clic of the button [Add to cart] allows you to put the item in the basket. You can see at any time and without commitment the content of the cart through a clic on the button [My cart]. You can remove the items from the cart or modify them while entering the number "0" and clicking on the button [Update shopping cart]. If you wish to buy the products in the cart, clic on the button [Checkout]. The minimum order value amounts to 50 €. The order process includes four steps. In the first step, you can see again the content of the cart, control or if necessary modify it. In the second step, you determinate under "payment method" the mode of payment and the billing address and accept our general terms and conditions. In the third step, you get a general view of your order data and you can control again, erase or modify under [Change] all data, inclusively delivery and billing address. You can also rectify a type error while navigating in reverse in the browser or abort the order process and start again from the beginning. To finalise your shopping, clic the buttton [Proceed to checkout]. Doing so, the order will be sent to us. In the last step, we send you a confirmation of order reception. § 2.5 We save your order and the order data entered. We send you all order data per E-Mail. You also have the possibility to print the order as well as our general terms and conditons before you send us the order. After all, you have access at any time to the orders you did through your customer account.
§ 3 Delivery§ 3.1 The delivery occurs via the postal route through DPD, UPS, DHL or another carrier within our discretion. The following prices (VAT included) are applied for costumers:
§ 4 Passing of risk§ 4.1 The risk is transfered to the customer at the latest with the delivery to the person in charge for transport, and this also when Fantashion took in charge the shipping costs. Unless otherwise agreed upon, packaging, dispatch route and means of tranport ly within the discretion of Fantashion. If wished, it is upon to the customer to contract a transport insurance. § 4.2 If the delivery is deferred as a result of circonstances for which the customer is responsible, the risk is transfered to the customer with the selection of the products to be delivered and the advice of readyness of shipment. § 4.3 In case of a delay in delivery, Fantashion is in either case entitled to exercice owing rights only after the determintion of a reasonnable extension of time about at least two weeks. Fantashion is not responsible, even by obliging agreed times and dates, for delays in delivery or performances because of force majeure or events which substantially make difficult or impossible for Fantashion the delivery or the supply of a service (for example strikes, lock-out, official directives etc.) also if they occur to suppliers of the vendor or to their preliminary suppliers. Fantashion is entitled to postpone the deliveries or performances up to the duration of obstruction plus a reasonable start-up period or to withdraw totally or in part from the contract because of the unfulfiled part. If the obstruction lasts more than three months, the customer is authorized after the determination of an appropriate grace period which cannot be shorter than two weeks, to withdraw from the contract because of the unaccomplished part of it. If the delivery time rolls over or if Fantashion gets free from their obligations, the customer cannot derive any claim for damages. Fantashion can only invoke the mentioned circonstances if they have informed the customer immediately. If Fantashion is responsible for the non-compliance of agreed and obliging times and dates, or is behind schedule, the customer is entitled to a compensation for delay in the amount of ½ % for each completed week of delay, but in total up to at the most 5 % of the invoice value for the deliveries and performances affected by the delay. Supplementary compensations are excluded, unless the delay is based on Fantashion gross negligence. § 4.4 Fantashion is entitled anytime to partial
performances and deliveries. The compliance of deliveries and
performances obligations through Fantashion postulates the punctual and
correct performance of obligations by the customer. If the customer is
in default of acceptance, Fantashion is entitled to ask for compensation
of the damage. The risk of an accidental deterioration or loss passes
to the customer from the beginning of the default of acceptance.
§ 5 Prices and payment§ 5.1 The prices mentioned in the confirmation of order of the vendor are authoritative, plus the respective value added tax (unless the customer from a foreign country has an international value added tax identification number) and shipping costs. Supplementary deliveries and performances will be invoiced separately. § 5.2 If the customer runs into delay of payment, Fantashion is entitled - without prejudice to other demands and rights - to invoice moratory interests amounting to 8 points of percentage over the base lending rate of the European Central Bank. Beyond that, possible outstanding (partial) payments become due immediately. Maturity date of the remainder of debt is also valid when bills with long maturity date are running. § 5.3 Unless otherwise expressly agreed, the purchase price and the remuneration for ancillary services fall due for payment with the handing over of the delivery item or rather with the completion of the provision of service or by display of the download possibility. The vendor is entitled to ask for reasonable payments on account for partial performances done. These payments on account fall due for payment by reception by the buyer of the respective invoice corresponding to the payment on account or partial payment. In case of delay, the vendor is entitled to assert the legal moratory interests. If the buyer is a trader, a corporate body under public law or with a special budget, the reimbursement of payments because of any unacknowledged counterclaim through the vendor is not admissible, just as little the set-off of those.
§ 6 Reservation of proprietary rights§ 6.1 Fantashion reserve themselves the rights of proprietary for delivery items until payment of the purchase price. In case of a customer behiavour contrary to contract, especially in case of delay of payment, Fantashion is entitled, after reminder, to claim for return and the customer is committed to restitution. The exercice of our reservation of proprietary rights and the garnishment of the item delivered shall not be considered as a rescission of contract, except when otherwise stipulated in written form by the vendor. § 6.2 In case of garnishment or other interventions by third parties, the customer has to inform Fantashion immediately in written form.
§ 7 Warranty, liability§ 7.1 Warranty takes place according to legal
stipulations. For all encountered defects during the legal warranty
period of two years from delivery, you have the legal right to
subsequent fulfilment (of your own choice: rectification or
replacement) and - subject to the fulfilment of the legal prerequisites -
the right to abatement or rescission as well as alongside the right to
compensation for damages. You have to concede us a total of two
attempts of rectification of a defect if you did not fix before an
appropriate extension of time that run out without any success. If the
rectification of defect wished is possible only with disproportional
costs, your receivables are limited to the other form of rectification.
§ 8 Protection of data privacy§ 8.1 Data collection
§ 9 Legal order, place of jurisdiction, contractual language§ 9.1 The law of the Federal Republic of Germany,
excluding the UN-Convention on Contracts for the International Sale of
goods from 11 April 1980 (CISG agreement of Vienna) is in force for the
GT&C and all legal relations between Fantashion and the customer. § 9.3 The contractual languages are german, english and french.
§ 10 Miscellaneous§ 10.1 A right of retention or set-off is due to the customer only if his counterclaims have been asserted legally binding, undisputed or accepted by Fantashion. Furthermore the customer is in this respect only entitled to exercise a right of retention if his counterclaim concerns the same contractual relationship according to § 273 BGB (German Civil Code). § 10.2 If individual clauses of these GT&C are inoperative, the validity remains in full force and effect as for the rest.
Last update: 03/2017 |