The following General Terms and Conditions of Business and Delivery apply to all contracts, deliveries and other services. I hereby expressly object to any deviating provisions of the contractual partner. All subsidiary agreements require written confirmation on our part. The company “Frollein von Sofa” is entitled at any time to change or supplement these general terms and conditions of business and delivery including all possible attachments with an appropriate period of notice. Orders which were received before such an amendment or supplement to the General Terms and Conditions are processed in accordance with the General Terms and Conditions of Business and Delivery valid up to this point in time.
All offers are non-binding. Small deviations and technical changes compared to my illustrations or descriptions are possible.
3. Delivery and payment
The terms of delivery and payment of “Frollein von Sofa” are stated in the order form. There is no minimum order quantity. All product prices of “Frollein von Sofa” include the legal value added tax of currently 19%. Frollein von Sofa” reserves the right to make a partial delivery if this appears advantageous for a speedy processing. A special form of shipment requested by the buyer will be charged with the customary local surcharge. Orders and deliveries are possible alternatively by prepayment or Paypal. Deliveries abroad take place exclusively with Paypal. With delay of payment on the part of the buyer the company “Frollein von Sofa” may assign its demands to a collection agency and transfer the personal data necessary for the payment completion to these third parties.
In the case of the involvement of third parties in the payment processing, the payment is only considered to have been made when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.
4. Delivery times
Goods which are in stock will be dispatched within 3 days. If the goods are not in stock when the order is placed, “Frollein von Sofa” will endeavour to fulfil the delivery as quickly as possible. If non-compliance with a delivery or service deadline is due to force majeure, industrial action, unforeseeable obstacles or other circumstances beyond the control of Frollein von Sofa, the deadline will be extended accordingly. In the event of non-compliance with the delivery period for reasons other than those stated above, the purchaser is entitled to set a reasonable extension period in writing with a threat of rejection and, after its unsuccessful expiry, to withdraw from the contract with regard to the delivery or service contained in the contract. If the impossibility of delivery is based on the inability of the manufacturer or a supplier, both “Frollein von Sofa” and the buyer can withdraw from the contract if the agreed delivery date is exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-fulfilment, also those which have arisen up to the withdrawal from the contract, are excluded. Unless a legal representative of the company “Frollein von Sofa” has acted intentionally or grossly negligent.
5. Right of return
“Frollein von Sofa” guarantees a right of return within 7 days for unused goods. The return is accepted only if it was sufficiently franked. The period begins at the earliest with receipt of the commodity and this instruction. The return deadline is met by the timely dispatch of the goods. The sales contract is dissolved with it and the purchase price is refunded to the buyer immediately, if this was already paid. The right of return is not valid for price reduced goods and on the occasion of special sales campaigns. According to §312d BGB there is no right of return for distance contracts for the delivery of goods that are made to customer specifications or clearly tailored to the personal needs of the buyer. This applies in particular to products which are provided with the designs (texts or motifs) of the buyer. The statutory warranty rights remain unaffected by this.
6. Transfer of risk
“Frollein von Sofa” assumes no liability for delays or damage to the delivery of goods caused by the shipping company. The risk is transferred to the buyer when the goods are dispatched.
“Frollein von Sofa” guarantees that the sold goods are free of material and manufacturing defects at the time of the transfer of risk and have the contractually warranted characteristics. Upon arrival, the purchaser must inspect the goods immediately for defects and quality. In the event that defects are discovered, these must be reported to the seller in writing within 10 days of discovery, as must hidden defects. Otherwise the warranty is void.