General Terms And Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (FRENCHMAN GmbH) via the website dev.frenchman-marine.eu. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time.

After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as the payment and shipping terms, the order data will be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment provider.

If redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview either on the website of the instant payment provider or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review, modify (also via the “back” function of your internet browser), or cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “place order with costs,” “pay” / “pay now,” or similar designation), you legally declare acceptance of the offer, thereby concluding the contract.

(4) Order processing and transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”

If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment processing is carried out by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed under a correspondingly designated button on our website and during the online order process. “PayPal” may use other payment services for processing; if special payment conditions apply, you will be informed separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Stripe”

If you select a payment method offered via “Stripe,” payment processing is carried out by Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are displayed under a correspondingly designated button on our website and during the online order process. “Stripe” may use other payment services for processing; if special payment conditions apply, you will be informed separately. Further information about “Stripe” can be found at https://stripe.com/de.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following additionally applies:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before ownership of the reserved goods passes, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer’s product description are deemed agreed as the condition of the goods, but not other advertising, public promotions, or statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by repair or replacement. If defect rectification fails, you may, at your discretion, demand a reduction or withdraw from the contract. Rectification is deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the goods, the defect, or other circumstances. In the case of repair, we do not bear increased costs arising from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction does not apply:

• to damages attributable to us arising from injury to life, body, or health and to other damages caused intentionally or by gross negligence;

• if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;

• to items used for a building in accordance with their usual purpose and which have caused its defectiveness;

• to statutory recourse claims you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The place of performance for all services arising from our business relationships and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to bring an action before another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the Seller

FRENCHMAN GmbH
Südstraße 40
49084 Osnabrück
Germany
Phone: +4954150797431
E-Mail: mail@frenchman-marine.eu

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1 Contract language is German.

3.2 The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

4.1 We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG, available at https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Terms

6.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2 Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process, and must be borne by you in addition, unless free shipping has been promised.

6.3 Any costs incurred for money transfers (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU Member State but payment was initiated outside the European Union.

6.4 The available payment methods are indicated under a correspondingly designated button on our website or in the respective offer.

6.5 Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.

7. Delivery Conditions

7.1 The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2 If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Customer Information were created by lawyers specializing in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. Further information can be found at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22.10.2024