General Terms and Conditions of FAAMA GmbH
Article 1. Introduction and scope
The following General Terms and Conditions (GTC) apply to all business relationships between the customer and FAAMA GmbH, Wittekamp 19, 30177 Hanover, (hereinafter referred to as FAAMA GmbH). This valid version of General Terms and Conditions (GTC) is decisive at the time the contract is concluded. These General Terms and Conditions (GTC) shall be applied exclusively, thus the customer points out any conflict or deviation on the terms and conditions, it should not be acknowledged, unless FAAMA GmbH has expressly agreed in written on their validity.
The customers of FAAMA GmbH and within the meaning of these terms and conditions can only be entrepreneurs, clubs and associations.
According to Article 14 BGB, an entrepreneur within the meaning of the GENERAL TERMS AND CONDITIONS (GTC) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with FAAMA GmbH, acts in the exercise of their commercial or independent professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and fulfill the liabilities. A customer who represents a public special fund is also considered an entrepreneur in this sense.
Article 2. Conclusion of contract, delivery and warranty
1. With his order, the customer submits a binding offer to FAAMA GmbH to conclude a contract with the appropriate content. Orders can be placed with FAAMA GmbH by telephone, in writing or electronically. The customer’s order represents a binding offer. Receipt of the order is confirmed immediately after it has been received by FAAMA GmbH. The purchase contract is only concluded when the goods are sent to the customer or when an order confirmation is sent (in writing or by e-mail). If the customer requests an offer for goods from FAAMA GmbH, FAAMA GmbH will send the customer a corresponding offer for the purchase of the goods in writing or by email. The customer can accept this offer by making a corresponding declaration of acceptance to FAAMA GmbH. In this respect, the contract is concluded by means of individual communication between FAAMA GmbH and the customer.
2. The goods are usually delivered within the period specified in the offer by a company commissioned by FAAMA GmbH (hereinafter referred to as the service provider) to the delivery address specified by the customer. The shipping costs incurred will be communicated to the customer with the order confirmation.
3. The customer must ensure that the goods are received at the specified delivery address and on the expected delivery day immediately after the delivery arrives, so that there are no delays for the deliverer.
If an ordered item cannot be delivered because FAAMA GmbH is not supplied by its suppliers through no fault of its own despite contractual obligations on the part of the supplier, FAAMA GmbH is entitled to withdraw from the contract. In this case, FAAMA GmbH will inform the customer immediately that the ordered item is no longer available and will immediately reimburse any services already rendered.
4. Force majeure, war, terrorism, suspicion of terrorism, riot, strike, lockout, disruption of the raw material and energy supply or other events which FAAMA GmbH cannot avert despite exercising reasonable care and which prevent the provision of the service, release FAAMA GmbH from the Delivery and performance obligation for the respective duration of these disruptive events.
5. Notification of Defects and Warranty
The legal warranty provisions apply for the limited items as following:
If the purchase is a commercial transaction for both parties, the customer must examine the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and if a defect is found, notify FAAMA GmbH immediately. If the customer fails to fulfil such liability, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. For any other event, Article 377 ff HGB is applied. The warranty period of the new goods is one year in the mutual commercial transactions, for used goods any claims of defect is not allowed.
FAAMA GmbH undertakes no liability for defects and damages caused by improper handling or storage of the goods by the customer.
The restriction or the aforementioned exclusion does not apply to the following cases:
a) Damages culpably caused by FAAMA GmbH resulting from injury to life, limb or health as well as other damages, provided that these are based on intent or gross negligence on the part of FAAMA GmbH.
b) In the case, FAAMA GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods.
c) Goods that are normally used for a building in accordance with their intended use and have caused the building to be defective.
d) In the case of statutory rights of recourse which you have against FAAMA GmbH in connection with defects.
Article 3. Retention of title and transfer of risk
1. The risk of loss or damage to the goods passes to the customer as soon as FAAMA GmbH has handed over the ordered goods to the service provider.
2. FAAMA GmbH retains ownership of the goods until all claims against the customer have been settled, even if the specific goods have already been paid for.
The customer must inform FAAMA GmbH immediately about enforcement measures by third parties in the goods subject to retention of title and hand over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform third parties in advance of the rights to the goods. The customer bears the costs of an intervention by the user if the third party is not able to reimburse them.
In the event of the resale or rental of the reserved goods, hereby the customer assigns to FAAMA GmbH the claims on the transactions under warranty, until all claims of FAAMA GmbH have been fulfilled.
If the goods subject to retention of title are processed, transformed or combined with another item, FAAMA GmbH acquires direct ownership of the item produced. These are considered reserved goods.
If the value of the security exceeds the claims of FAAMA GmbH against the customer by more than 20%, FAAMA GmbH must, at the customer’s request and at the discretion of FAAMA GmbH, release the securities to which FAAMA GmbH is entitled to a corresponding extent.
Article 4. Prices
The prices of FAAMA GmbH are net prices plus legal sales taxation, unless other condition has been declared.
Article 5. Payments and delays
1. Payments are made in advance or by the direct debit mandate of SEPA company, unless otherwise agreed individually.
2. If payment by invoice has been individually agreed, this must be paid within 14 days of receipt of the invoice without any deductions, unless it is agreed individually. In the case of payment by check or SEPA company direct debit mandate, the payment is only deemed to have been made when it is credited.
3. If the customer is in default of payment, the statutory regulations apply.
Article 6. Limitations of liability
In principle, FAAMA GmbH is only liable in the event of intent and gross negligence. FAAMA GmbH is also liable for the negligent breach of obligations if this has resulted in injury to life, body organ or health or if a guarantee or claim from the Product Liability Act is affected. FAAMA GmbH is also liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and user’s compliance is regularly relied. However, in the latter case, FAAMA GmbH is not liable for unforeseeable damages that are not typical in the contract. FAAMA GmbH is not liable for any trivial negligent breaches of other obligations. Also, the above limitations of liability apply to vicarious agents of FAAMA GmbH.
Article 7. Final provisions
1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
2. The exclusive jurisdiction for all disputes arising from the contractual relationship between the customer and FAAMA GmbH is the registered office of FAAMA GmbH, only if the customer is a merchant.
3. In any case, any of the clauses of these terms and conditions is wholly or partially ineffective, it does not affect the effectiveness of the remaining clauses.
4. Contract language is German. In the event of a dispute, the German version of these General Terms and Conditions shall be deemed effectively agreed.
End of the terms and conditions, if you have any questions, please contact us by email