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GTC

General terms and conditions with customer information

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of promotion vouchers
  9. Redemption of gift vouchers
  10. Bonus points
  11. Applicable law
  12. Place of jurisdiction
  13. Code of Conduct
  14. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Georg Fischer GmbH (hereinafter referred to as "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise agreed.

1.3 Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity.

1.4 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the online store of the seller. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail or post.

2.3 The seller can accept the offer of the customer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or - if the customer does not have a PayPal account - subject to the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en_DE. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.7 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.

2.8 For the conclusion of the contract the German language is available.

2.9 The order processing and contacting usually take place via e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received under this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the online store of the seller.

4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information about the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/.

4.5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.

4.6 If the payment method SEPA direct debit is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of a negative credit check.

4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the receivables on his behalf. PAYONE GmbH collects the invoice amount from the specified credit card account of the customer. The credit card will be charged immediately after the customer's order has been sent in the online store. The Seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method credit card payment via PAYONE GmbH is selected.

4.8 If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information as well as the terms and conditions of Klarna in this regard can be found in the payment information of the Seller, which can be viewed at the following Internet address:

https://www.fischer-wolle.de/en/payment-methods

5) Delivery and shipping conditions

5.1 If the Seller offers to ship the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the Hinsendung if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

- postal

5.7 We bear the direct costs of returns.

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur

  • the seller has the choice of the type of subsequent performance;
  • in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
  • in the case of used goods, the rights and claims for defects are excluded;
  • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period shall not apply to

  • to claims for damages and reimbursement of expenses of the customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claim that may exist shall remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

7.7 The seller assumes no liability for the use of different lot numbers and can give no guarantee that the same lot numbers are available for any subsequent orders. Therefore, when purchasing, make sure that the quantity is sufficient.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Several promotional vouchers can be redeemed for one order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.

8.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

9) Redemption of gift vouchers

9.1 Gift Vouchers that can be purchased through the Seller's online store (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiration date.

9.3 Gift certificates can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can also be redeemed for one order.

9.5 Gift certificates can only be used for the purchase of goods and not for the purchase of additional gift certificates.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10) Bonus points

With your online order (except for your online order by "guest", without registration) you automatically participate in our bonus points program. For each whole Euro amount of the order value (excl. shipping costs & after deduction of discounts) you receive 1 bonus point. The collected bonus points can be redeemed at a next online order, here 1 bonus point corresponds to 0.01 €. Please also note our terms and conditions of participation, with which you have agreed, if you have confirmed these terms and conditions with your purchase.

11) Applicable law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

12) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

13) Code of Conduct

14) Alternative dispute resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

ENV: PROD