General Terms and Conditions
1. Scope
For all legal transactions conducted through the Fischer Furniture Shop between the
Fischer Möbel GmbH, Dieselstraße 6, 73278 Schlierbach,
Managing Director Will Seyfang, HRB 531104 District Court of Ulm,
VAT Identification No. DE 145557051, Tax No. 63002/90004 Tax Office Göppingen
- hereinafter referred to as "Fischer Möbel" -
and the customers referred to in Section 2 of the following GTC
- hereinafter referred to as "Customer" -
the following General Terms and Conditions in their version valid at the time of the order shall apply exclusively. Unless otherwise expressly agreed in writing, differing conditions of the customer will not be recognised.
2. Definitions
Customer in the sense of these terms and conditions includes both consumers and entrepreneurs. Consumers in the sense of the terms and conditions are natural persons who enter into contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs in the sense of the terms and conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding a contract with Fischer Möbel.
3. Conclusion of the Contract
With your order, you are making a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation via email or by delivering the ordered goods. Initially, you will receive a confirmation of the receipt of your order via email to the email address you provided (receipt confirmation). However, a purchase contract is only concluded with the dispatch of our order confirmation via email to you or with the delivery of the ordered goods.
The ordering process through our online shop consists of a total of 5 steps.
(1) When you have found the desired goods, detailed information about the goods will be displayed by clicking on the product name or product image. By clicking the button "Add to Cart/ Save", you can place the goods in your shopping cart. You can view, change, or delete the contents of the shopping cart by clicking the button "Your Cart". You can specify the desired quantity of goods in the field "Quantity". If you wish to purchase the items in the cart, please click the button "Checkout". Alternatively, you can access the dealer search via the button "Dealer Inquiry". Here you can choose a dealer near you and contact one of our dealers directly by clicking the button "Inquire with Dealer" and entering your contact details. To send your non-binding inquiry to the selected dealer, click the button "Inquire".
(2) If you have decided to purchase the items in your shopping basket and have clicked on the button "to checkout", you can either register with a customer account by clicking on the button "To Registration Form", log in with an existing customer account using the fields "Username" and "Password", or continue as a guest without registration by clicking on the button "To Delivery and Billing Address". Please now enter your customer details including billing address and, if applicable, a different delivery address, and confirm your entry by clicking on the button "Continue".
(3) In the third step "Delivery Method", you choose which shipping method you prefer and confirm your selection by clicking on the button "Continue".
(4) In the fourth step "Payment", you choose how you would like to pay and confirm your selection again by clicking on the button "Continue".
(5) In the final step "Summary", you have the opportunity to review all details (e.g. name, address, payment method, ordered items) once more and, if necessary, correct them (using the button "Back" or by clicking on the steps listed above). You also have the option to view the General Terms and Conditions before you submit your order to us by clicking the button "Order with Payment Obligation". However, the application can only be submitted and transmitted if the customer accepts the contractual conditions by clicking in the box next to the button "I have read, understood and accepted the GTC." and thus includes it in their application. You will then receive a separate order confirmation. Only through the order confirmation does the contract with Fischer Möbel come into effect.
4. Storage of the contract text
We will save the contract text of your order. You can print this before sending your order to us by clicking on "Print" in the last step of the order. We will also send you an order confirmation as well as an order acknowledgment with all order details and our General Terms and Conditions to the email address you provided.
5. Retention of Title
The delivered goods remain the property of Fischer Möbel until all claims have been fully paid.
6. Prices, Shipping Costs, Return Costs in Case of Withdrawal
All prices stated are final prices, they include the statutory value-added tax. Partial freight costs apply according to our shipping cost overview. If delivery to you is not possible for reasons that you, as the customer, are responsible for (e.g. absence despite prior appointment arrangement, lack of delivery possibility – e.g. no place to leave the goods -), the buyer bears the additional costs for the unsuccessful delivery attempt.
7. Delivery Conditions
The delivery times stated in the offer apply, starting from the receipt of payment. For payment by direct debit, the delivery times begin with the acceptance of the contract by the company. We deliver to Germany and all EU countries with the exception of Great Britain. The goods are delivered free to the curb, or in the case of parcel service shipments, to the door.
The goods are usually delivered disassembled and unassembled in cardboard packaging. The carrier is not obliged to assemble the goods and is also not obliged to deliver the goods to the terrace or to the house or inside the house. The disposal of packaging is carried out through municipal recycling centres/collections. We are affiliated with the packaging disposal company Interseroh.
8. Payment Terms
Payment can be made optionally in advance by bank transfer, via PayPal, by credit card, or cash on delivery. We reserve the right to exclude certain payment methods.
(1) If you choose the payment method in advance, we will provide you with the bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
(2) If you choose the payment method PayPal, the invoice amount will be paid through the online payment provider PayPal. The customer will be redirected to the PayPal website, www.paypal.de. The customer must be registered with PayPal or may need to register for the first time, then authenticate with their access data at PayPal and confirm the payment instruction to Fischer Möbel. The "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.A. in their respective valid version apply, which can be accessed at www.paypal.com. Shipping will occur after payment confirmation from PayPal.
(3) If you choose the payment method credit card, the invoice amount will be charged to the customer's credit card upon submission of the order by the customer. The customer is responsible for ensuring sufficient coverage of the specified account. They may be liable for any costs incurred due to a chargeback of the payment transaction due to insufficient account coverage or due to incorrectly transmitted bank details by the customer.
(4) If you choose to pay by cash on delivery, additional fees of 5.90 EUR will apply for deliveries within Germany and 14.00 EUR for cash on delivery deliveries to Austria. Cash on delivery shipping to other countries is not possible. Payment by cash on delivery is only possible against cash payment.
9. Data Protection
Data Collection: In the initiation, conclusion, processing, and reversal of a purchase contract, we collect, store, and process data in accordance with legal regulations. When you visit our online offering, the currently used IP address of your PC, date and time, browser type, and operating system of your PC, as well as the pages you view, are logged. However, we cannot draw conclusions about personal data from this and it is not intended. Your personal data is protected during transmission to our online shop and further to us using a secure encryption technique, SSL encryption (Secure Socket Layer Technology).
By opening a customer account (customer registration), you consent to the storage of your personal data such as name, address, email address, and bank details, as well as your usage data (username, password). This gives you the opportunity to order from us using your email address or customer number along with your personal password.
By signing up for the newsletter, your first name, last name, and email address will be used with your consent for our own advertising purposes. The newsletter is sent by us. The consent to receive a newsletter via email can be revoked at any time, without incurring any costs other than the transmission costs according to the basic tariffs.
10. Final Provisions
(1) If one or more provisions of these terms and conditions are invalid, the contract shall remain valid in all other respects. To the extent that the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Fischer Möbel shall be the registered office of Fischer Möbel.
(3) The contract shall remain binding even if individual points are legally invalid in its other parts. Instead of the invalid points, the statutory provisions shall apply, where available. However, if this would represent an unreasonable hardship for one party to the contract, the contract shall be invalid as a whole.
Status: August 2015