Scope and Definitions

The following General Terms and Conditions apply to all business relationships between us and our customers. The version valid at the time the contract is concluded shall apply.

Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity with whom we enter into a business relationship and who acts in the exercise of their trade, business or profession.

Conclusion of Contract

All offers/presentations of goods on the Internet are non-binding and do not constitute an offer. They merely constitute a non-binding invitation to the customer to place an order (invitatio ad offerendum).

Before submitting an online order, the General Terms and Conditions and the information on the right of withdrawal are made available to the customer. The customer may save and print them. The General Terms and Conditions are incorporated into the contract in accordance with the statutory provisions.

An order can only be placed and submitted if the customer accepts these General Terms and Conditions by clicking the corresponding button and thereby incorporates them into their offer.

By placing an online order for the desired goods, the customer submits a binding contractual offer. In the case of an online order, we will immediately confirm receipt of the customer's order, and the customer will receive the legally valid General Terms and Conditions in text form by email together with the confirmation of receipt. The confirmation of receipt does not yet constitute binding acceptance of the order.

When ordering the desired goods by fax or telephone, the customer submits a binding contractual offer. In the case of orders placed by telephone or fax, the contract is concluded only upon our express declaration of acceptance, in particular by means of an order confirmation, or upon dispatch of the goods. Statutory information obligations remain unaffected. Acceptance of a telephone order does not constitute binding acceptance.

FVD Brombacher GmbH will confirm receipt of the order. Such confirmation of receipt does not constitute binding acceptance of the order.

We reserve the right to make reasonable technical changes as well as changes to the form and/or color of the goods.

The following applies to all items, including clearance items: “While stocks last.”

The presentation of goods in the online shop does not generally constitute a binding offer.

Information regarding availability is subject to the actual stock level at the time of acceptance. FVD Brombacher GmbH is not obliged to deliver the item(s) immediately or at all. No legal entitlement to an item exists. Items and prices are updated regularly. No liability can be accepted for prices and/or items that have been overlooked, not updated or incorrectly updated. In such cases, no contract is concluded.

We are entitled to refuse acceptance of an order, for example after checking the customer's creditworthiness. We are also entitled to limit an order to quantities customary for a household.

The conclusion of the contract is subject to the reservation that, in the event that we ourselves are not supplied correctly or properly, we may refrain from performance or perform only in part. This shall apply only if we are not responsible for the failure to supply.

Retention of Title

We retain title to the goods and all claims, irrespective of their nature, until the purchase price has been paid in full. This also applies if the goods are further processed or mixed with items that do not belong to us. In the case of entrepreneurs, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.

The customer is obliged to treat the goods with due care for as long as the retention of title remains in effect. If maintenance and inspection work is required, the customer must carry this out regularly at their own expense.

The customer must notify us immediately in writing of any access to the goods by third parties, in particular enforcement measures, as well as any damage to or destruction of the goods. The customer must also notify us immediately of any change in possession of the goods or any change of their own address.

The customer shall compensate us for all damages and costs arising from a breach of these obligations and any intervention measures required as a result of third-party access to the goods.

In the event of conduct by the customer in breach of the contract, in particular default in payment, we are entitled to withdraw from the contract and demand the return of the goods.

Transfer of Risk

In the case of consumers, the risk of accidental loss and accidental deterioration of the goods generally passes to the consumer or a recipient designated by the consumer only upon delivery. The statutory exception applicable where the consumer independently commissions a carrier not designated by us remains unaffected.

In the case of entrepreneurs, the risk passes to the customer upon handover to the carrier in accordance with Section 447 of the German Civil Code (BGB).

The statutory provisions, in particular Sections 327 et seq. BGB, apply to the provision of digital products. No general transfer of risk upon crossing a network interface is agreed.

Return Shipping Costs

The customer bears the direct costs of returning the goods.

If the customer is unable to return the goods in whole or in part, or can return them only in a deteriorated condition, the customer may be required to compensate us for the loss in value.

Miscellaneous

FVD Brombacher GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Consumer information: For the purpose of the out-of-court settlement of consumer disputes, the European Commission established an Online Dispute Resolution platform (ODR platform) pursuant to Regulation (EU) No. 524/2013. The ODR platform can be accessed at:
http://ec.europa.eu/consumers/odr/

All information provided by us is non-binding. We expressly reserve the right to prior sale of the types and quantities stated by us as being in stock.

Quotations do not oblige us to accept an order.

Unless otherwise agreed, our prices are ex warehouse, excluding packaging, which is charged at cost.

Items/parts collected from our premises by the customer or their representative are excluded from exchange or return.

Delivery times are stated to the best of our knowledge but are not binding. Partial deliveries are permitted unless otherwise agreed.

If the customer does not specify particular shipping instructions, the goods will be shipped by the means of transport we consider appropriate at our reasonable discretion.

FVD Brombacher GmbH provides no guarantee for used or previously used parts.

All warranty services and consequential damages are excluded.

Inspection of used/core parts may, under certain circumstances, take several weeks. If the used/core part cannot be reconditioned, the deposit/core charge will not be refunded and will subsequently be added to the purchase price. The buyer bears the return shipping costs for used/core parts.

Furthermore, the buyer must ensure that all modifications and conversions to vehicles used on public roads are entered in the vehicle documents in accordance with the applicable statutory provisions. Any claims by the buyer or third parties against the seller arising from accidents of any kind are expressly excluded.

The above General Terms and Conditions also apply to deliveries abroad. German law and German jurisdiction shall apply exclusively to all legal matters arising from the business relationship. In the case of consumers who conclude the contract for purposes outside their trade, business or profession, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same applies if the customer has no general place of jurisdiction in Germany or if their place of residence or habitual residence is unknown at the time legal proceedings are commenced.

The place of performance for deliveries, services and payments for both parties shall be Freiburg im Breisgau. Deviating terms and conditions, in particular ancillary agreements, assurances by representatives and the customer's purchasing conditions, shall only be valid if acknowledged by us in writing.

If the customer is in default of acceptance, we are entitled to store the goods at the customer's risk and expense. For this purpose, we may also use a freight forwarding company or warehouse operator. For the duration of the default of acceptance, the customer shall reimburse the corresponding storage costs, without further proof being required, at a flat rate of 30% of the purchase price per month.

If, after expiry of an additional period granted to the customer, the customer refuses to accept the goods or declares that they no longer wish to accept them, we may claim damages for non-performance of the contract. We are entitled to claim, at our discretion, either a flat-rate amount of 30% of the agreed purchase price or compensation for the actual damage incurred.

In the case of used items, we reserve the right to demand reasonable compensation for loss in value resulting from intended use or installation.

The warranty period for used items is one year from delivery of the goods for both consumers and entrepreneurs.

When used goods are sold to entrepreneurs, liability for material defects is excluded. This exclusion does not apply in the event of:

- damage resulting from injury to life, body or health;
- intentional or grossly negligent breach of duty;
- fraudulent concealment of a defect;
- assumption of a guarantee.

Right of Withdrawal for Consumers / Withdrawal Instructions

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the goods. In the case of digital content that is not supplied on a physical medium (e.g. CDs), you may withdraw from the contract within fourteen days from the date the contract is concluded, without giving any reason.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement, for example by letter, fax, email or by using the withdrawal button provided on our website.

You may use the attached model withdrawal form or the withdrawal button on our website for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.

We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees as a result of this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or Premature Expiry of the Right of Withdrawal

The right of withdrawal does not apply or expires prematurely in the case of contracts:

- for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer's personal needs;

- for the supply of goods that are liable to deteriorate or expire rapidly;

- for the supply of alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;

- for services, if FVD has fully performed the service and, prior to placing the order, you acknowledged and expressly agreed that FVD may begin providing the service and that you will lose your right of withdrawal once the contract has been fully performed;

- for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

- for the supply of goods which, after delivery, have become inseparably mixed with other goods due to their nature;

- for the supply of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.

Electronic Withdrawal Function

You may also declare your withdrawal using the electronic withdrawal function provided on our website at www.fvd.net.

The electronic withdrawal function can be found at:
https://www.fvd.net/de/widerruf?#widerrufsformular

If you use this function, we will immediately confirm receipt of your declaration of withdrawal on a durable medium (e.g. by email), including the content of the declaration as well as the date and time of receipt.

You may, of course, continue to exercise your right of withdrawal by other means, for example by email or letter.

Final Provisions

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

If the customer is a consumer, the statutory provisions shall apply in place of any provision that is wholly or partially invalid.

If the customer is an entrepreneur, any wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.