General Terms and Conditions

1 General, applicability of the General Terms and Conditions

1. All offers, purchase contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as Customers) via our online shop www.wallenfels-eyewear.com (hereinafter referred to as the “Online Shop”), in person at our premises, by telephone and fax are subject to these General Terms and Conditions (hereinafter also referred to as “GTC”). We are:

FRANK3D GmbH

Wilhelmine-Reichard-Str. 7
80935 München
Geschäftsführer: Oliver Frank
Amtsgericht München, HRB 262074
Telefon: + 49 89 13010365
E-Mail-Adresse: info@wallenfels-eyewear.com
Internet-Adresse: www.wallenfels-eyewear.com

2. Our product range is aimed equally at consumers and entrepreneurs. For the purposes of these General Terms and Conditions,
a) a “consumer” is any natural person who enters into the contract for a purpose which can be attributed neither to his commercial nor to his independent professional activity (§ 13 of the German Civil Code – BGB) and
b) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity (Section 14 (1) BGB).
3. The customer’s terms and conditions of business shall not apply, even if we do not separately object to their validity in individual cases.

3 Prices and payment, acceptance and deemed acceptance

1. The prices for our products and services do not include the statutory value added tax. Customs duties and similar charges shall be borne by the customer.
2. The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has become res judicata.
3. We assume that our goods are delivered on the basis of purchase contracts pursuant to § 433 BGB (or § 651 in conjunction with §§ 433 ff. BGB). If the contract with a customer is to be qualified as a contract for work and services or if the law on contracts for work and services is applicable for other reasons, the customer is obliged to accept the work within 3 weeks after receipt of the goods. Acceptance shall be deemed equivalent if the customer does not accept the work within the aforementioned period, although he is obliged to do so.

5 Shipment and transfer of risk, retention of title

1. Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
2. We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us is therefore non-binding.
3. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
4. We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
5. The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.

6 Warranty

1.          If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we may choose between rectification of the defect or delivery of a defect-free item, whereby only by notification in text form (also by fax or e-mail) to the customer within three working days of receipt of the notification of the defect. We may refuse the type of subsequent performance chosen by the buyer if this is only possible at disproportionate cost.
2.          If subsequent performance pursuant to § 7 para. 1 fails or is unreasonable for the customer or if we refuse subsequent performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to claim damages or reimbursement of its futile expenses. The special provisions of § 8 of these General Terms and Conditions shall also apply to the customer’s claims for damages.
3.          The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery. If acceptance of the goods is necessary, the aforementioned periods shall commence upon acceptance.
4.          The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after they have been sent. The delivered goods shall be deemed to have been approved by the customer if a defect is not reported to us
a)          in the case of obvious defects, within five working days of delivery or
b)         otherwise within five working days after discovery of the defect.

8 Consumer right of withdrawal

4.          If you are a consumer (cf. § 1), you have a right of cancellation in accordance with and subject to the statutory provisions. The right of revocation does not exist for distance contracts
a)         for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date would be exceeded,
b)         for the delivery of audio or video recordings or of software, provided that you have unsealed the delivered data carriers.
5.          If you, as a consumer, make use of your right of revocation according to clause 1, you have to bear the regular costs of the return shipment.
6.          In all other respects, the right of withdrawal shall be governed by the provisions set forth in detail in the following

Cancellation policy

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us

FRANK3D GmbH
Wilhelmine-Reichard-Str. 7
80935 München

E-Mail-Adresse: info@wallenfels-eyewear.com
Internet-Adresse: www.wallenfels-eyewear.com

by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the model withdrawal form for this purpose, which we will send to you at any time on request. Of course, you are not obliged to use the sample cancellation form. You can also formulate the revocation yourself.

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of the revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us or to [insert here the name and address of the person authorised by you to receive the goods, if applicable] without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

– End of the cancellation policy –

10 Applicable law and place of jurisdiction

1.          The purchase contract existing between us and the customer shall be governed by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2.          If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in (place) shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship concerned. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.