General Terms and Conditions
§ 1 Scope of Application
(1) The General Terms and Conditions (GTC) of WE MAKE THINGS GmbH (hereinafter named „Fuse Protection“) shall apply to all contracts concluded by a consumer or a company (hereinafter jointly named „customer“) with Fuse Protection by using the website „www.fuse-protection.com“ and all other subdomains pertaining to this domain in regard of the goods and/or services presented thereon. Differing or customer-own terms and conditions only apply if they have explicitly been agreed by Fuse Protection. The incorporation of differing and/or customer-owned terms and conditions is hereby expressively objected to.
(2) Contracting party is the WE MAKE THINGS GmbH, Richard-Byrd-Straße 12, 50829 Cologne, Federal Republic of Germany. Fuse Protection is a protected business sign of WE MAKE THINGS GmbH as well as a registered trademark registered with the German Patent and Trademark Office.
(3) Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which are mainly neither attributed to his/her business activities nor to his/her self-employed occupational activities. Company in the sense of these CTC is any natural person or legal entity or business partnership having legal capacity acting during the conclusion of the legal transaction in the course of his/her regular business activities or on a self-employed basis.
§ 2 Conclusion of Contract
(1) The product representations contained in Fuse Protection are not binding offers but rather serve exclusively to make a binding offer by the customer.
(2) The customer can make the offer via the online ordering form integrated in Fuse Protection. In doing so the customer, after having deposited the chosen products and/or services in the virtual shopping cart and having concluded the electronic ordering procedure, makes a legally binding contractual offer in regard of the goods and/or services contained in the shopping cart by clicking on the button which concludes the ordering procedure. The customer can also make offers to Fuse Protection by phone, facsimile, e-mail or via regular mail.
(3) Fuse Protection may accept the customer’s offer within five (5) days by transmitting a written order confirmation or an order confirmation in textform (facsimile or e-mail) to the customer wherein insofar the date of receipt of the order confirmation by the customer shall be relevant.
(4) When an offer is made via the online ordering form from Fuse Protection the wording of the contract is saved by Fuse Protection and transmitted to the customer together with the subject GTC in textform (e.g. e-mail, facsimile or letter) after the customer has dispatched his/her order. In addition, the wording of the contract is archived on the web page of Fuse Protection and can be accessed free of charge by the customer by means of his/her password-protected customer account password based on the corresponding login data, provided the customer has generated a customer account in the online shop of Fuse Protection before dispatching his/her order.
(5) Before making a binding purchase order via the online order form of Fuse Protection the customer can continuously alter, adjust or correct his/her inputs via the keyboard or mouse functions. Before the dispatch of a binding purchase order all customer‘s inputs are once again displayed in a confirmation window and can still be altered, supplemented or corrected by means of keyboard and mouse functions at this stage.
(6) For concluding a contract only the German and English languages are available.
(7) The purchase order processing and contacting by Fuse Protection usually takes place via e-mail and/or automated purchase order processing. The customer shall ensure that the e-mail address provided for the purpose of purchase order processing is correct so that e-mails transmitted by Fuse Protection to this e-mail address can be received. In particular when using spam filters, the customer has to ensure that all e-mails sent by Fuse Protection or third parties authorized by Fuse Protection to carry out the purchase order processing can be safely delivered.
(8) Fuse Protection is not obliged to accept the customer’s offer. Fuse Protection shall inform the customer without delay about the rejection of the offer and/or the unavailability of the ordered goods and possibly reimburse payments already made by the customer. In such cases Fuse Protection reserves the right to offer the customer a substitute product which is equivalent in price and quality. The customer is not obliged to accept this offer from Fuse Protection.
(9) Fuse Protection does not accept a procurement risk, also not in case of a purchase contract concerning unascertained goods. Fuse Protection is only obliged to make deliveries from its own stock and of goods Fuse Protection has ordered from its suppliers. Fuse Protection’s obligation to deliver does not apply in cases where Fuse Protection itself has not been provided correctly or timely with the goods to be delivered despite an adequate and orderly matching cover transaction, and the unavailability is due to reasons not attributable to Fuse Protection, Fuse Protection has informed the customer about these facts without delay and Fuse Protection has not accepted a procurement risk. In case of an unavailability of goods Fuse Protection shall promptly reimburse a possible advance payment to the customer.
(10) The delivery time shall be extended adequately in case of circumstances adversely affecting the delivery by an act of force majeure. Circumstances of strike, lockout, governmental interventions, energy and raw material scarcity, transport shortages and obstruction of the firm through no fault of Fuse Protection such as fire, water or machine damages and all other obstructions which, when considered objectively, have not been caused by Fuse Protection are coequal with acts of force majeure. The beginning and end of such obstructions shall be promptly communicated by Fuse Protection to the customer. If the delivery obstruction in the aforesaid cases is longer than four (4) weeks after the originally valid delivery times the customer is entitled to cancel the contract. Any further claims, in particular for damages, do not exist.
§ 3 Right of Revocation
Consumers are entitled to a statutory right of revocation. More information about the right of revocation is found in the Statement of the right of revocation of Fuse Protection. For exercising his/her right of revocation the customer may use the revocation form deposited in the Fuse Protection or transmit any other request for revocation.
§ 4 Payment, Due-Date, Default of Payment
(1) As far as the product description of Fuse Protection does not include anything to the contrary, the given prices are lump sum prices comprising the legal value added tax in the amount presently valid in the Federal Republic of Germany. Additional delivery and forwarding expenses are separately stated in the corresponding product description.
(2) The customer may choose from the various payment options offered in Fuse Protection. The payment for the goods can be made by prepayment, by cash on delivery, PayPal, on account or by direct debit. The payment for the goods by cash on delivery is only possible where the place of delivery is within the Federal Republic of Germany. Fuse Protection reserves the right to accept or exclude certain payment options on an individual basis.
(3) When choosing the payment option “prepayment” the payment is due immediately after conclusion of the contract and has to be effected by the customer without delay.
(4) When choosing the payment option “cash on delivery” the customer undertakes to pay the purchase price on delivery of the goods.
(5) When choosing the payment option „delivery on account“ the purchase price becomes due after delivery and invoicing. In this case the purchase price is to be paid without discount within fourteen (14) days from receipt of the invoice, unless otherwise agreed. Fuse Protection reserves the right to carry out a solvency check when the payment option „delivery on account“ is chosen and to refuse this payment option in case of a negative result of the solvency check.
(6) When choosing the payment option “purchase by direct debit” the purchase price is immediately due for payment by direct debiting from the bank giro account at the bank supplied in the course of placing the purchase order. The advance information about the direct debit shall be sent to the customer at least one day before the due date by e-mail to the e-mail address supplied by the customer in the course of placing the purchase order. If the bank giro account does not have sufficient funds there is no obligation by the bank to redeem the debit. Partial payments are not acceptable via the direct debit system. By giving the details of the bank giro account the customer confirms that Fuse Protection is authorized to direct debit the corresponding bank giro account and that the bank giro account will have sufficient funds on the due date. Return debit notes result in a high effort and costs for Fuse Protection. In case of a return debit note (due to insufficient funds in the bank giro account, expiry of the bank giro account or unjustified objection by the account owner) the customer authorizes Fuse Protection to make another attempt to direct debit the due payment obligation. In such a case the customer is obliged to bear the costs resulting from the return debit note. Further claims are being reserved. The customer has the right to render evidence that the costs resulting from the return debit note are less or have not been incurred at all. In view of the high effort and costs for return debit notes the customer is requested by Fuse Protection to not object to the direct debit in case of a revocation or a withdrawal from the contract, a return shipment or a customer complaint. In such cases the return of payment by return remittance of the corresponding amount or by issuance of a credit note shall be effected after consulting with Fuse Protection.
§ 5 Delivery
(1) For the delivery of goods Fuse Protection is using the logistics service provider UPS.
(2) The delivery takes place by forwarding the purchased article to the delivery address supplied by the customer. When choosing the payment option „PayPal“ Fuse Protection can also forward the purchased article to the delivery address which the customer has deposited with PayPal at the time of payment. The delivery time for deliveries to Germany and Austria is 3 – 5 working days. In cases where the prepayment option is chosen, the term for delivery starts on the day after the payment instructions were given to the transferring bank and for other payment options it starts on the day after conclusion of the contract and expires at the end of the last day of the term. If the last day of the term falls on a Saturday, Sunday or a day which is a legal holiday at the place of delivery the following working day supersedes such a day.
(3) If the forwarding agent returns the forwarded goods to Fuse Protection because a delivery to the delivery address supplied by the customer was not possible, the customer shall bear the costs for the unsuccessful transportation. This does not apply if the circumstances leading to the fact that delivery of the delivery item has been impossible cannot be attributed to the customer or if the customer was temporarily prevented from accepting the delivery item, unless Fuse Protection had notified him/her about the delivery beforehand within an appropriate time period.
(4) If the customer acts as a company the risk of accidental perishing or deterioration of the sold goods passes onto the customer once Fuse Protection has delivered the purchased article to the forwarding agent, carrier or person or institution appointed to execute the conveyance. If the customer acts as a consumer the risk of accidental perishing or deterioration of the sold goods passes, as a matter of principle, only upon handing over the object of purchase to the customer or to an entitled receiver. This applies independently of whether the delivery is insured or not.
(5) The forwarding expenses per purchase order and delivery address amount to 6.00 € independent of the order value. For deliveries to addresses for dispatch outside the Federal Republic of Germany prices are applicable which arise from the supply and delivery information.
For deliveries against prepayment an additional amount of 3.00 € is charged. In case of purchase orders against prepayment Fuse Protection shall contact the customer in writing or by phone before the dispatch of the object of purchase.
(6) Goods which cannot be forwarded by ordinary mail due to their weight, volume or properties and condition (bulk goods) can only be delivered within the Federal Republic of Germany and to other countries upon prior written confirmation of Fuse Protection. Delivery of bulk goods to automated parcel deposit and collection stations is excluded.
For bulk goods Fuse Protection shall charge the actually incurred carrier costs as forwarding expenses. For purchase orders concerning bulk goods the customer has to supply a phone number where Fuse Protection and/or the forwarding agent responsible for delivery of the purchased article can reach the customer during the day in the time between 9:00 – 18:00 hours in order to coordinate the exact time of delivery.
§ 6 Reservation of Proprietary Rights
(1) Fuse Protection reserves ownership of the delivered goods towards consumers until full payment has been made.
(2) Towards companies Fuse Protection reserves ownership of the delivered goods until full payment of all accounts receivable from the present business relationship has been made.
(3) If the customer acts as a company, he/she is entitled to resell the goods subject to retention of title in adequate and orderly business operations. All receivables from third parties arising therefrom are assigned beforehand by the customer to Fuse Protection in the amount of the corresponding invoice value (including VAT). The assignment is valid irrespective of whether the goods subject to retention of title were resold before or after processing. The customer remains entitled to collect the receivables after the assignment. Fuse Protection will not collect the receivables as long as the customer fulfills his/her payments obligations, is not in default and has not submitted a petition to institute insolvency proceedings.
§ 7 Prices
(1) The prices specified for the purchase articles are EURO-prices. The specified price is inclusive of VAT in the amount presently valid in the Federal Republic of Germany. The specified price is exclusive of forwarding and delivery expenses. The forwarding and delivery expenses are added to the price stated for the purchase article.
(2) The price provided in the purchase contract is valid.
(3) Upon updating the web page „www.fuse-protection.com“ all former prices and other information about the purchase article become invalid, unless at this point of time an effective purchase contract has been concluded between Fuse Protection and the customer. Only the prices and description of the purchase article at the time of conclusion of the contract are valid.
§ 8 Warranty for Defects
(1) For consumers the statutory warranty for defects applies.
(2) For contracts between Fuse Protection and companies:
a minor defect, as a matter of principle, does not substantiate any claims for warranty for defects;
Fuse Protection has the choice of the kind of supplementary performance;
the period of limitation for defects in new goods is one year after the passing of risk;
rights and claims because of defects in used goods are, as a matter of principle, excluded;
the period of limitation does not start again when a compensation delivery is made under the warranty.
If the customer is a merchant in the sense of § 1 German Commercial Code the provisions of the Commercial Code apply, including the duty of a merchant of examination and notice of non-conformity purs. to sec. 377 German Commercial Code. If the duty of examination and notice of non-conformity is not fulfilled in an orderly manner the goods are considered approved.
§ 9 Applicable Law, Place of Jurisdiction
(1) All legal transactions and legal relations between Fuse Protection and the customers are subject to the laws of the Federal Republic of Germany.
(2) Neither the United Nations Convention on Contracts for the International Sale of Goods CISG) nor any other international conventions, even if incorporated into German law, apply. For contracts with consumers this choice of law is only applicable insofar as that the protection accorded compulsively by the provisions of the laws of the country where the customer has his/her main residence, will not be denied to the customer.
(3) For contracts with companies, the place of jurisdiction for all legal disputes in regard of these terms and conditions and for the purchase contracts concluded there under, inclusive of actions on a bill of exchange or on a cheque, shall exclusively be the place of business of Fuse Protection in Cologne, Germany. Fuse Protection is also entitled to file a lawsuit at the customer’s place of business.
§ 10 Modifications of the General Terms and Conditions
(1) Fuse Protection is entitled to modify these general terms and conditions during ongoing business relationships, as far as these modifications become necessary to correct a disturbance of equilibrium or to adjust to altered legal or technical general conditions. Fuse Protection shall inform the customer about a modification of the general terms and conditions by transmitting a version of the general terms and conditions which are valid from then onward. The modification will become a binding integral part of the contract in all subsequent contracts with the customer unless the customer objects within six (6) weeks after receipt of the modification notification to the incorporation of the new general terms and conditions in the contractual relationship with Fuse Protection in written form (original signature) or textform (by email, telefax etc.).
§ 11 Severability Clause
(1) Should individual provisions of this contract, including the subject general terms and conditions, be or become entirely or partially invalid or should the contract have an unforeseen gap the effectiveness of the contract and the remaining provisions shall remain unaffected. In place of the invalid or missing provision the statutory provisions shall apply.