General Terms and Conditions (GTC) of Fridolin GmbH

All deliveries and other services are provided exclusively on the basis of the following terms and conditions of sale and delivery. Deviating terms and conditions of the buyer that are not expressly acknowledged by the seller shall not be binding, even if the seller does not expressly object to them.
The incorporation and interpretation of these terms and conditions of sale and delivery, as well as the conclusion and interpretation of legal transactions with the buyer, shall be governed exclusively by the law of the Federal Republic of Germany. The application of the Uniform Law on the Formation of International Sales Contracts for Movable Goods, the Uniform Law on the International Sale of Goods, and the UN Convention on Contracts for the International Sale of Goods is excluded.
Oral agreements and collateral agreements require written confirmation by the seller to be legally effective.
The place of jurisdiction shall be the court having jurisdiction over the seller’s registered office. The seller is also entitled to bring action before a court having jurisdiction over the buyer’s registered office or branch office.

Offers in our shop do not constitute binding offers; they are merely invitations to submit an offer. Errors and mistakes shall therefore not give rise to any obligation to perform.
Delivery dates are binding only if they have been confirmed in writing.
Delivery is ex works Herrenberg, Germany, including in the case of carriage prepaid delivery.
Delivery is made only against advance payment.
The applicable shipping costs are set out on the Payment & Shipping page.

Prices are ex works plus shipping costs. Payment is made exclusively by advance payment. The applicable payment terms are set out on the Payment & Shipping page.

If the purchase is a commercial transaction for both parties, the buyer must inspect the goods without undue delay, i.e. within 14 days after receipt, and notify any visible defects in writing, stating the invoice number, invoice date, and customer number. Otherwise, Sections 377 et seq. of the German Commercial Code (HGB) shall apply.
Warranty claims are limited to subsequent performance. If subsequent performance fails, the buyer shall be entitled, at its discretion, to demand a reduction of the purchase price or rescission of the contract.
Any further claims of the buyer, insofar as they do not result from a guarantee, are excluded. This shall not apply in cases of intent, gross negligence, or breach of material contractual obligations by the seller.
Warranty claims shall become time-barred two years after delivery of the goods.

Set-off and retention rights are excluded unless the counterclaims are undisputed or have been finally adjudicated.
Risk shall pass to the buyer as soon as the seller has made the goods available to the buyer and has notified the buyer thereof.

The seller retains title to the delivered goods until full payment has been received. The retention of title shall also apply until all claims arising from the business relationship between the buyer and the seller, including future and conditional claims, have been satisfied.
The buyer is not entitled to assign the goods by way of security or to pledge them, but is entitled to resell the reserved goods in the ordinary course of business. The claims arising therefrom against its business partners are hereby assigned to the seller; the seller accepts this assignment.
The buyer shall notify the seller without delay of any access by third parties to the reserved goods or assigned claims.
The seller is entitled to assert its retention-of-title rights without rescinding the contract.

Claims for damages by the buyer are excluded. This shall not apply in cases of intent, gross negligence, breach of material contractual obligations by the seller, or the assumption of a guarantee.

The invalidity of individual provisions of this contract or parts thereof shall not affect the validity of the remaining provisions. Within the bounds of reasonableness and good faith, the contracting parties shall replace any invalid provision with a valid provision that comes as close as possible to its economic purpose, provided this does not result in a material change to the content of the contract.