Terms and conditions
These terms and consitions shall apply to any and all contracts of the Finsterwalder GmbH, irrespective of their subject-matter, if and when the contract partner has received a copy of these terms and conditions for reference. Furthermore, they shall apply without express reference being made to them to any future business transactions once they have become the basis of a contract.
Any contract shall be confirmed by us in written form to become effective. Without such confirmation, a contract shall be deemed concluded upon delivery of the goods or upon rendering of the agreed service.
3. Prices, payment
The specified prices shall be ex works incl. VAT plus shipping costs, if not stated otherwise. We offer free shipping for orders from our webshop with a minimum order value of 50,00 € (within Germany) or 250,00 € (within the EU). Please see shipping & payment for information on the shipping costs if the value of goods is lower. Our price lists valid at the time of concluding a contract shall exclusively apply. Unless otherwise agreed, we shall deliver the goods against cash payment or prepayment. The purchase price is due and payable with delivery of goods and is to be paid within 14 days after receipt of the goods. The same applies for partial performances, as far as both parties have explicitly agreed delivery in partial performances. In case of default of payment, the statutory interest applies. Unauthorized cash discounts shall be collected plus a processing fee of 10,00 €.
4. Minimum order value
Please note our minimum oder value of 15,00 €.
Acceptances of delivery periods shall apply ex works. If and when agreed delivery periods cannot be maintained due to acts of God, they shall be suspended until the impediment due to a delivery is remedied. It is also an act of God if a supplier of Finsterwalder GmbH fails to deliver or only makes partial deliveries of the goods. In case of deliveries having a fixed deadline, the customer shall at least be obliged to bear the shipping costs out and home if we dispatch the goods in time but when they are returned due to a delay in transportation.
If and when the period for any subsequent delivery has expired, the purchaser shall be entitled to withdraw from the contract. If he has received a partial delivery before and such partial delivery is of no use for him, the purchaser shall be entitled to return the same and the purchase price claim shall cease to exist. Furthermore, the customer is entitled to withdraw from the contract in the event of force majeure and related delay in delivery, according to section 5, if the delivery cannot take place within a reasonable time. In other cases, the withdrawal from the contract is permissible, after the deadline of the agreed or expected date of delivery, if delivery is not made within the period of grace, despite being granted a reasonable period of grace.
7. Retention of ownership
Finsterwalder GmbH shall retain ownership of all goods until any and all obligations arising from a contractual relationship are fulfilled. In case of a resale of the goods, the purchaser is obliged to inform his contractual partner about this. In case of possible enforcement measures over the retained goods, the purchaser has to inform Finsterwalder GmbH immediately and under transmittance of the bailiff's return.
8. Passage of risk
The risk of damage or loss will pass to the purchaser on transfer of the goods to the forwarder, insofar as the customer is not a consumer. This is irrespective of the fact who (purchaser or seller) has beared the shipping costs. We shall take out particular transport insurances only upon request of the recipient of the goods and for his own account.
The implied warranty period of two years from delivery shall apply. Batteries of any kind are excluded from the 2-year warranty obligation, as they are consumables / wear material. If the purchaser is a businessman, he is obliged to inspect the goods for any defects immediately after receipt. Finsterwalder GmbH hereby represents and warrants that its goods are free of any defects. If and when the goods / performance are / is defective for reasons beyond the purchaser's or customer's control, he shall be obliged to request a subsequent delivery of goods free of any defects or to request a subsequent improvement within a reasonable period of time first pursuant to the conditions mentioned under section 9 above before he can assert any further warranty claims. The goods shall be passed on to Finsterwalder GmbH for verification of warranty claims. In case a warranty claim is not justified, the customer shall be liable for all cost of transport. If no substitute delivery or no subsequent improvement is possible within a reasonable period of time, the purchaser shall be entitled to withdraw from the contract. Claims for compensation of consequential damages or compensation for non-performance are exluded - with the exception of intent or gross negligence. This applies in particular to cases of processing or further processing of Finsterwalder GmbH related products. Apart from that, warranty claims are excluded, as far as the defectiveness is caused by improper handling by the purchaser. When buying a hang glider or a paraglider, the customer shall be obliged to observe the operating instructions and to have a control and instruction flight made either by the manufacturer or by an instructor who is familiar with the glider.
10. Other provisions
If one or more of these provisions become ineffective, this shall not affect the validity of the remaining provisions.
11. Place of performance
For both parties, the place of performance shall be Munich, Germany, if the purchaser / customer is a businessman.