General Terms and Conditions (GTC) of F.L. Michaelis GmbH

 

§ 1 Scope and Provider

These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between F.L. Michaelis GmbH, Parkallee 63, 28209 Bremen, Germany (hereinafter referred to as “we”, “us”, or “F.L. Michaelis GmbH”) and its customers (hereinafter “Customer”), including both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB. The GTC apply to all contractual relationships within the EU unless more specific legal regulations or individual agreements exist. Deviating terms and conditions of the customer are only valid with our written consent. Individual agreements take precedence. Legally relevant declarations by the customer must be made in written or text form.

§ 2 Services and Conclusion of Contract

Our website serves solely for company presentation and initiating contact. A legally binding contract does not arise via the website, but only through written confirmation or conclusive action. Our offers are non-binding and subject to change. Reasonable changes in form, color, or weight remain reserved.

§ 3 Prices and Payment Terms

All prices are in euros including statutory VAT unless otherwise stated. Payment terms are agreed upon individually. Unless otherwise agreed in writing, the invoice amount is due immediately without deduction. In case of payment default, the statutory provisions apply. We expressly reserve the right to charge reminder fees.

§ 4 Delivery and Transfer of Risk

Delivery times are agreed individually. Partial deliveries are permitted if reasonable for the customer. The risk passes to entrepreneurs upon handover to the carrier, and to consumers upon receipt of the goods.

§ 5 Retention of Title

Delivered goods remain our property until full payment has been made. For entrepreneurs, this applies to all outstanding claims from the business relationship. The customer agrees to inform us immediately of any third-party access.

§ 6 Defect Liability (Warranty)

The statutory defect liability rights apply. For entrepreneurs, the warranty period is one year from delivery. The provisions of §§ 377, 381 HGB remain unaffected. In the case of justified defects, we shall, at our discretion, provide rectification or replacement.

§ 7 Liability

We are liable in accordance with statutory provisions in cases of intent and gross negligence. In cases of simple negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations), and limited to foreseeable, typical damages. Liability for injury to life, body, or health, as well as under the Product Liability Act, remains unaffected.

§ 8 Data Protection

Personal data is collected, stored, and processed in accordance with applicable data protection laws (in particular the GDPR). For details, please refer to our Privacy Policy, which is part of these GTC.

§ 9 Right of Withdrawal

Consumers have a statutory right of withdrawal for distance contracts. The withdrawal period is 14 days from receipt of the goods. Timely dispatch is sufficient to meet the deadline. The withdrawal must be sent to: F.L. Michaelis GmbH Parkallee 63 28209 Bremen E-Mail: mail@flmichaelis.de In the event of withdrawal, received services must be returned within 14 days. The customer bears the direct cost of return shipping.

§ 10 Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Bremen, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.