Terms & Conditions
On the shop website www.franzis.de FRANZIS GmbH provides offers for Germinal Medienhandlung GmbH (Germinal). The contractual partner for orders placed on www.franzis.de is Germinal.
The General Terms and Conditions of Germinal are reproduced below:
General Terms and Conditions (GTC)
§ 1 Address of Germinal Medienhandlung GmbH
Germinal Medienhandlung GmbH
Siemensstraße 16
D-35463 Fernwald
Postal address
P.O. Box 1170
D-35461 Fernwald
Company details
HRB 1660 Local court Gießen
Tax number.: 020 234 40349
USTID: DE 112 609 574
Managing directorsr Jascha Ahrens, Klaus Haßler
Contact
Tel +49 (0)641/41700
Fax +49 (0)641/943251
E-mail: bestellservice@germinal.de
§ 2 Scope of application
(1) Our General Terms and Conditions (GTC) apply exclusively in the version available online at the time of the order (see § 3 of these GTC). You can print out these terms and conditions at your convenience or save them in a reproducible form. These terms and conditions apply to end consumers and to orders placed via the webshop at www.franzis.de
(2) Germinal Medienhandlung GmbH is hereinafter referred to as "we" or "us", the contractual partner as "customer".
(3) By placing a chargeable order for our goods, our terms and conditions of delivery and payment are deemed to be recognised.
§ 3 Order
(1) By clicking on the "Send order subject to payment" button, your order is triggered and forwarded to us. You thereby make a binding declaration that you wish to purchase the goods.
(2) Orders can also be placed directly with us via so-called "affiliate sites" at the partners. The name of the button may vary here. In any case, a sufficiently labelled button must be clicked in order to place an order.
§ 4 Conclusion of contract
(1) When you place an order, you conclude a contract with us. In the case of electronic orders, you will be informed immediately of the receipt of your order by an e-mail known as an "order confirmation". It is therefore possible to save the text of the contract permanently. The order confirmation is sent automatically and does not constitute acceptance of the contract, but an offer to enter into a contract.
(2) The contract offer is then accepted by us when ordering on the Internet by sending the ordered goods, whereby an acceptance period of two weeks is agreed. The customer is entitled to a right of cancellation in accordance with § 355 BGB for distance selling contracts within the meaning of the legal definition of § 312c para. 1 of the German Civil Code (BGB) as well as for contracts concluded outside of business premises.
(3) Customers can collect products in the shopping basket in our webshop by clicking on the "shopping basket symbol" button. An overview of the products already placed in the shopping basket can be found at the top of the shop under the white text on an orange background "Shopping basket". Products can be deleted from the shopping basket by clicking on the term "shopping basket" and then marking the line and selecting "delete marked item".
(4) A contractually binding order is placed in a total of four steps. First, select the product and then click on the button with the shopping basket symbol. The shopping basket will then open automatically. After the shopping basket overview, you can proceed to the second step by clicking on "Continue to address details". You will then need to enter your address details. You can also enter a different delivery address. The next step is to click on "Continue to payment details". Here you can select the payment methods invoice, prepayment, credit card and direct debit. In the 4th step, the "Continue to summary" button takes you to the complete overview. Here the customer can now check the order and, if necessary, change the shopping basket. After selecting the confirmation of the General Terms and Conditions and the cancellation policy, as well as the privacy policy, customers can place the legally binding order by clicking on the "Place binding order" button.
(5) The customer has the option of changing or correcting any entries made during the ordering process.
(6) The language available for the conclusion of the contract is German.
§ 5 Reservation of non-availability
We reserve the right to refrain from fulfilling your order if we do not have the ordered title in stock, the title not in stock is out of stock at the company and the ordered goods are consequently not available. In this case, we will inform you immediately of the unavailability and refund any purchase price already paid by you without delay.
§ 6 Prices and shipping costs
(1) The prices quoted and calculated by us are final prices in EUR. They include the statutory value added tax.
(2) We charge 4.00 EUR per consignment for postage and packaging in Germany. From an order value of 25.00 EUR per consignment, we deliver free of charge within Germany.
(3) We charge the following flat rates for postage and packaging abroad:
For deliveries to Belgium, Denmark, France, Italy, Luxembourg, the Netherlands, Austria and the Czech Republic 9.00 EUR.
For deliveries to all other EU member states 13.00 EUR.
For deliveries to Switzerland, Liechtenstein or Norway 15.00 EUR.
For deliveries to all other countries 25.00 EUR.
We deliver via DHL or DPD.
§ 7 Payment
(1) We only accept the payment methods shown to the customer during the order process.
(2) The purchase price is due without deduction within 14 days of receipt of the invoice.
(3) You can pay by credit card, PayPal, prepayment, bank transfer or direct debit.
(4) After expiry of the above-mentioned period, default occurs. In this case, we are entitled to charge interest on arrears at a rate of 5 percentage points above the respective base interest rate announced by the Deutsche Bundesbank. The assertion of any further damage caused by default remains unaffected.
Please understand that in Germany we only deliver against prepayment from an order value of more than 100.00 EUR. Deliveries abroad are generally made against prepayment.
§ 8 Delivery
(1) We deliver immediately, but no later than 5 working days after receipt of your order. Deliveries against prepayment shall be made no later than 5 working days after receipt of payment.
(2) Binding delivery dates (delivery on a fixed delivery date) must be agreed in writing.
(3) The delivery deadline is met if the goods are dispatched before the deadline expires.
§ 9 Retention of title
The delivered goods shall remain our property until the invoice amount has been paid in full.
§ 10 Warranty, limitation of liability, settlement of disputes
(1) We shall be liable for defects in accordance with the statutory provisions for a warranty period of 24 months from delivery of the goods, provided that the defects are present when the goods are handed over.
(2) Our liability for damages due to simple negligence is excluded. The exclusion of liability agreed here shall generally not apply if the customer's claims for damages are based on the culpable breach of an essential contractual obligation (cardinal obligation), an intentional or grossly negligent breach of contract by us or one of our vicarious agents or on the absence of a guaranteed quality agreement for the object of purchase. The term cardinal obligation is understood as an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
(3) Also excluded from the limitation of liability are damages resulting from injury to life, body or health which are based on our negligent breach of duty or an intentional or grossly negligent breach of duty by one of our legal representatives or one of our vicarious agents. In accordance with Section 36 (1) No. 1 of the German Consumer Dispute Resolution Act, it is hereby pointed out that the company does not participate in dispute resolution proceedings before a consumer arbitration board and that the courts of ordinary jurisdiction have exclusive jurisdiction for any disputes arising from the contractual relationship with the consumer.
(4) Claims under the Product Liability Act are not restricted.
§ 11 Right of cancellation for distance contracts
(1) In the case of a distance selling contract within the meaning of § 312 c BGB, the customer, who is a consumer, has a right of cancellation in accordance with the statutory provisions and in accordance with the following cancellation policy at the end of these GTC.
(2) Upon conclusion of the contract, but at the latest together with the invoice, the consumer shall receive information which fulfils the requirements of § 312 d BGB or Art. 246a of the Introductory Act to the BGB (EGBGB).
§ 12 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court responsible for our registered office in Fernwald.
Special conditions of participation for prize draws
1. subject matter
1.1
These conditions of participation govern participation in prize draws organised by FRANZIS GmbH. (hereinafter referred to as "FRANZIS" for short).
1.2
By participating in the prize draw, you accept these conditions of participationn.
2. Conditions of participation for the respective prize draw
Persons who are resident in Germany, Austria or Switzerland and are at least 16 years of age are eligible to participate. Excluded are employees of FRANZIS and employees of co-operation partners who are or were involved in the creation or processing of the competition.
For participants under the age of 16, a declaration of consent from a parent or guardian must be completed and returned to FRANZIS by e-mail or fax. You can find the template under the following link..
3.Rights of use, exemption and responsibility
3.1
FRANZIS is not obliged to check your entries (e.g. images) provided for participation in the prize draw for potential infringements of third-party rights. However, FRANZIS is entitled to reject these if, in its reasonable judgement, the entries are unlawful or infringe the rights of third parties.
3.2
By uploading contributions, in particular images, you declare that they are free of third-party rights, i.e. that they either originate from them or that you have obtained the consent of the authors and the persons depicted in the images and videos. You indemnify FRANZIS against all third-party claims arising from the contributions provided. You agree to support FRANZIS in every reasonable way in the defence against these claims.
3.3
Transfer of rights of use if the submitted entries are only used for the purposes of the prize draw: You agree that your entries may be used, distributed and otherwise made publicly available to third parties in connection with the competition, the draw, processing and presentation of FRANZIS in online and offline media (for example in print or social media). For these purposes, FRANZIS is also permitted to edit the submissions and, if necessary, to grant third parties rights of use to them. This granting of rights is free of charge and without any restrictions in terms of space, content or time.
3.4
Transfer of rights of use if your entries are used for commercial exploitation:
In the event that participation in a competition requires the commercial exploitation of your entries and you are expressly informed of this, the following applies: You agree that your entries may also be used by FRANZIS in online and offline media (for example in print or social media) for commercial purposes, distributed and otherwise made publicly available to third parties. For these purposes, FRANZIS is also permitted to edit the contributions and, if necessary, to grant third parties rights of use to them. This granting of rights is free of charge and without any restrictions in terms of space, content or time.
4. Settlement
4.1
It is not possible to pay out the prize in cash, in Property, or to exchange or transfer it to other persons. You can forgo the profit. In this case, the next participant in the winner's order will take your place. The handover of the prizes will be coordinated individually with the participants.
4.2
You will be notified promptly by email to the email address provided or by post about the winnings and will be asked to confirm.
4.3
If you do not confirm the acceptance of the prize within a period of 4 weeks, the prize will be forfeited. If the contact options provided are incorrect (e.g. invalid email addresses), FRANZIS is not obliged to search for correct addresses. The disadvantages resulting from providing incorrect contact details are therefore at your expense.
4.4 Registration for the prize draw
Unless otherwise specified, participation in a competition takes place via the respective participation form, which is integrated into the associated website in connection with the competition. Alternatively, you can also participate by e-mail to support@franzis.de or by post to FRANZIS GmbH, Richard-Reitzner-Allee 2, 85540 Haar, Germany. In these cases, please mention the name of the competition and your e-mail address so that we can contact you if you win.
5. Disclaimer of Warranties
5.1
FRANZIS would like to point out that the availability and function of the respective prize draws cannot be guaranteed. The respective prize draw can be terminated or removed due to external circumstances and constraints without any claims against FRANZIS arising from this.
5.2
This may include technical issues, rule changes, or decisions made by platforms such as Facebook if the particular sweepstakes is hosted on or in connection with them.
5.3 Alternative subscription without newsletter
In some cases, we offer goods or services (also digital such as eBooks, software) free of charge in exchange for the subscription to a newsletter. You will be explicitly informed of this in advance of the subscription and asked for your explicit consent. If you do not wish to purchase the respective product or service with your consent to receive our newsletter, you can also receive it by contacting us by e-mail to support@franzis.de to receive it.
Please note the occasion in the subject line of the e-mail ("Competition XYZ" or "Download XYZ") and send us the complete URL on which the goods or services were advertised, if necessary a solution word and - in the case of physical products - your postal address.
We will then provide you with an alternative link through which you can purchase the goods or services without your consent to receive a newsletter. You will be expressly informed of this alternative acquisition option in advance of the withdrawal. You are free to make your decision and can choose which alternative you choose without compulsion.
Last updated: September 1, 2021
