1. Scope of Application
a) These terms and conditions are applicable to any commercial relationships between Fortec GmbH, and our Shop customers; as well as to all in connection to those made information’s (within letters, publications, price lists, advertisements or otherwise) irrespective of the way those information’s have been given.
b) Conflicting terms and conditions of customers (conditions of purchase) are not accepted and objected.
c) The customer accepts the terms and conditions of Fortec GmbH with the conclusion of contract.
2. Product range / conclusion of contract
a) The representation of the products in the online Shop, or in the catalogue do not represent a legally binding offer, but an invitation to make an offer.
The customer is obligated to provide full and correct information’s. False or incorrect key information’s like e.g. incorrect address information’s, entitle Fortec GmbH Parts to rescind and, if so, right to compensation.
(1) [Online Shop Only by clicking the buy now button, you agree to a binding order of all goods in the shopping basket. You’ll immediately receive a confirmation of the receipt of your order. The confirmation about the receipt of order does not represent an acceptance of contract.
3. Prices, terms of payment, reservation of title
a) All prices are exclusive of packaging and shipping and VAT. The overall price will be given. The price setting at the time of the order is relevant.
b) You can always pay in advance or PayPal. Depending on the chosen kind of purchase other payment methods might be available.
c) The invoice amount is due, if nothing else has been agreed on, with the receipt of the invoice. A default in payment occurs, if the invoice has not been paid for, after 30 calendar days after the due date and receipt of the invoice.
d) The contracting party shall only be entitled to set-off sums if its counterclaim is uncontested, legally recognized or acknowledged by Fortec GmbH
e)Fortec GmbH retains ownership of the goods until all claims of the business relationship from Fortec GmbH to the customer have been paid for.
f) With the disposal separate notices with the goods, respectively markings have to be followed.
4. Right of return in consumer contracts
If the contract is done by services through distance communication means and therefore is a distance selling deal, all consumers are entitled to the following „right of return“. Consumer refers to any natural person, who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities (§ 13 BGB):
Instructions of cancellation
You have the right to cancel this contract within a month without giving any reason.
The withdrawal period is one month beginning at the day when you, or a by you named third party, who is not the carrier, receives the goods.
To exercise your right of cancelation you have to inform us:
Almertsham 33, 83129 Hoeslwang
Tel.: +49(0)8053 8009928
by a clear statement (e.g. a letter send by post, fax or email) about your decision to cancel the contract.
To observe the revocation period it is sufficient to send us the note about your will to use your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have to restitute all payments, which we have received from you, back to you, except shipping costs to other countries than to Germany . We have to retransfer the amount immediately and within fourteen days latest from the day on we have received your note of cancellation of this contract. We are using the same kind of payment for the reimbursement that you have used with your payment, unless it is expressly entered into another agreement. In any event no charges will be made for the retransfer of the amount.
We can refuse the repayment until we have received the goods back or you have provided proof, that you have returned the goods, depending which is the earlier point in time.
You have to send us the goods immediately and in any case latest fourteen days after the day, on which you have informed us about the cancelation of this contract, back or to surrender. The time period remains unaffected, if you send the goods back before the period expires.
We bear the costs of returning the goods.
You have to compensate for a loss in value of the goods only, if this loss of value results from the handling other than what is necessary to ascertain the nature and functioning of the goods.
--- End of instructions of cancellation ---
5. Deliveries to merchants and legal persons under public law
If our customers are merchants or persons under legal law, a right of cancellation shall not exist. Besides §§ 377 ff. HGB the following provisions apply:
a) If the conclusion of contract shall be made to the price with VAT deduction entitlement, the contract is only effective if corresponding evidence have been given for the fiscal authorities.
b) Fortec GmbH subjects to offer in quality and price similar goods, if the contractual goods cannot be delivered.
Fortec GmbH is entitled to part deliveries. In case of prevention caused by force majeure,
Fortec GmbH is entitled to cancel the order. By sending the ordered goods to the post or forwarders, the risk of deterioration or destruction is transferred to the buyer. The retention of title from No. 3 d) is also valid, when single or all claims have been incorporated into a current invoice and the account balance has been settled and acknowledged. A bailment or any other liability of still in the property of Fortec GmbH standing goods is not allowed.
c) Warranty – Claims of merchants and legal persons under public law of warranty become time-barred in 1 year after taking the goods over. In case of a fault, the customer is obligated to set an adequate respite for the supplementary performance. If and when the subsequent performance fails, the customer can choose to reduce the price of the goods or to cancel the contract. The customer must notify us in writing of apparent defects without delay and within a period of ten days from receipt of the goods. When there is a claim of supplementary performance, Fortec GmbH is entitled to the right of a choice for removal of the defect or for delivery of goods free of defect. Claims of the customer because of a fault of the goods are excluded, if the fault has been caused due to improper handling
- Handling or care of the goods through the customer or authorized third party;
- Connection to other devices for which the delivered goods were not made for and which usage has not been authorized by Fortec GmbH ;
- Failure to observe provisions concerning handling, maintenance and care of the object of purchase in operating or care instructions or with the usual carefulness.
6. Date protection clause – right of cancellation
a) Fortec GmbH stores your customer data to ensure the execution of orders. Fortec GmbH arranges all economical and technically reasonable as well as possible provisions to prevent unauthorized persons from accessing the customer’s data. Fortec GmbH raises only the data, which are necessary for the execution of the order and the conclusion of the contract from the customer. By sending an order, the customer agrees to storage of the personal data for the above mentioned purposes.
b) The given agreement can be revoked at any time. The revocation has to be addressed to:
When revoking the data protection agreement, personal data are going to be erased immediately, if they do not have to be kept because of statutory provisions (e.g. proper accounting)
c) Your order data are not available on the internet, because of security reasons.
a) Fortec GmbH is liable
- to other damage if it is based on an intentional or grossly negligent breach of duty by Fortec GmbH or by our executives.
Other claims for damages of our customer’s Fortec GmbH for breach of duty are excluded.
Inasmuch as our liability is excluded or limited and nothing to the contrary has been agreed above, this also applies to the personal liability of Fortec GmbH staff, employees, fellow workers, representatives and/or agents.
b) By the use of by Fortec GmbH delivered goods with technical or electronic devices, mounting-, Installation and instructions of usage have to be followed. This is especially the case for the usage and first loading of electronic devices. In general, the customer is obligated to save already existing data. Fortec GmbH is not liable for loss of data.
c) With goods for the use in street traffic, an official license might be necessary (“TÜV”).
8. Final provisions
a) The place of execution for all claims arising from contracts is Hamburg.
b) The place of jurisdiction for all disputes both actively and passively arising from the contractual relationship with Fortec GmbH is Hamburg,
insofar the customer is a merchant in the sense of the German Commercial Code (HGB) or a legal person under public law
c) German law shall apply exclusively; applicability of the United Nations Convention on contracts for the international sale of goods (CISG) is excluded.
d) Changes and supplements to the contract conditions must be made in writing in order to be effective, as well as a waiver of this requirement of the written form.
e) If any individual provisions in this agreement are, or become ineffective, the effectiveness of the other provisions will not be prejudiced thereby.
Deutschland / Germany:
Phone +49 (0)40 30850005
Fax +49 (0)40 30850026