Paragraph 1
Scope and Disclaimer

(1) For legal relationships established through this internet shop between the shop operator (hereinafter referred to as the „provider“) and its customers, the following terms and conditions shall apply exclusively, in the version that is current at the time of the order.

(2) Deviating general terms and conditions of the customer are rejected.

§ 2
Contract language

The contract language is German.

§ 3
Formation of the contract

The presentation of goods in the online shop does not constitute a binding offer by the seller to conclude a purchase agreement. The customer is merely invited to make an offer by placing an order.

(2) By submitting the order in the online shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer also acknowledges these terms and conditions as solely authoritative for the legal relationship with the provider.

(3) The supplier confirms receipt of the customer's order by sending an order confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. Acceptance of the contract offer takes place upon delivery of the goods or an explicit declaration of acceptance.

Section 4

Right of withdrawal

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

If you exercise your right of withdrawal as a consumer, you shall bear the regular costs of returning the goods.

(3) In all other respects, the right of withdrawal is governed by the regulations detailed in the following withdrawal policy:

– Cancellation Policy – 

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, have or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Frasima GmbH, Freiligrathstraße 5, 65719 Hofheim am Taunus, Tel: 06192-3099291, Email: kontakt@siphonmanufaktur.de, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).  

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You shall return or hand over the goods to us or to (insert the name and address of the person authorised by you to receive the goods, if applicable) without delay and in any event no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods if this diminished value is attributable to any handling of the goods that was not necessary to establish their nature, characteristics and functioning.

– End of cancellation policy –

Section 5
Retention of title

The goods supplied remain the property of the supplier until they have been paid for in full.

§ 6
Due date

The purchase price is payable upon conclusion of the contract.

§ 7
Guarantee

The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise stipulated below. For claims for damages by the customer against the provider, the provisions in § 6 of these General Terms and Conditions shall apply.

(2) The limitation period for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. For entrepreneurs, the limitation period is 1 year for newly manufactured items and 1 year for used items. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods vis-à-vis entrepreneurs is the right of recourse in accordance with § 478 BGB.

§ 8
Disclaimer

Customer claims for damages are excluded unless otherwise stipulated below. The aforementioned exclusion of liability also applies to the benefit of the provider's legal representatives and vicarious agents, insofar as the customer asserts claims against them.

(2) Excluded from the disclaimer of liability specified in paragraph 1 are claims for damages resulting from injury to life, body, or health, and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g., the supplier must hand over the item to the customer free from material defects and defects of title and transfer ownership thereof. Also excluded from the disclaimer of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the supplier, its legal representatives, or vicarious agents.

3. Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 9
Prohibition of assignment and pledge

The assignment or pledging of claims or rights owed by the customer to the provider is excluded without the provider's consent, unless the customer can demonstrate a legitimate interest in the assignment or pledging.

§ 10
Set-off

A customer's right of set-off shall only exist if their claim, which is being set off, has been legally established or is undisputed.

Seksjon 11
Choice of law & jurisdiction

(1) The contractual relationship between the provider and the customer shall be governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider shall be the provider's registered office, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.

§ 12
Severability clause