Our terms and conditions
The following general terms and conditions (GTC) govern the contractual relationship between Thomas Frener Maximum-Surf and consumers and entrepreneurs who purchase goods in our shop. Conditions that oppose or differ from our terms and conditions are not accepted by us. The contract language is German.
(1) The offers on the internet represent a non-binding invitation to you to purchase goods.
(2) You can put one or more products into the cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone.
(3) With the immediate submission of confirmation of receipt by e-mail the offer will also simultaneously be deemed accepted and the sales contract concluded. In the case of a telephone order, the purchase contract is deemed valid if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
The contract with the item details (e.g. kind of product, price) will be stored by us. We will send the GTC to you, but you can download the GTC at any time over our website. As a registered customer you will have access to your past orders in the customer login area: My Customer Account.
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options. You can also terminate the order process at any time by closing the browser window completely.
The purchase item remains our property until full payment is made.
(1) The warranty
The warranty complies with the statutory provisions.
(2) Shortening of the limitation period due to defects (warranty) for the sale of used goods to customers
It is agreed to reduce the limitation period for claims for defects in used goods to one year.
Excluded from this agreement are following claims: claims for damages, claims based on defects which we have fraudulently concealed, and claims arising from a guarantee which we have assumed for the quality of the goods. For these excluded claims, the statutory limitation periods shall apply. In the event of an expressed warranty period, the longer period shall apply in favor of the warrantee (buyer).
(3) Limitation of warranty rights due to defects (warranty) for entrepreneurs
Your warranty claims due to defects in the purchased goods shall become time-barred one year after the passing of risk. The following claims are excluded from this rule:
- on compensation for damages
- for maliciously concealed defects
- arising from any granted warranty
- on recourse under §§ 445a, 478 Bürgerliches Gesetzbuch (BGB, Civil Code)
- due to defects in building materials and components which have been used in accordance with their normal use for a building and which have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.
We exclude liability for minor negligence in breach of duty, provided such breaches do not involve essential contractual obligations, damages caused by death, bodily injury, impaired health or guarantees or affect claims under the Produkthaftungsgesetz (ProdHaftG, Product Liability Act). The same applies to breaches of duty by any of our agents and legal representatives. The contractual obligations include, in particular, the obligation to deliver the item and title to you. We furthermore must deliver to you the item free of material defects and deficiencies.
This document was created and is updated with technology from janolaw AG.