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 in addition, over our web page. As registered customer you can access your passed orders over the customer login range: 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 terminate the order process also at any time by closing of 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) Consumer warranty for used goods
Your warranty due to defects in used goods expires one year after delivery of the item sold to you. Exceptions to this rule are claims for damages, claims against defects that we fraudulently concealed and claims from a guarantee of the condition of the item that we have assumed. For these excluded claims, the statutory limitation periods apply. In the event of a granted warranty period, the longer period shall apply in favor of the buyer.
(3) Business warranty for entrepreneurs
Your warranty claims due to defects in the good sold 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.
Document produced and updated by janolaw AG.