Terms and conditions
§ 1 Scope
The following General Terms and Conditions apply to all business relationships between the consumer (hereinafter: Customer) and Formitable GmbH (Daun) (hereinafter: Formitable).
§ 2 Conclusion of the contract
(1) The products of Formitable are unique. Information about the products in catalogs, brochures as well as on this website, are therefore only exemplary descriptions and in particular no binding offer of Formitable to conclude a purchase contract.
(2) By sending the order by e-mail, the customer submits a binding offer, directed to the conclusion of a purchase contract for the products described in the e-mail. By sending the order, the purchaser also accepts these terms and conditions as solely authoritative for the legal relationship with Formitable.
(3) The declaration of acceptance of the contractual offer shall be made by delivery of the goods or by an express declaration of acceptance by Formitable.
(4) The validity of contracts for larger than normal household quantities requires the expressed and written confirmation by Formitable.
§ 3 Prices and shipping costs
(1) All prices include the applicable statutory value-added tax and are subject to a flat-rate shipping charge plus any shipping surcharges indicated for bulky goods.
(2) The shipping surcharges may vary depending on the delivery method and the item characteristics. For orders with a total value of less than 100,- Euro we charge a flat shipping fee of 4,95 Euro. From an order value of 100,- Euro the delivery is free of charge, also when shipping via forwarding agency.
§ 4 Payment, due date and delay
(1) The customer can pay for the items by cash in advance, or online payment method (via PayPal). Formitable reserves the right to exclude certain payment methods in individual cases.
(2) In case of payment in advance, the purchaser shall transfer the full invoice amount to Formitable’s account within 5 calendar days, stating the purpose of payment. Formitable reserves the item of purchase for a period of 5 calendar days. In case of payment by online payment method (e.g. PayPal), the customer expressly authorizes Formitable to collect the amounts due at the time of the order. In the case of payment on account, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount. With the shipment of goods, the invoice will be sent by e-mail. If no e-mail address is stored, by mail, to the billing address provided by the customer.
(3) If the Customer is in delay with the payment, Formitable reserves the right to claim damages for delay (e.g. collection fees, reminder fees and default interest in the amount of 5 percentage points above the respective base interest rate).
(4) Offsetting against Formitable’s claims for payment shall only be permissible in the case of legally established or undisputed claims.
§ 5 Retention of title
The object of purchase delivered to the Purchaser shall remain the property of Formitable until full payment of all objects of purchase delivered to the Purchaser.
§ 6 Right of defect
In the event of defects in the delivered object of purchase, the purchaser shall be entitled to the statutory rights within the scope of the warranty/liability for defects. However, the special provisions of § 7 shall apply to claims for damages.
§ 7 Limitation of liability
(1) In the event of a slightly negligent breach of duty, Formitable’s liability shall be limited to the amount of the foreseeable average damage typical for the contract. There shall be no liability for pecuniary losses beyond this and no claims for loss of profit. Liability for grossly negligent or intentional conduct and for claims under the Product Liability Act shall remain unaffected.
(2) The limitation period for warranty claims of the purchaser shall be two years for newly manufactured goods and one year for used goods. The statute of limitations begins from the transfer of the goods from Formitable to a transport company. The shortening of the limitation periods shall not apply to claims for damages by the Purchaser based on injury to life, limb or health, or to claims for damages based on a breach of a condition which goes to the root of the contract. The shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by Formitable, its legal representatives or vicarious agents.
§ 8 Cancellation policy
Consumers have a fourteen-day right of withdrawal.
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 named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Formitable GmbH, Konrad-Zuse-Str. 5, 54552 Nerdlen, Germany, email@example.com, phone: +49 6592 712-8406) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation and the sample revocation form can be found under revocation policy.
§ 9 Industrial property rights
(1) All texts and photographs contained on the website www.inoxius.de or www.formitable.com in catalogs, brochures, price lists or offer sheets of Formitable are protected by copyright and, if applicable, trademark law. This shall also apply to design and planning drawings, illustrations, calculations and other documents of Formitable. The Purchaser is not entitled to use them for its own purposes or to pass them on to third parties without the express written consent of Formitable.
(2) In the event that Formitable acts on the basis of specifications provided by the Buyer, such as drawings, illustrations or designs, the Buyer shall indemnify Formitable against all claims of third parties arising from actual or alleged infringement of property rights.
§ 10 Final provisions
(1) German law shall apply to the contractual relations between Formitable and the Purchaser. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law shall only apply vis-à-vis the customer to the extent that it does not restrict any mandatory statutory provisions of the state in which the customer is domiciled or habitually resident.
(2) Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.