Terms and Conditions
General Terms and Conditions
1. Scope of Application
These Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
For Germany: Consumers are natural persons who conclude a legal transaction for purposes that are predominantly neither commercial nor self-employed.
For Austria: In the following conditions, "consumer" refers to the "Konsument" within the meaning of the Consumer Protection Act (KSchG).
For Entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contract Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Frescolori.de GmbH.
The presentation of products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. You can initially add our products to your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained during the ordering process. By clicking the order button, you make a binding offer regarding the products in the shopping cart. Confirmation of receipt of your order is sent immediately after submitting the order via email.
We accept your offer within two days by
- issuing a confirmation of acceptance in a separate email, or
- if applicable, executing the payment transaction through our service provider or the selected payment service provider. The timing of the payment transaction depends on the chosen payment method (see "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
3. Language of Contract, Storage of Contract Text
The language(s) available for concluding the contract: German
We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Subject of the Contract
4.1 Product Description
Reference is made to the respective product description as an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to point out the following special features. If you have any doubts, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colours are possible.
For wooden products, natural deviations in grain, structure, and colour of the wood may occur.
5. Delivery Conditions
5.1 Shipping Costs
In addition to the stated product prices, shipping costs may apply for standard shipping. Further details on the amount of shipping costs can be found in the offers.
For express shipping, a surcharge of Individually Euro applies. Further provisions regarding express shipping can be found in the offers.
5.2 Delivery Options
We ship the products to the delivery address specified in the order process.
We only deliver via shipping. Self-collection of the goods is unfortunately not possible.
We do not deliver to pack stations.
5.3 Delivery by Freight Forwarder
Appointment Scheduling
For freight deliveries, the freight company commissioned by us will contact you to arrange a delivery date.
Delivery Location
The delivery of the goods involves transporting and unloading the goods at the first public curb of the agreed delivery address. The delivery does not include delivery to specific rooms or assembly and/or installation of the ordered goods unless explicitly agreed otherwise.
6. Payment
The following payment methods are generally available in our shop:
Prepayment
If you choose the payment method prepayment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
Credit Card
During the ordering process, you provide your credit card details. Your card will be charged immediately after you place the order.
SEPA Direct Debit
By placing the order, you give us a SEPA direct debit mandate. We will inform you at least one banking day in advance of the account debiting date (so-called pre-notification). A banking day is any weekday except Saturdays, nationwide public holidays, and December 24th and 31st. The account will be debited after you receive the goods.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after you place the order. Further information can be found during the ordering process.
PayPal may offer registered and self-selected PayPal customers additional payment options in their customer account. We have no influence on offering these options; further individually offered payment options relate to your legal relationship with PayPal. More information can be found in your PayPal account.
giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, we offer the payment method giropay. To pay the invoice amount via giropay, you must have a bank account enabled for online banking, authenticate accordingly, and confirm the payment instruction. Your account will be debited immediately after you place the order. Further information can be found during the ordering process.
Giropay may offer registered and self-selected giropay customers additional payment options in their customer account. We have no influence on offering these options; further individually offered payment options relate to your legal relationship with giropay. More information can be found in your giropay account.
Invoice
The invoice amount is due 7 days after receipt of the invoice and goods via bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
7. Right of Withdrawal
Consumers have the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to entrepreneurs.
8. Retention of Title
The product remains our property until full payment.
For entrepreneurs additionally: We reserve ownership of the product until all claims from a ongoing business relationship are settled. You may resell the reserved goods in the ordinary course of business; all claims from this resale are assigned to us in advance in the amount of the invoice and we accept this assignment. You remain authorized to collect the claims, but we may also collect them ourselves if you do not meet your payment obligations. The securities to which we are entitled will be released upon your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
9. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failing to complain or contact us has no effect on your statutory claims and their enforcement, especially your warranty rights. However, it helps us assert our claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and deterioration passes to you as soon as we deliver the item to the freight carrier, carrier, or other person or institution designated for shipment.
10. Warranty and Guarantees
10.1 Warranty Rights
Against consumers:
The statutory warranty rights apply.
Against entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory warranty rights apply.
The following restrictions and shortening of deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents
• in case of injury to life, body, or health
• in case of intentional or grossly negligent breach of duty and fraud
• in case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on which the contractual partner can regularly rely (cardinal obligations)
• within the scope of a warranty promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Restrictions for Entrepreneurs
For entrepreneurs, the agreement on the condition of the goods is only our own information and the product descriptions of the manufacturer incorporated into the contract; we do not accept liability for public statements by the manufacturer or other advertising claims. The limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to items that have been used according to their usual purpose in a building and have caused its defectiveness. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for recourse claims according to § 445a BGB remain unaffected.
Note for Merchants
The investigation and complaint obligations regulated in § 377 HGB apply to merchants. If you fail to give notice as required, the goods are deemed approved unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.
10.2 Warranties and Customer Service
Information on any applicable additional warranties and their specific conditions can be found with the product and on special information pages in the online shop.
11. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives, or vicarious agents in the case of
- injury to life, body, or health,
- intentional or grossly negligent breach of duty,
- guarantee promises, if agreed, or
- to the extent the Product Liability Act applies.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Final Provisions
If you are an entrepreneur, German law applies excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
If individual clauses of these GTC are wholly or partially invalid, the remaining provisions remain effective. If individual clauses are invalid, the content of the contract is governed by the statutory provisions.