general terms and conditions

General Terms and Conditions of Business

1. scope of application

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

The following applies to Germany: According to § 13 of the German Civil Code (BGB), consumers are any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.

The following applies to Austria: In the following conditions, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract, correction options

The purchase contract is concluded with Frescolori.de GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you make a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after you have sent the order.

We will accept your offer within two days by

we issue a declaration of acceptance in a separate e-mail or
if applicable, the payment transaction is executed by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the payment method selected in each case (see under "Payment").

The relevant alternative for you depends on which of the listed events occurs first. 3.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We store the text of the contract and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. delivery conditions

Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

5. payment

The following payment methods are available in our shop:

Prepayment
If you select the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

SEPA direct debit
By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account will be debited after you have received the goods.

PayPal
In order 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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.

PayPal may offer further payment modalities in the customer account to registered PayPal customers who have been selected according to their own criteria. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You will find further information on this in your PayPal account.

Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by 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.

6. right of revocation

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. retention of title

The goods remain our property until full payment has been made.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10 %.

8. transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

9 Warranty and guarantees

9.1 Liability for defects

Thefollowing shall apply vis-à-vis consumers:
The statutory law on liability for defects shall apply.

The following shall apply toentrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or agents

- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- in the context of a guarantee promise, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants

Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found in each case with the product and on special information pages in the online shop.

10 Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty,
in the case of warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages shall be excluded.

11. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German 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 you and us is our registered office.

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