Conditions of Use
1. General
The following General Terms and Conditions apply to all contracts, deliveries and other services of the
company Frusano Europe GmbH
towards its customers. The version of the General Terms and Conditions valid at the time of the order shall always apply.
Deviating regulations of the customers are hereby contradicted. Frusano Europe GmbH only recognizes deviating conditions if this has been expressly agreed in writing. All additional agreements require written confirmation.
The business relations between Frusano Europe GmbH and the customer are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Munich, as far as the customer is a merchant or a legal entity under public law or a special fund under public law.
2. Offer
The offers of Frusano Europe GmbH are non-binding. The respective catalog loses its validity with the publication of a new edition.
3. Delivery and payment
There is no minimum order quantity. All prices include the statutory value added tax. After ordering, the customer will receive an order confirmation by e-mail, which contains a list of the ordered goods. In case of unavailability of the goods we will inform you immediately. Unless otherwise agreed by contract, the purchase price is to be paid immediately after receipt of the goods by bank transfer to Frusano Europe GmbH.
The ordered goods will be delivered to the address given by the customer, unless otherwise agreed upon in the contract. Frusano Europe GmbH reserves the right to make a partial delivery if this seems advantageous for a speedy processing. Special shipping methods requested by the customer will be charged with the local surcharge.
The bank charges of an unpaid direct debit (debit note), for example due to account shortfall or incorrectly entered account data, shall be borne by the customer.
4. Delivery times
Information about the delivery time is not binding, unless exceptionally the delivery date has been bindingly promised by Frusano Europe GmbH.
Frusano Europe GmbH will ship goods that are in stock within 3 working days. If the goods are not in stock at the time of order, Frusano Europe GmbH will try to deliver as soon as possible. If the non-observance of a delivery or service period is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which Frusano Europe GmbH is not responsible, the period shall be extended accordingly.
In case of non-compliance with the delivery period for reasons other than those mentioned above, the customer shall be entitled to set a reasonable grace period in writing with the threat of refusal and to withdraw from the contract after its unsuccessful expiry. If the impossibility of delivery is due to the inability of the manufacturer or supplier, both Frusano Europe GmbH and the customer may withdraw from the contract if an agreed delivery date is exceeded by more than 2 months. Frusano Europe GmbH will immediately inform the customer of the delay in delivery/service and, in the event of withdrawal, will immediately refund any consideration already paid by the customer.
5. Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Frusano Europe GmbH, Lochhamer Schlag 12, 82166 Gräfelfing, Germany, info@frusano.com, Tel: +49 89 3816898 70, Fax: +49 89 3816898 79) 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 attached sample cancellation form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
A withdrawal form can be downloaded here: >Download Cancellation form.pdf
Please always contact us before returning any goods! In most cases we will send you a free return label.
6. Transfer of risk
The risk shall pass to the customer upon dispatch of the goods by Frusano Europe GmbH.
7. Retention of title, set-off and right of retention
The delivered goods shall remain the property of Frusano Europe GmbH until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which Frusano Europe GmbH is entitled in connection with the contract have been settled.
The customer shall only have the right to set-off if his counterclaims are undisputed by Frusano Europe GmbH or have been legally established. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
8. Warranty
Frusano Europe GmbH warrants that the goods sold are free from material and manufacturing defects at the time of transfer of risk. The information provided by Frusano Europe GmbH in catalogs, brochures and on the website do not constitute a guarantee of quality within the meaning of § 443 BGB.
If the delivered goods are defective, the customer has a right to rectification. If this is impossible, failed or unreasonably delayed, the customer may demand a reduction in price or withdraw from the contract (§ 437 No. 1 and 2 BGB). If the customer is a consumer, he is also entitled to claim damages and reimbursement of expenses under the conditions of § 437 No. 3 BGB.
Frusano Europe GmbH is only obligated to warranty in case of timely notification according to No. 9, if the customer sends the claimed item together with a copy of the invoice to Frusano Europe GmbH at his own expense. In case of a defect, Frusano Europe GmbH is obliged to compensate the customer for the incurred postage and shipping costs.
However, the warranty does not cover normal wear and tear. The warranty obligation expires if the customer has modified the delivered goods.
9. Notification of defects, transport damage and shortages
Upon arrival, the customer must immediately inspect the goods for defects and condition. In case of defects and transport damages, Frusano Europe GmbH has to be informed immediately in writing (also by e-mail). If a customer does not report an obvious defect or shortage to Frusano Europe GmbH within 2 weeks after receipt of the goods, the warranty is excluded. Decisive for the timeliness is the sending of the notification. As far as it concerns a business among merchants, the regulations of the HGB (§§ 377 ff. HGB) apply additionally.
Please note in the case of transport damage:
Externally visible damage to the consignments must be certified immediately in a suitable manner by the person delivering the consignment. The transport companies are obliged to do this.
In case of externally not recognizable damages, defects or weight reductions of the contents, which become apparent, further unpacking has to be stopped immediately. The carrier shall be held liable immediately in writing and requested to ascertain the damage, in case of postal service (post office) - immediately on the day of delivery, in case of railroad freight or express dispatch - immediately on the day of delivery, in case of motor carriers or haulage companies - immediately on the day of delivery after delivery of the goods.
In all cases, the goods and packaging must be left in the condition they were in when the damage was discovered, until the facts of the case are recorded by the representative of the transport company.
10. Liability
The customer may only assert claims for damages against Frusano Europe GmbH outside the statutory warranty claims in the event of intent or gross negligence. This exclusion of liability does not apply in case of culpable violation of cardinal obligations and/ or essential contractual obligations, as well as if the damage is usually covered by a liability insurance.
Prior to resale, a recipient of the goods, hereinafter referred to as the importer, shall ensure conformity with all country-specific standards. This applies in particular to compliance with food law, customs law and tax regulations.
11. Data storage
See the current version of our privacy notice.
Gräfelfing, 29.4.2018