General terms and conditions
for the on-line shop www.fourframe.de

of the Joh. Brendow & Sohn Grafischer Großbetrieb und Verlag GmbH & Co. KG, Moers

Valid since: 01.03.2008

1. Area of application
2. Contracting partners
3. Offer and conclusion of the contract, selfsupply reservation
4. Right of return
5. Prices and forwarding expenses
6. Delivery
7. Payment
8. Reservation of proprietary rights
9. Guarantee
10. Liability
11. General regulations

The following Gernal Terms and Conditions contain information for contracting partners according to the regulations about the contracts for distant sales and in the electronic business dealings.


1. Area of application

These GTCT apply for all deliveries from the on-line shop www.fourframe.de of the Joh. Brendow & Sohn Grafischer Großbetrieb und Verlag GmbH & Co. KG (in the following also called "Brendow") to their customers, no matter whether it concerns entrepreneurs or consumers according to Civil Code §13.

The contracting partner gets these GTCT with every email confirmation of their order. They can read the GTCT also on www.fourframe.de. Deviant or conflicting regulations apply only if they have been confirmed by Brendow in writing. This is also valid if Brendow carries out an order in knowledge of deviant general purchase conditions of the contracting partner without contradiction.


2. Contracting partner

The sales is made with the Joh. Brendow & Sohn Grafischer Großbetrieb und Verlag GmbH & Co. KG, Gutenbergstraße 1, 47443 Moers.


3. Offer and conclusion of the contract

The presentation of the products in the on-line shop is no juridically binding offer, but a request to place an order. By clicking the order badge the contracting partner hands deposits a binding order. When the order has been placed he receives an acknowledgment of receipt with the order dates and these General Terms and Conditions. By this, a sales contract between the contracting partner and Brendow comes about, concerning all ordered items.

If Brendow has rounded off a congruent covering transaction in which Brendow is not supplied with the product ordered by the contracting partner by his supplier, Brendow is entitled towards the contracting partner to withdraw from the contract (selfsupply reservation). In such cases the contracting partner is immediately informed of the non-availability of the product and any payments already made are immediately refunded. Nevertheless, a right of withdrawal does not exist if Brendow is responsible for the non-supply.

The same is valid in the case of improperly or untimely supply by the suppliers of Brendow. In the case that Brendow is supplied only partially by his suppliers, Brendow is entitled to withdraw only because of the not delivered part.


4. Right of return for consumers

An unlimited right of return is agreed with consumers according to §13 Civil Code instead of the legal cancellation right.

Instruction to the right of return
Consumers can return the received product without giving reasons within two weeks by returning the product. The term begins at the earliest with the day on receipt of the product and this instruction in text form. Only with product that cannot be shipped as parcels consumers can declare the return also by a withdrawal request in text form (letter, fax or email). For the protection of the term the timely sending of the product or the withdrawal request in writing is enough. In any case, the return follows at the expenses and risk of Brendow. The return or written withdrawal request must be send to:

Joh. Brendow & Sohn Grafischer Großbetrieb und Verlag GmbH & Co. KG, Gutenbergstrasse 1, 47443 Moers, Telephone: 02841/809-0, Telefax: 02841/809-291, Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it (also see imprint).

In the case of an effective return the performances received on both sides are to be returned and probable uses to be given back (e.g., use advantages). With a deterioration of the item, value substitute can be required. This is applies not if the deterioration of the item results exclusively in its checking - as it may be possible to consumers in the retail shop, for example. For the rest, consumers can avoid the value liability to pay damages by not using the item like an owner and omitting everything that impairs its value.

The right of return does not exist for the delivery of goods which are made after specifications of the contracting partner or are custom-made for personal demands.

5. Prices and forwarding expenses

All prices quoted on www.fourframe.de contain the in each case valid legal sales tax and other price components.
In addition to the offered prices Brendow charges a forwarding expenses rate of 7.90 EUR per order of a frame system incl. calendar edition or 6.00 EUR per order of a calendar edition.


6. Delivery

The mode of dispatch is selected by Brendow or the company commissioned by Brendow. Should the ordered product not be available in time because Brendow is not supplied with this product by his supplier in time, Brendow inform the contracting partner immediately. In such a case the contracting partner may wait for the ordered item or reverse the order. With a cancellation all equities are immediately refunded if necessary. Should not all ordered products be available, Brendow is entitled to part deliveries at own expenses, as far as this is reasonable for the contracting partner.
Provided that the contracting partner is no consumer according to §13 Civil Code, place of performance is the supply depot Brendow and the item it is sent on risk of the contracting partner.


7. Payment

Payments for national or international orders may only be made by wire transfer to the business account of Brendow. The account informations are indicated during the order process and are transmitted by the confirmation of receipt of the order by email.

The contracting partner is only entitled to the right for compensation their counterclaims were judicially ascertained or were accepted by Brendow in writing.


8. Reservation of proprietary rights

The product remains a property of Brendow up to the entire payment. Before transition of the property a pledging, protective conveyance, processing or transformation is not allowed without approval of Brendow.


9. Guarantee

Small optical deviations of the delivered item of the product description are no defect, as far as these are reasonable and customary and have no influence on the use efficiency of the product. Should the delivered item fall short, Brendow will either deliver a substitute in adequate time after choice of the contracting partner, or carry out the removal of the shortage. Brendow bears the costs of the subsequent performance. If the desired kind of the subsequent performance is possible only with disproportionate costs, the claim of the contracting partner limits itself to the other way of subsequent performance. If the subsequent performance does not finally succeed (after at least two attempts), the contracting partner has the right to cancel the purchase or to lower the purchase price after his choice. All compensation claims are directed after figure 10. Other claims regarding faultiness of the product are excluded.

If the contracting partner is a consumer according to §13 Civil Code, the period of warranty regarding material defects and defects of title is 24 months from delivery. Otherwise, the term is twelve months, with the exception of Brendow maliciously hiding a defect. In this case the legal period of limitation applies.
The right of return of the contracting partner after figure 4. remains untouched from these prescriptions these Terms and Conditions.


10. Liability

Brendow only guarantees compensation and replacement of vain expenditures in the extent described below, regardless of their legal ground (e.g., breach of duty or civil offence).

In cases of intent and culpable negligence Brendow is fully liable. With declaration of a guarantee Brendow also fully covers the protective purpose enclosed by the guarantee.

Otherwise Brendow is liable only in case of negligent violation of an essential contract duty (cardinal obligation), namely for replacement of the predictable and typical damage.

The legal liability with personal damages, by injury of life or health and according to the product liability law remains untouched.


11. General regulations

German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

As far as the contracting partner is a qualified merchant, legal person of the public law or a special fund under public law  or has their residence abroad, is the jurisdiction Moers.

 
Gutenbergstraße 1 | 47443 Moers
Phone: 0049 28 41 / 8 09 - 0 | info@fourframe.de