Terms and Conditions

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you conclude with us as a provider (FRENCHMAN GmbH) via the website https://frenchman-energy.eu/. Unless otherwise agreed, the inclusion of any conditions you may have used is objected to.

(2) For the purposes of the following regulations, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.

After clicking the "Checkout" or "Proceed to Order" button (or a similar designation) and entering your personal data as well as payment and shipping conditions, you will finally be shown the order data as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to our online shop's order overview page or to the instant payment system provider's website.

If you are redirected to the respective instant payment system, make the appropriate selection or input of your data there. Finally, you will be shown the order data as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check the details in the order overview, to change them (also via the "back" function of the internet browser) or to cancel the order.

By submitting the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order with costs", "pay" / "pay now" or a similar designation) you declare the acceptance of the offer in a legally binding manner, whereby the contract comes into effect.

(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"

When selecting a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our internet presence as well as in the online ordering process. For payment processing, "PayPal" can use other payment services; if special payment conditions apply for this, you will be separately pointed out to these. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Stripe"

When selecting a payment method offered via "Stripe", the payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our internet presence as well as in the online ordering process. For payment processing, "Stripe" can use other payment services; if special payment conditions apply for this, you will be separately pointed out to these. Further information on "Stripe" can be found at https://stripe.com/de.

§ 4 Retention Right, Reservation of Ownership

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or

 security transfer is not permitted before ownership of the goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled on request, insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) If you are an entrepreneur, the following applies, notwithstanding paragraph 1:

a) Only our own specifications and the product manufacturer's product description are deemed to have been agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the case of defects, we provide a guarantee at our discretion either by rectification of the defect or by replacement delivery. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. The rectification of defects is considered to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided the move does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- culpably caused damage from injury to life, body or health and for other damage caused intentionally or through gross negligence

- as far as we have fraudulently concealed the defect or have taken over a guarantee for the quality of the goods

- for goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness

- in the case of statutory recourse claims that you have against us in connection with rights of defect.

§ 6 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

FRENCHMAN GmbH

Sigmundstraße 182

90431 Nürnberg

Germany

Phone: 091192847000

E-Mail: info@frenchman-energy.eu

The European Commission provides a platform for online dispute resolution (ODR).

2. Information on the Formation of the Contract

The technical steps for the formation of the contract, the formation of the contract itself and the correction options are carried out in accordance with the regulations "conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer (e.g. by e-mail), which you can print out or save electronically.

4. Main Features of the Product or Service

The key features of the goods and/or services can be found in the respective offer.

5. Prices and Payment Methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately labeled button on our website or in the respective offer, will be shown separately during the ordering process and are to be borne additionally by you, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs may be incurred in individual cases for which the provider is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Warranty Rights

7.1. The statutory warranty rights apply.

7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply, this does not affect your statutory warranty claims.

These general terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.

last update: 27.10.2020