General Terms and Conditions of FMB Shop GmbH, Brendelweg 148, 27755 Delmenhorst
The following terms of sale and delivery apply to all contracts concluded with us.
No other agreements or arrangements shall be valid unless confirmed by us in writing. By concluding the contract, the contractual partner acknowledges the validity of these General Terms and Conditions.
We hereby expressly object to any special purchasing terms of the buyer as a precautionary measure.
1. Ordering
(1) The fact that we offer products at a specific time does not imply or guarantee that these products are available at all times. We reserve the right to discontinue any product at any time.
(2) You may place orders via our online shop at www.fmb-shop.de. You also have the option to order our products by telephone at 04221 21973, Monday through Friday from 10:00 a.m. to 6:00 p.m. and Saturday from 10:00 a.m. to 1:00 p.m. Furthermore, you may order our products via email at info@fmb-shop.de. Written orders sent to the address FMB Shop GmbH, Brendelweg 148, 27755 Delmenhorst, are also possible.
(3) If you have provided us with an email address, you will receive an order confirmation via email; otherwise, you will receive it by mail. The contract is concluded only upon receipt of the order confirmation.
(4) If, for any reason, we are unable to fulfill the order, we will notify you as soon as possible. If we have already received payment for the order, we will refund the corresponding amount using the payment method you utilized. If, for any other reason, a different arrangement needs to be made, a customer service representative will contact you to arrange a refund.
2. Delivery and Delivery Time
(1) Domestic: If the item is in stock, delivery takes place within 72 hours, provided that this period falls on a working day.
(2) International: 7–10 days within Europe; up to 4 weeks worldwide.
(3) Please note that new releases are shipped in the order in which pre-orders were received. Items are sent to the address specified by the customer using the shipping method requested by the customer—specifically, via DHL Deutsche Post Worldnet. We assume no liability for delays during transit.
(4) FMB Shop GmbH will endeavor to meet the agreed delivery time. Delivery times are stated subject to our own correct and timely supply. Unless we are responsible for the lack of availability, delivery time estimates are non-binding. You will be informed of any delays as soon as possible. In the event of significant delays exceeding 3 days, you have the right to withdraw from the contract. This does not affect any right of extraordinary withdrawal.
(5) Shipping takes place only when all items included in an order are available for delivery. Partial deliveries are made only upon the customer's express request. If partial deliveries cannot be shipped free of charge as separate orders under our terms, the corresponding shipping costs apply to each partial delivery. Circumstances may arise where shipping costs are incurred multiple times for orders that would otherwise qualify for free shipping, due to partial deliveries. FMB Shop GmbH will inform the customer of this when a partial delivery is requested.
3. Prices
(1) All stated prices include the applicable statutory VAT plus shipping costs. Shipping costs.
(2) FMB GmbH is entitled to adjust the price of pre-order items and items with a delivery time exceeding four months if the procurement cost has changed by more than 10%. This applies to both price increases and price reductions; however, FMB GmbH has no discretion regarding price reductions. In both cases, price adjustments are permitted only to the extent of the price increase or reduction. You will be informed of any price adjustment as soon as possible. Both parties have the right to withdraw from the contract in the event of a price adjustment. This does not affect the right of extraordinary withdrawal.
4. Delivery costs
(1) As a general rule, all goods are shipped upon receipt of advance payment or an advance check. Domestic shipping costs are €7.00 for cash-on-delivery shipments and €6.90 for shipments paid in advance (via bank transfer or check) (up to 31.5 kilograms; please refer to the shipping information).
(2) Delivery is free of charge for domestic orders with a purchase value of €150.00 or more.
(3) Goods are delivered abroad exclusively against prepayment. Please wait for the corresponding invoice. Postage costs within the European Union and worldwide are calculated based on actual costs incurred. (Overview of our shipping costs)
5. Payment
(1) Payment from Germany: via prepayment.
(2) Invoices are payable without deduction within 14 days of receipt of the invoice.
(3) Payment may be made via bank transfer, Visa or Mastercard, or PayPal. We reserve the right to change the available payment methods.
(4) Payment from abroad: If paying by Visa or Mastercard, shipment takes place immediately. If paying by bank transfer to our account or via PayPal, shipment takes place once the final invoice amount has been credited to our account.
(5) Payments must be made to the following account:
Landessparkasse zu Oldenburg
Account holder: FMB Shop GmbH
BIC: SLZ0DE22XXX
IBAN: DE21 2805 0100 0094 1506 87
6. Retention of Title
(1) All delivered items remain our property until final payment has been made.
(2) However, the buyer is entitled to possess and use the purchased item in accordance with the contract, provided they meet their obligations arising from the retention of title and the business relationship in a timely manner.
(3) Until the purchase price has been paid in full, the buyer assigns to us any claims arising from the resale of the goods.
7. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the last item of an order.
To exercise your right of withdrawal, you must inform us (FMB Shop GmbH, Brendelweg 148, 27755 Delmenhorst, 04221/21973, info@fmb-shop.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to FMB Shop GmbH, Brendelweg 148, 27755 Delmenhorst, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. These costs are estimated at a maximum of approximately EUR 10.00.
You are only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us.)
– To [insert trader’s name, address, and e-mail address here]:
– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.
8. Severability clause
Should individual provisions of these Terms and Conditions prove to be invalid or unenforceable, in whole or in part, or become invalid or unenforceable due to changes in legislation after the conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole shall remain unaffected.
9. Scope of Application
By placing an order, the aforementioned terms and conditions are deemed accepted.
This applies expressly to repeat orders and subsequent orders as well.
Ancillary agreements must be made in writing and confirmed.
Reviewed by the law firm von Seggern & Quaß, Markt 1, 27777 Ganderkesee
As of: December 2024