General Terms and Conditions
- 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a provider (Franklees UK Limited) via the website www.franklees.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
- 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated 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" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Google Pay, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
- 3 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
More information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and as specified in
Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna App here (https://www.klarna.com/de/klarna-app/).
- 4 Right of retention, retention of title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
- 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
- 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
- customer information
- identity of the seller
Franklees UK Limited
9A Baynes Mews
London
NW3 5BH
United Kingdom
E-mail: hello@franklees.co.za
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions.
Contract language, contract text storage
The contract language is German.
The complete contract text will not be stored by us. Before sending the order via the shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, 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.
Essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
Prices and payment methods
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.
The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping has been promised.
Any costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
Terms of delivery
The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, 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 any other person designated to carry out the shipment.
Legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions.
Our liability
We warrant to you that any product purchased from us through our website is of satisfactory quality and is reasonably fit for all purposes for which products of that type are commonly supplied.
Our liability for any loss you suffer as a result of a breach of this agreement is strictly limited to the purchase price of the product you purchased.
This in no way excludes or limits our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
We are not responsible for any indirect loss that is incidental to the principal loss or damage, including, but not limited to:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
Loss or corruption of data; or waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.