Terms & Conditions

General Terms and Conditions (GTC)

for orders placed via the online shop of
FRSM – trading under the brand DOESS

§1 Scope

(1) These General Terms and Conditions apply to all orders placed via the online shop by consumers and entrepreneurs.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (Section 13 of the German Civil Code).

(3) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).

(4) These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without the need for further express reference to them.

§2 Contractual Partners

The purchase agreement is concluded with:

FRSM
Owner: Floris Spoelstra
Trading under the brand DOESS
Stationsweg 110
2182 BD Hillegom
Netherlands

Email: doesscontact@gmail.com

§3 Conclusion of Contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.

(2) By clicking the “order with obligation to pay” button, the customer submits a binding offer to conclude a purchase agreement.

(3) The contract is concluded as soon as we confirm the order by e-mail or dispatch the goods.

§4 Prices and shipping costs

(1) All prices are final prices and include statutory VAT.

(2) Shipping costs may apply in addition to the prices shown. These will be clearly displayed during the ordering process.

(3) For deliveries to non-EU countries, additional customs duties or taxes may apply, which are to be borne by the customer.

§5 Delivery

(1) Delivery will be made to the address provided by the customer.

(2) The delivery time will be specified in the respective offer.

(3) If a product is unavailable, we will inform the customer immediately.

(4) We bear the shipping risk towards consumers until the goods are handed over.

§6 Payment Terms

(1) Payment is made using the payment methods offered in the shop.

(2) The purchase price is due immediately unless otherwise agreed.

(3) We reserve the right to require prepayment for deliveries to businesses.

§7 Right of withdrawal (only for consumers)

Consumers have a statutory right of withdrawal.

Details can be found in our separate cancellation policy.

§8 Retention of Title

(1) The goods remain our property until full payment has been received.

(2) Extended retention of title applies to business customers. The business customer is entitled to resell the goods in the ordinary course of business. The resulting claims are hereby assigned to us.

§9 Warranty

(1) The statutory warranty rights apply.

(2) The warranty period for entrepreneurs is one year from delivery.

(3) For consumers, the statutory limitation period of two years applies.

§10 Liability

(1) We are liable without limitation in cases of intent and gross negligence.

(2) In cases of simple negligence, we shall only be liable for breaches of essential contractual obligations (cardinal obligations), limited to foreseeable damages typical for this type of contract.

(3) The limitations of liability do not apply in cases of injury to life, body or health, nor under the Product Liability Act.

§11 Applicable Law

(1) Dutch law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) In relation to consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.