F2 FUN & FUNCTION GMBH,
Schleizer Str. 105, 95028 Hof
General Terms and Conditions
As of: 01.01.2025
1. Scope of Application
1.1. These General Terms and Conditions apply exclusively to merchants.
1.2. Only these terms and conditions shall apply. Contradictory or deviating terms of the buyer are not recognized unless the seller has expressly agreed to their validity.
1.3. These General Terms and Conditions also apply to all future transactions with the buyer.
2. Contract
2.1. The order is deemed accepted unless it is rejected by the seller within 20 days.
2.2. Representatives are not authorized to make deviating or supplementary collateral agreements to these terms and conditions. This applies in particular to any assurances regarding specific characteristics of the purchased item.
3. Delivery
3.1. The goods are shipped from the seller's place of business at the buyer's expense and risk. Upon handover to the carrier, the risk of accidental loss passes to the buyer. Transport insurance is only taken out upon the express request and at the expense of the buyer.
3.2. Delivery dates are approximate dates. In the event of delivery and performance obstacles such as force majeure, official measures, industrial action, as well as incorrect or late self-delivery by the manufacturer for which the seller is not responsible, the delivery period shall be extended by 2 weeks, beginning with the original delivery date. If, at the end of this period, the resolution of the performance obstacle is not foreseeable and the performance is therefore impossible, the seller may withdraw from the contract. This applies accordingly insofar as the performance is partially impossible.
In the event of delivery and performance delays, the seller, insofar as they are responsible for them, shall only be in default after a prior reminder by the buyer. In this case, the seller shall receive a grace period of 2 weeks, beginning with the receipt of the reminder, within which they can provide the delivery or performance. Only thereafter may the buyer reject the performance and withdraw from the contract or demand compensation for non-performance.
4. Warranty
4.1. The buyer is obliged to check the goods for completeness and defects immediately upon receipt.
4.2. Noticeable defects must be specified and communicated within 10 days of receipt of the goods at the latest. The complaint must have reached the seller by the end of this period. Hidden defects must be reported immediately upon discovery.
4.3. If the notice of defect is justified and made in a timely manner, the buyer's warranty claims are limited, after prior return of the defective goods, initially to subsequent improvement or replacement delivery at the seller's discretion. If this fails, the buyer may demand rescission or price reduction.
4.4. Warranty claims become statute-barred one year after the delivery of the goods supplied by us to the buyer. The limitation period in the case of a delivery recourse according to §§ 478, 479 of the German Civil Code (BGB) remains unaffected.
5. Retention of Title
5.1. Check/Bill of Exchange Clause: If, in connection with the payment of the purchase price by the buyer, a bill of exchange liability of the seller is established, the retention of title as well as the underlying claim from goods deliveries shall not expire before the cashing of the bill of exchange by the buyer as the drawee.
5.2. Extended Security Clause: If the value of the existing securities exceeds the claims to be secured by more than (the percentage margin for the respective industry to be inserted here, but a maximum of 20%), the seller is obliged to release them at the buyer's request.
5.3. Surrender of Reserved Goods: The seller is entitled to demand the surrender of the objects belonging to them at any time, in particular to assert the rights to separation or assignment of the claim to the consideration in insolvency proceedings, if the satisfaction of their claims by the buyer is at risk, in particular if insolvency proceedings are opened against their assets or their financial circumstances deteriorate significantly. The assertion of the retention of title as well as the attachment of the delivered items by the seller do not count as a withdrawal from the contract.
5.4. Third-party Interference with Reserved Goods: In the event of attachments or seizures of the reserved goods or other dispositions or interventions by third parties in the rights of the seller, the buyer must notify them immediately and do everything necessary in coordination with them to avert the risk. Insofar as it is necessary for the protection of the reserved goods, the buyer must assign claims to the seller upon request. The buyer is obliged to compensate for all damages and costs – including court and legal fees – incurred by the seller through intervention measures against access by third parties.
6. Prices and Payments
6.1. Prices are based on the price list valid at the time of the order, plus value-added tax and any packaging costs.
6.2. Only our delivery and payment terms shall apply, which our customer agrees to upon placing the order, and this also applies to future transactions, even if they are not expressly referred to, but have been received by the orderer with an order confirmed by us. If the order is placed deviating from our delivery and payment terms, only our delivery and payment terms shall apply, even if we do not object. Deviations only apply if they have been expressly acknowledged by us in writing.
6.3. We are entitled to assign the claims from our business relations.
6.4. If the buyer is in default of any payment obligations to us, all existing claims become due immediately.
6.5. All payments are to be made with debt-discharging effect exclusively to the bank account of Coface Finanz GmbH, Isaac-Fulda-Allee 1, 55124 Mainz, to which we have assigned the current and future claims from our business relationship. We have also transferred our retention of title to this institution.
7. Offsetting and Retention Rights
The buyer may only offset against claims of the seller with undisputed or legally established claims.
The buyer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
8. Buyer's Payment Obligations in Case of Contract Cancellation
8.1 In the event of withdrawal from the purchase contract by a contracting party, the seller can assert the following claims:
Special expenses incurred on the occasion of the contract, e.g., commission, shipping costs, in the proven amount;
Compensation for damages caused by the buyer's fault, in the proven amount;
Remuneration for the use or utilization of the item and the resulting depreciation in value.
8.2 In the event of withdrawal from the purchase contract (pre-order), the seller can assert the down payment as a cancellation fee (maximum 50% of the order volume).
The seller is entitled to assert further claims insofar as these claims exceed the cancellation fee pursuant to sentence 1.
8.3 The buyer is permitted to prove that the amount asserted by the seller is lower.
9. Internet Sales by Buyer/Orderer
9.1. The distribution of goods on the internet requires our prior written consent. For this purpose, the buyer/orderer must provide information and documentation regarding structures, paths, layout, as well as text and image materials on their website.
9.2. The buyer/orderer is prohibited from using trademarks, trade names, or other intellectual property rights of our company in an identical or similar form, unless they have been expressly permitted to do so in advance.
9.3. The buyer/orderer is prohibited from selling the goods via internet auction platforms without prior written consent.
9.4. The buyer/orderer is prohibited from supplying third parties who do not comply with the above-mentioned provisions.
10. Liability for Damages
10.1. The seller's liability for contractual breaches of duty as well as in tort is limited to intent and gross negligence. This does not apply to injury to life, body, or health of the customer, claims due to the violation of cardinal obligations, and compensation for default damages (§ 286 BGB). In these respects, the seller is liable for any degree of fault.
10.2. Insofar as the claimant's liability for damages is excluded or limited, this also applies to the personal liability for damages of the employees, workers, staff, representatives, and vicarious agents.
11. Place of Performance, Choice of Law, Place of Jurisdiction
11.1. Unless otherwise stated in the contract, the place of performance and payment is the seller's place of business.
11.2. The law of the Federal Republic of Germany applies to the contract; the application of the UN Sales Convention is excluded.
11.3. Should individual provisions of this contract be or become invalid or contain a loophole, the statutory provisions shall apply. The remaining provisions remain unaffected.
11.4. The place of jurisdiction is, at our discretion, the registered office of the company or Mainz.
