Terms and Conditions
Terms of Service
The following general terms and conditions apply to companies and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). They also apply, insofar as legally permissible, between companies and private end users – they continue to apply both to mail order sales via the Internet by means of electronic orders by email, and to orders in our business premises. Deviations or conflicting conditions require our express written consent in order to be valid. This also applies to unconditional delivery.
- Offer and conclusion of contract
Our offers of goods displayed in the internet shop represent a non-binding invitation to the buyer to order goods from us. By ordering the desired object of purchase, the buyer submits a binding offer to conclude a purchase contract. In the event of acceptance, an automatic confirmation will be sent to the buyer. Sending the ordered goods is equivalent to an express declaration of acceptance.
3.1 Deliveries are made exclusively to the delivery address specified in the order. The delivery takes place from the warehouse in Munich. Within the Federal Republic of Germany, parcel services are sent exclusively by prepayment at the expense of the buyer. Deliveries to addresses outside of the Federal Republic of Germany are made by parcel service or forwarding agency at the expense of the customer and only in advance.
3.2 The details of expected delivery times are non-binding. Fixed delivery deadlines and dates are met if the ordered goods have left the Munich warehouse by the time they expire, or – if the goods cannot be dispatched on time through no fault of their own and readiness for dispatch has been notified. Exceeding non-binding delivery dates does not constitute a right of recourse or compensation. When the ordered goods are dispatched from the Munich warehouse, the risk of destruction or deterioration is transferred to the buyer. If the dispatch is delayed for reasons for which the buyer is responsible, the risk is transferred to him on the day of readiness for dispatch.
- Payment and prices
The prices are ex warehouse in Munich including statutory VAT and without any deductions. If advance payment has been agreed, the goods will only be released once payment has been received. Payments have to be made net cash to our bank account given in the order confirmation. The customer and invoice numbers must be stated in the purpose. In the event of default in payment, we are entitled to charge dunning costs of EUR 4.00 per reminder and default interest of 6% above the respective base rate of the European Central Bank.
- No minimum order quantities
Orders can be put together individually, according to the needs of the buyer.
Goods values over € 59 gross justify free shipping within Germany.
- Retention of title
The goods remain our unrestricted property until all obligations arising from the business relationship have been settled in full.
In the event of seizure or other interventions by third parties, the buyer must notify us immediately in writing so that we can take legal action in accordance with Section 771 ZPO if the goods have not yet been paid for in full.
- Warranty for defects and liability
All items are sold by us as 1st choice in packaged condition and can be viewed by the buyer beforehand. Claims for defects are therefore excluded, unless we have fraudulently concealed the defect or have violated a guarantee of quality. The same applies to defects of title. In addition, claims for defects on the part of the buyer require proper notifications of defects in accordance with Section 377 of the German Commercial Code (HGB). Any claims for defects become statute-barred within 6 months, calculated from the transfer of risk. We are not liable for damage that has not occurred to the product itself and not for other financial losses suffered by the customer. Our liability, for whatever legal reason, is limited to intent and gross negligence. All liability restrictions do not apply in the event of personal injury, violation of a quality guarantee, or claims under the Product Liability Act. Any recourse claims by the buyer are excluded due to the natural properties of the goods. As far as recourse claims are given, the buyer cannot assert any further claims than he is entitled to according to § 478 BGB. In particular, recourse claims based on an agreement between the buyer and his customer that go beyond the statutory warranty are excluded.
- Features of origin
The goods may be resold in the name of the company “Fan Point GmbH”. Company labels, price tags and article numbers may be used for this purpose.
- Data protection
Since the protection of privacy and the personal data of customers when using our website is important to us, we strictly adhere to the rules of data protection laws. We therefore only collect personal data to the extent that is technically necessary. In the following explanations you will find out how we guarantee this protection and which data is collected for which purpose.
Use of personal data
The subject of data protection is personal data. According to Section 3 (1) of the Federal Data Protection Act (BDSG), these are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes information such as name, postal address, email address or telephone number.
Your data will only be passed on to third parties without your consent if we are legally obliged to do so. The only exception to this is the data that is passed on to the appropriate parcel service to be commissioned with the dispatch to the extent necessary for processing the order (address and, if applicable, telephone number).
Access, rectification, blocking and deletion of data
You have the right to information, correction, blocking or deletion of your stored data at any time. If the deletion is contrary to statutory, contractual, commercial or tax retention periods or reasons, your data will be blocked instead of being deleted. Please contact us in writing or by email at our address below.
The Internet pages use so-called cookies in several places. These are data records that are sent from the web server to the user’s web browser and stored there for later retrieval. They serve to make our offer more user-friendly, more effective and safer. Cookies do not damage your computer and do not contain viruses. The collection and storage takes place exclusively in anonymized or pseudonymized form and does not allow any conclusions to be drawn about you as a natural person.
Anonymous data processing
When you visit our website and each time a file is called up, our web server collects log information about these processes (e.g. browser type, date and time of the call). These are not personal data. It is therefore not possible for us to assign the recorded data to a specific person.
If you have any questions about this data protection declaration, please contact us directly by post or email:
Fan Point GmbH ,
Egerlandsrtrasse 4a, 80937 München
Tel.: +49 (0) 15154707751
10.1 All offers, agreements and deliveries are based on our terms and conditions. These are also recognized for future orders by placing an order or accepting the delivery.
10.2 We are not liable if the offer or the sale of the goods violates the rights of third parties.
10.3 Should individual provisions of these conditions or parts thereof be or become ineffective, the remaining provisions or the remaining part thereof shall remain unaffected. The parties undertake to replace the ineffective regulation with a legally permissible regulation that comes closest to the economic purpose of the ineffective regulation. If gaps emerge during the execution of the contract, the contracting parties undertake to fill the gap with a provision that takes their mutual economic interests into account.
Legal relationships between us and the buyer are subject exclusively to the material provisions of the law of the Federal Republic of Germany, excluding the UN Agreement on the Purchase of Movable Items (UNCITRAL / CESG).
Location of execution and court is Munich.
Fan Point GmbH , Egerlandstr. 4a , 80937 München , Steuer-Nr. 14313600794
Umsatzsteuer-Identifikationsnummer: DE 255448965