General Terms and Conditions (GTC)
1. Scope
1.1 These General Terms and Conditions (GTC) govern the terms between you and us, Fortdress Group GmbH, Duisburger Str. 4, 57234 Wilnsdorf, Germany (District Court Siegen, HRB 12467, Managing Directors Matthias Lauber, Jerry Lauber, Sebastian Lauber, VAT ID No. DE281123191), hereinafter referred to as "Seller," exclusively applicable conditions, unless they are modified by written agreements between the parties. These terms and conditions apply to all contracts concluded between a consumer or entrepreneur (hereinafter also "Customer") and us regarding the goods and/or services displayed in our online shop, whether online, by fax/email, telephone, or other communication channels. The inclusion of the customer's own terms and conditions is hereby rejected unless agreed otherwise.
1.2 Changes to these GTC will be communicated to you in writing, by fax, or by email. If you do not object to these changes within four weeks of receiving the notification, the changes will be deemed accepted by you. You will be separately informed about your right to object and the legal consequences of remaining silent in case of changes to the GTC.
1.3 Different provisions of these GTC may apply to entrepreneurs, which will be explicitly indicated. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed neither to their commercial nor their independent professional activity.
2. Registration as a User
2.1 Your registration on our online shop is free of charge. There is no entitlement to access our online shop. Only persons with full legal capacity are eligible to participate. Upon our request, you must send us a copy of your ID card. To register, you must electronically complete the registration form on our website and submit it to us. You must provide the data required for registration completely and truthfully. During registration, you choose a personal username and password. The username must not violate the rights of third parties, other naming or trademark rights, or good morals. You are obligated to keep the password confidential and not disclose it to third parties.
2.2 Apart from consenting to these General Terms and Conditions, your registration does not entail any obligations. You can delete your entry under "My Account" at any time. Registration with us alone does not obligate you to purchase any goods offered by us.
2.3 You are responsible for updating your personal data if it changes. All changes can be made online after logging in under "My Account."
3. Data Protection
3.1 All personal data provided by you (salutation, company name, name, address, date of birth, email address, telephone number, fax number, bank details, credit card number) will be processed by us exclusively in accordance with the provisions of German data protection law.
3.2 Your personal data, to the extent necessary for the establishment, content-related design, or modification of the contractual relationship (inventory data), will only be used to process the purchase contracts concluded between you and us, for example, for delivering goods to the address you provided. Any further use of your inventory data for advertising, market research, or the customized design of our offers requires your express consent. You have the opportunity to give this consent before placing your order. This declaration of consent is completely voluntary and can be accessed and revoked by you on our website at any time.
3.3 Your personal data necessary to enable the use of our services and to bill you (usage data) will also initially be used exclusively to process the purchase contracts concluded between us. Such usage data includes, in particular, characteristics for identifying you as a user, information on the beginning and end as well as the scope of each use, and details on the telemedia used by you as a user. We will also use this usage data for advertising, market research, or the customized design of our telemedia to create usage profiles using pseudonyms. You are entitled and have the option to object to this use of your usage data under "My Account". Under no circumstances will usage profiles be merged with corresponding data.
3.4 Further information on data protection can be found here: https://fortdress-group.com/Rechtliches/Privacy-und-Privacy/
3.5 Personal data communicated to us via our website will only be stored until the purpose for which they were entrusted to us is fulfilled. Where commercial and tax retention periods must be observed, the duration of certain data storage may be up to 10 years.
3.6 If you no longer agree to the storage of your personal data or if it has become incorrect, we will, in accordance with legal requirements and upon corresponding instruction, arrange for the deletion, correction, or blocking of your data. Upon request, you will receive free information about all personal data we have stored about you. For questions regarding the collection, processing, or use of your personal data, for information, correction, blocking, or deletion of data, please contact:
Fortdress Group GmbH
Duisburger StraĂźe 4
57234 Wilnsdorf
+49 (0) 2739 47 979 0
info@fortdress-group.com
Links to other websites:
To the extent that we refer or link to third-party websites from our website, we cannot assume any responsibility or liability for the accuracy, completeness of content, or data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should review the provided privacy policies separately.
4. Conclusion of contract
4.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer. All offers made by the Seller are subject to change and non-binding. Please refer to the individual product descriptions on our website for the essential features of the goods offered by us and the validity period of limited offers.
4.2 The Customer can submit the offer via the integrated online order form in our online shop. To do so, after placing the selected goods and/or services into the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking the final button to proceed with the order.
4.3 The Seller can accept the Customer's offer within five days by:
sending the Customer a written order confirmation or a confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive, or
delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
4.4 The deadline for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day after the offer is sent.
4.5 Before bindingly submitting the order using the Seller's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
4.6 Only the languages German and English are available for concluding the contract after the Customer's appropriate selection.
4.7 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.
When ordering via our online shop, the ordering process comprises a total of 10 steps:
1. Register as a customer or order conveniently via our guest access.
2. Select the desired items and add them to the shopping cart.
3. Enter your billing address and/or delivery address.
4. Choose the shipping method.
5. Select the payment method.
6. You have the opportunity to review your order once more.
7. Complete your order.
8. We will send you a confirmation that your order has been received.
9. We will dispatch your goods.
10. Depending on the payment terms, you pay your invoice.
4.8 The Customer can also place their order via fax/email, telephone, or another communication channel instead of using the online order form. To do so, the Customer first sends us a product inquiry. We will then submit a binding offer to the Customer, which the Customer can accept within 5 calendar days. If the Customer accepts our offer, they will receive an order confirmation from us. Furthermore, these General Terms and Conditions also apply to this type of order.
5. Storage of the contract text
When an offer is made via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) along with these GTC [General Terms and Conditions] after the order has been sent. Additionally, the contract text is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected customer account, provided that the Customer has created a customer account in the Seller's online shop before submitting their order.
6. Retention of Title
The delivered goods remain our property until full payment of all claims. The Customer is authorized to resell our reserved goods in the ordinary course of business. The Customer hereby assigns to us in advance all resulting claims against third parties up to the respective invoice amount (including VAT). Notwithstanding this assignment, the Customer remains entitled to collect the claims (extended retention of title).
7. Right of Withdrawal for Consumers
Withdrawal Instructions for Consumers
Consumers have a right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or self-employed professional activity. Further information: https://fortdress-group.com/en/legal/returns-right-of-withdrawal/
8. Prices and Payment Conditions
8.1 Unless otherwise specified in our non-binding offer, the prices quoted are net prices plus the applicable statutory value-added tax, which will also be separately indicated. For all deliveries to Germany, an additional flat-rate shipping fee of 8.95 euros including statutory VAT applies. Any additional delivery and shipping costs that may apply are specified in the respective product description or separately here: https://fortdress-group.com/en/legal/shipping-payment-terms/
8.2 Various payment methods are available to the Customer, as specified in the Seller's online shop.
8.3 All invoices are due upon creation and payable net within 14 days.
8.4 If advance payment is agreed upon, payment is due immediately upon conclusion of the contract.
8.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PayPal Plus, to which we assign our payment claim. PayPal Plus debits the invoice amount from the Customer's specified credit card account. In the event of assignment, payment with debt-discharging effect can only be made to PayPal Plus. The credit card will be charged immediately after the Customer's order is sent in the online shop. Even when selecting the payment method credit card payment via PayPal Plus, we remain responsible for general customer inquiries, e.g., regarding the product, delivery time, shipment, returns, complaints, withdrawal declarations and returns, or credits.
9. Price Validity and Adjustments
All catalog prices are net prices plus statutory value-added tax ex warehouse. Fortdress Group GmbH reserves the right to adjust prices at any time. Offsetting or withholding rights against claims from Fortdress Group GmbH are excluded, unless the Customer has counterclaims that have been legally established, are undisputed, or have been acknowledged in writing by Fortdress Group GmbH. Deviating payment terms may be agreed upon for projects.
10. Default of Payment, Refusal of Acceptance, and Returns
Fortdress Group GmbH is entitled to charge a processing fee of €2.50 for each reminder. In the event of default of payment, all claims of Fortdress Group GmbH against the Customer become due for immediate payment, even if they were deferred individually or not yet due due to another maturity agreement. If the purchased item is not accepted by the Buyer after dispatch or notification of readiness for dispatch, all additional costs incurred are borne by the Buyer. In the case of temporary refusal to accept, regardless of the demand for higher proven costs per calendar month of storage 1/2% of the invoice amount is charged for storage costs. Fortdress Group GmbH is entitled but not obliged to set a deadline for acceptance by the Customer, after the expiry of which Fortdress Group GmbH is entitled to withdraw from the contract demanding damages. If the Buyer definitively refuses to accept the purchased item or if Fortdress Group GmbH withdraws from the purchase contract after an unsuccessful deadline for acceptance, Fortdress Group GmbH is entitled to demand 15% of the invoice value from the Buyer as a lump sum for costs and damages. Returns must be postage paid and will only be accepted by us with prior approval. Returns of goods must be made within 14 days, after which the right to return expires. Special orders and custom-made products are excluded from returns. All returns must be in the original condition and are subject to a restocking fee of 15%. Where flat-rate compensation is provided for in the foregoing, the Buyer retains the right to prove that Fortdress Group GmbH has suffered no damage or only minor damage.
11. Delivery Conditions
11.1 Delivery times stated by Fortdress Group GmbH are non-binding. If Fortdress Group GmbH makes delivery commitments with fixed deadlines, this does not constitute a fixed transaction. Failure to meet delivery deadlines by Fortdress Group GmbH does not entitle the Customer to withdraw from the contract. In case of strike, lockout, war, force majeure or other obstacles beyond the control of Fortdress Group GmbH, Fortdress Group GmbH is entitled to reject or postpone delivery in whole or in part and/or to withdraw from the contract in whole or in part without giving rise to subsequent delivery or compensation claims by the Customer. Unless otherwise agreed in writing, Fortdress Group GmbH is at any time entitled to make partial deliveries and to invoice them. In the case of sale by delivery, shipping is always at the risk of the Customer from the warehouse, even if free delivery has been agreed in individual cases or partial deliveries have been made. Fortdress Group GmbH is not liable for transport damages. In the case of sale by delivery, damages must be documented on shipping documents before acceptance of the shipment. In case of sale by delivery, the Customer may arrange transport insurance for the goods. Fortdress Group GmbH is not obliged to provide any form of transport insurance. The goods are properly delivered if the Customer does not object in writing within 7 days from the date of delivery stating the reasons.
11.2 Unless otherwise stated in the offer, we dispatch the goods within 2 working days after receipt of payment. For delivery on invoice or payment by direct debit, we dispatch the goods within 2 working days after receipt of the order confirmation, unless otherwise stated in the offer.
11.3 The delivery of the goods takes place to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
11.4 If the carrier returns the shipped goods to us because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the offered service, unless we have provided the announced service with a reasonable deadline in advance.
11.5 Self-collection is possible.
12. Payment Conditions
Payment can be made by invoice, Paypal, credit card, or bank transfer. The invoice amount is to be transferred to our account within 14 days after settlement of the invoice. You can only exercise a right of retention if the claims result from the same contractual relationship. For orders outside the online shop, only payment by invoice is possible.
13. Warranty, Limitation of Liability
13.1 The warranty is based on statutory provisions. If used goods are the subject of the purchase contract and the Buyer is not a consumer, the warranty is excluded.
13.2 We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the contract purpose and on whose compliance you as a Customer regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. We are not liable for the slight negligence of duties other than those mentioned in the preceding sentences.
13.3 The above limitations of liability do not apply in case of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
13.4 Data communication over the Internet can't be guaranteed to be error-free and/or always available according to the current state of technology. We do not assume any liability for the constant and uninterrupted availability of our online shop in this respect.
14. Applicable Law and Jurisdiction
14.1 The laws of the Federal Republic of Germany apply, excluding the UN Sales Convention. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14.2 Siegen is agreed upon as the place of performance for all obligations arising from contracts with Fortdress Group GmbH. The legal relationships between Fortdress Group GmbH and the Buyers are governed exclusively by the laws of the Federal Republic of Germany. Siegen is the place of jurisdiction for all contractual relationships for full merchants. In the event that one or more of the above provisions are ineffective, the effectiveness of the general terms and conditions of business and delivery shall remain unaffected. In such a case, the parties are obliged to replace the ineffective clause with an effective clause that comes as close as possible to the economic sense and purpose of the ineffective clause.
15. Information on Online Dispute Resolution
The EU Commission provides a platform for online dispute resolution (ODR) on the internet under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
16. Information Obligation after Disputes
In fulfillment of our legal obligation under § 37 of the Consumer Dispute Resolution Act (VSBG), we would like to inform you that we are neither obliged nor willing to participate in alternative dispute resolution procedures before consumer arbitration boards.
However, it is legally required that we inform you purely informatively of a consumer arbitration board responsible for you:
General Consumer Arbitration Board of the Center for Arbitration e.V.
StraĂźburger Str. 8
77694 Kehl
Website: www.verbraucher-schlichter.de
17. Vouchers
Vouchers can only be redeemed for online orders at www.fortdress-group.com until the end of the promotional period.
Vouchers are only valid for products from the specified promotional ranges.
Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. Only one voucher can be redeemed per order.
Vouchers cannot be combined with other promotions or discounts.
The value of the goods must at least correspond to the value of the voucher. Any remaining credit will not be refunded.
Voucher credits will not be paid out in cash or earn interest.
Vouchers will not be refunded if the customer returns the goods paid for in whole or in part with the voucher within the scope of their legal right of withdrawal.
Vouchers are transferable. The seller can perform with discharging effect to the respective owner. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity to act, or lack of representation authority of the respective owner.
18. Copyright
All rights reserved by Fortdress Group GmbH for every website design, text, and all graphics. Copying or reproduction (including printing on paper) of the entire website or parts of this website is only permitted for the purpose of placing an order with Fortdress Group or for using this website as a shopping resource. Any other use of the materials or information available on this website—including reproduction, redistribution, modification, and publication for purposes other than those mentioned above—is prohibited unless Fortdress Group GmbH has given prior written or electronic consent.
As of: February 2023