• 1 Scope and provider

• These General Terms and Conditions apply to all orders that you place in the online shop of

Fritz & Frodewin GmbH

Forstgut Bergholz 2

21514 Langenlehsten

Managing Directors: Lorenz Luhmann and Maximilian v. Cossel

make.

• The range of goods in our online shop is aimed exclusively at buyers who are 18 years of age or older.

• Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby expressly rejected.

• The contract language is exclusively German.

• You can find the currently valid General Terms and Conditions on the

Website www.fritzundfrodewin.de

retrieve and print.

• 2 Conclusion of contract

• The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

• By clicking the button [“Order now and pay” / "buy"] you are making a binding offer to purchase (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.

• After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

• A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance. Exception: when paying in advance and with PayPal, the order is accepted immediately upon your order.

• 3 prizes

The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website at [“Shipping Information” / “Delivery Conditions” ].

• 4 Terms of payment; default

• Payment can be made by: invoice in advance, Paypal or Paypal Express

• We are responsible for selecting the payment methods available at any given time. In particular, we reserve the right to only offer you selected payment methods, for example only advance payment to protect our credit risk.

• If you choose to pay in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

• When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

• If you pay by direct debit, you may have to bear any costs that arise as a result of a payment transaction being reversed due to insufficient funds in your account or due to incorrect bank details being provided by you.

• If you fall behind on a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default occurs, you will be charged a reminder fee of EUR 2.50, unless lower or higher damages can be proven in individual cases.

• 5 Set-off/Right of retention

• You only have the right to set off your claims if your counterclaim has been legally established, is not disputed or recognised by us or is closely related to our claim.

• You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

• 6 Delivery; Retention of Title

• Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.

• The goods remain our property until the purchase price has been paid in full.

• As an exception, we are not obliged to deliver the ordered goods if we have ordered the goods properly but have not been delivered correctly or on time (congruent hedging transaction). This is provided that we are not responsible for the lack of availability of the goods and that we have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are not available, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our inventory and the goods we have ordered from our suppliers.

• If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following applies in addition:
  • We reserve title to the goods until all claims arising from the current business relationship have been settled in full.

Before the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.

• You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.

• If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
• We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

• 7 Cancellation Policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that can predominantly not be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must contact us

Company: Fritz & Frodewin GmbH

Address: Forstgut Bergholz 2, 21514 Langenlehsten

Email: post@fritzundfrodewin.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

sample cancellation form

If you want to cancel the contract, please fill out this form and send it back.

To

Company:

Address:

E-mail:

Fax:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if notification is on paper)

Date

(*) Delete as appropriate.

end of the cancellation policy

• The right of withdrawal does not apply to delivery

• of goods that are not prefabricated and whose production is based on an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name),

• sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

• of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,

• of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

• of newspapers, magazines or illustrated magazines with the exception of subscription contracts.

• Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by inadequate packaging.

• Please note that the modalities referred to in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

• 8 Transport damage

• If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and contact us as soon as possible.

• Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, it will help us to assert our own claims against the freight carrier or transport insurance.

• 9 Warranty

• Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the

Sales law (§§ 433 ff. BGB).

• If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the liability period for warranty claims for used items is one year - in deviation from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation), as well as to claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

• Otherwise, the statutory provisions apply to the warranty, in particular the two-year limitation period according to Section 438 Paragraph 1 No. 3 of the German Civil Code (BGB).

• If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:
  • Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements or other advertising by the manufacturer.
  • You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. To meet the deadline, it is sufficient to send the goods on time. This also applies to hidden defects discovered later. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
  • In the event of defects, we will provide warranty at our discretion by repairing the goods or supplying a replacement (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
  • If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract.
  • The warranty period is one year from delivery of the goods.

• 10 Liability

• Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from slight negligence resulting from injury to life, body and health of persons.

• In addition, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.

• 11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes relating to their online order without having to go to court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/ reachable.

We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you the opportunity to participate in such a procedure.

• 12 Final Provisions

• Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

• Contracts between us and you are subject exclusively to German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you habitually reside remain unaffected by the choice of law.

• If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: September 2022