General Terms and Conditions of Delivery

Version: October 1, 2025

1. Scope of Application

1.1. The deliveries and services (hereinafter collectively "Deliveries") of Fischer Panda GmbH (hereinafter also "we", "our", etc.) are made exclusively on the basis of these General Terms and Conditions (hereinafter "Terms") and in accordance with the contract concluded between us and our customer (hereinafter “Customer”). These Terms apply exclusively; we do not recognize any general terms and conditions of the Customer that conflict with or deviate from these Terms, unless we have expressly agreed to their validity in writing. These Terms shall also apply if we carry out the Deliveries without reservation or accept payments in the knowledge that the Customer's terms and conditions conflict with or deviate from these Terms. The Customer's terms and conditions of business or purchase are hereby rejected.

1.2. These Terms apply to business transactions with Entrepreneurs and Consumers. A “Consumer” is a person who enters into a legal transaction with us for purposes that are predominantly neither commercial nor self-employed, Section 13 German Civil Code (BGB). An “Entrepreneur” is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity, Section 14 BGB. Provisions that apply exclusively to Entrepreneurs are marked accordingly; provisions that apply exclusively to Consumers are also marked accordingly. All provisions not marked separately shall apply to both types of Customers.

1.3. In ongoing business relationships, these Terms also apply to all future contracts with Customers who are Entrepreneurs, without the need to refer to these Terms in each individual case.

2. Offer, Conclusion of Contract

2.1. Our pre-contractual communications (in particular contract offers, descriptions, and cost estimates) are always subject to change and non-binding, unless we expressly designate them as binding. Unless otherwise agreed, they refer to standard commercial quality. Agreements only become binding upon our order confirmation.

2.2. The Customer's order constitutes a binding offer, which we can accept within two weeks by sending an order confirmation or by delivering the goods.  Until the expiry of this period, the Customer's orders are irrevocable. Our declarations aimed at concluding contracts (in particular order confirmations) must be in text form. The requirement for written form does not affect any agreements concluded informally after the conclusion of the contract. We also remain entitled to bring about the conclusion of a contract by carrying out Deliveries without reservation or by invoicing Deliveries in whole or in part. Our silence does not constitute a basis for confidence in the conclusion of a contract.

2.3. If a letter of confirmation from the Customer deviates from our offer or our order confirmation, or extends or restricts it, the Customer shall highlight the changes as such; such deviations shall only become part of the contract if we accept them in writing.

2.4. Our sales representatives are not authorized to make verbal side agreements that go beyond the content of the written contract.

 

3. Suitability for Use, Documents, Intellectual Property

3.1. The documents belonging to the offer, such as illustrations, drawings, weight and dimension specifications, are only approximate unless they are expressly designated as binding in writing and the usability for the contractually agreed purpose does not require exact conformity. Technical information provided by us, in particular safety data sheets and information on the storage, handling, and disposal of our products, must be strictly observed by the Customer.

3.2. Unless expressly agreed otherwise, we reserve ownership and all our rights to all documents (in particular product descriptions, brochures, catalogs, price lists, illustrations, calculations, technical documents) that we have made available to the Customer. Unless otherwise agreed in writing, we retain the copyright to all documents.

3.3. The documents referred to in clause 3.2. may not be reproduced or made available to third parties without our written consent. If the Customer violates this provision, we may demand lump sum damages amounting to 5% of the net order value of the contract in question, unless the Customer is not responsible for the violation. In the event of particularly high damages, such as the disclosure of trade secrets to third parties, the possibility of claiming higher damages remains unaffected. The Customer is permitted to prove that we have incurred no damage or less damage than the lump sum.

3.4. A Customer must ensure that our product information (in particular product and application information) that we have made available to the Customer is passed on to the respective further recipients of our Deliveries. We will provide the Customer with the necessary documents for this purpose upon request, unless they have already been supplied.

3.5. If our Deliveries have been manufactured using know-how, inventions, patents, copyrights, or other property rights of which we are the owner or authorized user, the Customer shall only be granted rights of use to the extent necessary to achieve the purpose of the contract. All other rights of use and exploitation (in particular patent and copyrights) remain with us.

3.6. Samples, models, drawings, or data carriers provided by the Customer will only be returned at the Customer's request and expense. If an order is not placed and a request is not received in time, we are entitled to destroy the samples, models, or drawings provided one month after submitting our offer, without any claims for compensation arising from the destruction.

4. Prices

4.1. Unless expressly agreed otherwise, prices are quoted in euros.

4.2. The purchase price offered is binding. For Consumers the value added tax is included at the applicable statutory rate.

4.3. If the Customer is an Entrepreneur the prices apply – unless otherwise agreed – on the basis of FCA (Incoterms 2020) delivery from our factory in Paderborn, including packaging costs but excluding value added tax at the applicable statutory rate.

4.4. The agreed purchase price is based on the costs of materials, energy, transport, and wages applicable at the time the contract is concluded. If there is a significant overall cost increase of more than 5% by the agreed delivery date – for example, due to unforeseeable developments on the procurement markets – we reserve the right to adjust the agreed prices at our reasonable discretion. However, this only applies if there are more than four months between the conclusion of the contract and the delivery date. The Customer will be informed of any price change in writing without delay. If the adjustment exceeds 10% of the originally agreed purchase price, the Customer has the right to withdraw from the contract within 14 days of receiving our notification. In this case, we will refund any payments already made without delay; further claims are excluded.

4.5. If design documents are produced on behalf of or at the request of the Customer, these will be invoiced separately. This also applies if no Deliveries are made.

5. Payment Terms

5.1 Our purchase price claims are due within 30 calendar days after receipt of the invoice and delivery of the goods.

5.2 Notwithstanding this, we are entitled at any time, even within the framework of ongoing business relationships, to make Deliveries in whole or in part only against advance payment. We will make a corresponding reservation at the latest with the order confirmation.

5.3 The timeliness of payment shall be determined by the crediting of the invoice amount to our account specified in the offer and order confirmation.

5.4. For all individual Deliveries that have to be built according to Customer specifications, advance payments shall be regulated on a case-by-case basis.

5.5. If no advance payment has been agreed and, after conclusion of the contract, there are justified doubts about the Customer's solvency or creditworthiness – in particular due to a significant deterioration in their economic circumstances or objective information from third parties – we shall be entitled to make outstanding Deliveries or provide outstanding services only against advance payment or against the provision of appropriate securities. If the Customer does not comply with our corresponding request within a reasonable period, we are entitled to withdraw from the contract. Further statutory rights of withdrawal and refusal to perform shall remain unaffected by this.

5.6. If the Customer defaults on payment, we are entitled to charge default interest at the statutory rate. For Consumers, the default interest rate is five percentage points above the respective base interest rate (Section 288 para. 1 BGB). For Entrepreneurs, the default interest rate is nine percentage points above the base interest rate (Section 288 para. 2 BGB). In addition, we reserve the right to charge Entrepreneurs a lump-sum default fee of EUR 40 in accordance with Section 288 para. 5 BGB. The assertion of further damages caused by default remains unaffected in each case.

5.7. The Customer shall only be entitled to set-off rights if their counterclaims have been legally established or are undisputed or if the counterclaim arises from the same contractual relationship.

6. Delivery, Delivery Dates

6.1. Delivery shall be made FCA (Incoterms 2020) from our factory in Paderborn, which is also the place of performance for the Deliveries. At the Customer's request and expense, the goods shall be shipped to another destination (mail order sales). Unless otherwise agreed, we shall be entitled in this case to determine the type of shipment (in particular the transport company, shipping route, packaging) ourselves.

6.2 As a matter of principle, we provide Deliveries in standard commercial packaging. Packaging that exceeds the transport purpose known to us or any other special protection, e.g. for long-term storage or warehousing of the goods, requires an express agreement.

6.3. We are entitled to make partial shipments, insofar as this is reasonable for the Customer. We shall bear the additional costs incurred as a result of the partial shipments. The Customer's right to withdraw from the entire contract in the event of remaining shipments not being made on time in breach of duty and through fault, if he has no interest in the partial performance already rendered, remains unaffected.

6.4. Our delivery dates or delivery periods are exclusively non-binding information, unless we have expressly agreed with the Customer that they are binding. As a rule, the delivery period is specified by us upon acceptance of the order and generally begins upon conclusion of the contract. The delivery period shall not commence before the Customer has provided the necessary documents, approvals, releases, and clarification of all technical questions and specifications, and before receipt of any down payment that may be due.

6.5. The delivery period shall be deemed to have been met when we have notified the Customer that the Deliveries are ready for collection. Insofar as acceptance is required, the acceptance date shall be decisive, except in the case of justified refusal of acceptance, or alternatively the notification of readiness for acceptance.

6.6. Our delivery obligation to Entrepreneurs is subject to the proviso that we ourselves receive proper and timely delivery from our own suppliers.

We are entitled to withdraw from the contract with Consumers if we have ordered the Deliveries from our suppliers in a proper and timely manner (congruent covering transaction) but, through no fault of our own, have not been supplied or have not been supplied on time and the Deliveries are therefore unavailable. In this case, we undertake to inform the Customer immediately of the unavailability and to reimburse any consideration already paid without delay.

6.7. For Deliveries that fall under the dangerous goods regulations (ADR, RID, IMDG, IATA), the Customer undertakes to observe all applicable regulations for the transport, handling, and storage of these Deliveries on their own responsibility. The Customer must ensure that third parties commissioned by it and any other recipients are also informed accordingly and that they comply with the relevant legal and safety-related provisions. Any official approvals, labels, or training certificates required for handling such Deliveries must be obtained or provided by the Customer at their own expense and responsibility. We accept no liability for violations of dangerous goods regulations by the Customer or third parties.

6.8. If the Customer is in default of acceptance, fails to cooperate, or our Deliveries are delayed for other reasons for which the Customer is responsible, we shall be entitled to demand compensation for the resulting damage, including additional expenses (e.g., storage costs), or to withdraw from the contract. After withdrawing from the contract, we shall be entitled to dispose of the Deliveries elsewhere.

7. Transfer of Risk, Acceptance

7.1. The risk of accidental loss and accidental deterioration of the Deliveries shall pass to the Customer at the latest upon handover.

The following applies to mail order sales:

a) If the Customer is an Entrepreneur, the risk of accidental loss and accidental deterioration of the Deliveries shall pass to the Customer as soon as the Deliveries have been handed over to the person or institution designated to carry out the shipment. This shall also apply if we bear the shipping costs or carry out the shipment ourselves.

b) If the Customer is a Consumer, the risk shall only pass to the Consumer or a recipient designated by the Consumer upon handover of the Deliveries.

7.2. In the event of default of acceptance by the Customer, the risk of accidental loss and accidental deterioration of our Deliveries shall pass to the Customer at the time of default of acceptance.

8. Delay in Delivery

8.1. In the event of a delay in delivery on our part, our liability shall be limited as follows: The Customer's claim for damages due to delay shall be limited to 0.5% of the net price of the delayed Deliveries for each full week of delay, up to a maximum of 5% of the net price of the delayed Deliveries. This limitation shall not apply in the event of liability due to intent or gross negligence or in the event of injury to life, limb, or health.

8.2. In accordance with the statutory provisions, the Customer may only withdraw from the contract due to delays in delivery if we are responsible for the delay or if it is no longer reasonable for the Customer to adhere to the contract due to the delay. Statutory rights of termination and withdrawal remain unaffected by this.

8.3. At our request, the Customer must declare within a reasonable period of time whether they wish to withdraw from the contract due to the delay in Deliveries or continue to insist on the Deliveries.

9. Reserved Goods

9.1. If the Customer is a Consumer, we reserve title to the Deliveries until the purchase price has been paid in full.

9.2. Section 9.2. and its sub-sections apply only to Customers who are Entrepreneurs.

9.2.1. We reserve title to the Deliveries (hereinafter "Reserved Goods") until all our current and future claims arising from the purchase contract and the ongoing business relationship (secured claims) have been paid in full.

9.2.2. The Customer is obliged to cooperate in measures necessary to protect our retention of title; in particular, by concluding the contract, the Customer authorizes us to make any necessary entries or notes of our retention of title in public registers at the Customer's expense and to fulfill all other formalities necessary under the applicable property law. If the legal system applicable at the place of performance does not recognize our retention of title, the Customer undertakes to cooperate in establishing a comparable security interest in the Reserved Goods.

9.2.3. The processing or transformation of the Reserved Goods by the Customer shall always be carried out free of charge for us as the manufacturer within the meaning of Section 950 BGB. The Customer shall store the new item for us with the care of a prudent businessman. It shall be deemed to be Reserved Goods. If the Customer processes, combines, or mixes the Reserved Goods with other items, we shall be entitled to co-ownership of the new item in proportion to the invoice value of the Reserved Goods to the invoice value of the other goods used. If our retention of title expires due to combination or mixing, the Customer hereby transfers to us the ownership rights to which he is entitled in the new stock or the new item to the extent of the invoice value of the Reserved Goods and shall store them for us free of charge. Our (co-) ownership rights arising hereunder shall be deemed Reserved Goods.

9.2.4. The Customer is obliged to store the Reserved Goods separately from other goods belonging to the Customer or third parties, to mark them as our property, to treat them with care, to maintain them at his own expense for the duration of the retention of title, and to insure them at their replacement value in our favor against theft, breakage, fire, water, and other risks. The Customer shall carry out any necessary maintenance and inspection work on the Reserved Goods at their own expense and risk. The Customer hereby assigns to us all claims for compensation arising from these insurance policies as a precautionary measure.

9.2.5. The Customer may only resell the Reserved Goods in the ordinary course of business. He is not entitled to dispose the Reserved Goods in any other way, in particular by pledging them or transferring them as security. As a precaution, the Customer hereby assigns to us all claims arising from the resale of the Reserved Goods. The Customer is hereby authorized to collect the claim. If the Reserved Goods are sold by the Customer together with other goods not sold by us, the assignment of the claim from the resale shall only apply to the amount of the resale value of the respective Reserved Goods sold. If the claim arising from the resale by the Customer is included in a current account relationship with his Customer, the recognized balance, which is assigned in the amount of the resale value of the Reserved Goods sold in each case, shall replace the current account claim after it has been settled. In the event of the sale of goods in which we have co-ownership shares in accordance with Section 9.2.3., the assignment of the claim shall apply in the amount of the corresponding resale value of these co-ownership shares.

9.2.6. We shall be entitled to revoke the authorization to sell the Reserved Goods and the collection authorization if the Customer defaults on payment or disposes of the Reserved Goods outside the ordinary course of business, or if, after conclusion of the contract, a significant deterioration in the Customer's financial circumstances becomes apparent which jeopardizes a claim on our part. In the event of a suspension of payments by the Customer or an application to open insolvency proceedings against the Customer's assets, the authorizations to sell Reserved Goods and the collection authorization shall automatically lapse. In this case, we shall also be entitled, without prejudice to other claims, to prohibit the processing, combination, or mixing of the goods subject to retention of title. In addition, as in the case of a revocation of the collection authorization, we shall be entitled to demand that the Customer immediately notify us of the assigned claims and name the debtors, provide all information necessary to assert the claims, hand over the relevant documents, and inform the debtors of the assignment.

9.2.7. After revocation or lapse of the authorization to collect claims, incoming assigned outstanding amounts must be immediately accumulated by the Customer in a special account, whereby the payments must be clearly assignable to us.

9.2.8. If the Reserved Goods are used by the Customer to fulfill a contract for work or services, the Customer's claim from the contract for work or services shall be assigned to us to the same extent as specified in Sections 9.2.3. and 9.2.5.

9.3. In the event of seizures, confiscations, or other dispositions or interventions by third parties, the Customer must indicate our ownership and notify us immediately.

9.4. Withdrawal from the contract is not necessary to assert the retention of title. If we assert our rights of retention of title, this shall only be deemed a withdrawal from the contract if we expressly declare this. Any return of goods shall always be for security reasons only; this alone does not constitute a withdrawal from the contract. The Customer's right to possess the Reserved Goods shall expire if we demand the Reserved Goods due to default in payment. The Customer hereby authorizes us to enter its premises for this purpose, to take back the Reserved Goods and to sell them on the open market to offset the outstanding claim, less any costs incurred.

9.5. If the value of the security interests to which we are entitled exceeds the amount of the secured claims by more than 10%, we shall, at the Customer's request, release a corresponding part of the security interests at our discretion.

 

 

10. Liability for Defects

10.1. The following applies to Entrepreneurs: If the Customer is a merchant, they shall notify us in writing of any obvious defects in the delivered goods without undue delay, at the latest within eight days of delivery, otherwise the goods shall be deemed to have been approved. Hidden defects must be reported in writing without undue delay, at the latest within eight days of their discovery, otherwise the goods shall be deemed to have been approved.

10.2. If the Customer is a Consumer, the statutory liability rights for defects apply to all goods, with the exception of claims for damages and reimbursement of expenses. When the Consumer is entitled to claims for damages and reimbursement of expenses is governed by Section 11. The statute of limitations is regulated in detail in Section 10 No. 6.

10.3. The following applies to Entrepreneurs: If the goods are defective at the time of transfer of risk, subsequent performance shall be provided by remedying the defect (repair) or by delivering goods free of defects (replacement delivery). We shall choose the method of subsequent performance (repair or replacement). If the subsequent performance fails, the Customer shall have the right, at their discretion, to withdraw from the contract or to reduce the price. Section 11 applies to claims for damages and reimbursement of expenses. The statute of limitations is regulated in detail in Section 10 para. 6.

10.4. The place of performance for subsequent performance is our registered office.

10.5. If, after inspection of the goods, the Customer's request for subsequent performance proves to be unjustified, we may, without prejudice to other rights, charge any costs for shipping the goods to us and returning them to the Customer, as well as costs for inspecting the goods, if the Customer recognized or negligently failed to recognize that their request for subsequent performance was unfounded.

10.6. Claims by the Customer for defects shall become time-barred within one year of delivery. This shall not apply

a) in the case of Section 438 para. 1 No. 1 BGB (rights in rem of third parties entitling them to surrender the item);

b) for claims for damages based on intent or gross negligence, for injury to life, limb, or health, or for liability under the Product Liability Act (ProdHaftG);

c) insofar as the Customer is a Consumer: for claims for subsequent performance, withdrawal, or reduction;

d) if the Customer is an Entrepreneur: in the case of Sections 478, 479 BGB (seller’s recourse).

In the aforementioned cases, the Customer's claims for defects shall become time-barred within the statutory limitation period.

11. Compensation for Damages and Expenses

11.1. Claims by the Customer for reimbursement of expenses and damages, regardless of the legal basis, are excluded.

11.2. The above limitation of liability under Section 11.1 of these Terms shall not apply:

a) to claims for reimbursement of expenses by an Entrepreneur pursuant to Section 327u para. 1 BGB or Section 445a para. 1 BGB;

b) to claims for reimbursement of expenses pursuant to Section 439 para. 2 and 3 BGB;

c) in the case of liability under the Product Liability Act (ProdHaftG);

d) in the event of the assumption of a guarantee or a procurement risk;

e) in cases of intent or gross negligence;

f) in the event of culpable injury to life, limb, or health;

g) in the event of liability based on data protection claims;

h) in the event of culpable breach of essential contractual obligations, i.e. obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you can regularly rely. However, our liability for breach of essential contractual obligations is limited to compensation for foreseeable damage typical for this type of contract, unless there is intent or gross negligence or we are liable for injury to life, limb, or health or under the Product Liability Act.

11.3. Insofar as our liability is limited in accordance with Section 11.1 of these Terms, this also applies to the personal liability of our employees, auxiliary persons, and legal representatives.

11.4. The above provisions do not imply a change in the burden of proof to the detriment of the Customer.

11.5. Liability for delay is governed by Section 8.

12. Force Majeure

12.1. If the performance of a contract is impeded by force majeure (hereinafter "Force Majeure"), i.e., circumstances for which a party to the contract is not responsible and which could not have been foreseen at the time of conclusion of the contract despite exercising reasonable care, in particular due to partial or general mobilization, war, civil war, acts or conditions of war or war-like acts, imminent threat of war, state interventions or controls within the framework of a war economy, currency and trade policy measures or other sovereign measures, arbitrary acts by authorities or politicians, riots, terrorism, natural disasters, accidents, labor disputes, epidemics, pandemics, significant operational disruptions (e.g., fire, machine breakdown, shortage of raw materials or energy), significant traffic disruptions or other unusual delays in transport, each of which is not of short duration, the contractual obligations of the parties shall be suspended and the deadlines and dates scheduled for the execution of Deliveries shall be extended accordingly, regardless of whether these circumstances occur at our premises, at a supplier's premises or at a subcontractor's premises.

12.2. Force Majeure must be reported to the other party without undue delay. In such a case, the parties shall negotiate an appropriate adjustment to the contract (also taking into account the commercial content). If such an adjustment to the contract cannot be achieved, both parties shall have the right to withdraw from or terminate the contract, but no earlier than three (3) months after the onset of the Force Majeure event. Statutory rights of withdrawal and termination or those regulated in these Terms shall remain unaffected.

13. Liquidated Damages

If the Customer withdraws from a contract without justification, we are entitled, without prejudice to the assertion of any actual higher damages, to claim 10% of the gross order value for the costs incurred in processing the contract and the loss of profit as liquidated damages. The Customer reserves the right to prove that we have incurred less damage or no damage at all.

14. Indemnification

If the Customer does not forward our product information in accordance with Section 3.4 to the respective further recipients of our products and our products cause damage to these recipients that could have been avoided if our product information had been known and observed, the Customer shall indemnify us against all third-party claims in connection with such damage or reimburse us for any compensation payments already made by us, unless the Customer is not responsible for this. Any further liability on the part of the Customer remains unaffected by this.

15. Confidentiality

15.1. The Customer is obliged to treat all information, in particular know-how and trade secrets, which it obtains from us and which is marked as confidential or which is clearly confidential under the circumstances (hereinafter "Confidential Information"), regardless of whether it has been communicated in written, electronic, embodied or oral form. In particular, the Customer is not authorized to disclose or make the Confidential Information available to third parties without our prior consent. The Confidential Information may only be used for the purposes of the contract. The Customer shall impose a corresponding confidentiality obligation on its employees and other persons who have access to the Confidential Information in connection with the performance of the contract.

15.2. Information is exempt from the obligation in Section 15.1 if

a) was already known to the Customer at the time of conclusion of the contract or subsequently becomes known from third parties without violating any confidentiality agreement, legal regulations or official orders,

b) is already generally known at the time of conclusion of the contract or becomes generally known at a later date, provided that this is not due to a breach of this contract,

c) was independently developed by the Customer without access to our confidential information, or

d) they must be disclosed due to legal obligations or by order of a court or authority.

15.3. The obligations under this Section 15 shall remain in force for a period of five years after the termination of the contract or business relationship, regardless of how the contract or business relationship is terminated.

16. Export Control

16.1. Our performance of the contract is subject to the proviso that there are no obstacles to performance due to national or international foreign trade regulations, embargoes, and/or other sanctions.

16.2. When selling and passing on the Deliveries made by us to third parties in Germany and abroad, the Customer must comply with the applicable provisions of national and international (re-) export control law. Sale/transfer (direct or indirect) to or for use in countries/regions subject to an embargo under the applicable provisions of (re-)export control law (in particular Germany, the EU, and/or the U.S.) is not permitted unless we have given our prior written consent.

16.3. If required for export control checks, the Customer shall, upon request, immediately provide us with all information about the end recipient, end use, and intended use of the Deliveries made by us, as well as any relevant export control restrictions.

16.4. If the export of the goods is subject to a statutory or official approval requirement at the time of delivery/performance and such an export license is not granted upon application, we shall be entitled to terminate the contract or the accepted order without any liability on our part.

16.5. We shall also be entitled to cancel accepted orders if a trade ban exists at the time of delivery or if there is a product registration requirement and the registration has not been applied for or granted at the time of delivery/performance.

16.6. The Customer shall indemnify us in full against all claims asserted against us by authorities or other third parties due to the Customer's failure to comply with the above export control obligations and undertakes to compensate us for all damages and expenses incurred by us in this connection, unless the Customer is not responsible for the breach of duty. This does not imply a reversal of the burden of proof.

16.7 If the Customer violates the obligations set forth in this Section 16, we shall have the right to either withdraw from the contract or terminate it. Statutory termination rights remain unaffected by this.

17. Right of Withdrawal

17.1. The following applies to Consumers: When concluding a distance selling transaction, you generally have a statutory right of withdrawal, unless the goods are not prefabricated and their manufacture is based on an individual selection or determination by the Consumer or are clearly tailored to the Consumer's personal needs.

17.2. The following cancellation policy applies to Consumers:

Right of Withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. In the case of a contract for the delivery of goods in multiple partial shipments or pieces, the withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece. To exercise your right of withdrawal, you must inform us, Fischer Panda GmbH, Otto-Hahn-Str. 40, 33104 Paderborn, Germany, phone number: +49 5254 9202-0, email address: info@fischerpanda.de, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse you for all payments 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), without undue delay and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14 period. You bear the direct costs of returning the goods. You will not incur any further costs. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

 

17.3. The following model withdrawal form applies to Consumers:

Sample Withdrawal Form If you wish to withdraw from the contract, please fill out this form and send it to Fischer Panda GmbH, Otto-Hahn-Str. 40, 33104 Paderborn, Germany (info@fischerpanda.de). I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): Ordered on (*)/received on (*)--------------------------------------------------------------------------------------------- Name of consumer(s) -------------------------------------------------------------------------------------------- Adress of consumer(s)------------------------------------------------------------------------------------------ Signature of Consumer(s) (only for paper notifications) ---------------------------------------------------- Date ---------------------------------------------------------------------------------------------------------------------- (*) Delete as appropiate.

 

18. General Provisions

18.1. The parties process personal data exclusively for the fulfillment of contractual obligations in compliance with the applicable data protection regulations. Our privacy policy can be found here: https://www.fischerpanda.de/en/fischer-panda-gmbh/data-protection-policy.

18.2. Legally relevant declarations and notifications made to us by the Customer after conclusion of the contract (e.g., setting of deadlines, reminders, declarations of withdrawal) must be made in writing. Insofar as these Terms refer to a written form requirement, the text form within the meaning of Section 126b BGB (permanent data carriers such as fax, email, letter) shall suffice.

18.3. The assignment of claims by the Customer arising from the contractual relationship is excluded without our prior written consent. This does not apply to monetary claims if the Customer is a Consumer or if there is an overriding interest in the assignment. In commercial business transactions, Section 354a HGB (German Commercial Code) remains unaffected.

18.4. In the event of the invalidity of individual provisions of the contract, including these Terms, the remaining provisions shall remain valid.

18.5. Amendments and supplements to this contract must be made in writing to be effective. This also applies to the waiver of this written form requirement.

19. Applicable Law, Arbitration/Place of Jurisdiction

19.1. These Terms and the contractual relationship between us and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

19.2 The following applies to Entrepreneurs: If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, all disputes arising out of or in connection with the contractual relationship between us and its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law. The arbitral tribunal shall be comprised of a sole arbitrator. The seat of the arbitration is Paderborn, Germany. The language of the arbitration shall be English.

19.3 For a Consumer, the exclusive place of jurisdiction is Paderborn, Germany, if the Consumer moves their place of residence or habitual abode outside Germany or if their place of residence or habitual abode is unknown at the time the action is brought.

 

*****

Fischer Panda GmbH

Otto-Hahn-Str. 40

33104 Paderborn

Germany

 

Tel: +49 (0) 5254-9202-0

  Fax: +49 (0) 5254-9202-550

 

Email: info@fischerpanda.de

Web: www.fischerpanda.de