General terms and conditions

I. Scope

The contract is concluded exclusively with us

Firstelectronics GmbH
Lärchenstr. 56
65933 Frankfurt am Main
Phone: +491726890500
Email:

on the basis of the following general terms and conditions.

Our offer is addressed exclusively to persons who have reached the age of 18. Minors may not place an order in our online shop or in any other distance selling channel (e.g. telephone, fax).

II. Conclusion of contract / delivery periods / delivery status notification and dispute resolution

1. Ordering via the shopping portal www.firstelectronics.de

a) The presentation of goods and downloadable software in the shopping portal www.firstelectronics.de does not constitute a legally binding offer by us. By clicking the “Buy now” button you submit to us an offer to conclude a purchase contract. The order confirmation we subsequently send does not yet constitute acceptance of that offer. The contract is formed only upon express acceptance or by sending an email stating that the goods are ready for collection or have been dispatched. If such acceptance is not declared within five calendar days, the contract is deemed not concluded.

b) You may correct input errors when ordering in the shopping portal www.firstelectronics.de by not clicking the “Buy now” button and instead using your browser to go back to the previous pages and correct order details such as quantity, shipping address, shipping method, etc. You may also remove individual items from the order at any time by clicking the shopping cart icon.

c) The contract language is German.

d) The contract text is not stored. However, at the end of the order process you may print the order information (which will also be emailed to you after the order is placed) and, where applicable, the acceptance declaration using your browser’s or email client’s print function.

2.

If you telephone us about product availability or express a wish to purchase goods or use a service by telephone, we will take your email address and send you a legally binding offer to conclude a contract. The contract is formed when you accept that offer.

3.

Delivery of the goods or making them available for collection takes place within the period stated for each item after receipt of payment in full. We and the carrier commissioned with delivery will notify you by email or telephone of delivery status (e.g. parcel shipment, delivery notification). For this purpose we may pass on the email address and/or telephone number you provided during checkout to the carrier. You may object to such disclosure at any time without affecting the lawfulness of processing carried out before the objection.

4.

Purchased software may be downloaded up to three times for backup purposes.

5.

The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

III. Prices / shipping costs / purchase on account

1.

All prices include statutory VAT, excluding freight charges and any cash-on-delivery fees (shipping costs).

2.

You bear any shipping costs. These depend on shipping method, payment method, weight, and destination. Current shipping costs are listed under the “Shipping costs” link.

3.

If you choose our “purchase on account” payment method, we may transfer your personal data to SCHUFA Holding AG, Wiesbaden, for credit assessment purposes and refuse “purchase on account” if the credit check is negative.

IV. Warranty

1.

Your warranty claims are governed by statutory provisions.

2.

We are not liable for manufacturer warranty statements.

V. Retention of title (goods)

1.

The sold item remains our property until all claims arising from this contract against you have been fulfilled. During that period the item may not be sold, given away, or lent.

2.

You must notify us without delay of destruction, damage, or theft of the item while retention of title applies. In such cases you hereby assign to us any claims against a wrongdoer or insurer for compensation for destruction, damage, etc. We hereby accept the assignment.

3.

While retention of title applies you must handle the purchased item with care.

VI. Damages / liability

1.

If you fail to accept the goods in breach of contract despite our setting a deadline and owe us damages as a result, you must pay liquidated damages of 15% of the purchase price (excluding VAT). Your statutory right of withdrawal is unaffected. Either party may prove that no damage or lower or higher damage than the lump sum occurred.

2.

Our liability and that of our vicarious agents for damages is limited to intent and gross negligence. This limitation does not apply to damages from injury to life, body, or health, nor to damages resulting from breach of obligations whose fulfilment is essential to proper performance of the contract and on whose compliance you may regularly rely (material contractual obligations). In cases of slight negligence we are liable, except for injury to life, body, or health, only for typical contractual, foreseeable damage.

VII. Set-off

You may set off only if your claims have been finally adjudicated or are undisputed. This does not apply to warranty and performance claims.

VIII. Right of withdrawal

As a consumer you have the following right of withdrawal. A consumer is any natural person who enters into a transaction predominantly neither for commercial nor self-employed professional purposes (Section 13 of the German Civil Code, BGB).

1. Withdrawal instructions (purchase of goods)

You have the right to withdraw from this contract within fourteen days without giving reasons. 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. To exercise your right of withdrawal you must inform us

Firstelectronics GmbH
Lärchenstr. 56
65933 Frankfurt am Main
Phone: +491726890500
Email:

by an unequivocal statement (e.g. letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the withdrawal form we provide, but it is not mandatory. To meet the withdrawal deadline it is sufficient that you send notice of exercising the right of withdrawal before that period expires.

Consequences of withdrawal

If you withdraw from this contract we shall refund all payments received from you, including delivery costs (except additional costs arising because you chose a delivery type other than our cheapest standard delivery), without undue delay and no later than fourteen days from the day on which we received notice of your withdrawal. We use the same payment method you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this refund. We may refuse repayment until we have received the goods back or until you have supplied evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of the withdrawal. The deadline is met if you dispatch the goods before expiry of the fourteen-day period. You bear the direct cost of returning the goods. If return shipment can only be by freight forwarding, those costs are estimated at no more than approximately EUR 95. You must compensate loss in value of the goods only if that loss results from handling other than necessary to inspect condition, characteristics, and functioning.

2. Withdrawal instructions (services)

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal you must inform us

Firstelectronics GmbH
Lärchenstr. 56
65933 Frankfurt am Main
Phone: +491726890500
Email:

by an unequivocal statement (e.g. letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the withdrawal form we provide, but it is not mandatory. To meet the withdrawal deadline it is sufficient that you send notice of exercising the right of withdrawal before that period expires.

Consequences of withdrawal

If you withdraw from this contract we shall refund all payments received from you, including delivery costs (except additional costs arising because you chose a delivery type other than our cheapest standard delivery), without undue delay and no later than fourteen days from the day on which we received notice of your withdrawal. We use the same payment method you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this refund. If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already rendered by the time you inform us of withdrawal compared with the total scope of services provided for in the contract.

Special note

Your right of withdrawal expires if we have fully completed the consultation and only began performing the consultation after you expressly agreed to early performance and confirmed your knowledge that you lose your right of withdrawal upon full performance by us.

3. Exclusion of the right of withdrawal

The right of withdrawal does not apply to the following contracts:

• contracts for the supply of goods not prefabricated and whose manufacture requires an individual choice or specification by the consumer or which are clearly tailored to personal needs;
• contracts for the supply of sealed goods unsuitable for return for health or hygiene reasons once unsealed after delivery;
• contracts for the supply of goods which after delivery are inseparably mixed with other items due to their nature;
• contracts for the supply of audio/video recordings or computer software in sealed packaging once unsealed after delivery;
• contracts for the supply of newspapers, periodicals, or magazines except subscription contracts;
• contracts where the consumer expressly requested the trader to visit them for urgent repair or maintenance; this does not apply to further services provided on that visit that the consumer did not expressly request, or goods supplied on that visit that are not necessarily spare parts for maintenance or repair.

IX. Final provision

The invalidity of individual provisions of these terms does not affect the remaining provisions.

Model withdrawal form

If you wish to withdraw from the contract, please complete and return this form.

1. To:
   Firstelectronics GmbH
   Lärchenstr. 56
   65933 Frankfurt am Main
   Phone: +491726890500
   Email:
2. I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods / the provision of the following service:
   (description of goods, order number if applicable, and price)
3. Ordered on:
   (date)
4. Received on:
   (date)
5. Consumer name and address:
6. Consumer signature (only for withdrawal on paper)
7. Date