Terms and Conditions and Customer Information

I. General Terms and Conditions

Provider, Customer Base, and Scope of Application
Conclusion of Contract
Right of Withdrawal and Returns
Prices, Shipping Costs, and Payment Terms
Delivery and Shipping Terms, Reservation of Self-Supply
Liability for Defects
Retention of Title and Right of Retention
Liability
Applicable Law and Place of Jurisdiction
Final Provisions

II. Distance Selling Information for Consumers

Identity of the Seller
Main Characteristics of the Goods or Services
Technical Steps Required to Conclude a Contract
Storage and Accessibility of the Contract Text
Technical Means to Detect and Correct Input Errors Before Submission
Languages Offered for the Conclusion of the Contract
Codes of Conduct to Which the Company Has Committed

I. General Terms and Conditions

1. Provider, Customer Base, and Scope

1.1 These General Terms and Conditions apply to all contracts concluded by customers via the online shop Duplo Composite Horseshoes, operated by H. Frank Kunststofftechnik GmbH, Vorderfreundorfer Straße 20, 94143 Grainet, Germany, Commercial Register: Amtsgericht Passau HRB 8803 — hereinafter referred to as “Duplo Composite Horseshoes”.

1.2 Customers as defined in Section 1.1 may be either consumers or business customers.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity; § 13 BGB.

1.4 A business customer within the meaning of these General Terms and Conditions is a natural person, a legal person, or a partnership with legal capacity who concludes a legal transaction in the course of their commercial or self-employed professional activity; § 14 BGB.

1.5 Duplo Composite Horseshoes only ships goods to delivery addresses within the countries listed under the shipping terms: www.duplo-frank.de/en/payment-and-shipping

2. Conclusion of Contract

2.1 The product presentations in the online shop of Duplo Composite Horseshoes do not yet constitute a binding offer. They show which individual products are available and are intended to enable the customer to submit a binding purchase offer.

2.2 The customer may submit their offer in the following ways:

in writing
by fax
by telephone
by email
online via the shopping cart system integrated in the online shop of Duplo Composite Horseshoes

2.3 During the ordering process via the shopping cart system, the customer can view the contents of the cart at any time. They can also remove products from the cart at any time. To correct input errors, the customer can use the standard browser, mouse, and keyboard functions.

2.4 Before sending the order via the shopping cart system, the customer is asked to review their information, confirm acceptance of these General Terms and Conditions, and correct any input errors. By submitting the online order form by clicking the button “confirm purchase,” the customer makes a binding offer to purchase the selected product.

2.5 Duplo Composite Horseshoes will send the customer an email confirmation of receipt of their offer without delay after receiving it. This confirmation of receipt does not yet constitute acceptance of the offer.

2.6 Duplo Composite Horseshoes may accept the customer’s offer within three working days:

by sending a written order confirmation
by sending an order confirmation in text form by email or fax
by sending a payment request

The deadline begins on the day after the customer has submitted their offer. What matters for meeting the deadline is the time at which the declaration is received by the customer.

2.7 The customer must ensure that the email address provided for order processing is valid. Emails from Duplo Composite Horseshoes must be deliverable to this address. If the customer uses a spam filter, they must ensure that emails from Duplo Composite Horseshoes or from authorized third parties can be delivered for order processing purposes.

3. Right of Withdrawal and Returns

Consumers generally have a right of withdrawal. Detailed information on this can be found in the cancellation policy of Duplo Composite Horseshoes: www.duplo-frank.de/en/withdrawal

All information on how to process returns is available online under FAQ → Service & Conditions.

4. Prices, Shipping Costs, and Payment Terms

4.1 Unless otherwise stated, the prices shown on the product pages include the statutory VAT and other price components. The prices do not include shipping costs. The applicable shipping costs are listed separately: www.duplo-frank.de/en/payment-and-shipping

4.2 Vouchers are issued tax-free in accordance with legal requirements. They are valid for three years from the date of issue and can only be redeemed on www.duplo-frank.de or through the Customer Service Team of the H. Frank Kunststofftechnik GmbH. Redemption via sales partners of H. Frank Kunststofftechnik GmbH or cash payout is not possible.

4.3 The payment options offered by Duplo Composite Horseshoes are specified in the information provided in the online shop: www.duplo-frank.de/en/payment-and-shipping

4.4 If the payment method “advance payment” or “PayPal” is agreed upon, payment is due immediately after the contract is concluded. Delivery will be made after receipt of payment. The items will be reserved for you until your payment is received (maximum 14 calendar days). After the reservation period has expired, the goods will be made available for sale again and the invoice sent to you will be cancelled.

4.5 If the payment method “credit card via Stripe” is agreed upon, the invoice amount is immediately due upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe.

4.6 If the payment method “credit card via PayPal" is agreed upon, the invoice amount is immediately due upon conclusion of the contract. Payment processing is carried out via the payment service provider PayPal.

4.7 If direct debit via SEPA direct debit is agreed upon, Duplo Composite Horseshoes is revocably authorized to collect the invoice amount from the customer's specified bank account. The direct debit will take place 7 days after the invoice date.
If the direct debit is not executed due to insufficient funds, incorrect bank account details, or an unauthorized objection by the customer, the customer must bear the fees incurred by the chargeback of the respective credit institution — provided the customer is responsible for the failed transaction.

5. Delivery and Shipping Terms, Self-Supply Reservation

5.1 The delivery time is based on the respective product presentation or on the delivery time specified in the shopping cart.

If advance payment is agreed upon, the delivery time begins on the working day after the customer issues the transfer order to their bank.
In all other cases, the delivery time begins on the working day after the contract is concluded.

5.2 Unless explicitly agreed otherwise, Duplo Composite Horseshoes will choose the appropriate shipping method and transport company at reasonable discretion.

5.3 The goods will be delivered to the delivery address provided by the customer.

5.4 If delivery to the customer is not possible and the transport company returns the shipped goods to Duplo Composite Horseshoes, the customer shall bear the costs of the unsuccessful shipment.
This does not apply if the customer is not responsible for the circumstances that made delivery impossible, or if the customer was temporarily unable to accept the offered service — unless Duplo Composite Horseshoes had announced the delivery to the customer within a reasonable time in advance.

5.5 The risk of accidental loss and the accidental deterioration of the sold goods passes to the customer or to a person authorized to receive the goods upon handover. If the customer is acting as a business customer, the risk of accidental loss and accidental deterioration shall — by way of derogation — pass to the customer in the case of a mail order purchase when the goods are handed over to a carrier at the place of business of Duplo Composite Horseshoes.

5.6 If the ordered product is not available because Duplo Composite Horseshoes is not supplied with this product by the supplier without fault, Duplo Composite Horseshoes may withdraw from the contract. In this case, Duplo Composite Horseshoes will inform the customer without delay and immediately refund any consideration already rendered by the customer.

Self-collection at the business location of Duplo Composite Horseshoes is only possible by prior arrangement for logistical reasons.

6. Liability for Defects

If the purchased item has a defect, the statutory provisions shall apply. By way of derogation, the following applies to items that were not used in accordance with their usual purpose in a building and caused a defective condition of the building:

6.1 If the customer is acting as a business customer, the statutory provisions apply with the following modifications:

A minor defect generally does not give rise to defect claims.
Duplo Composite Horseshoes has the right to choose the type of subsequent performance.
For new goods, the limitation period for defects is one year from the transfer of risk.
For used goods, rights and claims for defects are generally excluded.
The limitation period does not restart if a replacement delivery is made under liability for defects.

6.2 If the customer is acting as a consumer, the limitation period for defect claims is:

two years from the delivery of new goods to the customer,
one year from the delivery of used goods to the customer, with the additional limitation set out in Section 6.3.

6.3 For both business and consumer customers, the above liability and limitation period restrictions under Section 6.1 and Section 6.2 do not apply to claims for damages or claims for reimbursement of expenses that the buyer may assert under statutory provisions due to defects, in accordance with Section 8 of these General Terms and Conditions.

6.4 If the customer is a business customer, the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected. The same applies to both business and consumer customers in cases of intentional breach of duty and fraudulent concealment of a defect.

6.5 If the customer is a merchant as defined in § 1 HGB, the commercial duty to inspect and give notice of defects pursuant to § 377 HGB shall apply. If the customer fails to comply with the obligations specified therein, the goods shall be deemed approved.

6.6 If subsequent performance is carried out by way of a replacement delivery, the customer is obliged to return the originally delivered goods to Duplo Composite Horseshoes within 30 days at the expense of Duplo Composite Horseshoes. The customer must return the defective goods in accordance with the statutory provisions.

7. Retention of Title and Right of Retention

7.1 Duplo Composite Horseshoes retains ownership of the delivered goods in relation to consumers until full payment of the purchase price has been received.

7.2 Duplo Composite Horseshoes retains ownership of the delivered goods in relation to business customers until full settlement of all receivables arising from an ongoing business relationship.

7.3 Before the transfer of ownership, any pledging, transfer for security, processing, or transformation is not permitted without the consent of Duplo Composite Horseshoes.

7.4 The customer may exercise a right of retention only if it relates to claims arising from the same contractual relationship.

8. Liability

8.1 Duplo Composite Horseshoes shall be liable without limitation on any legal grounds

for damage resulting from intentional or negligent injury to life, body, or health,
in cases of intent or gross negligence,
based on a guarantee, unless otherwise agreed, and
due to mandatory liability under the Product Liability Act.

8.2 In all other cases, Duplo Composite Horseshoes is only liable for the breach of a material contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contractual partner may regularly rely (cardinal duty).

8.3 In all other respects, Duplo Composite Horseshoes shall not be liable.

8.4 The above liability provisions also apply to the liability of Duplo Composite Horseshoes towards its agents and legal representatives.

9. Applicable Law and Jurisdiction

9.1 The contract can be concluded in German, English, French, Spanish or Italian. If a language other than German is used for the conclusion of the contract, the respective texts are considered translations of the original German version. In case a part of the translation contains errors, the corresponding provision of the German version shall apply.

9.2 The purchase contract between Duplo Composite Horseshoes and the customer is governed by the laws of the Federal Republic of Germany, subject to mandatory rules of private international law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.3 We are willing to participate in a dispute resolution procedure before a consumer arbitration board. The competent consumer arbitration board is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl
Germany
Phone: +49 (0)7851/7957940
Fax: +49 (0)7851/7957941
Email: mail@verbraucher-schlichter.de
Website: www.verbraucher-schlichter.de

9.4 The place of jurisdiction is 94078 Freyung (Germany), provided the customer is a merchant as defined in Section 1(1) of the German Commercial Code (HGB), a legal entity under public law or a public-law special fund. In all other cases, either Duplo Composite Horseshoes or the customer may bring an action before any court that has legal jurisdiction.

10. Final Provisions

If any provision of these General Terms and Conditions is found to be invalid, the remainder of the contract shall remain valid. In place of the invalid provision, the relevant statutory provisions shall apply.

End of the General Terms and Conditions

II. Customer Information under Distance Selling Law

1. Seller’s Identity

H. Frank Kunststofftechnik GmbH
Vorderfreundorfer Straße 20
94143 Grainet
Germany

Telephone: +49 (0)8585/96926-0
Fax: +49 (0)8585/96926-119
Email: info@duplo-frank.de
Website: www.duplo-frank.de

Commercial Register: Amtsgericht Passau HRB 8803

H. Frank Kunststofftechnik GmbH is represented by the managing directors, Mr. Hubert Frank, and Mrs. Julia Reif.

VAT Identification Number according to § 27a of the German VAT Act: DE 289 899 047

2. Key Features of the Goods or Services

The key features of the goods or services can be found in the respective product descriptions provided by Duplo Composite Horseshoes.

3. Technical Steps Leading to the Conclusion of the Contract

The contract between Duplo Composite Horseshoes and the customer is concluded in accordance with Section 2 of the General Terms and Conditions reproduced above.

4. Storage and Accessibility of the Contract Text

Duplo Composite Horseshoes stores the contract on internal systems. Customers with a personal customer account have the option to view the orders placed since account creation. In all other cases, order details are no longer accessible online after the order is completed due to security reasons.

5. Technical Means for Detecting and Correcting Input Errors Before Submitting the Contract Declaration

Before submitting the binding declaration of the order, the customer can continuously correct their entries using standard keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before final submission. If the customer detects any errors at that point, they can return to the previous window to correct them and then reopen the confirmation window.

6. Languages Available for Concluding the Contract

The contract can be concluded in German, English, French, Spanish, or Italian. If a language other than German is used for the conclusion of the contract, the corresponding texts are considered translations of the original German version. If any part of the translation contains errors, the corresponding wording of the German version shall apply.