Terms and Conditions

§ 1 Scope

  1. These General Terms and Conditions (hereinafter "GTC") of Franky's Best (sole proprietorship) (hereinafter "Seller") apply to all contracts, in particular all deliveries, services and offers, that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
  2. For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business entity, for the purposes of these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

§ 2 Conclusion of Contract

  1. The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.
  2. The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods and/or services contained in the shopping cart by clicking the button that finalizes the order.
  3. The seller can accept the customer's offer within five days.
    1. by sending the customer a written order confirmation or an order confirmation in text form, whereby the receipt of the order confirmation by the customer is decisive, or
    2. by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
    3. by requesting payment from the customer after they have placed their order.
  4. If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period 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 following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
  5. When selecting the payment method "PayPal" or "PayPal PLUS", payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, clicking the button that completes the order simultaneously authorizes a payment to PayPal. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the order.
  6. When an offer is submitted via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form along with these terms and conditions after the order has been submitted. Additionally, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account using the corresponding login details, provided the customer created a customer account in the seller's online shop before submitting their order.
  7. Before submitting a binding order via the seller's online order form, the customer can continuously correct their entries. Furthermore, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there.
  8. The German language is the only language available for concluding the contract.
  9. Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

§ 3 Right of withdrawal

  1. Consumers generally have a right of withdrawal.
  2. Further information regarding your right of withdrawal can be found in the seller's cancellation policy, which you can view via the following link: View cancellation policy

§ 4 Prices and Payment Terms

  1. All prices quoted are in EUR unless otherwise stated.
  2. The purchase price is due immediately upon conclusion of the purchase agreement.
  3. In the event of an incorrect price, customer service will contact you. You will then have the option to either purchase the goods at the correct price or cancel the order.
  4. Unless otherwise stated in the seller's product description, the prices quoted are total prices including VAT. Any applicable delivery and shipping costs will be listed separately in the respective product description.
  5. Consumers have various payment options available, which are specified in the seller's online shop.
  6. When paying with a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

    § 5 Delivery and Shipping Conditions

    1. Unless otherwise agreed, goods will be delivered to the delivery address specified by the customer. The delivery address provided in the seller's order processing system is decisive for the transaction.
    2. If the shipping company returns the goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
    3. For self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller's premises by prior arrangement. In this case, no shipping costs will be charged.

    § 6 Retention of Title

    The delivered goods remain the property of Franky's Best until the purchase price has been paid in full.

    § 7 Liability for Defects and Warranty

    1. If the purchased item is defective, the provisions of the statutory warranty for defects apply.
    2. Customers are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect the customer's statutory or contractual warranty rights.

    § 8 Liability

    1. Franky's Best is liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Franky's Best or a legal representative or vicarious agent.
    2. Furthermore, Franky's Best is liable for slightly negligent breaches of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for breaches of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely. In this case, however, Franky's Best is only liable for foreseeable damages typical of this type of contract. Franky's Best is not liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.
    3. The foregoing limitations of liability do not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
    4. To the extent that Franky's Best's liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

    Section 9 Data Protection

    Franky's Best's privacy policy can be viewed at the following link: View privacy policy

    § 10 Applicable Law

    1. All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods.
    2. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
    3. If any provision of these Terms and Conditions of Sale is deemed invalid, void, or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.