Terms & Conditions
FACTORYSTORE24.COM GmbH (“FSTV”) operates the online shop factorystore24.com on the internet. Among other things, FSTV consists of the website 1650grill.com (the “FSTV website”) and other contents, which FSTV provides directly on the internet (“services”). You do not need to be a member to visit the FSTV website (“user”). A user must not be a member to purchase products. A user must register to become a member (§ 3). You will receive personal information about impending sales campaigns via FSTV’s e-mail service, provided that you have agreed to receive these e-mails. The prices shown on the website are final and include VAT. Freight costs will be shown separately in a manner comprehensible to you.
§2 Validity of the general terms and conditions
By declaring your agreement at the time of registration, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as “GTCs”). These GTCs define the conditions under which you may use the services provided by FSTV.
You can print these GTCs at any time via the “GTC” link on the FSTV website for your reference.
The general terms and conditions of users, members and partners will not apply to any direct business with FSTV, even if not explicitly refuted by FSTV and/or if FSTV provides services without objection. This also applies if the user, member or partner has prescribed a special format for filing objections. Deviating terms and conditions will not apply unless this has been explicitly confirmed in writing in advance by FSTV.
The contract language is German.
§3 Registration, termination and restriction of membership
Registration with the FSTV is free of charge. By registering you become a member. However, registration and membership do not give rise to any costs or obligation to purchase on your part. There is no legal entitlement to the conclusion of a contract as a result of registering or becoming a member.
The data requested during the registration process and during the life of the membership must be provided fully and correctly, including in particular a fully functional e-mail address, as a precondition for membership. Where the data provided to FSTV change, the member is obliged to update his account with immediate effect.
You may only register once as a member of FSTV. Simultaneous registration of several membership accounts is not permitted. Any circumvention of these regulations is prohibited and may result in the termination of your membership by FSTV.
Members are obliged to keep their password confidential and to prevent any unauthorised access to their member account. Members are obliged to inform FSTV with immediate effect if there is any indication that a member account has been or might be abused by a third party.
FSTV will delete member accounts that have been inactive for a period of 6 months or whose holders can no longer be reached at the e-mail address stated.
Members can cancel their membership of FSTV with immediate effect at any time free of charge. A cancellation may take the form of an e-mail sent to customer services.
FSTV can duly cancel any member’s membership at any time, subject to a notice period of 14 days.
FSTV may block, restrict or terminate a member’s membership without adherence to this notice period if there is reason to believe that the member has violated legal regulations, the rights of third parties, these GTCs or the shop regulations. When choosing a measure, FSTV takes into account the legitimate interests of the member concerned, especially whether there are any indications that the member is not responsible for the violation.
§4 Conclusion of contract and reservation of title
The description of products and presentation of goods on the FSTV website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers within the meaning of § 13 of the BGB, i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Only the normal volume required by a household may be ordered. FSTV reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by FSTV, you must take the following steps: Proceed to checkout. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Send your order by pressing the “Place Order” button. By forwarding your online order, you are making FSTV an offer to conclude a legally binding contract. By clicking on the “Place Order” button, you are placing a binding order for the goods in the basket, confirming that you are authorized to place such an order, i.e. minors must have the permission of their legal representatives. Immediately on receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain the property of FSTV until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform FSTV immediately. If, before concluding the contract, FSTV finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, FSTV should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls) by our suppliers (where FSTV is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case FSTV will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you. FSTV is entitled to reject any offers made by you without citing reasons. FSTV particularly reserves the right to reject an offer where: the delivery address is outside Germany or Austria; there are indications that the person ordering the goods is not a consumer; an order exceeds the normal volume required by a household; the payment is not received, even after a reminder has been sent and a payment period stipulated.
The prices shown on the website are final and include VAT for EU countries. In Switzerland, Australia, Canada and the United States, local tax may apply. Freight costs will be shown separately in a manner comprehensible to you. For all countries shipping costs may apply.
A return label will either be sent to you at delivery or is available via FSTV customer service. You can speed up the return process with filling the return label and adding it to the returned goods. This process is not mandatory, however, to make use of the right of withdrawal.
Returns, cancellations and partial cancellations decrease the order value. Thus, delivery costs can be caused by returns, cancellations and partial cancellations. This will be reflected in the reimbursement process.
6.1 EU Countries
FSTV is offering customers from Germany payment via prepayment, cash on delivery, credit card, PayPal, Sofortüberweisung and giropay.
FSTV is offering customers from Austria, Switzerland, Belgium, Netherlands, Luxemburg, France, Italy, Sweden, Denmark, Finland and UK the payment methods prepayment, cash on delivery, credit card, eps (Online Überweisung Österreich), iDEAL (Netherlands) and PayPal.
FSTV reserves the right to exclude specific payment methods for specific countries, goods, customers and orders.
The payment is due immediately upon conclusion of contract.
For payments via credit card FSTV will charge the amount within 6 days after the order is placed if the contract is established. In case of credit card payment, FSTV preserves the right to pursue a solvency check.
Payments via PayPal are executed via PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg, Handelsregisternummer: R.C.S. Luxembourg B 118 349.
Payments via credit card, Sofortüberweisung, giropay, eps (Online Überweisung Österreich) and iDEAL (Netherlands) are executed via Novalnet AG Zahlungsinstitut (ZAG), Gutenbergstr. 2, 85737 Ismaning, Geschäftsführer: Gabriel Dixon MCA, HDSE, HRB 167381 Amtsgericht München.
6.2 International countries
For the United States, Canada FSTV offers payment of pre-orders via credit card (Visa and Mastercard only). FSTV reserves the right to exclude specific payment methods for specific countries, goods, customers and orders. Your credit card data is necessary for pre-ordering. Your credit card will only be charged at the date of delivery. Payments via credit card will be carried out by Stripe.
§7 Use of the FSTV website
FSTV offers the services solely within the framework of the acknowledged state of technology. FSTV may restrict the services where this is required owing to capacity limits, the security or integrity of the server or to carry out technical activities to provide for or to improve existing services (maintenance work). For technical reasons in particular, it may sometimes not be possible to make full use of the services (unforeseen system failures).
It is prohibited to use the services in a manner that violates statutory obligations, the rights of third parties or public morals. It is furthermore prohibited to make use of the services in a manner that constitutes abuse or that may adversely affect the reputation of FSTV. In particular, it is prohibited to use the services for the following purposes: to carry out and/or promote anti-competitive activities, including progressive customer recruitment (such as chain, pyramid or snowball schemes); to make use of content that is deemed pornographic or that violates youth protection laws or to advertise, offer and/or sell pornographic products or products that violate youth protection laws; to abuse our services by, for example, making use of malware such as “robot-reader”, “spider-reader” or “offline-reader”; to upload content subject to copyright to our service, unless the user has the right to the use of such content or has obtained the required permission; to use FSTV in a manner that adversely affects the availability of our services to other users; to disseminate offensive, racist or otherwise illegal content or information via our services, including slanderous or libelous content, irrespective of whether this content concerns other users, employees of the company or other persons or companies; to use photos with a defamatory, offensive, racist or otherwise illegal or immoral content; to send out chain letters; to intercept or attempt to intercept messages; to advertise for shopping clubs; to send out messages for any commercial purpose; to make use of our services to threaten or unduly harass other people (especially by sending them spam mail) or to violate the rights of third parties (including their personal rights); to make use of the temporary e-mail addresses of so-called 10-minute mail services; and/or to publish the names, addresses, telephone or fax numbers, e-mail addresses, user names and/or other contact data of messenger services.
FSTV has checked and uploaded its own content on the FSTV website to the best of its knowledge and belief. FSTV does not generally verify the content published by third parties on the FSTV website. Nor does FSTV generally verify other websites that can be reached by clicking on the FSTV website, thus no responsibility can be taken for the form, accuracy, appropriateness or quality of such content. FSTV will remove or suppress any content uploaded by third parties or refuse to provide links if FSTV should find that there is any indication that the content uploaded or other websites might infringe the law or violate these GTCs.
§8 Conditions governing competitions, lotteries or campaigns
The following conditions apply to any competitions, lotteries or other campaigns (hereinafter referred to as “promotions”) organised by FSTV: The winners or beneficiaries are selected from all persons who have participated in the campaign and have fulfilled the requirements stipulated by FSTV. The winners or beneficiaries are informed by FSTV via the e-mail address they stipulated at the time of registration. If the e-mail contains the stipulation that the winner or beneficiary is obliged to contact FSTV within a specific period to accept the prize, entitlement to the prize will expire once this period has passed if the winner has failed to make such contact. The prizes or benefits awarded as part of a promotion cannot be exchanged or paid out in cash. The participants in a promotion agree that, in the event of winning, their names will be mentioned on the FSTV website and in other FSTV services as well as in press releases. FSTV may exclude participants from a promotion if they have manipulated the competition or promotion mechanisms by using unfair means or in violation of these GTCs. At its own discretion, FSTV may punish such manipulations by excluding the perpetrators from membership with FSTV. FSTV reserves the right to cancel promotions or to extend them beyond the original
§9 Inviting friends, product and sales campaign recommendations
Members can invite other friends to join FSTV on the FSTV website. Members also have the option of recommending sales campaigns or individual products to third parties by e-mail.
Members undertake to forward newsletters, sales campaigns and product recommendations only to the e-mail addresses of existing, living natural persons who have previously expressed an interest in this regard and who have explicitly consented to receive the corresponding e-mail. In the event of a dispute, a corresponding written statement in this regard will be required.
§10 Promotional coupons
The following conditions apply to FSTV promotional coupons (and mutatis mutandis FSTV credit balances): FSTV coupons for goods can be redeemed for all products uploaded on the FSTV website unless the redemption of FSTV coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party; such is expressly indicated in either instance. The purchase price of the products ordered must at least equal the value of the coupon, unless otherwise indicated at the time the coupon is issued. FSTV coupons for freight costs can be redeemed against the freight costs incurred when ordering products on the FSTV website, unless the redemption of FSTV coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party. Promotional coupons are provided in the form of codes made available to you personally. Usually, codes expire once they have been used. The period of validity and/or minimum order value or other conditions are determined by FSTV and announced as part of the corresponding promotion. In this case, the minimum order value refers to the purchase price, including value-added tax. Freight costs are not taken into account. Only one FSTV coupon can be used per order and several FSTV coupons may not be combined. If you cancel the purchase of an item for which you have used an FSTV coupon, the coupon amount will not be reimbursed and the coupon cannot be used again. This does not apply if you have obtained the FSTV coupon directly from FSTV against payment. You cannot acquire an FSTV coupon using an FSTV coupon that you have not directly obtained against a monetary payment. FSTV coupons cannot be paid out in cash or attract interest. FSTV coupons are personally issued to a member and cannot be transferred to third parties. Where FSTV becomes aware of the transfer of a coupon, FSTV reserves the right to declare the corresponding coupon invalid. Where FSTV has indicated that the coupon is valid only for new customers, such a coupon will only be issued when a person registers as a member of FSTV for the first time. With the exception of a loss of a coupon for which FSTV is responsible, FSTV does not accept liability for the loss or theft of any coupon. Replacement coupons are only issued when FSTV is liable for the loss of the coupon. The shop regulations may contain further conditions or restrictions for the redemption of promotion coupons; alternatively, such conditions or restrictions may be indicated when issuing the coupon.
Delivery will be fulfilled to the address stated on your order. You are responsible that delivery can take place during usual business hours.
FSTV does not assume procurement risk. FSTV is only responsible for fulfilling orders from current stock or from goods ordered from suppliers. The obligation of fulfilment is not applicable any more if FSTV took every measure possible within general business standards to make delivery happen. Potential pre-paymens will be reimbursed.
In cases of force majeure delivery times will be delayed accordingly. The following cases are cases of force majeure amongst others: strike, lockouts, regulatory interference, shortages of energy and raw materials, transportation bottlenecks, business hold-ups due to fire, water or dysfunctional machinery as well as lightening, as well as all hold-ups due to reasons FSTV could not foresee or prevent in a reasonable manner. Starting and end dates of such delays will be communicated to you by FSTV immediately.
FSTV reserves the right to withdraw from the contract if delivery fails three times due to your failure. Payments already made by you will in this case be reimbursed by FSTV.
FSTV would be grateful if you could inform the delivery provider as well as FSTV immediately about damages clearly resulting from transportation. Your information will not influence your right of withdrawal, but will help FSTV pursue its claims against the delivery provider.
Pre-orders have an estimated delivery date. Delivery on the date stated in the confirmation is considered confirmed, if you receive a shipping confirmation 2-3 business days prior. The specified credit card will be charged at the time of order. Your credit card will be charged immediately after ordering.
§12 Cancellation policy
Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form below but it is not obligatory.
Sample withdrawal letter:
(If you want to withdraw from this contract please fill out this form and send it back to us.)
– To: FACTORYSTORE24.COM GmbH, Grömitzer Weg 16c, 22147 Hamburg, Germany
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sales of the following goods (*)/for the provision of the following service (*).
– Ordered on (*)
– Received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
(*) cross out as appropriate.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
You can send us the model withdrawal form via email to service[at]1650grill.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods to “FACTORYSTORE24.COM GmbH, Grömitzer Weg 16c, 22147 Hamburg, Germany”, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. A withdrawal is only possible with unused and original packed goods. If you send us a used or damaged article, we are entitled to assert the value reduction against you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Returns procedure: When you make use of your right of withdrawal, please use the return label included in the delivery or contact customer service via service[at]1650grill.com.
§13 Service & Complaints
Your happiness is very important to us. That is why we are eager to get back to you as fast as possible. If you have questions or concerns, please contact our customer service:
Grömitzer Weg 16c, 22147 Hamburg,
(Service hours: MON – FRI 09.00 – 16.00)
§14 Warranty and liability
The warranty is governed in principle by the laws of the Federal Republic of Germany. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction.
FSTV’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. FSTV only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. FSTV only has statutory liability where FSTV is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfillment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. FSTV also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act.
The same limits on liability in damages towards consumers apply to companies that directly or indirectly participate in sales campaigns contrary to § 4, with the further proviso that liability in damages is limited to foreseeable loss or damage typical of the contract except in the case of liability for willful acts or for death, personal injury or damage to health.
The aforementioned liability exclusions and limitations with regard to companies or consumers do not apply where FSTV has given explicit guarantees.
The user indemnifies FSTV against all claims by third parties instituted against FSTV for violating their rights or these GTCs, the shop regulations or laws governing the use of FSTV. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor’s fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide FSTV with all information that may be required to verify the claims and to defend the case – immediately, truthfully and completely – in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.
§16 Copyright and rights of use
The content provided by FSTV is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
§17 Concluding conditions
If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.
Only the laws of the Federal Republic of Germany will apply, to the exclusion of the UN Convention on the Sale of Goods and any envoi to foreign law. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected.
If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Germany or in another EU member state, Hamburg will be the place of jurisdiction for any disputes arising from this contract.
With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.
Date: 09. June 2017