GENERAL TERMS AND CONDITIONS OF BUSINESS I. General / validity 1. These terms and conditions are all present and future deliveries and services of the FOS Drinks GmbH, Querumer road 48, 38104 Braunschweig ("FOS drinks" hereinafter) basis. Deviations require the written agreement. Deviating and / or supplementary agreements our customers are not accepted unless FOS drinks has expressly in writing (also by email) accepted. 2. Individual agreements remain unaffected by this provision. 3. These terms and conditions are in principle chargeable to consumers in terms of § 13 BGB (any natural person who enters into a legal transaction for purposes that can be attributed mostly neither commercial nor its independent vocational activity) and entrepreneurs within the meaning of § 14 BGB (natural or legal persons or partnerships with legal personality, acting when concluding a legal transaction in the exercise of their commercial or independent professional activities), legal persons under public law or public law special funds within the meaning of § 310 para. 1 BGB. Unless directed individual provisions only to one of two groups, an explicit indication at a separate place. II. Conclusion 1. All offers of FOS drinks, especially in the form of brochures, promotional materials and other documents, and all on the website of Offers made are non-binding, unless these explicitly in writing or electronically (text form) are referred to as binding. Small deviations and / or technical changes to our illustrations or descriptions are possible. We reserve the right to change or improvement of the goods, provided that they are prescribed by law or are justified on objective and / or commercial reasons. 2. The statement by the customer order is binding. FOS drinks is entitled to accept the contract offer within three weeks. The acceptance can be made by sending the order confirmation, the invoice or the delivery of the goods. 3. If and to the extent that the customer, via the FOS Drinks and http://focus-drink.Buy powered online store would like to acquire goods (hereinafter referred to as "Online Shop"), he can choose from the range of FOS drinks products and their quantities and collect them by clicking on "add to cart" in a so-called basket. By clicking the button "buy" it delivers a binding offer to buy the goods in the basket. Before sending the order, the customer can change the data at any time and see. The application, however, can only be submitted and received when the customer next to "consent Conditions" these terms and conditions accepted by confirming the check-box and has thus added to its application. FOS drinks then sends the customer an automatic acknowledgment of receipt including the cancellation via email to, in the customer's order is repeatedly played back and the customer can print on "Print". The automated confirmation of receipt only documents that the customer's order has been received drinks at FOS and does not constitute acceptance of the application (or Declaration on the conclusion of the contract). The contract is only through the declaration of acceptance, delivery of the goods or a shipping confirmation by FOS Drinks existence, which are sent to the customer with a separate email. A statement shall be made within 5 working days from receipt of the customer's order. If such a declaration is not made, the customer's order has not been accepted. 4. If not available, a desired product, can FOS drinks refuse to accept the customer's offer. The pertinent information is the customer within 5 working days from order receipt. Any, any payments already made will be refunded on the same payment methods as they were paid. A contract is then over here did not materialize. III. Prices, payment method and payment 1. There the current prices in the online shop of FOS drinks at the time of ordering apply. All stated purchase prices are in euros including VAT applicable in Germany. Transportation and shipping costs are shown separately. Remain Obvious price errors. 2. The customer can make the payment with cash and cash equivalents at the end of the ordering process mentioned. These are bank transfer (payment), credit card (Visa, MasterCard, American Express), bank transfer and PayPal. 3. Payments must be made within 20 days after receipt of invoice without discounts or other deductions. With this payment period is exceeded, the customer is in default without any further reminder. In this case, FOS drinks is entitled to charge interest at the statutory rate in accordance with § 288 BGB. This does not affect the assertion of a proved further damages. 4. An offset of claims is possible only with the express written consent of FOS drinks or legally established claims. IV. Redeeming vouchers Action 1. Promotional codes can only be redeemed in orders through the online store, where it (value of goods) shall be counted as a credit on the regular order form (shopping cart) the respective order. 2. Ein Aktionsgutschein kann jeweils nur einmal verwendet werden. Pro Bestellung kann nur ein Aktionsgutschein genutzt werden und pro Kunde kann nur ein Aktionsgutschein aus der jeweiligen Aktion verwendet werden. Eine Kombination mit Aktionsgutscheinen aus anderen Aktionen ist nicht möglich. Unterschreitet der vom Kunden bestellte Warenwert den Wert des Aktionsgutscheins, verfällt das jeweilige Restguthaben des Aktionsgutscheins. Ein Aktionsgutschein kann nicht auf Umsatzsteuer, Pfand, Versandkosten oder sonstige Kosten angerechnet werden. 3. Promotional codes are limited time only redeemable and cease to be valid to the mentioned in the promotional code date, but no earlier than after three years. An extension of the validity period is not permitted. Unused Action Vouchers expire at the specified time. 4. Promotional codes may not be exchanged or transferred in cash. The resale of Action vouchers is not permitted. 5. As far as the promotional code identifies a specific amount as a credit and the value of the promotional code for the performed by the customer's order is required, the customer can make the compensation of the difference in accordance with the payment provisions of these General Terms and Conditions. 6. In case of withdrawal of the goods by FOS drinks, according to the following provision in section VII. These terms and conditions, is only the gem. above Clause IV. 5 of these conditions on the value of the promotional code also refunded the difference amount paid. There is no entitlement to a refund or replacement of the promotional code, or its value. 7. In the case of fraud, an attempt at deception or suspected other illegal activities the customer in connection with a promotional code or coupon redemption FOS drinks is entitled to include the corresponding customer accounts and / or to require alternative methods of payment under these terms and conditions. In these cases no right to unlock or crediting the relevant action is Vouchers. V. Delivery and packaging 1. The delivery of the goods to the customer, in so far as the customer otherwise agreed, ex warehouse to the delivery address specified. FOS drinks deliver the goods ordered in each case in commercial packaging, and - where necessary - in special packaging (eg seaworthy packaging) at its discretion. Packaging, shipping and freight costs are charged to the customer separately. For deliveries abroad may be additional taxes and charges, which are also paid by the customer. 2. At the camp merchandise is regularly given within three working days from receipt of order at FOS drinks for shipping. 3. For out of stock goods in transit, the delivery time can be drinks to 30 days of order at FOS. If the delivery fails for reasons that can not be held FOS drinks, so can FOS drinks withdraw from the contract. FOS drinks undertakes to inform the customer in time. Any payments made will be refunded immediately. In this case the customer is not entitled to a right to compensation. Cases of force majeure, which also include strikes and labor disputes, shortage of raw materials and equipment damage, inhibit the delivery obligation of FOS drinks for the duration of the disruption and beyond reasonable lead times. 4. Partial deliveries are allowed, unless the customer declines interest in them or if they are clearly not reasonable. The costs for transport and packing are charged in this case only once. 5. If the customer is not by acceptance of goods in default of acceptance, FOS drinks is entitled to demand compensation for the damage incurred. The delivered goods are also in cases without prejudice to accept minor defects by the customer of his warranty rights. With occurrence of acceptance default, the risk of accidental deterioration and accidental loss passes to the customer. VI. Retention of title 1. The delivered goods remain until full payment of all claims from the ongoing business relationship between the parties owned by the FOS drinks. 2. The goods may be resold only in the ordinary course of business and on behalf of the FOS Drinks Until the transfer of ownership to the customer. The customer hereby assigns all claims amounting to the final invoice amount (including VAT) to the FOS, this hereby accepting drinks from that accrue to him from the resale against his customers or third parties. To collect these receivables, the customer is authorized after their assignment in the ordinary course of business. The power of the FOS drinks collect the claim itself remains unaffected. FOS drinks undertakes not to collect the claim as long as the buyer meets his payment obligations. If this is not the case, FOS may require drinks that the customer of the assigned claims and their debtors, makes all information required for debt collection information and notifies the debtors of the assignment. 3. FOS drinks is entitled to breach of contract by the customer, in particular default of payment, to reclaim the goods owned by the customer. Taking back the goods does not constitute withdrawal from the contract, unless expressly corresponding FOS drinks. 4. FOS drinks obligated to release on demand of the customer as collateral provided to the extent that the value of the securities exceeds the secured claims of FOS drinks by more than 20 percent. 5. In commercial transactions, the goods standing during the period of retention of the property of FOS drinks is to insure them against fire, water, theft. The rights from this insurance are assigned to FOS drinks. FOS drinks agrees to the assignment herewith. 6. As long as ownership has not been transferred, the customer, if it is not with him is a consumer to notify FOS drinks immediately in writing if the goods seizure or other interference by third parties. VII. Examination and complaint duty redemption 1. All deliveries of FOS drinks must be checked upon receipt by the customer for completeness and defects, provided that it is this is an entrepreneur, a legal entity under public law or a public law special fund. Obvious defects (in particular damages, wrong deliveries or quantity deviations, the expiry of the period of minimum durability) and obvious damage are the FOS drinks promptly, but not later than within 14 days after receipt of delivery in writing to bring to knowledge. After this period complaints will only be recognized if they are based on non-obvious defects. 2. The return of the goods must be carried out if possible in their original packaging. If this is not possible, then the customer has to provide a package which prevents damage to the goods during transport. For damage to the goods, which is due to inadequate packaging, the customer is liable to the FOS drinks. 3. In addition, the redemption of proper goods is not possible. Excluded are solely returns due to the effective exercise of the right for consumers. VIII. Transfer of risk For entrepreneurs, legal persons under public law or public law special assets applies: The delivery of the goods is at the risk of the customer. The risk is transferred upon delivery of the goods to the shipping company to the customer. This also applies if FOS drinks has taken over the transport costs. Complaints due to damage (eg damaged packaging upon receipt of the goods) must be claimed directly against the shipping company within the time schedule for the customer. For consumers the following applies: The transport risk shall, except in accordance with § 477 4 para cases referred BGB, are handed over the goods to the customer on this.. IX. Warranty 1. For the goods offered by FOS drinks, the statutory warranty rights apply. 2. If the customer is an entrepreneur whose warranty claims are limited to subsequent performance by supplying defect-free goods. With twice the subsequent performance fails, the customer has the right to withdraw. 3. FOS drinks accepts liability neither for the constant and uninterrupted availability of und noch für technische oder elektronische Fehler des Online-Angebots. 4. The limitation period of warranty claims for the goods provided is two years for consumers from receipt of goods, for entrepreneurs, legal entities of public law or public-law special funds 12 months from receipt of the goods. X. Liability and Compensation 1. FOS Drinks liable in case of intent or gross negligence attributable to it and for all foreseeable losses indefinitely. 2. Unlimited liability for claims for damages of the customer arising from injury to life, limb or liable FOS drinks also for slight negligence. When caused by simple negligence breach of contractual obligations (cardinal obligations) liability is limited to the typical foreseeable damage. Another liability for financial losses shall be excluded, unless the latter are caused by simple negligence not of FOS drinks, a legal representative or vicarious agents. If the liability is excluded hereafter, this also applies to the personal liability of representatives, employees and agents of FOS drinks. 3. The provisions of the Product Liability Act remain unaffected. XI. Stock recommendation and foodstuffs 1. FOS drinks recommends the goods delivered standing, dry, protected from light and stored frost-proof. The temperature during transportation, storage, sale and consumption should 5 degrees Celsius not less and not more than 25 degrees Celsius. 2. The customer, if he is an entrepreneur is obliged to refer to his camp always the goods were first admitted ("first in - first out" - principle). 3. Should public authorities carry out food law controls the customer and have objections to the delivered products, FOS is concerned shall be informed immediately drinks. XII. Empties 1. On the appointed for reuse empty containers, such as cans, bottles, containers and reusable containers has FOS drinks a return to claim the same kind and quality. The empties but returned at the latest on termination of the business relationship in the ordinary course of business. 2. To secure our claims on return empty rises FOS drinks a deposit of money in accordance with the legal requirements and the applicable price lists, plus sales tax, which is payable together with the purchase price of the goods supplied. The deposit money will be paid and credited upon return of empties same amount, type and quality. For return of empties in larger than the quantity delivered, and of a different kind and quality as delivered, FOS drinks is not required. 3. Excluded from the return of empties are damaged or dirty and empty disposable containers, unless there is an obligation to withdraw due to legal requirements. 4. For Reclaimed Empties Empties a balance is created. This is considered accepted if the customer does not contradict the empties balance within a month period following receipt. 5. Pallets, containers, and the like are the property of FOS and drinks are these return in the ordinary course of business and at the termination of the business relationship. Unreturned pallets and containers are the FOS drinks at the net purchase price minus 25 to substitute percent lump impairment. Improperly the return is even if the pallets and containers on return damaged, affecting the usability. XIII. Place of performance, jurisdiction and legal 1. For contracts with merchants, legal persons of public law and public special assets the place of performance for delivery and payment Braunschweig. 2. If it is the customer is a businessman, a legal entity under public law or a public special asset, jurisdiction for all disputes arising from contractual relationships between the customer and FOS drinks of the corporate seat of FOS drinks. 3. To the extent permitted by law, the place of jurisdiction is the seat of FOS drinks for the event that the customer has no general jurisdiction in Germany or if he moves his residence after contract conclusion abroad or the residence of the customer at the time the action is not known. 4. FOS drinks and the customer agree on the application of the law of the Federal Republic of Germany, excluding the CISG to all legal relations arising from this contractual relationship. XIV. Final provisions and information obligations 1. Repeatedly practiced forbearance by the FOS drinks not a guarantee to toleration of future violations of the customer to fulfill its contractual obligations and any tacit amendment of the above conditions. 2. The invalidity or ineffectiveness of individual provisions of these Terms shall not affect the validity of the remaining provisions. If the customer is an entrepreneur, the invalid provision by the Parties will be amicably replaced by a provision which reflects the economic purpose of the ineffective provision in a legally effective manner. The same applies mutatis mutandis to loopholes. 3. All agreements that are made between FOS drinks and the customer in connection with contracts concluded are laid down in the contracts concluded in writing. Verbal ancillary agreements are not taken by the parties. 4. The contract language is German. 5. FOS drinks keeps these GTC and the other contractual provisions with the data of the customer's order in the order process for retrieval. The customer may use this information there simply archive, by downloading the Terms and stores in the ordering process summarized in the internet shop data using the functions of his browser. 6. On a change in the Terms and Conditions of FOS drinks more orders are accepted only in accordance with the revised terms. Installation instructions: The command in your browser, you can save the conditions locally. Hinweis Drucken: Durch den Befehl in Ihrem Browser k��nnen Sie die AGB ausdrucken. Recalling the contact and Contacts page: You as a consumer (any natural person who enters into a legal transaction for purposes that can be attributed mostly neither commercial nor its independent vocational activity) is to respect in our online shop selling items right of withdrawal in accordance with the following instruction: Revocation Withdrawal You have the right to withdraw within fourteen days without giving a reason this contract. The withdrawal period shall be fourteen days from the date, who have taken final possession goods to buy, or a representative of your third party, other than the carrier or has. Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (FOS Drinks GmbH, Querumer Straße 48, 38104 Braunschweig, Telefon: +49(0) 531 31391632; E-Mail: mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist. To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the right before the expiration of the withdrawal period. Effects of withdrawal If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received through your cancellation of this contract with us. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier. Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrags unterrichten, an uns (FOS Drinks GmbH, Querumer Straße 48, 38104 Braunschweig) zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden. Sie tragen die unmittelbaren Kosten der Rücksendung der Waren. You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling. Note on Non-existence of withdrawal right The right does not apply to distance contracts - The supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer shall prevail or which are clearly tailored to the personal needs of the consumer; - The supply of goods that can spoil quickly or whose expiration date has passed quickly; - If their seal was removed after delivery for supply of sealed goods which are not suitable for reasons of health or hygiene to return; - The supply of goods if they were mixed after delivery due to their nature inseparably with other goods; - For the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery; - The supply of newspapers, periodicals or magazines with the exception of subscription contracts. - The supply of alcoholic beverages, the price has been agreed in the contract, which may be earlier than 30 delivered days after the contract was concluded, however, and their current value of fluctuations in the market depends, to which the trader has no influence. End of revocation Model withdrawal form (If you want to withdraw from the contract, please fill out this form and send it back.) At: FOS Drinks GmbH, Querumer Straße 48, 38104 Braunschweig, E-mail: Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) Ordered on (*) : received at (*) : Name / consumer (s) Address of / consumer (s) Signature / consumer (s) (only for message on paper) date __________ (*) Delete where inapplicable. DISCLAIMER (DISCLAIMER) Liability for content As a service provider we are according to § 7 para. 1 TMG responsible for our own content on these pages under the general laws. After §§ 8 to 10 TMG we are not obligated as a service provider to monitor transmitted or stored foreign information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, a relevant liability is only possible from the date of knowledge of a specific infringement. Upon notification of such violations, we will immediately remove this content. Liability for links Our site contains links to external websites, over which we have no influence. Therefore we can not accept any liability for this external content. The respective provider or operator of such sites is always responsible for the contents of any Linked Site. The linked sites were checked at the time of linking for possible legal violations. Illegal contents were at the time of linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will remove such links immediately. copyright The contents and works on these pages created by the site operators are subject to German copyright law. The reproduction, adaptation, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content is not created by the website operator, the property rights of third parties. In particular contents of third parties are marked as such. Should you nevertheless become aware of copyright infringement, we ask for a hint. Upon notification of violations, we will remove such content immediately.

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