General Terms & Conditions for the Online Shop

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General terms and conditions

1. Scope
1.1 For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
1.2 A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Company is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. Companies be classified as a Dealer.
1.3 These General Terms and Conditions shall also apply to future business relations with Dealers without us having to refer to them again. If the Dealer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contract partner, conclusion of contract
2.1 The purchase contract is concluded with Front Runner GmbH, Ikarusallee 22, 30179 Hannover, Germany, telephone: +49 (0) 511 4740 4640, fax: +49 (0) 511 4740 4649, e-mail: [email protected]
2.2 The presentation of the goods in our online shop is not a legally binding offer, but an invitation to submit an offer (order). You can initially place our goods in the shopping cart without obligation and correct your entries at any time before submitting your order by using the correction aids provided and explained in the order process.
2.3 Only by clicking on the button "Buy now" in the last step of the ordering process do you make a binding offer to purchase the goods displayed in the order overview. However, you can only submit the offer to us if you tick the box by which you accept these Terms and Conditions and thereby include it in your application. In addition, you confirm that you have read and understood the cancellation policy and the data protection information.
2.4 Immediately after submitting your order, you will receive an order confirmation which does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or send the goods. Please also check the SPAM folder of your e-mail account regularly.

3. Contract language, contract text storage
3.1 The languages available for the conclusion of the contract are German and English. In the event of any differences, the German text takes precedence.
3.2 We save the contract text and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.

4. Prices, terms of delivery
4.1 All price quotations for goods in our shop for Consumers are gross prices including the applicable statutory sales tax.
4.2 In our shop for Companies, the prices quoted for goods are net prices plus the applicable value-added tax.
4.3 Shipping costs are added to the indicated prices. You can find out more about the shipping costs from the respective offers in our shop.
4.4 The time of delivery of the goods (delivery time) is indicated below the price on the page that is displayed after clicking on an item. Delivery periods for the goods stated by us are approximate periods. This shall not apply if a fixed dispatch date has been agreed. The latest possible time within the delivery period indicated on the website is decisive for the timeliness of the delivery. If no period or date for dispatch is specified or otherwise agreed, a delivery period of seven working days shall be deemed to have been agreed. The delivery period begins with the conclusion of the contract.
4.5 We are entitled to sell the goods at any time (even if they are marked as "in stock" on the order form) if the delivery is made against advance payment and payment is not received by us within a period of five working days after our acceptance of the offer. In this case, the goods shall be dispatched within the agreed delivery period or within the delivery period specified by us only while stocks last; otherwise a delivery period of two weeks shall apply.
4.6 As a rule, the goods are delivered in one shipment. In exceptional cases, partial deliveries are possible, but only if this is reasonable for you. In this case we will inform you in advance about the circumstance of the partial delivery as well as about its reasons.
4.7 In principle, you have the possibility of picking up at Front Runner GmbH, Ikarusallee 22, 30179 Hanover, Germany during the following business hours: Mon - Fri: 09:00 - 18:00 and Sat: 10:00 - 14:00.

5. Payment, offsetting
The following payment methods are available to you in our shop:

Prepayment
When selecting the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
By submitting your order, you simultaneously provide us with your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.

SEPA Direct Debit
By submitting your order, you grant us or a service provider commissioned by us a SEPA Direct Debit Mandate. You will be informed of the date the account was debited (so-called prenotification). By submitting the SEPA Direct Debit Mandate, we request our bank or service provider to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited.
The account will be debited after you have received the goods. The period for advance notice of the date of the account debit (so-called prenotification period) is 1 day.

PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

Klarna-Instant-EFT
After placing your order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount immediately, you must have
an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimize yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately afterwards, and your account will be debited.

Paydirekt
After submitting your order, you will be forwarded to the website of the online provider paydirekt. To be able to pay the invoice amount via paydirekt, you must have an online banking account that has been activated for participation in paydirekt, be registered there or register first, legitimize it with your access data and confirm the payment order to us. Immediately after the order we request paydirekt to initiate the payment transaction. The payment transaction is carried out automatically by paydirekt. You will receive further information during the ordering process.

AmazonPay
In the ordering process, you will be redirected to the website of the online provider Amazon before the completion of the ordering process in our online shop. In order to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and confirm the payment order to us. You will then be redirected to our online shop where you can complete the order process. Immediately after the order we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.

Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

Cash payment on collection
You pay the invoice amount on collection in cash.

6. Retention of title
6.1 The goods remain our property until full payment has been made. If you are more than ten days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
6.2 In addition, the following applies to Companies: We reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damages
7.1 This applies to Consumers:
If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
7.2 This applies to Companies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

8. Right of withdrawal
8.1 This applies to Consumers:
As a consumer, you are entitled to a right of revocation in accordance with the statutory provisions. Please read our cancellation policy.
8.2 This applies to our registered Dealers/Resellers:
We voluntary grant a right for non-warranty returns by resellers, subject to the following conditions:
• All returns to be notified in writing and approved before return
• Returns to be announced within 14 days of arrival with original invoice details
• Returns to be in original and undamaged packaging
• Returns subject to a handling fee of 10% of the product value
• Repackaging fee applicable in case of damaged original packaging
• Returns are at the dealer’s cost, the original shipping cost to the dealer will not be refunded
• Credit will only be passed once returned item/items has been inspected and deemed in a resalable condition and meet the above criteria. In case of damages to product an individual assessment of the value will be undertaken at our discretion and the refund will be reduced by the assessed damage.

8.3 Companies (non-registered Resellers) do not have a right of revocation in accordance with the statutory provisions.

9. Warranty and guarantees, obligation to notify and give notice of defects
9.1 The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact terms can be found in the respective product and on special information pages in the online shop.
9.2 For Companies, the following applies in addition: The obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. The delivered goods shall be deemed approved by you if you do not notify us of a defect (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of a defect which was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect. We shall have the right to choose the type of subsequent performance. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met. The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.
9.3 Customer service: You can reach our customer service on weekdays from 9:00 a.m. to 6:00 p.m. by calling +49 (0) 511 4740 4640 or sending an e-mail to [email protected]

10. Liability
10.1 For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in the event of injury to life, limb or health,
• in case of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act has been opened up.
10.2 In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. Set-off, right of retention
Rights of set-off and retention are only admissible with legally established, recognized or undisputed claims.

12. Data protection
Your personal data will be kept strictly confidential and will only be used to process your order, deliver the goods, provide services and process payment. Further information on this can be found in our privacy policy.

13. Code of conduct
We have submitted to the following codes of conduct:

Customer Commitment
https://www.frontrunneroutfitters.com/en/de/customer-commitment

14. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/
We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board. The general consumer arbitration board of the Zentrum für Schlichtung e.V., Strassburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.

15. Applicable law
15.1 If you are a Consumer, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
• they have their habitual residence in Germany, or
• your habitual residence is in a State which is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
15.2 If you are a Company/Dealer, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

16. Place of jurisdiction
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be our place of business (Hanover).

17. Severability clause
In the event that there is a loophole, the contracting parties undertake to replace the missing provision with a contractual provision which corresponds to the concordant will of the parties. The same shall apply if a loophole arises because a provision is invalid or void and there is no statutory provision available to fill the loophole.

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