§ 1 Area of Application of these Terms and Conditions
The Seller’s deliveries, services, and offers are rendered exclusively on the basis of these General Terms and Conditions in their version valid at the time the order is placed. Freetree GmbH does not recognize any Buyer Terms and Conditions that deviate from these, unless Freetree GmbH has expressly agreed with them in writing.

§ 2 Contract Conclusion

(1) Any offers, including pricing information, that are made online, in brochures, ads, etc. are subject to change and non-binding. The Seller shall be bound by separately provided offers for 30 calendar days.

(2) The Buyer shall be bound by its order for four weeks.

(3) Any contract conclusions or agreements that deviate from these Terms and Conditions shall only become binding for us once we have confirmed them in writing. We shall provide an order confirmation immediately, but at the latest within two weeks upon our receipt of the order. Should the Seller not object to the order confirmation within four weeks, the confirmation shall be deemed as issued.

(4) If the Buyer is a merchant within the meaning of the German Commercial Code, the Seller must point this out on his written order and, if possible, provide respective proof of its legal form. The same applies to bodies corporate organized under public law and special assets under public law.

§ 3 SCHUFA Check [Credit Check through SCHUFA Credit Investigation Company]

The Customer consents to our providing SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden with information on the application for a business relationship and our obtaining information about the Customer from the SCHUFA. This consent can be withdrawn at any time. We reserve the right, however, to only deliver per payment in advance upon a withdrawal.

Notwithstanding this provision, we shall also provide the SCHUFA with information about contract violating behavior. According to the German Federal Data Protection Act, these notifications may only be issued if this is permissable after consideration of all interests involved.

The SCHUFA stores and transmits the information to its contracting partners within the European domestic market to provide information necessary to rate the creditworthiness of natural persons. SCHUFA’s contracting partners are primarily lending institutions, credit card, and leasing companies. SCHUFA also provides information to dealerships, telecommunication and other companies that provide services for credit. SCHUFA only provides personal information if the company can credibly show a valid interest in this particular case. SCHUFA provides address information when partners wish to identify debtors. In addition to other information, SCHUFA may provide its contracting partners with a probability score calculated from its information to be able to assess the credit risk (score procedure). You may contact SCHUFA with regard to information stored on you. Additional information on the SCHUFA information and score procedures can be found in a brochure that can be provided upon request.

SCHUFA’s address is: SCHUFA Holding AG, Consumer Services, PO Box 5640, 30056 Hannover.

§ 4 Prices, Price Changes
(1) The listed gross prices include the statutory VAT.

§ 5 Delivery Dates
(1) Information provided on delivery dates is always non-binding. Binding delivery dates require a written agreement.

(2) If delivery is delayed due to circumstances the Seller is responsible for, the grace period to be provided by the Buyer shall be two weeks. This grace period shall commence upon the Seller’s receipt of the grace period notification.

(3) The delivery period begins on the date the Contract is entered into, especially upon order confirmation. It ends once the merchandise has left our factory or warehouse.

(4) If the delivery date cannot be observed due to circumstances the Customer is responsible for, the delivery period shall be extended within a reasonable scope. In the event of force majeure or unforeseen events that are outside our control, all agreed-upon delivery periods shall be extended accordingly. The same applies if such events affect our sub-supplier.

(5) Should we ourselves be delayed, the Customer must provide us with an appropriate grace period to address issues preventing us from rendering performance. At the end of this grace period, the Customer may withdraw from the Contract, provided the merchandise had not already left the factory or warehouse at the time the grace period expired.

(6) Partial deliveries are permitted.

(7) We reserve the right to colour or design changes to the products and technical improvements and print error to the extent that these are deemed acceptable to the Customer. Otherwise, we reserve the right to withdraw from the Contract.

§ 6 Shipping and Risk Transfer
(1) The Customer shall pay for the shipping costs. If no instructions from the Customer are received, we shall appoint the shipper or carrier.

(2) Risk is transferred to a Buyer, who is a merchant, as soon as the shipment was handed over to the person providing transportation services or as soon as the shipment has left the Seller's factory for shipping purposes. If the shipment is held back upon Buyer request, the risk transfers to the Buyer with the notification of readiness for shipment. If the Seller is a consumer in the meaning of Section 13 BGB [German Civil Code], this risk of loss or damages to the sold item is transferred upon delivery to the Buyer. The transfer is presumed to have taken place even if the Buyer is in default of acceptance (or has delayed actual receipt of the merchandise).

(3) Upon Buyer request, the shipments can be insured on his behalf and at his expense.

§ 7 Buyer’s Warranty Claims
(1) Should the delivered product not be in the agreed-upon condition or should it not meet the conditions of the Terms of the Contract or be suitable for general use, or should it not have the characteristics the Buyer can expect due to the public information provided by the Seller, the Seller shall always provide supplementary performance by providing a product free from defects.
Several additional deliveries are allowed. If the supplementary performance is unsuccessful twice, the Buyer has the option to either reduce the purchase price accordingly or to withdraw from the Contract.

(2) The limitation period for the aforementioned claims is two years after delivery of the merchandise.

(3) If the transaction is a commercial transaction in the meaning of Section 377 HGB [German Commercial Code] for both parties, the Customer must inspect the merchandise immediately and reject the merchandise in writing, in the event of visible defects immediately, at the latest, however, within one week of receipt of the merchandise. The rejection must include the number of the shipping ticket. Notifications of other defects must be issued in writing immediately, but at the latest within one week upon their discovery. We must be allowed to inspect the defects immediately. Additionally and notwithstanding (2), a limitation period of 1 year applies.

§ 8 Limitation of Liability
In the event of minor violations, the Seller’s liability is limited to the foreseeable, contract-typical, immediate average damages for that type of merchandise. This also applies to slightly negligent violations committed by the Seller’s legal representatives or ancillary agents.

§ 9 Retention of Title
(1) The Seller shall retain the title to the delivered merchandise (merchandise subject to retention of title) until all claims the Seller is, on whatever legal grounds, entitled to or shall be entitled to in the future have been fulfilled.

(2) Should the Customer sell the delivered merchandise to third parties before having satisfied our claims from the transaction in full, the retention of title concerning the claims the Customer has against the third parties shall transfer. The Customer shall thus assign its claims from the transaction with the third party to us. We accept this assignment.

(3) In the event of third party access, especially bailiffs, to the merchandise subject to retention of title, the Buyer shall point out the Seller's title and inform the Seller immediately, so that the Seller can assert its ownership rights. Should the third party not be able to reimburse the judicial and extrajudicial costs incurred by the Seller in this regard, the Buyer shall be liable for them.

(4) Should the Buyer violate the Contract, and especially if the Buyer is in default of payment, the Seller shall be entitled to withdraw from the Contract and demand the return of the merchandise subject to retention of title.

§ 10 Payment
(1) If no other agreements have been made, the invoice amount must be paid in cash, via bank transfer, or COD.  If specifically requested, if possible already before the order is place, delivery can be made on account. Payments must be made within 10 days of invoice date or delivery. Payments are due net without discount. Invoice amounts up to EUR 25.00 or repair invoices are payable immediately without cash discount deductions.

(2) Late payments by merchants shall be subject to interest fees. The interest rate shall be the rate used for short-term loans, but at least the legally required interest rate. For everything else, the legal provisions apply.

(3) Notwithstanding Buyer provisions to the contrary, the Seller shall be entitled to first apply the Buyer’s payments to older outstanding amounts and shall inform the Buyer on the manner in which the payment was applied.  If costs and interest have already accrued, the Seller shall be entitled to apply the payment first to the costs, then the interest, and lastly to the principal service.

(4) The Buyer shall only be entitled to apply the payment accordingly, if the counter claim is uncontested or has been legally established. The Buyer shall also, however, be entitled to withhold payments due to counter claims from the same contractual relationship.

§ 11 Merchandise Returns in Case of a Right of Withdrawal as per Section 355 BGB
(1) Should you be entitled to a right of withdrawal as per Section 355 BGB, you shall be responsible for the return shipping costs for order amounts up to EUR 40.00.

(2) Customized merchandise, e.g. spliced ropes, cannot be returned.

§ 12 Place of Fulfilment and Jurisdiction
(1) The place of fulfilment for both Contracting Parties is Nuremberg.

(2) Jurisdiction for merchants, bodies corporate organized under public law and special assets under public law is Nuremberg. This also applies to actions pertaining to refunds for the merchandise, check or draft procedures and collection procedures.