Conditions of Use
The average delivery time extends from 10 to 30 days after receipt of payment, however FGP Sp. Z.o.o reserves the right to extend the delivery time to the maximum of 8 weeks if it is necessary.
Price after deductions
All prices of this offer as well as the online product catalogue of FGP Sp. Z.o.o are net prices. Does the customer order VAT-exempt (export), the customer is bound to inform FGP Sp. Z.o.o about his international VAT-number. If the costumer does not attend to his duties, FGP Sp. Z.o.o reserves the right to evaluate the part of VAT-exempt and pay out the money to the finance office.
If FGP Sp. Z.o.o offers fairness accomplishment, does that not mean that FGP Sp. Z.o.o gives an confession statement.
All opposite pretensions in combination with contract signing between the customer and FGP Sp. Z.o.o apply to these common business conditions in their current version.
Object of agreement
FGP Sp. Z.o.o delivers the customer ordered goods or adduces services after acceptance. If FGP Sp. Z.o.o admits any contractual failure, FGP Sp. Z.o.o is indepted to inform the customer immediately. In that case the customer has the chance to sign a modified contract. If the customer does not give his acknowledgement, the contract is not accomplished.
Contract conclusion/right of withdrawal
The contract accomplishes via accepting the customer order by FGP Sp. Z.o.o . The customer pass on a declaration acceptance, § 151 Satz 1 BGB. The costumer will be informed about the contract conclusion by acknowledgment per email and copy of the contract respectively. The right of withdrawal applies not to such particular services of FGP Sp. Z.o.o , whose special business conditions excludes the right of withdrawal, such as for “CFK and GFK products”, as well as for the following ware groups:
+ Wares, which are produced by customer specification or which are definitely specific to the personal needs.
+ Wares, which are specifically supplied as a result of the customer declaration of intend and which doesn’t belong to the standard available capacity.
Does the customer place an order for the following wares and ware groups respectively, is the right of withdrawal also excluded, because theses wares are not appropriate to a reconsignment by reason of its consistency:
+ Wares, which are produced of standard elements by customer specification.
+ Special order of the customer.
If FGP Sp. Z.o.o finds out, after the contract conclusion, that the ordered wares or services are not available anymore or that it could not be delivered for legal reasons, then FGP Sp. Z.o.o either can offer equivalent wares or services in the same quality and price or can withdraw from the contract. FGP Sp. Z.o.o will refund already received payments after either the customer or FGP Sp. Z.o.o has withdrawn the contract immediately.
For the whole risk of damage on the transport or for the losing of wares on the transport, there exists a coverage up to a ware value of 500,00€ on the part of the post or united parcel service. Deliveries per letter are categorically not insured and the risk is taken by the customer. We request notification, if the delivery is incomplete or there is any damage after the transport. Visible damages (also packing damages) must be notified to the respective shipping/delivery service/post. If the customer fails to do so there is no right to draw on FGP Sp. Z.o.o .
Retention of title
The delivered ware is as long as it is not fully paid in the possession of FGP Sp. Z.o.o .
FGP Sp. Z.o.o assures that the products are free from defects at the time of the handing over. That means that the products are suited for the contract presumed and for the usual uses. The products show a consistency, which is usual for products in the same line and which the customer expects from that kind of product and from the proclamation of FGP Sp. Z.o.o respectively. The customer has to check the ware regarding on completeness and on any defects after receiving the delivery (within 2 days after reception). In the case of a deviation he has to send a notice of defect immediately. In the case of hidden defects he must send a notice after detection within the period of guarantee immediately. In the event of a defect the customer has the right to demand the remedy of defects or the delivery of a faultless ware according to § 439 BGB. FGP Sp. Z.o.o has the right to (§ 439 BGB) refuse the chosen customer fulfilment, if it is just possible by disproportional costs. If the remedy of defects does not succeed even by the second try, the customer has the right to demand a delivery of a faultless ware or to reduce the price or to withdraw from the contract. The withdrawal is excluded, if the defect is small and negligible. The claim for damage because of defects is excluded unless FGP Sp. Z.o.o concealed a defect maliciously or accepted a guarantee for the consistency of these wares. Precondition for a requirement of guarantee is, that the damage is not caused by improper use or overstraining. If the defect is shown later than 6 months after delivery, the customer has to proof that the defect already existed since the disposal. Alternatively it is up to FFGP Sp. Z.o.o to provide evidence that the defect happened after the disposal.
FGP Sp. Z.o.o , its management and employees are liable in cases of positive breach of claim, default of contract conclusion, delay, impossibility, unauthorized action as well as any legal ground on intention and gross negligence. In case of negligent breach of contractual cardinal obligation or of a malicious deceit and in case of a claim of compensation according to § 437 Ziffer 2 BGB FGP Sp. Z.o.o is liable. Merely in case of a breach of cardinal obligation the liability of FGP Sp. Z.o.o employees is limited on the typically, foreseeable defect. Insofar indirect defects are excluded. In case of delay the customer has alternatively the right to withdraw from the contract. The amount of a liability of FGP Sp. Z.o.o , according to the product liability law, is not affected. All mentioned arrangements reflect the whole extend of liability of FGP Sp. Z.o.o , its management and employees. A advanced liability is excluded. FGP Sp. Z.o.o is also not liable for any loss of wages harm.
Choice of law
Polish right is used on any legal relationships between FGP Sp. Z.o.o , the customer and the particular business conditions. The use of the UN-agreement about contracts about international ware sales from 11.04.1988 are excluded. These terms don’t include the constraining arrangements of the customers country. Insofar the contract has nothing to do with the occupational or commercial agitation of the customer and the customer has conducted the legal acts for the contract conclusion in his own country.
Copyright It is prohibited to use footage of FGP Sp. Z.o.o without knowledge and agreement of FGP Sp. Z.o.o . An agreement can only be related to pictures and must be given in written form. It is prohibited to use text material. Any violation is connected with claim for damage on the part of FGP Sp. Z.o.o . It is forbidden to copy any products of FGP Sp. Z.o.o . Contraventions will be legally persuaded and claims for damage in the amount of lump-sum 500.000,00 € will be demanded. The name “FFGP Sp. Z.o.o ” isn’t allowed to be used without permission.
Returns / Cancelling after purchase. All returned products must be accompanied by a Return Merchandise Authorization (RMA) number and are subject to 25% restocking fee. In any case buyer purchased and wish to cancel before parts are dispatched the process for cancelling will be subject to a 15% fee. THEIRFOR please make sure you know everything and you are SURE BEFORE YOU PUSH BUY ! Returns without RMA will not be accepted. To obtain an RMA, please contact us via email. Item must not be: • Damaged (installed, mishandled, misused, abused, altered or damaged items will be subject to 25%-100% restocking fee based on the severity of the damage) • Missing components • Broken (severely damaged items will be returned without refund) • Altered from original condition • Replacements, Refunds, or Store Credit will be granted once the product has been returned to FGP in its Original Condition • Buyer assumes all shipping, handling, and insurance charges including on all returns • There is no refund of shipping and handling fees under any circumstances If you wish to return your item, please feel free to do so within the suggested time. Reduced offers are not returnable. Please not ,that we do not refund shipping costs or import dutys as well as import taxes if apply. Returning of an item just possible in exactly the same shape as delivered. Products made by us in Carbon fibre or Fiberglass do have 12 Month guarantee, any accrued problems or faults need to be reported to us and need to be delivered to us for Fixing or confirming a Factory Fault for replacing. FGP Do not cover shipping costs and do not agree to pay costs of fixing at other facilities . Carbon fibre and Fiberglass parts are made to be used as repair or exchange parts . ( Not in the meaning of tuning ) No delivery to Germany Used parts are not new parts, New parts are described as new and than they are NEW. Offered parts are delivered as described, if any additional parts come with the item ,these are free items and do not have a guarantee and can’t be a reason for return or refund. Used mechanical parts, comes with marks or stickers, if any of these are touched ,changed or replaced we do not accept returning. If a package arrives damaged, opened or broken, do not accept it , let the driver of delivery sign a official paper with notification of damage. If the notification will not be made at delivery and you accept the package, we can not guarantee a refund or replace. If an item arrives broken and you have the notification at delivery from the driver, we send a replacing part on our own costs or fund you if necessary. If you do not have that and just accept the package, the refund or replacing will be depending on the decision of the insurance of the package. We will wait for decision of the insurance company to refund or not. this may take up to several weeks. If insurance will decide to do not pay ,we will also do not refund. The safest way is just to check package at delivery, than you are absolutely safe n each side.
A right of the customer of summation or retention does not exist unless the demand is undisputed or legally binding by court. It should be found out that an order process was released without actual purchase interest, 20% of the total sum are raised inclusively as a handling charge. These are to be transferred within 10 working days to the commercial discount payment called in the imprint. Should not be followed to him, judicial steps are initiated without other reminders. Place of fulfilment is the official location of FGP Sp. Z.o.o . For deliveries the place of fulfilment is either FGP Sp. Z.o.o . Zoo or the place of delivery of the first dispatcher, who works for FGP Sp. Z.o.o If certain terms of this contract are not fully or partial operative or later lost its legal effect, then shall the validity of the contract not be affected through this. For this case both parties are bind to declare an effective arrangement instead of an ineffective arrangement, which, insofar legally possible, nearly is equal to the ineffective arrangement with its commercial intention in consideration of the interests of the parties. The same applies to insofar the contract shows a not foreseen gap. Exclusive jurisdiction is the district court of Stettin (Poland) or a different jurisdiction mentioned by FGP Sp. Z.o.o . Insofar the customer must be a businessman in terms of the code of commercial law or he must be a corporation of the official law. With an order or a contract these conditions are read as and are looked accepted