General terms and conditions of F'Air West GmbH for www.fairwest.de

§ 1 General terms

(1) The following terms and conditions are applicapable for all business transactions between us and our customers using www.fairwest-shop.de

(2) Terms and conditions of our customers are not applicable even though we do not separately exclude them.

§ 2 Conclusion of contract, technical steps for the conclusion, identification and correction of data errors and information concerning storage of the contractual text

(1) The presentation of products on www.fairwest-shop.de is not a binding offer. It is a non-binding proposal to potential customers who may submit their offer in order to realize a business transaction for the products presented on www.fairwest-shop.de.

(2) The conclusion of contract on www.fairwest-shop.de requires the following steps: You collect the presented products in the amount of your choice in a so called cart by using the „+“ and „-„ Buttons on the product pages. With a click on the button “in your cart” a new page opens that shows a list of the products that you collected in your cart so far. On this page you can remove products from your cart by clicking the red cross. To order the chosen products in your cart click the “checkout” button on this page. A new page opens where you can insert your Login data, E-mail address and password – if you have previously ordered products and signed up for an account on www.fairwest-shop.de.
If you are a new customer, click on the “sign for a account” button. A new page opens where you are asked to insert your personal data, your address and your contact information. You can also sign up for our newsletter. Finally, you choose a password with which you will sign up for future transactions.

Now, both new and returning customers reach a page where the shipping address can be entered or confirmed and the shipping method may be chosen. By clicking  “next”, a new page opens where you can confirm your billing address, select your payment method and insert the required data concerning the chosen method. When you are finished, click “next”. A new page with a summary of your chosen products and payment method opens. By clicking “order now” you submit your binding order for the business transaction for the products displayed on this page.

(3) Before you submit your order you have the option to identify data errors on this page. The page displays billing and shipping address, essential product details, price of the chosen products as well as shipping cost and any additional costs. Before you submit your order by clicking “order now” you can change any part of this information by clicking the “edit” buttons.

(4) After you have submitted your order you will receive an E-mail to the E-mail address you provided to confirm your order. With the acceptance of your order the transaction is completed.  

(5) We store and archive the contractual text. You can always access the information for free in the password protected Login-area on www.fairwest-shop.de.

§ 3 Prices and terms of payment

(1) Prices include the legal sales taxes.

(2) If any additional costs for shipping or delivery occur, these costs will be displayed before you finalize your order.

(3) We offer the following payment options:

 

(4) The payment of the purchase price is due with the conclusion of the contract.

(5) In the case of a counterclaim that has been legally acknowledged or accepted by us, the customer may apply and funds due him against future purchases.

(6) The customer's statutory right of lien is recognized for claims only within each individual contract. This right does not extend or transfer to any other contract.

 Stand: 21.02.2013


§ 4 Shipping loss

(1) We ship our products via DHL or GLS.

(2) When the customer is a non-commercial consumer, we take responsibility in the event of loss during shipping.

(3) In any other case, the customer is responsible for shipping loss and/or damage during shipping from the point when the products are delivered to the transport company.

(4) We retain the option for partial delivery when the customer does not specifically object or whenever partial delivery is not unreasonable. In case of a partial delivery, costs for packing and shipping will be charged only once.

§ 5 Title retention

The products remain our property until the entire sale price inclusive of VAT and shipping costs have been paid.

§ 6 Warranty and general liability

(1) Customer claims due to quality defects will be honoured for two years from the time of delivery to the customer. Customer claims concerning used products due to quality defects will be honored for one year from the time of delivery to the customer except in the case of defects that have been fraudulently concealed.

(2) If the customer is a salesman, corporate body organised under public law or a separate public asset, claims due to quality defects as to quality will be honored for one year for new products from the time of delivery. This excludes defects that have been fraudulently concealed by us. For this case the legal regulations are effective. Our liability according to § 6 Nr. 5 and § 6 Nr. 6 remain unaffected.

(3) If the customer is a salesman, corporate body organised under public law or a separate public asset, there is no warranty for used products. This excludes defects that have been fraudulently concealed by us.

(4) If the customer is a salesman, any claims due to defects will only be honored if the customer reports the defect immediately upon receipt of the goods according to § 377 German HGB.

(5) According to statutory provisions we must accept returned items or accept the lowering of the purchase price of items without keeping usual deadlines if a private customer of our customer was able to return or lower the price of an item because of a defect of this item. Furthermore, we are responsible for our customer’s expenses, especially shipping, labor or material costs, that resulted from a supplementary performance towards the end-user that was caused by a defect of one of our items existing at the time of passing of risk. This right does not exist if the customer didn't observe the requirement to make a complaint in respect of the defect immediately on receipt of the goods according to § 377 German HGB.

(6) The liabilities resulting from § 6 Nr. 5 are invalid if a defect was caused by an advertising message or other contractual agreement that did not originate with us or if the customer gave a special warranty to the end consumer. The liability will also not apply if the customer was not legally obligated to the warranty that he gave to his customer or if he didn’t observe the requirement to make a complaint in respect of the claim addressed to him. It will also not apply, if our customer offered warranty to the end-user in an amount that extends the warranty rights regulated by law.

(7) Our liability for damages, caused by any legal action, especially in case of a delict, is limited to the contractual predictable damage.

(8) If we act wilfully in gross negligence or with fraudulent intention for guaranteed characteristics of our items, for violation of life, body or health the limits of liabilities mentioned above are not valid.


§ 7 Information for consumers concerning long distance contracts and customer information for  e-commerce contracts

(1) The product’s vital characters are contained in the description on the product pages and are displayed on the page where you can submit your purchase by clicking “buy now“.

(2) Languages that can be used for the conclusion of the contract are German and English.

(3) We are not subject to any code of conduct.

§ 8 Applicable law and place of jurisdiction

(1) The applicable law for the contractual relationship is the law of the Federal Republic of Germany.
The United Nations Convention for the International Sales of Goods is not applicable. If the Customer is a consumer, the rights resulting from the law of his country of residence remain unaffected.

(2)  If the customer is a salesman, corporate body organised under public law or a separate public asset, the place of jurisdiction is our place of business for every present and future claim resulting from the business relationship including bills and checks receivable. However, we have the right to sue our customer at his place of residence and/or business. The same place of jurisdiction is valid if the customer does not have a common place of jurisdiction in Germany or in the European Union or if his place of residence or his usual place of habitation are not known at the at the point of bringing the suit.

Version of 21.02.2013

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