General terms & conditions
1 Scope(1) The following General Terms and Conditions (GTC) are part of the between the customer and Fairdeal Trading GmbH, Spengler Strasse 19, D-23556 Lübeck (hereinafter "Seller") concluded contracts on the online store, please visit www. retail-shop.ethletic.com be closed. From diverging terms and conditions of the customer, as far as he is an entrepreneur, shall not be valid.
(2) Customers in the sense of the present Terms and Conditions are both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB.
(3) With respect the valid in each case at conclusion of the contract version of the GTC.
2. Conclusion of Contract
(1) The presentation of products in the online shop of the seller is not a legally binding offer to conclude a purchase contract, but a noncommittal online catalog.
(2) The customer is the payer order in the online shop of the seller submits a binding offer to the seller to conclude a contract with him.
(3) The seller accepts the offer of the customer with sending a written (letter or fax) or electronic (e-mail) order confirmation, at the latest with the delivery of the goods to the customer. Only upon receipt of the order confirmation or with the delivery of the goods to the customer comes into the purchase agreement. If the customer receives a confirmation of receipt of his order by e-mail to the e-mail address indicated by him (so-called. Order confirmation), this does not constitute a legally binding declaration of acceptance by the seller, but only an information to the customer that the Order has been duly communicated to the seller. The customer is obliged to ensure that his or her designated e-mail address is correct, and it can receive emails from the seller.
(4) The seller holds for the customer, in particular for consumers, separately detailed information on the steps that lead to the conclusion of the contract, ready - click here.
3. Right of withdrawal within the meaning of § 13 BGB
Withdrawal
Consumers may cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail.) Or - if the goods before the deadline - also by returning the item. The period begins upon receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
Fairdeal Trading GmbH
Spenglerstrasse 19
D-23556 Lübeck
or e-mail: [email protected]
or fax: +49 (0) 451 / 880693-19
Consequences of Withdrawal
In the case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg. As interest) surrendered. Can the performance received and benefits (eg. B. advantages) zurückgewähren us not or partially not or only in deteriorated condition or surrender, you have to pay us compensation. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" means the testing and trying out the goods as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered and corresponds to the price of the products does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment. Otherwise, the return is free for you. Not parcel things are picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with sending your cancellation explanation or the thing, for us with their receipt.
End of revocation
Note on legal exceptions to the right of withdrawal
The right of withdrawal is consumers according to relevant here statutory provisions (§ 312 para. 4 Nr. 1 BGB) does not apply to distance contracts for the delivery of goods that have been produced according to customer specifications or which are clearly tailored to personal needs or which are not by their nature suitable for return or can spoil quickly or whose expiration date has passed.
The right of withdrawal is consumers according to relevant here statutory provisions (§ 312 para. 4 Nr. 1 BGB) does not apply to distance contracts for the delivery of goods that have been produced according to customer specifications or which are clearly tailored to personal needs or which are not by their nature suitable for return or can spoil quickly or whose expiration date has passed.
4. Prices and delivery costs; Return costs when canceled by consumers
(1) All prices are final, include the legal German VAT of 19%.
(2) The shipping costs are not included in the purchase price, they are reported separately during the ordering process and are to be paid by the buyer in addition.
(3) Deliveries abroad are currently not available in the online shop.
(4) For partial deliveries occur the customer only for the first partial delivery Shipping, unless partial deliveries are made at your request.
(5) If and when a consumer effectively exercises his right of withdrawal pursuant to paragraph 3, the seller has to bear the costs of sending. But this has to reimburse any additional costs incurred by the fact that the customer has explicitly chosen a different delivery than in our online shop offered budget by the seller Shipping.
(6) If and when a consumer effectively exercises his right of withdrawal pursuant to paragraph 3, he has to bear the regular cost of returning the goods if the delivered goods ordered corresponds and if the price returned does not exceed an amount of 40 euros or if the consumers has not yet the time of withdrawal provided the consideration or a contractually agreed partial payment at a higher price the thing.
5. Delivery
(1) The delivery to the delivery address has stated in its order, the customer.
(2) The delivery time for shipments to an address in Germany is approximately 3 business days from receipt of payment. On Sundays and holidays there is no delivery.
(3) The seller is entitled to make partial deliveries if this is reasonable for the customer. If the seller complies with an order by partial deliveries, the customer incurs only for the first partial delivery shipping. Successes the partial deliveries to the customer's request, the seller charged for each partial delivery shipping.
(4) If the customer is an entrepreneur within the meaning of § 14 BGB, the risk of accidental loss or accidental deterioration of the goods passes to the customer, as soon as the seller the matter to the forwarder, carrier or otherwise given to execute the dispatch person delivered or institution
6. Unavailability
If the seller can not or an ordered item does not deliver on time, because his supplier of his delivery obligation does not fulfill a contract concluded before the local Purchase Agreement, the Seller shall be entitled to separate from the obligation to deliver to the customer. The seller in this case is obliged to inform the customer immediately about the unavailability of the article and to report to an optionally provided compensation immediately.
7. Payment
(1) The payment in the online shop of the seller made in advance (either by preliminary bank transfer, debit or via the online payment service PayPal or Sofortüberweisung). Purchase price and shipping costs are payable immediately upon conclusion of the contract. Customers who already performed at least one non-revoked order (so-called. Existing customers), can pay with a total order value of more than 250,00 Euro in addition to bill ordering.
(2) When you select the bank tranfer the seller calls the customer bank details in the order confirmation. The payment by means of online payment services PayPal or Sofortüberweisung done online during the order process by the applicable special conditions.
(3) A lien can only exercise the customer if the claims from the same contractual relationship.
(4) The customer is not entitled to set off against our claims, unless his counterclaims are legally established, uncontested or contested but ready for decision.
8. Retention of title
(1) The delivered goods remain until full payment of the purchase price from the seller.
(2) If the customer is an entrepreneur as defined by § 14 BGB applies in addition the following: - The seller retains title to the goods until the complete settlement of all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted. The customer must notify third parties immediately in writing to the seller at imminent or already underway seizure or other interventions. - The customer may resell the goods in the ordinary course of business. In this case, the customer already now all claims in the amount of the invoice (final invoice amount including VAT.), Which accrue to him from the resale against his customers or third parties, to the seller, regardless of whether the purchase thing without or has been sold after processing. The seller accepts the assignment, the customer remains entitled to collect the receivables. If the customer meets its payment obligations properly, the seller reserves the right to collect claims ourselves.
- When connecting and mixing of the goods, the seller collects ownership of the new object in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
- The Seller agrees to release the securities he is entitled upon request to the extent that the realized value of its securities exceeds the secured claims by more than 10%. The choice of securities to be released is incumbent upon the seller.
9. Warranty
(1) The warranty is generally based on the legal provisions; claims for damages or reimbursement of expenses apply notwithstanding the measures provided for in Paragraph 10 limitations and exclusions.
(2) If the customer is an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Are only the own specifications of the vendors and possibly the manufacturer's product description binding, but not promotions and public utterances and other advertisements by the manufacturer for the quality of the goods.
- The customer is obliged to inspect the goods immediately and with due attention to the quality and quantity and the seller show obvious defects within 7 days from receipt of goods. To meet the deadline, the timely dispatch is sufficient. This also applies to later found hidden defects from discovery. In case of violation of investigation and reprimand the assertion of warranty claims is excluded.
- In case of defects the seller shall provide at its option by repair or replacement delivery (subsequent performance). In case of repair, the seller does not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not comply with the intended use of the goods.
- If the subsequent performance fails twice, the customer can demand reduction or withdraw from the contract at his discretion.
- The warranty period is one year from date of delivery.
10. Liability
(1) The seller is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of expenses.
(2) In other cases, the seller is liable - unless otherwise agreed in the following paragraph notwithstanding - only for breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract at all, and on whose compliance the customer may trust regularly (so-called cardinal obligation), and Although limited to the replacement of the foreseeable and typical damage. In all other cases the liability of the seller is excluded subject to the provision in the following paragraph.
(3) The seller's liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions.
11. Privacy Policy
The seller informs the customer that personal data of customers is stored and processed electronically for purposes of orderly settlement of transactions. For more information take place in the use of the online service from the seller as part of its privacy policy.
12. Final Provisions
(1) Should any of the provisions of the contract with the customer including these General Terms and Conditions be wholly or partly invalid, the provisions otherwise remain unaffected.
(2) The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany, excluding the CISG (CISG). If the customer is a consumer and has the time of his appointment his habitual residence in another country, the application of mandatory laws of this country is not affected by the measures taken in Clause 1 Applicable law.
(3) If the customer is a merchant, legal entity under public law or public special assets, headquartered in Germany, the place of performance and exclusive jurisdiction for all disputes arising from this contract shall be the seat of the seller.
(4) The exclusive place of jurisdiction for all disputes arising from this contract at the registered office of the seller is also justified if the customer as an entrepreneur has no general jurisdiction in Germany or domicile or habitual residence at the time of action are not known.
