General Terms and Conditions

§ 1 Scope, contract language, storage of the contract text

(1) The business relationship between the customer of the online shop under the domain www.fair2.me (hereinafter referred to as "Onlineshop") and the operator of this online shop, FAIR2.ME GmbH (hereinafter referred to as "FAIR2.ME ") shall be governed exclusively by these General Terms and Conditions in the version applicable at the time of the order.

(2) The contractual language is German and English.

(3) FAIR2.ME stores the text of the contract. The customer can view the text of the contract and past orders in his customer account, provided he is registered as a customer. The GTC can also be viewed, downloaded, saved and printed at any time here on this page.


§ 2 Conclusion of the contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. Individual products can be placed in the virtual shopping basket by clicking on the "add to shopping basket" button, without this constituting an offer to purchase. Before placing an order, the customer can add further products to the shopping basket or remove them again by selecting the "Delete" or "X" button. The customer can also cancel the ordering process altogether by closing the browser. Only by clicking the button "order subject to payment" does the customer place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. FAIR2.ME may accept your order by sending an order confirmation by e-mail or by delivering the goods within five days.

(2) If the customer has chosen the payment methods PayPal, Sofortüberweisung or Stripe, the contract is already concluded at the time of your confirmation of the payment instruction to PayPal or Sofortüberweisung or Stripe.

(3) If the payment method prepayment is selected, the customer will receive an invoice with the order confirmation. The contract shall only be accepted after receipt of payment within the period and in the manner specified in paragraph 1. The ordered product will be reserved for a total of 10 days. If the customer's payment is received later, the ordered product may already no longer be in stock. Should this be the case, the payment will be refunded immediately.

(4) If, in exceptional cases, an item is not in stock after the purchase, FAIR2.ME will inform the customer immediately and give him an expected delivery date or suggest the delivery of a comparable product. If the customer is not satisfied with the delivery date or does not wish to receive a comparable product, the purchase shall be cancelled and FAIR2.ME shall immediately reimburse the customer for any payments already made.
 

§ 3 Prices and shipping costs

(1) The prices at the time of the customer's order shall apply. All prices quoted include the statutory value added tax and are exclusive of the shipping costs incurred.

(2) The shipping costs can be taken from the respective product page. There, the shipping costs are listed with the price. The shipping costs are also displayed again on the order page. In addition, FAIR2.ME also provides information on the respective shipping costs under the heading "Delivery and shipping costs".

(3) If the customer pays in advance, the goods will be dispatched after receipt of payment. Thus, the delivery period begins on the working day after the customer has issued the payment order to his transferring credit institution.


§ 4 Delivery, delivery conditions and delivery periods

(1) Deliveries are only made within Germany and to the countries of the European Union (see Delivery and Shipping Costs).

(2) Delivery takes place within 7 working days (Monday to Saturday with the exception of public holidays). We indicate the exact delivery times on the respective product page.

(3) If the customer pays in advance, the goods will be dispatched after receipt of payment. Thus, the delivery period begins on the working day after the customer has issued the payment order to his transferring credit institution.

 

§ 5 Right of withdrawal

If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), i.e. a natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or self-employed professional activity, the customer shall be entitled to a right of revocation, the conditions, deadlines, procedure for exercising the right, legal consequences and further details of which FAIR2.ME shall inform the customer separately in the revocation instructions. The model withdrawal form can also be found there.


§ 6 Terms of payment and means of payment

(1) The purchase price shall become due upon dispatch of the goods. The purchase price is made up of the purchase price and the flat-rate shipping fee, if such a fee is charged.

(2) The customer pays in the shop either by Prepayment, Stripe (instant transfer, SEPA debit, credit card, Apple Pay, Google Pay) or by PayPal.

(3) If Paypal is selected, the customer will be redirected to the Paypal pages. There he can enter his payment data. The customer will receive further instructions on this during the ordering process.

(4) The processing of the credit card, Apple Pay, Google Pay, Sofortüberwei-sung and direct debit payment methods is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), subject to the Stripe terms of use, which can be viewed at https://stripe.com/de/legal, to which FAIR2.ME assigns its payment claim. Stripe collects the invoice amount from the customer's specified account depending on the payment method.

(5) The customer is not entitled to offset claims of FAIR2.ME unless the counterclaims have been legally established or are undisputed. The customer shall also be entitled to set-off against claims of FAIR2.ME if he asserts claims for defects or counterclaims arising from the same purchase contract.


§ 7 Warranty

(1) The customer shall be entitled to the statutory warranty rights in respect of defects. The warranty period is two years after receipt of the goods.

(2) In the event of a defect in the purchased goods, the customer shall be entitled to choose between subsequent performance in the form of rectification of the defect or delivery of a new, defect-free item. In the event of rectification of the defect, FAIR2.ME shall be obliged to bear all the expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item was taken to a place other than the place of performance.

(3) If subsequent performance fails or if FAIR2.ME is not in a position to make a replacement delivery or if this is delayed beyond a reasonable period for reasons for which FAIR2.ME is responsible, the customer may choose to withdraw from the contract or reduce the purchase price.

(4) FAIR2.ME shall pay damages for defects in accordance with the statutory provisions, taking into account the limitation of liability in accordance with §9 of these General Terms and Conditions.


§ 8 Limitation of liability

(1) FAIR2.ME shall be liable without limitation, irrespective of the legal grounds, in the event of injury to life, limb or health as well as in the event of intentional or grossly negligent action on the part of its legal representatives or vicarious agents or in the event of a breach of material contractual obligations caused by slight negligence. Material contractual obligations are obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on. In the event of slight negligence, FAIR2.ME shall only be limited to compensation for the foreseeable, typically occurring damage.

(6) Any further liability of FAIR2.ME on the basis of the Product Liability Act or assumed guarantees shall remain unaffected.

§ 9 Retention of title

The delivered goods remain the property of FAIR2.ME until full payment has been received.



§ 10 Online Dispute Resolution Platform; Information on Alternative Dispute Resolution in Consumer Matters

(1) The European Commission provides a platform for online dispute resolution (OS). You can find the platform at https://webgate.ec.europa.eu/odr/ .

(2) FAIR2.ME is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

§ 11 Choice of law and agreement on the place of jurisdiction (for entrepreneurs)

(1) The legal relationship between the contracting parties shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer and has his habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) The exclusive place of jurisdiction and performance shall be Cologne, insofar as the customer is a merchant. For other customers, the place of jurisdiction shall be determined in accordance with the statutory provisions.

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