general terms and conditions for consumer - Ethletic-Sneaker

Terms and Conditions

Fair Deal Trading GmbH
 
Managing Director: Marc Solterbeck
Spenglerstrasse 19
Commercial Register: HRB 9426HL
23556 Lübeck, Germany
Value added tax identification number:DE 81 5289657
 
 1.Scope of application
 
These terms of business shall regulate the complete business relationship between the customer
and the provider Fair Deal Trading GmbH.
 
"Customers" in terms of these Terms of Business shall
be both consumers and traders.
 
"Consumer" in terms of these Terms of Business shall be any natural person with whom a
business relationship is established and who is acting outside his/her trade, business or selfemployed
professional activities.
 
"Trader" in terms of these Terms of Business shall be any natural or legal person, and any
partnership having legal capacity, with whom/which a business relationship is established and
who/which is acting within his, her or its trade, business or self-employed professional activities.
 
2. Conclusion of contract
 
Any offers in the online shop shall be subject to alteration without notice. This means that Fair Deal
Trading GmbH, in case of non-availability of items offered, shall not be obliged to perform. To be
valid, any conclusion of contract implying a contractual obligation with respect to the individual
services shall require written confirmation of the order by Fair Deal Trading GmbH.
If an item is not (or only partially) available, we will inform you accordingly without any delay. We
shall promptly reimburse you for any payments made.
 
 3.Payment and shipping
 
The following payment and shipping terms shall apply:
 
Fair Deal Trading GmbH shall deliver the goods ex-warehouse Lübeck. Any obvious defects or
short quantities shall be reported in writing and without delay (within 8 days). Defective items shall
be returned at the expense of Fair Deal Trading GmbH, using an adhesive parcel label made
available for this purpose.
 
Any transport damage shall be confirmed by the delivery agent in the course of the delivery.
It is not always possible to avoid small deviations in size, colour, shade or workmanship.
For any non-obvious defects, a 3 months complaint period shall apply.
 
Prices shall be as in the price list current at the date of the order and as shown on the web pages.
Payment and delivery shall be made exclusively by using the payment systems/service providers
listed on the home page. Any invoice prices are end consumer prices and include value added tax.
Prior to conclusion of the contract, the shipping costs applying for the relevant shipment mode and
the destination specified shall be shown to the customer in a costs preview on the internet site;
such shipping costs may vary depending on the shipment mode and destination.
 
All transportation costs shall be payable when activating the total order.
 
Fair Deal Trading GmbH retains title to the goods delivered until paid for in full.
 
4. Quality
 
The goods' quality may vary due to the used materials, some of which are natural. Furthermore,
the products are handmade, which may also cause variations in workmanship.
Any sizes indicated shall be approximate sizes. The rendering of colours shall not be binding on
us.
 
5.Force majeure
 
In the event that Fair Deal Trading GmbH, due to circumstances amounting to force majeure
(included, but not limited to war, strike, natural disaster), cannot perform its contractual obligations,
it shall be relieved of its obligations under the contract for the duration of such circumstances.
If the impossibility to execute the order and/or deliver the goods due to force majeure persists
more than one month, the customer shall be entitled to rescind the contract.
 
6. Cancellation right
 
The consumer may cancel his or her order, within a time limit of two weeks and without stating a
reason, either by giving notice in text form (letter, fax, e-mail) or by returning the goods. The time
limit begins to run no earlier than the date on which the information about the cancellation right is
delivered in text form, however it shall not begin to run unless the goods have been delivered to
the consumer.
 
Timely despatch of the cancellation notice or the goods to the afore-mentioned address shall be
deemed sufficient for adherence to the time limit.
 
If the goods have been used, a compensation for loss of value may be claimed.
Pursuant to § 312 d para. 4 of the German Civil Code [BGB], the cancellation right shall not apply,
among others, to the delivery of newspapers, magazines or illustrated magazines, audio or video
recordings (i.e. CDs or DVDs) or software if the supplied data carriers have been unsealed by the
consumer.
 
7.Data protection
 
Pursuant to the German Teleservices Data Protection Act [TDDSG], the German Interstate Media
Services Agreement [MDStV], the German Federal Data Protection Act [BDSG] and other legal
provisions on data protection, the user is hereby informed that any personal data provided in the
course of his registration will be stored, processed and used, in a machine-readable manner,
exclusively for such purposes as were specified by the user.
 
Your data will be kept strictly confidential and will not be forwarded to third parties for any -
including commercial - purposes. For a complete execution of your order, we cooperate with
service providers to whom we submit certain information (name, first name, street address) related
to your order. Such service providers are responsible for the delivery of goods or handling of
payments (credit card, invoice or direct debit). Our service providers shall use the information
exclusively for the purpose stated above and shall not forward them to third parties.
 
8. Final provisions
 
These Terms of Business shall be governed by the law of the Federal Republic of Germany. With
respect to consumers acting outside their commercial or professional activities when entering into
the contract, this choice of law shall apply only in so far as the consumer is not deprived of the
protection provided by compulsory law of the state where he has his normal place of abode. The
place of jurisdiction for traders shall be at the place of the provider's registered office.
The contract language is German.
Should any provision hereunder be or become void, this shall not affect the validity of the
remaining provisions. In such case, the parties shall replace, by mutual consent, the void provision
by such substitute provision as shall come closest, in economic terms, to what the parties had
intended.
Subject to modification without notice / errors and omissions excepted.