These General Terms and Conditions (hereinafter referred to as "GTC") govern the dispatch, delivery and return in connection with the purchase/sale of goods which are offered on the online sales platform of FlairFindr by a registered supplier (hereinafter referred to as "supplier") and for which the contact or the conclusion of the contract by the buyer (hereinafter referred to as "customer") takes place via the platform.
By concluding a corresponding purchase contract, the supplier and the customer declare their agreement to the application of these GTC.
Any deviating provisions communicated to the Customer in writing by the Supplier prior to the conclusion of the contract (by e-mail, chat, message or by post) shall remain reserved.
The prices stated on the platform are approximate prices. The binding purchase price (incl. VAT, if due) will be communicated or confirmed to the customer in writing (via the platform) upon request. The stated price is valid for 30 days unless otherwise stated by the supplier.
The prices do not include shipping and delivery costs. When contacting the supplier, the customer shall inform the supplier whether the item is to be collected from the supplier or to which address delivery is desired. In addition to informing the customer of the purchase price, the supplier shall make the customer an offer for the shipping and delivery costs with details of the relevant carrier. The supplier does not carry out any transports to the customer himself. Deviating agreements remain reserved.
Liability for any transport damage shall be governed by the general terms and conditions of the carrier concerned. It is the customer's responsibility to enquire with this company about the conditions and the possibility of taking out additional transport insurance. The supplier accepts no liability for any damage occurring during transport.
The costs of customs clearance/taxation for cross-border deliveries shall be borne in full by the customer.
The customer is obliged to inspect the delivered items immediately upon receipt and to notify the supplier without delay of any material defects or defects of title that are discovered. The goods shall be deemed to have been approved in any case if the customer has not submitted a detailed notice of defect with corresponding photos to the supplier by e-mail or by post within 8 days of delivery.
Defects which were not recognisable during proper inspection in accordance with the above paragraph must be notified to the supplier immediately (within 5 days) after discovery by e-mail or by post, otherwise the ordered products shall also be deemed to have been approved with regard to these defects. The period of prescription for the assertion of defects of any kind is limited to 1 year.
The supplier is only liable to the customer for the presupposed and expressly warranted characteristics of the purchased item.
If a case of warranty exists, the supplier may determine whether to withdraw the contract, repair or replace the item or grant compensation for reduced value. If the supplier orders the return, the transport costs shall be borne by the supplier. The customer is obliged to pack the item properly and hand it over to the carrier indicated by the supplier. If the customer does not comply with the supplier's instructions within 14 days, the warranty claims shall lapse. Liability for consequential damages is in any case excluded to the extent permitted by law.
The liability for material defects and defects of title (warranty) is conclusively regulated in section 3 above.
Liability for further damage (e.g. consequential damage) is excluded to the extent permitted by law, irrespective of the legal grounds.
The written acceptance of the contract (by letter, e-mail, chat, message etc.) is binding. A right of revocation is not granted. Deviating written agreements prior to the conclusion of the contract remain reserved.
If the customer, as a consumer, is resident in a country in which the right of revocation is mandatory by law (e.g. countries of the EU), the following shall apply:
The customer has the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period begins on the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the goods. In the case of a contract for several items purchased as part of a single order and delivered separately, the withdrawal period begins from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last item.
In order to exercise the right of revocation, the customer must inform the supplier by means of a written declaration (by letter, e-mail) of his decision to withdraw from the contract.
Consequences of the revocation: The customer is obliged to return the item within 14 days at his own expense. The Supplier shall refund the customer the purchase price paid (including any VAT claimed by the Supplier) to the account specified by the customer within 14 days of receipt of the returned goods. No refund will be made for separately agreed shipping and delivery costs, customs duties and taxes.
If the supplier finds that the goods are damaged on receipt, he is entitled to make a deduction from the purchase price to be refunded in the amount of the repair costs or the reduction in value.
The right of revocation does not apply to
The delivery of goods which are not prefabricated and have been manufactured according to the specifications of the customer
The supply of goods which may deteriorate or deteriorate quickly;
The supply of goods which, for health or hygiene reasons, are not suitable for return if they have been unsealed by the customer after delivery;
The delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
The supply of sealed video or audio recordings or sealed software if the customer has unsealed them after delivery;
The supply of digital content if the customer has accepted at the time of ordering that delivery may commence and cannot cancel once delivery has commenced, or if there are other statutory exceptions. Any further, mandatory legal prescreptions remain reserved.
The supplier undertakes to comply with the legal prescreptions on data protection. In particular, he undertakes to process and store all personal data received in connection with the execution of the contract (including IP addresses transmitted when using the website) exclusively for the purpose of fulfilling his contractual obligations. He is not entitled to pass this data on to third parties (e.g. for advertising purposes).
Nevertheless, the customer consents to the use of personal data for the personalisation of advertisements and product offers placed on the website by the supplier and the platform provider.
The customer further agrees that the supplier as well as the platform provider may use personal data of the customers for direct marketing purposes. This includes addressing the customer by letter, e-mail, chat, message, etc.
In all other respects, the GTC and the data protection declarations of the individual suppliers shall apply.
For the use of the FlairFindr platform, the GTC and the data protection declaration listed on the homepage of the operator shall apply.
Normally, the supplier requires advance payment. This is to be paid by the customer within 10 days after invoicing to the account specified by the supplier. The supplier delivers the goods within 14 days. If the goods are not delivered within this period, the customer is entitled to withdraw from the contract. The withdrawal is valid as soon as it has been communicated in writing by the customer to the supplier. In this case, the supplier is obliged to refund the advance payment to the customer without interest and deduction of costs within 10 days. A deviating regulation between the parties remains reserved.
Should individual provisions of these GTC be invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible valid provision which, in terms of its content, comes as close as possible to the original intention and the economic purpose pursued thereby.
The platform operator is entitled to amend and supplement these GTC. The new edition of the GTC shall become effective upon publication on the FlairFindr website and shall replace all previous editions. As soon as the customer makes use of the supplier's services after the amendment, he implicitly agrees to the new GTCs.
For legal actions of the customer in connection with this contract, the court of jurisdiction is either the customer's place of residence or the supplier's place of business. The court at the customer's place of residence shall have jurisdiction for actions brought by the supplier. The law applicable at the place of jurisdiction shall be applicable. Mandatory legal prescriptions as well as a deviating regulation between the parties remain reserved.