General Terms and Conditions
1. Scope
These General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Fast Products UG (Haftungsbeschränkt).
By listing products in our online shop, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting your order, you will receive another confirmation by email.
3. Contract Language, Storage of Contract Text
The languages available for the conclusion of the contract are German and English.
We store the contract text and send you the order details and our General Terms and Conditions in text form. You can also view the contract text in your customer account.
4. Delivery Conditions
Shipping costs may be incurred in addition to the stated product prices. Further details regarding any applicable shipping costs can be found in the respective offers.
We only deliver by shipping. Collection of the goods is unfortunately not possible.
5. Payment
The following payment methods are generally available in our shop:
Advance Payment
If you select advance payment, we will provide you with our bank details in a separate email and will ship the goods after receipt of payment.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you generally need to be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. Further information will be provided during the ordering process.
Credit or Debit Card via PayPal
Payment by credit or debit card is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). For this purpose, you enter the required card details during the ordering process. Further information will be provided during the ordering process.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment has been made.
The following additionally applies to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business; all claims arising from such resale shall be assigned to us in advance in the amount of the invoice value, irrespective of whether the goods subject to retention of title are combined or mixed with a new item, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport Damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurer.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
9. Warranty and Guarantees
9.1 Liability for Defects
Unless expressly agreed otherwise below, the statutory provisions governing liability for defects shall apply.
The following limitations and reductions of limitation periods do not apply to claims based on damage caused by us, our legal representatives or agents:
- in the event of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfilment of which is necessary for the proper performance of the contract and on whose compliance the contracting party may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, where agreed, or
- where the scope of application of the German Product Liability Act applies.
Restrictions Applicable to Entrepreneurs
With respect to entrepreneurs, only our own information and the manufacturer's product descriptions incorporated into the contract shall be deemed agreed characteristics of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Provisions Applicable to Merchants
Among merchants, the obligation to inspect and give notice of defects stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification stipulated therein, the goods shall be deemed approved unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and Customer Service
Information regarding any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions, complaints and objections by email at info@fastproducts.de.
10. Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or agents:
- in the event of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the event of guarantee promises, where agreed, or
- where the scope of application of the German Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which is necessary for the proper performance of the contract and on whose compliance the contracting party may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded and whose occurrence must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.
General Terms and Conditions created using the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.