Conditions

General Terms and Conditions (GTC)

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of FYARE SYSTEMS GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or a trader (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop, as well as offers submitted by the Seller in writing or in writing. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions 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 independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, post, or via the online contact form.

2.3 Offers submitted by the Seller in writing or in text form, like the product descriptions in the online shop, are always subject to change and non-binding, unless the offer is designated as binding. The Customer may submit a legally binding contractual offer (order) to the Seller regarding the goods included in the offer by telephone, fax, email, or mail.

2.4 The Seller may accept the Customer’s offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller and sent to the Customer after the order has been submitted, along with these General Terms and Conditions, in text form (e.g., by email, fax, or letter). In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the product description or the seller's offer, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description or offer.

For deliveries outside the EU (except Switzerland), the customer shall bear all customs duties, taxes, fees and other public charges incurred upon import and/or export.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop or in the offer.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account with a PIN/TAN procedure activated for participation in "SOFORT," must authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately afterwards by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.6 If credit card is selected as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with Unzer GmbH (formerly Heidelpay), Vangerowstrasse 18, 69115 Heidelberg, Germany (www.unzer.com), to which the provider assigns its payment claim. Unzer GmbH collects the invoice amount from the customer's specified credit card account. In the event of assignment, payments can only be made to Unzer GmbH with debt-discharging effect. The credit card is charged immediately after the customer submits the order. Even if credit card payments are selected via Unzer GmbH, the provider remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, cancellation notices and shipments, or credit notes.

4.7 When choosing the payment method purchase on account / purchase on account (only for businesses, not selectable in the online shop), the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method purchase on account up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions. The seller also reserves the right to conduct a credit check if the payment method purchase on account is selected and to reject this payment method if the credit check is negative.

4.8 If the payment method “Financing with easyCredit” is selected, payment will be processed via TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter “TeamBank AG”), to which the seller assigns its payment claim. Before accepting the seller’s declaration of assignment, TeamBank AG will conduct a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “Instalment purchase by easyCredit” if the check result is negative. If the payment method “Instalment purchase by easyCredit” is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG according to the conditions set by the seller, which are communicated to the customer in the seller’s online shop. In this case, the customer can only pay TeamBank AG with a debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and reshipment, or credit notes. The General Terms and Conditions for Installment Purchase by easyCredit also apply, which can be found online at https://www.easycredit-ratenkauf.de/service-integration/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/ .

4.9 If the payment method "Financing with Consors Finanz" is selected, the purchase contract is only concluded after the successful conclusion of a corresponding loan agreement with BNP Paribas SA, Germany Branch, Schwanthalerstr. 31, 80336 Munich. Consors Finanz is a product of BNP Paribas SA, Germany Branch. Consors Finanz, and not the seller, becomes the contractual partner of the loan agreement. The seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and returns, or credit notes. If Consors Finanz rejects the customer's financing request, the purchase contract with the seller for the ordered goods is not concluded.

5) Delivery and shipping conditions

5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. When ordering via the seller's online order form, the delivery address provided in the online order form is decisive. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstances leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given them reasonable advance notice of the service. Furthermore, this shall not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy shall apply to the return shipping costs.

5.3 The risk of accidental loss and accidental deterioration of the sold goods shall generally only pass upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 In the case of self-collection, the Seller will first notify the Customer by email that the ordered goods are ready for collection. Upon receipt of this email, the Customer may collect the goods from the Seller's premises after consultation with the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

6.1 The Seller reserves title to the delivered goods until full payment of the purchase price owed by the Consumer.

6.2 The Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance, up to the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer meets its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the statutory liability for defects applies. In addition, the respective manufacturer's warranty applies to the products offered.

The following applies:

7.1 If the customer acts as an entrepreneur,

- the seller has the choice of the type of subsequent performance;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer, subject to the restriction of the following paragraph.

7.3 The limitations of liability and reductions of limitation periods set out in the preceding paragraphs shall not apply

- for items which have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

7.7 If subsequent performance is effected by way of replacement delivery, the customer is obligated to return the initially delivered goods to the seller within 30 days at the seller's expense. The return of the defective goods must be carried out in accordance with statutory provisions.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The balance of a promotional voucher will not be paid out in cash or bear interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the seller.

10) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled in any case to bring proceedings before the court at the customer's place of business.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.