Customer group: New Customer
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Conditions of Use

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Standard Business Terms and customer information
I. Standard business terms
§ 1
Basic provisions
(1)
The following business terms are applicable to all the contracts, which you conclude with us as a supplier
(Emel Demir) via the www.fairmarkt24.de website. Unless otherwise agreed upon, the inclusion, if necessary, of
your own conditions is ruled out.
(2)
A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent
professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible
partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial
activity.
§ 2
Conclusion of the contract
(1)
The subject-matter of the contract is the selling of products.
(2)
Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3)
You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase
are stored in the ‘Shopping cart’. You can use the respective button in the
navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been
called up and the respective personal data and payment and shipping conditions have been entered, all the order
data is displayed again on the order overview page.
Before the order is sent, you can re-check all the data,
change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “purchase” button, you are considered to have made a binding offer to us.
You then receive an automatically-generated email regarding the receipt of your order. This email does not yet
lead to the conclusion of a contract.
(4)
The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days
via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the
execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be
bound to your order. Under such circumstances, any services that have already been provided are restored
without undue delay.
(5)
You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We
supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(6)
The execution of the order and the sending of all the details necessitated by the conclusion of the contract
 
take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address
that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In
particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3
Special agreements related to the offered payment methods
(1)
Purchase on account via BillSAFE
In case of a purchase on account transaction that is carried out via BillSAFE, we irrevocably cede our entire
payment claim against you to PayPal (Europe) S.ą r.l. et Cie, S.C.A. ,22-24 Boulevard Royal, L-2449
Luxembourg. Before accepting the transfer, PayPal (Europe) S.ą r.l. et Cie, S.C.A. shall undertake a credit check,
using the data provided.
We reserve the right to refuse to allow you to use the payment method in question on the basis of the result of the
credit assessment. You shall be informed about this before your order is dispatched.
In case of authorisation of the purchase on account transaction, PayPal (Europe) S.ą r.l. et Cie, S.C.A. accepts
the cession. In such a case, debt-discharging payments can only be made to PayPal (Europe) S.ą r.l. et Cie,
S.C.A.
§ 4
Right of retention
, reservation of proprietary rights
(1)
You can only exercise a right of retention if the situation in question involves claims arising from the same
contractual relationship.
(2)
The goods remain our property until the purchase price is paid in full.
(3)
If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been
settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before
ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the
claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation
to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However,
insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the
claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire
co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the
invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the
extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are
responsible for selecting the securities to be released.
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