Terms of service

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Jakob Fast e.K) via the website https://www.fahome.de/. Unless otherwise agreed, the inclusion of your own conditions is hereby objected to.

(2) A consumer, as defined in the following provisions, is any natural person who enters into a legal transaction for purposes that predominantly do not relate to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) Already by placing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the "shopping cart." By clicking on the corresponding button in the navigation bar, you can access the "shopping cart" and make changes at any time. After calling up the "checkout" page and entering personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, SofortĂĽberweisung), you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you make the relevant selection or enter your data there. Finally, the order data will be displayed to you on the website of the instant payment system provider or after being redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview, make changes (also using the "back" function of the web browser), or cancel the order. By submitting the order through the corresponding button ("buy" or similar designation), you legally accept the offer, thereby concluding the contract.

(4) Your requests to create an offer are non-binding. We will provide you with a binding offer in written form (e.g. by email), which you can accept within 5 days (unless another deadline is stated in the respective offer).

(5) The processing of the order and the transmission of all necessary information related to the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address provided by you is correct, that the receipt of emails is technically ensured, and, in particular, not prevented by SPAM filters.

§ 3 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been settled. Before transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims arising from the resale to us in the amount of the invoice amount; we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The choice of securities to be released is at our discretion.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item promptly upon delivery for completeness, obvious defects, and transport damage and to promptly notify us and the carrier of any complaints. Failure to do so does not affect your statutory warranty claims.

(3) If you are an entrepreneur, the following deviations from the above warranty regulations apply:

a) The condition of the item is defined solely by our own specifications and the manufacturer's product description, but not by any other advertising, public praise, or statements made by the manufacturer.

b) In the case of defects, we provide warranty by repair or replacement at our discretion. If the rectification of defects fails, you can choose between a reduction in price or withdrawal from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the item or the defect, or the other circumstances.

c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:

  • to damages attributable to us that were deliberately or grossly negligently caused in violation of life, body, or health;
  • if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
  • for items that have been used in accordance with their usual use for a building and have caused its defectiveness;
  • for statutory recourse claims that you have in connection with warranty rights against us.

§ 5 Choice of Law

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country where the consumer has their habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.

 

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II. Customer Information

  1. Identity of the Seller

Jakob Fast e.K

FaHome HermannstraĂźe, 5 32609 HĂĽllhorst Germany Phone: 01707048373 Email: Mail@Fahome.de

Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

  1. Information on the Conclusion of the Contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I).

  1. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we receive the order, the order data, legally required information for distance contracts, and the General Terms and Conditions are sent to you again by email.

3.3. In the case of inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in written form, e.g., by email, which you can print out or electronically save.

  1. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of the Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

  1. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

  1. Prices and Payment Methods

6.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the order process, and are to be borne by you additionally, unless free delivery has been promised.

6.3. Costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but the payment is initiated outside the European Union.

6.4. The available payment methods are indicated under a correspondingly labeled button on our website or in the respective offer.

6.5. Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

  1. Delivery Conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon transfer of the item, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipping are at your risk.

  1. Legal Warranty Right

The warranty is based on the regulations "Warranty" in our General Terms and Conditions (Part I).

These Terms and Conditions and Customer Information have been prepared by the specialized lawyers of the Händlerbund and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.