General terms and conditions

Standard Terms of Business and Customer Information

I. Terms

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the supplier ( FAST TRADING LTD.

) via the website https://www.istabreeze.com/online/. Unless otherwise

agreed, the inclusion of any conditions you may have used is contradicted.

(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for

Purposes that predominantly neither their commercial nor their independent professional activity

can be attributed. An entrepreneur is any natural or legal person or a legal entity

Partnership that, when entering into a legal transaction in the exercise of their independent professional or

commercial activity.

 

§ 2 Conclusion of the contract

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

(2) By placing the respective product on our website, we are already offering you a

binding offer to conclude a contract for the specified in the item description

Conditions.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in

In the navigation bar you can call up the "shopping cart" and make changes there at any time.

After calling up the "Checkout" page and entering the personal data as well as the payment and

Finally, shipping conditions will be shown again on the order overview page.

If you have an instant payment system as your payment method (e.g. PayPal / PayPal Express, Amazon Payments, Sofort)

you will either be directed to the order overview page in our online shop or you will

first forwarded to the website of the provider of the instant payment system.

If you are forwarded to the respective instant payment system, make the appropriate selection or

Enter your data before. Finally, you will be returned to our online shop on the order overview page

directed.

Before submitting the order, you have the option of reviewing all the information here

change (also via the "back" function of the Internet browser) or cancel the purchase.

By submitting the order using the button "order with payment" you declare

legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for a quotation are non-binding. We will submit a

binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) The processing of the order and transmission of all information relating to the conclusion of the contract

required information is partially automated via email. You must therefore ensure that

the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured

and in particular is not prevented by SPAM filters.

§ 3 retention, retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same

Contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

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

a) We retain ownership of the goods until all claims from the

ongoing business relationship. A pledge is made prior to the transfer of ownership of the reserved goods

or security transfer not allowed.

b) You can resell the goods in the ordinary course of business. In this case, step in now

all claims in the amount of the invoice amount, which accrue to you from the resale, to us

accept the assignment. You are further authorized to collect the claim. As far as yours

However, we reserve the right not to meet payment obligations properly

move in yourself.

c) If the reserved goods are combined and mixed, we acquire joint ownership of the new item in

Ratio of the invoice value of the reserved goods to the other processed objects at

Processing time.

d) We undertake to release the securities to which we are entitled at your request insofar as the

Realizable value of our collateral exceeds the receivable to be secured by more than 10%. The selection

the security to be released is incumbent on us.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness and obvious defects.

Check defects and transport damage and complain to us and the freight forwarder as soon as possible

to communicate. Failure to do so will have no effect on your legal requirements

Warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own specifications and the product description of the [unclear] are considered as the condition of the goods.

Manufacturer as agreed, but not other advertising, public promotions and statements of the

 Manufacturer.

b) In case of defects, we will, at our discretion, provide a warranty by repair or replacement. If the

If the defect is not rectified, you can either request a reduction or withdraw from the contract. The

Eliminating defects is considered to have failed after a second unsuccessful attempt, if not in particular

results in something else in the nature of the thing or the defect or the other circumstances. In case of

Rectification we do not have to bear the increased costs of bringing the goods to a customer

place other than the place of performance, provided that the shipment is not in accordance with the intended use

corresponds to the goods.

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

- culpably caused damage from injury to life, limb or damage attributable to us

Health and other damage caused intentionally or through gross negligence;

- insofar as we maliciously concealed the defect or assumed a guarantee for the quality of the item

to have;

- for things that have been used for a building in accordance with their normal use and

caused its deficiency;

- with statutory recourse claims that you have against us in connection with rights to defects.

§ 5 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not conflict with mandatory legal provisions.

Protection provided by provisions of the law of the state of habitual residence of the consumer

is withdrawn (principle of favorability).

(2) Place of performance for all services arising from business relationships with us and place of jurisdiction

is our registered office, insofar as you are not a consumer, but a merchant, legal person under public law or

are public law special funds. The same applies if you do not have a general place of jurisdiction

Germany or the EU or have their domicile or habitual residence at the time the action is brought

is not known. The authority to also call the court at another legal place of jurisdiction remains

unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the seller

FAST TRADING LTD.

Bulgaria

Phone: + 359 87 781 9900

Email: info@istabreeze.com

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform)

ready, accessible at https://ec.europa.eu/odr.

2. Information about the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options

take place in accordance with the provisions of the "conclusion of the contract" of our general

Terms and Conditions (Part I.).

3. Contract language, treaty text storage

3.1. Contract language is German.

3.2. We do not save the complete text of the contract. Before sending the order online

The shopping cart system can print out the contract data using the print function of the browser or

be electronically secured. After receipt of the order by us, the order data becomes legal

prescribed information for distance contracts and the general terms and conditions again

sent to you by email.

3.3. If you have an offer outside the online shopping cart system, you will receive all contract data in the frame

a binding offer sent in text form, e.g. by email, which you print out or electronically

can secure.

4. Codes of Conduct

4.1. We have the quality seal of buyers seal of the dealership management AG and with it

also subject to the Ecommerce Europe Trustmark Code of Conduct, available at:

https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and

https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential characteristics of the good or service

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

6. Price and payment methods

6.1 . The prices listed in the respective offers, as well as the shipping costs, represent total prices.

include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. You are about a corresponding

designated button on our website or in the respective offer, will be in the course of

The order process is shown separately and must be borne by you, unless the

free shipping is promised.

6.3. If the delivery is made to countries outside the European Union, we cannot be held responsible

additional costs are incurred, such as customs duties, taxes or money transfer fees (transfer or

Exchange rate fees of the credit institutions) that are to be borne by you.

6.4. Costs of money transfer incurred (bank transfer or exchange rate fees)

You are responsible for paying in cases where delivery is made to an EU member state

but was initiated outside the European Union.

6.5. The payment methods available to you are under a correspondingly labeled button

shown on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the

concluded contract immediately due for payment.

7. Delivery terms 

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. As far as you are a consumer is regulated by law that the risk of accidental loss and the

accidental deterioration of the thing sold during shipping only when the goods are handed over to

It passes regardless of whether the shipment is insured or uninsured. This does not apply if you

independently a transport company not named by the entrepreneur or another one to carry out the

Have dispatched certain person.

Are you an entrepreneur, supply and shipment is at your risk.

8. Statutory warranty rights

Liability for defects is based on the "Warranty" regulation in our General

Terms and Conditions (Part I).

These terms and conditions and customer information were created by lawyers specializing in IT law and are constantly checked for legal conformity. 

 

last update: 19.11.2018