Please read these terms and conditions carefully before using our service.

Article 1 - Definitions

In these general terms and conditions, the following definitions shall apply:

Cooling-off period : the period within which the consumer can exercise his right of withdrawal;

Consumer : the natural person who is not acting as part of a profession or business and who enters into a distance contract with the trader;

Day : calendar day;

Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier : any means that enables the consumer or the trader to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal : the consumer's ability to cancel the distance contract within the withdrawal period;

Entrepreneur : the natural or legal person who offers products and/or services to consumers remotely;

Distance contract : a contract where, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Distance communication technology : means that can be used to conclude a contract without the consumer and the entrepreneur being together in the same room at the same time.

General terms and conditions : the contractor's current general terms and conditions.

 

Article 2 - Identity of the entrepreneur

Company name: 

Company registration number: 

Street:   

Address:

Area:

City/Country:

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be stated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier.

If this is not reasonably possible, it must be stated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that special product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or have been repealed, the agreement and these terms and conditions shall otherwise continue to apply and the provision in question shall be replaced without delay by mutual agreement with a provision that corresponds as closely as possible to the meaning of the original provision.

Situations not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in accordance with the spirit" of these general terms and conditions.

 

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this must be explicitly stated in the offer.

The offer is non-binding. The contractor has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered.

The description is sufficiently detailed to enable the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the contract.

Images accompanying products are a true representation of the products offered. The Contractor cannot guarantee that the colors shown exactly correspond to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

This applies in particular to:

The price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regime applies if the goods are imported into the country of destination within the EU, which is the case in the current case.

The postal and/or courier service collects GST (whether or not it is collected together with the customs clearance fees) from the recipient of the goods; any costs for the shipment;

The manner in which the agreement will be concluded and the steps required for this purpose;

whether the right of withdrawal is applicable or not; the method of payment, delivery and performance of the contract;

The deadline for accepting the offer, or the period within which the trader guarantees the price;

The level of the distance communication fee if the costs of using the distance communication technology are calculated on a basis other than the usual basic fee for the means of communication used;

Whether the contract is archived after it is concluded and, if so, how the consumer can access it;

The manner in which the consumer, before concluding the contract, can check and, if desired, correct the information he has provided under the contract;

Any languages ​​other than English in which the agreement can be concluded;

The codes of conduct to which the trader is subject and the way in which the consumer can access these codes of conduct electronically.

Minimum duration of the distance contract in the case of a transaction with duration.
Optional: available sizes, colors, type of material.

 

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the time when the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transmission of data and shall ensure a secure online environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may - within the framework of the law - inform himself whether the consumer can meet his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions for the implementation, while stating the reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. Visiting address of the trader's office where the consumer can submit complaints;
2. The conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. Information about warranties and existing customer service;
4. The information included in Article 4.3 of these general terms and conditions, unless the trader has already provided the consumer with this information before the contract is fulfilled;
5. the requirements for termination of the contract if the contract runs for more than one year or is indefinite.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into subject to suspensive conditions regarding sufficient availability of the relevant products.

 

Article 6 - Right of withdrawal

When purchasing products, the consumer has the right to terminate the contract without giving any reason for 14 days. This cooling-off period begins on the day after the receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 14 days of receiving the product. The consumer must notify this by means of a written message/email. After the consumer has notified that he wishes to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of dispatch.

If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in points 2 and 3, the purchase is a fact.

 

Article 7 - Costs of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the right of withdrawal. This applies provided that the product has already been received by the entrepreneur or conclusive evidence of complete return can be presented.

 

 

Article 8 - Exclusion of right of withdrawal

The trader may exclude the consumer's right of withdrawal for products described in points 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

1. which has been created by the trader in accordance with the consumer's specifications;
2. which is clearly of a personal nature
3. which cannot be returned due to their nature;
4. that deteriorates or ages quickly;
5. whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software where the consumer has broken the seal.
8. for hygiene products for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. relating to accommodation, transport, restaurant operations or leisure activities to be carried out on a certain date or during a certain period;
2. whose delivery began with the consumer's express consent before the withdrawal period expired;
3. about betting and lotteries.

 

Article 9 - The price

During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changed VAT rates.

By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that all prices quoted are indicative prices must be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they comply with statutory provisions or regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has determined it and:

1. they follow from statutory regulations or provisions, or
2. The consumer has the right to cancel the contract from the date the price increase comes into effect.

According to Section 5.1 of the Sales Tax Act 1968, the place of supply is the country where the transport begins. In the present case, the delivery takes place outside the EU. After this, the postal or courier company will collect import VAT or customs duties from the customer. Consequently, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the product at the incorrect price.

 

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for health and/or usability and the existing statutory provisions and/or state regulations on the date the contract was concluded. If so agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

Any defective or incorrectly delivered products must be reported to the contractor in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had a third party repair and/or modify them;

The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the contractor's instructions and/or treated on the packaging;

The error is wholly or partly a consequence of regulations introduced or to be introduced by the government regarding the nature or quality of the materials used.

 

Article 11 - Delivery and enforcement

The Contractor will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has notified the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders with reasonable speed but no later than 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the Consumer will be informed of this no later than 30 days after the order was placed. In such a case, the Consumer has the right to terminate the contract without costs and the right to any damages.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of termination.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipping shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously appointed and made known to the entrepreneur, unless otherwise expressly agreed.

 

Article 12 - Duration transactions: duration, termination and  renewal

Termination

The consumer may terminate a permanent contract concluded for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term period, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may amend the agreements mentioned in the previous paragraphs:

terminate at any time and is not limited to terminating at a particular time or for a particular period;

at least finish them in the same way they were begun by him;

always terminate with the same notice period that the contractor has set for himself.

Extension

A contract concluded for a fixed period of time and covering the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period of time.

Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months, if the consumer can terminate the extended contract towards the end of the extension with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular delivery of goods or services may only be renewed by tacit consent for an indefinite period if the consumer can terminate the contract at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines, however less than once a month.

A limited-term agreement for the regular delivery of daily or weekly newspapers and magazines through introduction (trial or introductory subscription) is not tacitly extended and automatically terminates at the end of the trial or introductory period.

Duration

If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude the agreement from being terminated before the end of the agreed term.

 

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days after the cooling-off period referred to in Article 6(1) has started to run. In the case of a contract for the provision of a service, this period starts to run after the consumer has received the confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in payment details provided or mentioned to the entrepreneur.

In the event of non-payment by the consumer, subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs of which the consumer has been aware in advance.

 

Article 14 - Complaints procedure

Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the deficiencies.

Complaints submitted to the entrepreneur will be responded to within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notification of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be subject to dispute resolution.

A complaint does not waive the operator's obligations unless the operator states otherwise in writing.

If the Operator considers the complaint to be valid, the Operator will, at its sole discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Hong Kong law, even if the consumer is resident abroad.

 

Contact us

If you have any questions about these terms, please contact us:

You can contact us by email: service@fairgoz.com