General terms and conditions
Section 1: General Provisions
- The following terms and conditions apply to contracts that you enter
with us as a supplier
Firm: Fein & fair,
Balinger Str. 1,
70567 Stuttgart Tel : +49(0) 0711-69988947
email firstname.lastname@example.org via the website www.kashmirbasar.com. The inclusion of any of buyer’s own terms and conditions are hereby rejected.
- For the purposes of the following regulations, a "consumer" refers to any individual who enters a legal transaction for reasons that are primarily personal and non-commercial. Conversely, an "entrepreneur" is defined as a natural or legal person or a legal partnership who, while entering a legal transaction, is acting in an independent capacity for professional or commercial purposes.
Section 2: Contract Conclusion
- The subject matter of the contract is the sale of goods.
- Upon posting a product on our website, we provide a binding offer to conclude a contract under the conditions specified in the item description.
The contract is concluded via the online shopping cart system in the following manner:
The desired goods are added to the "shopping cart".
By using the corresponding button in the navigation bar, you may access the "shopping cart" and make any necessary changes.
Once you have reached the "Checkout" page and entered your personal data, the payment and shipping conditions are again displayed on the order overview page.
If an instant payment system (e.g., PayPal, Credit Card, Giropay, etc.) is selected as the payment method, you will either be taken to the order overview page in our online shop, or you will be redirected to the provider's website for the instant payment system.
If redirected to the instant payment system, make the necessary selection, or enter your information, and then return to the order overview page on our online shop.
Before submitting your order, you can review all the details and make any necessary changes. By clicking the "order with obligation to pay" button, you legally accept the offer and conclude the contract.
- Any inquiries made by you to prepare an offer are non-binding. We will provide you with a binding offer in written form (e.g., via email), which you can accept within 5 days.
- The processing of the order and the transmission of all information required for the conclusion of the contract is partially automated via email. You must ensure that the email address we have on file is accurate, that email receipt is technically feasible, and is not obstructed by SPAM filters.
Section 3: Special Agreements on the Types of Payment Offered
- Credit Check: In case of payment on account or direct debit, we may make advance payments subject to a credit check based on mathematical and statistical procedures to safeguard our legitimate interests. To perform this check, we will pass your data to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden. We reserve the right to refuse payment methods like account or direct debit if your credit check results are unfavorable.
- SEPA Direct Debit: By selecting the SEPA core direct debit or SEPA corporate direct debit payment method, you authorize us to collect the invoice amount by issuing a corresponding SEPA mandate. The direct debit will be collected within five days of the contract's conclusion, and the pre-notification submission deadline is shortened to five days before the due date. It is your responsibility to ensure sufficient funds are in your account on the due date. If there is a return debit due to your fault, you must bear the bank fee.
Section 4: Right of Retention, Retention of Title
- You can exercise a right of retention only if it relates to claims from the same contractual relationship.
- We retain ownership of the goods until the full payment of the purchase price.
- If you are an entrepreneur, the following applies:
- We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before transferring the ownership of the goods subject to retention of title, pledging or security transfer is not allowed.
- You can resell the goods in the ordinary course of business. In this case, you assign to us all claims of the invoice amount that arise from the resale, and we accept the assignment. You are further authorized to collect the claim. If you fail to meet your payment obligations, we reserve the right to collect the claim ourselves.
- If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- At your request, we undertake to release the securities to which we are entitled if the realizable value of our securities exceeds the secured claim by more than 10%. We have the discretion to choose the securities to be released.
Section 5: Warranty
- The statutory warranty rights apply.
- As a consumer, you are requested to check the item for completeness, obvious defects, and transport damage immediately upon delivery. If you notice any complaints, please notify us and the freight forwarder as soon as possible. Failure to do so does not affect your statutory warranty claims.
- If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
- Only our own information and the manufacturer's product description are agreed upon as the quality of the item, not other advertising, public promotions, or statements by the manufacturer.
- In case of defects, we guarantee repair or subsequent delivery at our discretion. If we fail to rectify the defect, you can request a price reduction or withdraw from the contract. The rectification of defects is considered a failure after an unsuccessful second attempt unless there are special circumstances. If the goods must be shipped to a location other than the place of performance for repairs, you bear the increased shipment costs if the shipment does not correspond to the intended use of the goods.
- The warranty period is one year from the delivery of the goods. The deadline does not apply in cases of culpably caused damage attributable to us from injury to life, body or health, intentional or grossly negligent damages, fraudulent concealment of the defect, guarantees for the quality.
Section 6: Choice of Law, Place of Performance, Place of Jurisdiction
- The governing law of this website shall be German law. However, if you are a consumer, this choice of law will not apply if it deprives you of the protection afforded to you by mandatory provisions of the law of the country in which you normally reside (favorability principle).
- Our registered office shall be the place of performance for all services related to our business relationship with you, as well as the place of jurisdiction, provided that you are not a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. This also applies if you do not have a general place of jurisdiction in Germany or the European Union, or if your place of residence or habitual abode is unknown at the time the action is filed. This does not affect your right to appeal to a court of law in another jurisdiction.
- The provisions of the UN Sales Convention are expressly excluded.
Section 7: Protection of Minors
- When selling goods that are subject to the regulations of the Youth Protection Act, we will only enter contractual relationships with customers who have reached the legally prescribed minimum age. Any existing age restrictions will be indicated in the respective item description.
- By submitting your order, you confirm that you have reached the legally required minimum age and that your personal information, including your name and address, is accurate. You are responsible for ensuring that only you or authorized persons who have reached the legally required minimum age receive the goods.
- If we are required by law to verify the age of the recipient, we will instruct the logistics service provider responsible for the delivery to only hand over the goods to persons who have reached the legally prescribed minimum age. If there is any doubt, the logistics service provider will be required to verify the identity of the recipient using their identity card.
- If we indicate in the respective item description that you must be over the age of 18 to purchase the goods, the preceding paragraphs 1-3 will apply, with the exception that you must be of legal age instead of the legally prescribed minimum age.
Section 1: Identity of the Seller
Fein & Fair
Owner: Saima Jabeen
Authorized Person: Rana Amir Khan
Balinger Str. 1
Section 2: Information on the Formation of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
Section 3: Contract Language and Text Storage
- The contract language is English.
- We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts, and the general terms and conditions will be sent to you again by email.
- If you make requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
Section 4: Codes of Conduct
We have submitted to the Buyer's Seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatslösungen.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/.
Section 5: Essential Characteristics of the Product or Service
The essential characteristics of the goods and/or services can be found in the respective offer.
Section 6: Prices and Payment Methods
- The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
- The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free delivery has been promised.
- If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You also have to bear any costs incurred for the transfer of money in cases in which the delivery takes place in an EU member state, but the payment has been initiated outside the European Union.
- The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
- Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
Section 7: Terms of Delivery
- 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.
- As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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.