TERMS OF SERVICE
1. Scope of the General Terms and Conditions
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable law
9. Place of jurisdiction
10. Information on online dispute resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of “Fairtransport B.V.” (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods presented by the seller in his online shop. We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity.
1.3 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2. Conclusión del contrato
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation in text form (by email), whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
– by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer’s offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email) after submitting his order together with the present terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be called up free of charge by the customer via his password-protected customer account, providing the relevant login data, provided the customer has created a customer account in the seller’s online shop before sending his order.
2.5 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which is used to enlarge the display on the screen. The customer can correct his entries before placing a binding order as part of the electronic order process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is placed and can also be corrected there using the usual keyboard and mouse functions.
2.6 The Dutch, German, English and French languages are available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned to process the order can be delivered.
2.8 When ordering alcoholic beverages, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult person authorized by him can accept the goods.
3. Derecho de desistimiento
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.
4. Precios y condiciones de pago
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 The customer has various payment options available, which are specified in the seller’s online shop.
4.3 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed otherwise.
4.5 If the payment method “PayPal direct debit” is selected, PayPal will debit the invoice amount from the customer’s bank account after issuing a SEPA direct debit mandate, but not before the deadline for prior information has expired. Preliminary information (“Pre-Notification”) is every message (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the customer objects to the debit, although he is not authorized to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this .
5. Condiciones de entrega y envío
5.1 The delivery of goods takes place regularly via the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller’s purchase is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller’s cancellation policy.
5.3 In the case of collection by the seller, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from the seller’s headquarters after consulting the seller. In this case, no shipping costs will be charged.
6. Conservación del título
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7. Responsabilidad por defectos
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8. Legislación aplicable
Dutch law applies to all legal relationships between the parties.
For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
9. Lugar de jurisdicción
The place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is entitled to call the court at the customer’s registered office.
The same applies to disputes arising from this contract with private customers
10. Información sobre la resolución de litigios en línea
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.