Standard Business Terms and Customer Information

I. Standard Business Terms

§ 1 Basic Provisions

(1) The following business terms apply to all contracts you conclude with us as the supplier (i-flair GmbH) via the website www.i-flair.de. Unless otherwise agreed, inclusion of your own terms is excluded.

(2) A “consumer” is any natural person who enters into a legal transaction predominantly for purposes outside their trade, business or profession. A “businessman” is any natural person, legal person or partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their trade or profession.

§ 2 Conclusion of the Contract

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

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

(3) Conclusion via the shopping cart: Items intended for purchase are placed in the shopping cart. You can open the cart at any time and make changes. After clicking “Checkout” / “Proceed to order” and entering personal, payment and shipping details, your order data are displayed as an order overview.

If you use an instant payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either return to our order overview or be redirected to the provider’s website. Enter/select your data there as required. Finally, the order overview will be displayed either by the provider or after return to our shop.
Before submitting the order, you can review and change the data (including via your browser’s “Back” button) or cancel the purchase.
By clicking the button (e.g. “order with obligation to pay”, “buy now”, “pay now”), you accept our offer and the contract is concluded.

(4) Your non-binding enquiries for an offer (e.g. via email) will be answered with a binding offer in text form, which you can accept within 5 days.

(5) Order processing and transmission of all contract-relevant information take place by email, partly automated. Ensure that the email address provided to us is correct and that receipt of emails is guaranteed (e.g. not blocked by spam filters).

§ 3 Special Agreements on Payment Methods

(1) Payment via Klarna. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer:

Invoice (“Pay Later”): DE terms: invoice, due date extension: extension. AT terms: invoice (AT), extension: extension (AT).
Hire purchase (“Financing”): DE info/terms: account; “Pay in 3 installments”: paylaterin3.
Instant bank transfer (“Pay Now”): The use of invoice/instalments/direct debit requires a positive credit check. For address/credit checks, we forward your data to Klarna before acceptance. Only payment methods permitted by the credit check are offered.

More information: DE user terms here, klarna.com/de. AT user terms here, klarna.com/at.

§ 4 Right of Retention, Reservation of Title

(1) You may exercise a right of retention only insofar as it concerns claims from the same contractual relationship.

(2) Goods remain our property until paid in full.

(3) If you are a businessman, additionally:

(a) We retain title to all goods until all claims from the business relationship are settled. Pledging or transfer by way of security is prohibited before transfer of ownership.
(b) You may resell in the ordinary course of business. You assign to us, in advance, all claims equal to the invoice amount arising from resale; we accept the assignment. You are authorised to collect the claims until proper payment ceases; otherwise we may collect ourselves.
(c) If goods under retention are combined/processed, we acquire co-ownership of the new item in proportion to the invoice value versus other processed items at the time of processing.
(d) Upon request, we will release securities if their realisable value exceeds our secured claims by more than 10%; we choose which securities to release.

§ 5 Warranty

(1) Statutory warranty rights apply.

(2) Consumers are requested to check goods promptly on delivery for completeness, visible defects and transport damage and notify us and the carrier in writing. Failure to do so does not affect legal claims.

(3) If a characteristic deviates from objective requirements, it is deemed agreed only if we informed you prior to your contractual declaration and this was expressly and separately agreed.

(4) For entrepreneurs, deviating provisions apply:

(a) Only our specifications and the manufacturer’s product description are agreed as quality, not public statements/advertising.
(b) In case of defects, we may remedy or replace at our discretion. After two failed attempts (unless circumstances indicate otherwise), you may reduce the price or withdraw. We need not bear increased costs due to transport to a place other than the place of performance unless intended use requires it.
(c) Warranty period is one year from delivery. This reduction does not apply to:
- damage to life, limb or health, or other damage caused intentionally/grossly negligent by us;
- fraudulently concealed defects or guaranteed qualities;
- items used for a building in accordance with their customary use and causing its defectiveness;
- statutory recourse claims you assert against us in connection with defects.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. Consumers retain protection of mandatory provisions of their country of habitual residence.

(2) For businessmen, public law legal entities or special funds, our place of business is place of jurisdiction and performance. Same applies if no general place of jurisdiction in Germany/EU exists or residence is unknown at filing. Other jurisdictions remain unaffected.

(3) CISG (UN Sales Convention) does not apply.

II. Customer Information

1. Identity of the Seller

i-flair GmbH
Neuländer Kamp 5
21079 Hamburg
Germany
Telephone: +49 40 73675470
E-Mail: service@i-flair.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on Contract Conclusion

The technical steps, contract conclusion and correction options follow the section “Conclusion of the contract” in Part I of these Terms.

3. Contract Language, Storage of Contract Text

3.1 Contract language is English.

3.2 We do not store the complete contract text. Before sending the order via the online cart system, you can print or save the contract data using the browser’s print function. After receipt of the order, we resend the order data, legally required distance selling info and these terms by email.

3.3 For offers outside the online cart system, all contractual information is sent in text form (e.g. by email) and can be printed or saved securely.

4. Main Features of Goods/Services

See the respective offer.

5. Prices and Payment Arrangements

5.1 Prices in offers are total prices incl. taxes; shipping costs likewise shown.

5.2 Shipping costs (if any) are not included in the purchase price; they are shown separately during the order process unless free delivery applies.

5.3 You bear costs of bank transfers where delivery is to an EU Member State but payment is initiated outside the EU.

5.4 Available payment methods are shown on our website or in the offer.

5.5 Unless otherwise specified, claims are due immediately.

6. Delivery Conditions

6.1 Delivery conditions/dates and any supply restrictions are shown on our website or in the offer.

6.2 Consumers: Risk of accidental loss/deterioration during shipment passes only upon delivery, regardless of insured shipping. Not applicable if you independently commission a carrier not designated by us. Businessmen: Delivery/shipping at your risk.

7. Statutory Warranty Right

Liability for defects is governed by the “Warranty” provisions in Part I.

These SBTs and customer details were created by IT-law lawyers of Händlerbund and are continuously reviewed. Händlerbund Management AG guarantees legal security and assumes liability in case of warnings. More info: haendlerbund.de …/agb-service.

Last update: 22.10.2024