- Scope
These General Terms and Conditions (“GTC”) apply to the entire business area of Fair-Tradedeal Inc. (hereinafter “Company”). The company offers liquidations, brokerservices and evictions as well as inventory recordings.
- Contract conclusion
The conclusion of the contract comes about through the acceptance of the offer of the company regarding the purchase of products and / or services by the customer.
The contract is concluded in any case if the customer uses
- Prices
Unless otherwise stated, all prices are in HongKong dollars (HKD). Unless otherwise stated, all prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any further applicable taxes.
The prices are exclusive of packaging and shipping costs.
The company reserves the right to change prices at any time. The prices valid at the time of conclusion of the contract are valid on the website of the company and according to the price list of the company.
- Payment
The company offers the following payment options to the customer: Cash, Cash_in_Advance, Credit Card, or PayPal
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, he automatically falls behind.
From the time of default, the customer owes default interest in the amount of 5% (five percent).
If the company also offers products via an online platform for purchase, rent or other use, it may demand payment electronically as part of the ordering process (credit cards, PayPal or other payment systems).
Offsetting the invoiced amount with a possible claim of the customer against the company is not permitted.
The company has the right to refuse to deliver or provide services in the event of late payment.
- Duties of the company
5.1. Delivery / delivery dates
The delivery takes place within 7 (seven) working days after receipt of payment. If timely delivery is not possible, the customer will be informed by the company within 7 (seven) working days of receipt of the order and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance shall be the registered office of the company. The company fulfills by handing over the ordered products to the agreed forwarding agent. If no freight forwarder is agreed, the company is free to choose a freight forwarder. The agreed delivery costs may not be increased by the choice of the forwarder.
5.2. Service delivery
Unless otherwise agreed, the Company will fulfill its obligation by providing the agreed service. If no further provisions are agreed, the place of performance shall be the registered office of the company.
5.3. Assistants
The parties have the express right to call in assistants for the performance of their contractual obligations. You must ensure that the assistance of the assistant takes place in compliance with all mandatory statutory provisions and any collective agreements.
- Obligations of the customer
The customer is obliged to immediately take all precautions necessary for the provision of the service by the company. The customer must make the arrangements at the agreed place at the agreed time and in the agreed measure. Depending on the circumstances, this includes providing suitable information and documents to the company.
- Abwerbe- and employment ban
The customer may not, without the express written consent of the company, solicit or hire its employees or other auxiliary persons on its own account or for the account of a third party. Even after termination of the contract, the customer is prohibited to employ employees or other auxiliary persons of the company in any way directly or indirectly. This prohibition is valid for one year after termination of the contract and is limited to the field of activity of the respective employee or auxiliary person.
- Exchange
An exchange of products is generally excluded.
- Warranty
As agreed in the main contract, any warranty of the company is excluded.
The company guarantees to perform the agreed services in industry standard quality.
- Liability
The liability for any indirect damage and consequential damage is fully excluded.
The liability for direct damages is limited to the selling price of the product / service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is completely excluded.
- Intellectual property rights
All rights to the products, services and any trademarks belong to the company or they are entitled to their use by the owner.
Neither these GTC nor any related individual agreements have the transfer of any intellectual property rights to the content, unless this is explicitly mentioned.
In addition, any re-use, publication or making available of any information, images, text or otherwise obtained by the customer in connection with these terms is prohibited unless explicitly authorized by the company.
If the customer, in connection with the company, uses content, texts or pictorial material to which third parties have a protective right, the customer must ensure that no third-party property rights are infringed.
- Privacy
The company may process and use the data included in the contract to fulfill its obligations under the contract. The company takes the necessary measures to secure the data according to the legal regulations. The customer agrees with the storage and contractual use of its data by the company fully agrees and is aware that the company is obliged by order of courts or authorities and is entitled to provide information from the customer to this or third parties. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data necessary for the fulfillment of the performance can also be passed on to commissioned service partners or other third parties.
Furthermore, the privacy policy applies.
- Changes
These terms and conditions may be changed by the company at any time.
The new version comes into force 30 (thirty) days after the announcement by the company.
In principle, the version of the GTC which is valid at the time of the conclusion of the contract applies to the customers. Unless the customer has agreed to a newer version of the terms and conditions.
14. Priority
These terms and conditions precede all older terms and contracts. Only provisions from individual contracts which specify the terms of these terms and conditions are subject to these terms and conditions.
- Severability Clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the ineffective provision with an effective provision which comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contract gaps.
- Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation remains valid even after the termination of the contract.
- Force majeure
Is the timely fulfillment by the company, its suppliers or third parties due to force majeur such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, civil unrest, civil wars, revolutions and revolts, terrorism, sabotage, strikes, nuclear accidents resp , Damage to the reactor is impossible for the company during the period of force majeure and a reasonable start-up period after the end of which the company is exempted from fulfilling the duties involved. If the force majeure lasts longer than 30 (thirty) days, the company can withdraw from the contract. The company has to reimburse the customer already paid in full.
Any further claims, in particular claims for damages due to vis major are excluded.
- Applicable Law / Jurisdiction
These terms and conditions are subject to HongKong law. Insofar as no mandatory statutory provisions apply, the court at the company’s headquarters is responsible. The Company is free to raise a claim at the defendant’s domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
