Terms and Conditions and Cancellation
As of: December 5, 2025
fairIT Vermarktung GbR
Attn: Justus Sprengel
Rotstr. 5
38518 Gifhorn
§1 Cancellation Policy
Right of Cancellation You can cancel your contract declaration within 14 days without stating reasons in text form (e.g. letter, e-mail) or – if the item is delivered to you before the deadline – also by returning the item. The period begins after receipt of this notification in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:
fairIT Vermarktung GbR
c/o Justus Sprengel
Rotstr. 5
38518 Gifhorn
Or via email to the order address listed on the website (info {at} fairemaus.de)
Consequences of Cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender the received service and benefits (e.g. benefits of use) in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. You only have to pay compensation for the deterioration of the item and for benefits derived if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Examination of the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store. Items that can be shipped as a parcel are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if they are not damaged. In the event of a complaint due to an error on our part, the return is of course free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation declaration or the item, for us with its receipt.
– End of Cancellation Policy –
§ 2 Scope
(1) The following General Terms and Conditions (GTC) apply to all deliveries and services of fairIT Vermarktung GbR for orders via the shop in business transactions with consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(2) All business relations between fairIT Vermarktung GbR and the buyer are exclusively subject to the following General Terms and Conditions in their version valid at the time of the order by the buyer. The GTC of fairIT Vermarktung GbR take precedence over all business, delivery, contract and purchasing conditions of the buyer. The latter do not become part of the contract even without express objection from fairIT Vermarktung GbR. These GTC also apply if fairIT Vermarktung GbR carries out the delivery to the buyer without reservation in the knowledge of conflicting or deviating conditions of the buyer.
§ 3 Offer and Conclusion of Contract
(1) The products offered by us consist partly of natural materials (housing) and may therefore differ slightly from the articles shown in the shop.
(2) When going through the ordering process, the buyer can make corrections to the order at any time, most recently on the order overview in the checkout area under “Place order”. The buyer can go back one step in the ordering process via the back function of the browser.
(3) By sending an order by pressing the “Submit order” button, the buyer makes a binding offer within the meaning of § 145 BGB. The receipt and the content of the buyer’s order is confirmed by fairIT Vermarktung GbR by e-mail (order confirmation). This order confirmation does not constitute acceptance of the buyer’s offer.
(4) A contract between the buyer and fairIT Vermarktung GbR only comes into effect when fairIT Vermarktung GbR delivers the ordered goods to the buyer.
(5) fairIT Vermarktung GbR stores the order and the entered order data of the buyer. The buyer can print out an order confirmation after going through the ordering process by pressing the “Print view” button.
§ 4 Prices
The list prices in effect at the time of the order, as shown on the website http://www.fairemaus.de, apply. Prices are quoted ex works from the fairIT Vermarktung GbR headquarters, including VAT but excluding packaging and shipping costs. Special offers can be arranged upon request for commercial customers and bulk buyers.
§ 5 Deliveries and Shipping Costs
(1) The delivery takes place to the invoice address indicated by the buyer, unless the buyer has additionally indicated a deviating delivery address with the order.
(2) The respective shipping costs are indicated separately as “Shipping costs”.
(3) fairIT Vermarktung GbR reserves the possibility of partial delivery, unless the partial delivery is obviously of no interest to the buyer.
(4) If the buyer is a consumer within the meaning of § 13 BGB, fairIT Vermarktung GbR bears the risk of accidental loss or accidental deterioration of the goods until the purchased item is handed over to the buyer. If the buyer is an entrepreneur within the meaning of § 14 BGB, the risk passes to the buyer as soon as fairIT Vermarktung GbR has handed over the goods to a transport company. This also applies to partial deliveries. It is equivalent to the handover if the buyer is in default of acceptance.
(5) If the buyer is in default of acceptance or if he culpably violates other obligations to cooperate, fairIT Vermarktung GbR is entitled to demand compensation for the resulting damage including any additional expenses. Further claims remain reserved.
(6) If the customer makes use of his right of cancellation, he has to bear the regular costs of the return if the delivered goods correspond to those ordered and if they are not damaged. In the event of a complaint due to an error on the part of fairIT Vermarktung GbR, the return is free of charge for the customer.
§ 6 Delivery Reservation and Delivery Time
(1) Delivery of the purchased item is subject to availability. If the item is unavailable, the buyer will be notified immediately. If the buyer has already paid the purchase price and is not interested in a subsequent delivery, the full amount will be refunded immediately.
(2) Provided the ordered products are available, they will be shipped within the delivery time specified for the item after receipt of the order (for cash on delivery or invoice) or receipt of payment (for prepayment, PayPal, or direct debit).
§ 7 Retention of Title
The delivered goods remain the property of fairIT Vermarktung GbR until full payment has been received.
§ 8 Terms of Payment
(1) fairIT Vermarktung GbR delivers against advance payment (bank transfer), cash on delivery (immediate payment on delivery), via PayPal, credit card and on account.
(2) fairIT Vermarktung GbR issues an invoice to the buyer for the ordered goods, which is handed over to him upon delivery of the goods. The invoice amount is due for payment immediately after receipt of the invoice – in the case of orders by advance payment and direct debit with receipt of the order confirmation. There is no possibility of a discount.
(3) In the event of default of payment, the buyer, who is a consumer, is obliged to pay default interest to fairIT Vermarktung GbR at a rate of 5% above the base interest rate, unless fairIT Vermarktung GbR can prove a higher interest rate. For buyers who are entrepreneurs, sentence 1 applies with the proviso that the default interest rate is 8% above the base interest rate.
(4) The buyer is only entitled to offset against the purchase price claim if his counterclaims have been legally established, are undisputed by fairIT Vermarktung GbR or have been acknowledged. In addition, the buyer is only entitled to exercise rights of retention if his counterclaim is based on the same contractual relationship.
§ 9 Warranty
(1) The warranty of fairIT Vermarktung GbR is based on the legal regulations.
(2) The buyer is obliged to check the delivered goods immediately after receipt and to report any complaints in writing within 14 days. Excluded are defects that have arisen due to improper handling, alteration of the delivered item or natural wear and tear. Due to the use of natural material for the housing, slight deviations in quality and color are inherent in the product and cannot be avoided during production. These minor deviations do not constitute a material defect within the meaning of § 434 BGB, as long as they do not impair the technically flawless application.
(3) In commercial transactions, the warranty is limited to two years and fairIT Vermarktung GbR is entitled to repair the product according to its possibilities or to provide a free replacement. First choice will always be the repair.
§ 10 Liability
(1) The customer’s claims for damages or reimbursement of futile expenses are based on this regulation.
(2) For damages resulting from injury to life, body or health, which are based on a negligent breach of duty by fairIT Vermarktung GbR or an intentional or negligent breach of duty by a legal representative or vicarious agent of fairIT Vermarktung GbR, fairIT Vermarktung GbR is liable without limitation.
(3) With respect to all other liability claims, fairIT Vermarktung GbR shall be liable without limitation only in the event of the absence of the guaranteed quality, as well as for willful misconduct and gross negligence, including that of its legal representatives and executive officers. fairIT Vermarktung GbR is liable for the fault of other vicarious agents only to the extent of liability for slight negligence pursuant to Section 10(4).
(4) fairIT Vermarktung GbR shall be liable for slight negligence only if an obligation is breached whose fulfillment is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, liability is limited to the amount of foreseeable damage typical for this type of contract.
(5) The liability under the Product Liability Act remains unaffected.
§ 11 Force Majeure
(1) In cases where fairIT Vermarktung GbR is unable to perform the service owed due to certain circumstances beyond its control (in particular, labor disputes or force majeure), fairIT Vermarktung GbR shall be released from its performance obligations for the duration of the hindrance.
(2) If fairIT Vermarktung GbR is unable to fulfill the order or deliver the goods for more than one month due to the circumstances mentioned in paragraph 1, the buyer is entitled to rescind the contract.
§ 12 Final Provisions and Severability Clause
(1) All legal relationships arising from this contractual relationship are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all disputes is Munich, provided that the buyer is a merchant or equivalent to such or if he has his registered office or branch abroad.
(3) Should a provision of these GTC be or become ineffective or unenforceable, this shall not affect the effectiveness of the GTC in the remainder. Rather, the contracting parties undertake to replace the ineffective or unenforceable provision with an effective and enforceable provision that corresponds as closely as possible to the economic and idealistic provisions within the legal limits.