GENERAL TERMS AND CONDITIONS
General terms and conditions with customer information
(The following terms also contain legal information about your rights under applicable consumer protection and e-commerce regulations.)
1. Scope of Application
2. Offers and Service Descriptions
3. Order Process and
Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery and Availability of Goods
6. Transfer of Risk
7. Terms of Payment
8. Retention of Title
9. Warranty for Defects
10. Liability
11. Storage of the Contract Text
12. Data Protection
13. Dispute Resolution
14. Place of Performance,
Jurisdiction, Applicable Law,
and Contract Language
1. Scope of Application
1.1 These General Terms and Conditions (“Terms”) apply to all purchase contracts between FAKHRA ([insert business address]) (“Seller,” “we,” “us”) and the customer (“Customer,” “you”) placed through the FAKHRA online store (fakhra.us), regardless of whether the Customer is a private consumer or a business.
1.2 You can reach our customer service for questions, complaints, and order issues on business days at [insert phone number] and by email at [insert support email].
1.3 A “consumer” is any individual who places an order for personal use, unrelated to a trade, business, or profession. A “business customer” is any individual or entity placing an order in the course of a trade, business, or profession.
1.4 Any terms proposed by the Customer that conflict with or deviate from these Terms will not apply unless the Seller expressly agrees to them in writing.
1.5 Any additional or different agreements between Seller and Customer must be made in writing to be valid.
1.6 Any rights the Seller is otherwise entitled to under applicable law remain unaffected by these Terms.
2. Offers and Service Descriptions
2.1 Product listings on the FAKHRA website are not binding offers — they are an invitation for the Customer to place an order. Descriptions of products do not constitute a guarantee of any specific feature unless explicitly stated as such.
2.2 All offers are valid while supplies last, unless stated otherwise on the product page. Errors and omissions excepted.
3. Order Process and Conclusion of Contract
3.1 The Customer may browse and select products without obligation and add them to a shopping cart. Proceeding to checkout begins the ordering process.
3.2 By completing checkout and clicking the final “Place Order” (or equivalent) button, the Customer submits a binding offer to purchase the items in the cart. The Customer may review and edit their order at any point before submitting it. Required fields are marked accordingly.
3.3 The Seller will send an automatic order confirmation email acknowledging receipt of the order. This confirmation does not constitute acceptance of the order — it only confirms that the order was received. A binding contract is formed only when the Seller sends a separate shipping confirmation or ships the goods.
3.4 If the Seller is unable to fulfill an order (for example, due to an item being out of stock), no contract is formed. The Seller will notify the Customer promptly and refund any payment already made without delay.
4. Prices and Shipping Costs
4.1 All prices listed on the FAKHRA website include any applicable sales tax in effect at the time of purchase.
4.2 Shipping costs are charged in addition to the listed product price and are clearly displayed to the Customer during checkout before order completion.
5. Delivery and Availability of Goods
5.1 If advance payment has been agreed upon, delivery will occur after payment is received in full.
5.2 The Seller may make partial shipments where reasonable for the Customer.
5.3 Goods are shipped to the delivery address provided by the Customer. Unless otherwise stated, orders are typically processed within 1–3 business days of order confirmation and payment receipt. Stated delivery times are estimates, not guaranteed delivery dates.
5.4 If delivery fails after multiple reasonable attempts due to circumstances within the Customer’s control, the Seller may cancel the order and refund any payments made, less any costs incurred as a result.
5.5 If an ordered product becomes unavailable through no fault of the Seller, the Seller will notify the Customer promptly and may offer a comparable substitute. If no suitable substitute is available, or the Customer declines it, and the delay exceeds a reasonable period, either party may cancel the order.
5.6 Delivery times and any shipping restrictions (e.g., countries we do not currently ship to) are described in the Shipping & Delivery section of the website or within individual product listings.
6. Transfer of Risk
6.1 For consumer orders, risk of loss or damage passes to the Customer upon delivery of the goods, or upon the Customer’s failure to accept delivery when offered.
6.2 For business customer orders, unless otherwise agreed, risk passes to the Customer once the goods are handed to the carrier.
7. Terms of Payment
7.1 Unless otherwise agreed, payment is due at the time the order is placed. Payment is considered received once the funds are available to the Seller.
7.2 The Customer may choose from the payment methods offered at checkout.
7.3 Available payment methods may include:
- Credit/Debit Card — Processed securely through our payment provider at checkout.
- PayPal — The Customer authorizes payment through their PayPal account; goods ship once payment is confirmed.
- Other digital payment methods (e.g., Apple Pay, Shop Pay, Klarna, etc.) — as made available at checkout, subject to that provider’s terms.
7.4 The Customer may only offset claims against the Seller if such claims have been legally established or acknowledged by the Seller. The Customer may only withhold payment for claims arising from the same contract.
8. Retention of Title
The Seller retains ownership of all delivered goods until the purchase price, including any applicable taxes and shipping costs, has been paid in full.
9. Warranty for Defects
9.1 Warranty rights are governed by applicable consumer protection law.
9.2 Any additional product guarantee applies only where expressly stated by the Seller.
9.3 For consumer orders, the limitation period for warranty claims follows applicable law in the Customer’s jurisdiction, beginning from the date of delivery.
10. Liability
10.1 The following limitations apply to the Seller’s liability for damages, without prejudice to other legal requirements.
10.2 The Seller is fully liable for damages caused by intentional misconduct or gross negligence.
10.3 The Seller is liable for ordinary negligence only where it breaches a material contractual obligation — one whose fulfillment is essential to the contract and which the Customer reasonably relies on. In such cases, liability is limited to foreseeable damages typical for this type of contract.
10.4 These limitations do not apply to claims involving injury to life, body, or health, fraudulent concealment of defects, or liability under applicable product liability law.
10.5 Where the Seller’s liability is excluded or limited, the same limitation applies to the personal liability of its employees, representatives, and agents.
11. Storage of the Contract Text
11.1 The Customer may save or print the order summary before completing checkout.
11.2 The Seller sends an order confirmation email containing all order details, a copy of these Terms, and information on shipping and payment terms. Registered customers can also view past orders in their account. The Seller retains contract records but does not publish them publicly.
12. Data Protection
12.1 The Seller processes personal data provided by the Customer (such as name, address, email, phone number, and payment details) in accordance with applicable data protection laws.
12.2 Personal data is treated confidentially and used only for order processing, account management, delivery, payment processing, fraud prevention, and — where the Customer has not opted out — marketing communications. Data may be shared with service providers (such as shipping carriers and payment processors) strictly as needed to fulfill orders.
12.3 The Customer may withdraw consent to marketing communications at any time by contacting [insert support email].
12.4 Full details on data collection, processing, and the Customer’s rights are available in our Privacy Policy.
13. Dispute Resolution
13.1 The Seller is not obligated to participate in informal dispute resolution proceedings and has chosen not to do so voluntarily. Customers retain all rights to pursue claims through applicable legal channels.
14. Place of Performance, Jurisdiction, Applicable Law, and Contract Language
14.1 The place of performance is [insert city/state].
14.2 For business customers, the exclusive jurisdiction for disputes arising from this business relationship is [insert city/state]. The Seller may also bring claims at the Customer’s place of business or any other legally permissible jurisdiction.
14.3 These Terms are governed by the laws of [insert state/country], without regard to conflict-of-law principles. Where the Customer is a consumer residing outside [insert state/country], mandatory consumer protection laws of the Customer’s home jurisdiction remain unaffected.
14.4 The contract language is English.