Terms and Conditions

Having its registered office in USA at: 5845 W Willis ave, Fresno, CA 93722 and in India at: Udyog Vihar Phase V, Sector 37, Gurugram, 122001, Haryana, India.

ARTICLE 1. DEFINITIONS

In these general terms and conditions the following terms are capitalized and used in the following meaning, unless expressly indicated otherwise:

  1. Consumer: the Buyer who enters into an Agreement with 98Fahren and thereby does not act in the exercising of a profession or operating of a company.
  2. Buyer: the natural person or legal entity who purchases Products from 98Fahren and who is the other party to the Agreement with 98Fahren.
  3. 98Fahren: the party with which the Buyer concludes the Agreement and user of these general terms and conditions.
  4. Order: placing an order to supply Products by the Buyer from 98Fahren.
  5. Agreement: the agreement between 98Fahren and Buyer on the basis of which 98Fahren supplies Products to Buyer against payment.
  6. Parties: 98Fahren and the Buyer jointly.
  7. Products: all goods, including coolvests, cooltowels and all other cooling products, which are the subject of the Agreement.
  8. In writing: “In writing” for the purposes of these general terms and conditions shall also include communication by e-mail, fax or digital (for example via an online interface), provided that the identity and integrity of the content are duly established.
  9. Website: 98Fahren’ website, which can be accessed at: http://98fahren.com/

ARTICLE 2. APPLICABILITY

  1. The present general terms and conditions are applicable to any and all proposals, Agreements and deliveries of 98Fahren, of whatever nature, unless this applicability is fully or partly expressly excluded in writing and/or unless expressly stipulated otherwise.
  2. Any general terms and conditions of the Buyer, by any name whatsoever, are expressly rejected. Deviations from and additions to these terms and conditions shall only be applicable if and to the extent that they have expressly been accepted by 98Fahren in writing.
  3. Should 98Fahren have permitted deviations from the present general terms and conditions for a short or a longer period of time, whether or not implicitly, then this shall not affect its right to demand direct and strict compliance with these terms and conditions as yet. The Buyer cannot derive any rights from the manner in which 98Fahren applies the present terms and conditions.
  4. The present terms and conditions are equally applicable to all Agreements concluded with 98Fahren for the implementation of which third parties must be relied on. Said third parties can invoke the present terms and conditions directly against the Buyer, including any exclusions of liability.
  5. Should one or more provisions of the present terms and conditions or of any other Agreement concluded with 98Fahren be in breach of a mandatory statutory provision or any applicable legal provision then the relevant provision shall expire and shall be replaced by a new, legally permissible and comparable provision to be established by 98Fahren

ARTICLE 3. PROPOSALS AND OFFERS

  1. Any and all proposals and offers of 98Fahren are revocable and are made subject to contract, unless indicated otherwise in writing.
  2. The content of the delivery shall exclusively be determined by the description of the delivery specified in the proposal. If the acceptance deviates (on subordinate points) from the proposal included in the offer then 98Fahren shall not be bound by the same. The Agreement shall in that case not be concluded in accordance with said deviating acceptance, unless 98Fahren indicates otherwise.
  3. Clear errors or clerical errors in the proposal of 98Fahren, e.g. on its Website or price lists, shall not bind 98Fahren.

ARTICLE 4. CONCLUSION OF THE AGREEMENT

  1. Barring the provisions set forth below an Agreement with 98Fahren shall only be concluded after 98Fahren has accepted respectively confirmed an Order in writing. The Order confirmation is deemed to correctly and completely represent the Agreement, unless the Buyer immediately objects to the same in writing.
  2. As far as Orders placed on the Website of 98Fahren are concerned, contrary to the provisions of paragraph 1 of this article, the Agreement will have been concluded at the time the Buyer has successfully gone through all steps of the online ordering process. 98Fahren will confirm the Order to the Buyer in writing.
  3. Any additional arrangements or changes made at a later time will only bind 98Fahren if these are confirmed by 98Fahren in writing within five days.