General terms and conditions and customer information
Ernst Faber GmbH operates at www. faber fashion. de an online shop for private customers.
You are in the online shop for private customers.
The online shop is aimed exclusively at customers who have their habitual residence, a delivery address and a billing address in Germany and are consumers within the meaning of the statutory provisions (§ 13 BGB), i. H natural persons who conclude a legal transaction for a purpose that cannot be attributed to either commercial or self-employed professional activity.
The online shop is not aimed at minors.
- scope, visualization
(1) The following terms and conditions apply to all contracts that we conclude with consumers in our online shop.
(2) You can save or print these General Terms and Conditions at any time by clicking the "Save and Print" link at the bottom of this page. express.
(3) We will also provide you with the General Terms and Conditions in text form when you send the order confirmation by email.
- Conclusion of contract
(1) The presentation of the range in the online shop does not constitute a legally binding offer, but rather an invitation to the customer to submit their own offer to conclude a purchase contract. We would like to point out that the articles may differ slightly from the presentation in the online shop.
(2) By clicking the "Add to cart" button, you can place the selected item in the virtual shopping cart. This process is non-binding and does not constitute an order. Before placing an order, the content of the order including the customer data is summarized on an overview page. There you can delete or correct all order data using the change fields provided. By clicking on the field "Order with obligation to pay" you place your order, i. H a binding offer to us to conclude a purchase contract. At the same time, we will place the detailed order confirmation in your customer account.
(3) A purchase contract is only concluded when we have sent you a separate declaration of acceptance by email ("order confirmation") or a shipping confirmation for the goods you have ordered. About ordered items that are not in the order confirmation or are listed in the shipping notification, no contract is formed. This can also apply to items that are offered in the online shop but are no longer available when the order is processed.
(4) The contract is concluded with
Ernst Faber GmbH
Phone: +49 9295 9151-15
Fax: +49 (0) 9295/9151-28
Email: service@faberknitwear. de
Internet: www. faberknitwear. de
represented by the managing directors: Markus Faber, Walter Faber
Headquarters of the company
District court: Hof HRB 3257 sales tax ID. No. : DE 216 252 622
(5) The order confirmation is conditional to the extent that the purchase contract and the obligation to deliver do not apply (condition subsequent) if the payment is not received by us by the end of the payment period specified in Section 5 (3). Late payments are a further offer to conclude the contract and can be accepted by us as described in clause 2 (3). If there is no acceptance, the amount will be refunded immediately and the order will be void.
(6) The contract language is German.
(7) Since the order processing takes place via email and is usually automated, you are responsible for ensuring that the email address you provide is correct and that emails from the seller and from us with the execution of the order are sent to the email address commissioned third parties - even if SPAM filters are used by the customer - and unauthorized persons cannot access the data of our emails sent to you.
- Specification and storage of customer data, the text of the contract, personal customer account, data security
(2) You can save and/or print out the content of your order immediately after sending the order.
(3) As part of your order, you can either shop via guest access or create a customer account.
(4) If you create a customer account, your order and the order data you have entered will then be saved in your personal customer account. You have access to your customer account at any time via your login data, which you determine yourself when registering for the first time and which we will confirm to you by email, and you have the option of printing out the order with all the data entered.
(5) You represent that all of you when ordering or Information provided during registration in the online shop (e.g. B Name, address, e-mail address, bank details etc. ) are truthful. Changes are to be communicated to us without delay.
(6) To protect your personal data, please remember when you leave the webshop that you log out properly using the "log-out" button provided.
- prices, shipping costs
(1) The prices given in our online shop are in euros and include statutory sales tax.
(2) Shipping is at the customer's expense. An overview of the shipping options and the resulting shipping costs can be found under the link "Payment and shipping conditions". The shipping costs are also displayed to the customer on the overview page before the order is placed.
(3) The delivery time specified in the product description refers to the day of dispatch after receipt of payment.
- Terms of payment
(1) Payment for orders in the online shop can only be made in advance (PayPal or bank transfer).
(2) The goods will be shipped after receipt of payment.
(3) Payment of the purchase price is due upon conclusion of the contract (receipt of the order confirmation); payment must be received by us within 7 working days of the due date, otherwise the purchase contract will become invalid (section 2 (5) above).
We would like to point out that the transfer process usually takes 1 to 4 days.
- delivery time, shipping
(1) We are entitled to make partial deliveries to a reasonable extent at our expense.
(2) Shipping is via DHL and GLS standard shipping.
(3) If no delivery address is specified in the order, the items ordered will be sent to the postal address of the customer.
(4) The goods will be sent to our account immediately after your payment has been credited, i. H sent to you within the delivery period stated in the product description. The delivery time within Germany is 3-5 working days from receipt of payment.
(5) Disruptions for which we are not responsible or at any company commissioned by us (e.g. B Parcel service or logistics company to process the contract) and force majeure may delay delivery. We will inform you about such delays in delivery as soon as we become aware of them. We will give you a new delivery period that is reasonable under the circumstances. If the goods are not available after this due to circumstances for which we are not responsible, we can withdraw from the contract in whole or in part. If, as a result of the delay, it is unreasonable for you to accept the items, you can withdraw from the contract. In this respect, we ask that you notify us at least in text form (e.g. B E-mail). Any payment made for the item will be refunded immediately. Your possible further legal rights remain unaffected in any case.
- Statutory right of withdrawal for consumers, consequences of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or has.
To exercise your right of withdrawal, you must
Ernst Faber GmbH
Fax: +49 (0) 9295/9151-28
by means of a clear explanation (e.g. B a letter sent by post, fax or e-mail) of their decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a different type of delivery than that offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods or hand them over to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Liability for errors
(1) In the event of a fault (material defect) in the purchased item, the statutory provisions apply. This means that the customer primarily requires supplementary performance, i. H can demand subsequent delivery or remedy of defects at its own discretion. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a material defect in the goods, the requirements specified in § 9 apply in addition to the statutory requirements.
(2) Usual or unavoidable material-related deviations in quality, colour, size, design and design are generally insignificant. Warranty claims do not usually arise in this respect. However, you are free to prove that such deviations are significant.
(3) We usually do not give any guarantees for the quality of the items. A guarantee regarding the items delivered by us only exists if this guarantee was expressly given in the order confirmation for the respective item.
(4) All claims for defects become statute-barred two years after delivery.
- liability for damages
The following exclusions and limitations of liability apply to our liability for damages, notwithstanding the other statutory entitlement requirements.
(1) We are liable if we are guilty of intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). Furthermore, liability for damages for damages of all kinds, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as we are liable for simple negligence in accordance with paragraph 1, our liability is limited to the damage that we typically had to reckon with based on the circumstances known at the time the contract was concluded.
(3) The above exclusions and limitations of liability do not apply if we have assumed a guarantee for the quality of the goods, nor for damage to be compensated for under the Product Liability Act, nor for damage to life, limb or health, nor for statutory Expectations.
(4) The above exclusions and limitations of liability also apply to our employees, vicarious agents and other third parties we use to fulfill the contract.
- Applicable law
The law of the Federal Republic of Germany applies.
- Final Provisions
(1) Should individual provisions of these General Terms and Conditions be ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, the relevant statutory provisions apply. This applies accordingly to the filling of any loopholes in these General Terms and Conditions.
(2) The contract is concluded in German, even if these GTC are also offered in other languages in addition to the German version.
- Provider identification, summonable address
Our address for complaints and other declarations of intent as well as our summons address is:
Ernst Faber GmbH
Legal representation by the managing directors:
Markus Faber, Walter Faber
- Out-of-court online dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be found at www. etc Europe. eu/consumers/odr [external link]. Our e-mail address can be found in our imprint. We are neither obliged nor willing to participate in the dispute resolution process.