Terms and Conditions
General terms and conditions and customer information
Ernst Faber GmbH operates under www.faber-fashion.de an online shop for private customers.
You are in the online shop for private customers.
The online shop is exclusively aimed at customers who have their habitual residence, a delivery address and a billing address in Germany and are consumers within the meaning of the legal regulations (§ 13 BGB). d.h. natural persons who conclude a legal transaction for a purpose that cannot be attributed to either commercial or independent professional activity.
The online shop is not intended for minors.
- Scope, visualization
(1) The following terms and conditions apply to all contracts that we conclude with consumers in connection with our online shop.
(2) You can save or print these Terms and Conditions at any time by clicking the "Save and Print" link at the bottom of this page.
(3) Furthermore, we will provide you with the General Terms and Conditions in text form when we send you the order confirmation by email.
- Conclusion of contract
(1) The presentation of the product 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 agreement. Please note that the actual items may differ slightly from their appearance 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 submitting an order, the order details, including customer data, are summarized on an overview page. There, you can delete or correct all order details using the provided fields. By clicking the "Place Order" button, you submit your order. d.hYou are submitting a binding offer to us for the conclusion of a purchase agreement. We will simultaneously upload the detailed order confirmation to your customer account.
(3) A purchase agreement is only concluded when we have sent you a separate acceptance declaration by email ("order confirmation") or a shipping confirmation for the goods you ordered. No agreement is concluded for ordered items that are not listed in the order confirmation or the shipping notification. This may 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 the
Ernst Faber GmbH
Isaar 54
95183 Töpen
Germany
Phone: +49 9295 9151-15
Fax: +49 (0) 9295/9151-28
E-mail: service@faberknitwear.de
Internet: www.faberknitwear.de
Represented by the managing directors: Markus Faber, Walter Faber
Company headquarters
Local Court: Hof HRB 3257 VATID.Nr.: DE 216 252 622
(5) The order confirmation is conditional insofar as the purchase agreement and the obligation to deliver become void (condition subsequent) if payment is not received by us by the payment deadline specified in clause 5 (3). Late payments constitute a further offer to conclude the contract and may be accepted by us as described in clause 2 (3). If no acceptance is made, the amount will be refunded immediately and the order will be void.
(6) The language of the contract is German.
(7) Since order processing is carried out by 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 third parties commissioned by us to process the order are delivered to that email address – even if the customer uses spam filters – and that unauthorized persons cannot gain access to the data in the emails we send to you.
- Provision and storage of customer data, contract text, personal customer account, data security
(1) Your order and the order details you have entered will be processed by us in accordance with our Privacy Policy under www.faber-fashion.de saved.
(2) You can save and/or print the contents of your order immediately after submitting the order.
(3) As part of your order, you can either shop via guest access or create a customer account.
(4) When you create a customer account, your order and the order details you entered will be saved in your personal customer account. Using your login details, which you choose yourself during initial registration and which we will confirm to you by email, you can access your customer account at any time and print out the order with all the entered data.
(5) You confirm that all information you provide when placing an order or registering in the online shop (e.g., name, address, email address, bank details, etc.) is true and correct. You must notify us immediately of any changes.
(6) To protect your personal data, please remember to log out properly using the provided “log-out” button when leaving the webshop.
- Prices, shipping costs
(1) The prices shown in our online shop are in euros and include VAT.
(2) Shipping costs are borne by the customer. An overview of the shipping options and the associated shipping costs can be found at the following link. "Payment and Shipping Terms"The shipping costs are also displayed to the customer on the overview page before the order is submitted.
(3) The delivery period stated in the product description refers to the day of dispatch after receipt of payment.
- Payment terms
(1) Payment for orders in the online shop can only be made by prepayment (PayPal or bank transfer).
(2) The goods will be dispatched 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 be invalid (paragraph 2 (5) above).
Please note that the transfer process usually takes 1 to 4 days.
- Delivery time, shipping
(1) We are entitled to make partial deliveries at our own expense to a reasonable extent.
(2) Shipping is via DHL and GLS standard shipping.
(3) If no delivery address is specified when placing the order, the ordered items will be sent to the postal address of the customer.
(4) The goods will be dispatched immediately after your payment has been credited to our account, d.hYour order will be shipped within the delivery period specified in the product description. Delivery within Germany takes 3-5 business days from receipt of payment.
(5) Disruptions beyond our control, either at our premises or at any companies we may have engaged (z.BDelivery may be delayed due to factors such as the parcel service or logistics company handling the order, as well as force majeure. We will inform you immediately of any such delays as soon as we become aware of them. We will provide you with a new delivery date that is reasonable under the circumstances. If the goods are unavailable after this date due to circumstances beyond our control, we may withdraw from the contract in whole or in part. If, as a result of the delays, acceptance of the items is unreasonable for you, you may withdraw from the contract. In this respect, we request that you notify us, at least in writing (z.B(email). Any payment made for the item will be refunded immediately. Your other statutory 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.
To exercise your right of withdrawal, you must inform us
Ernst Faber GmbH
Isaar 54
95183 Töpen
service@faberknitwear.de
Fax: +49 (0) 9295/9151-28
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
We will bear the costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Download the cancellation form
- Liability for errors
(1) In the event of a defect (material defect) in the purchased item, the statutory provisions generally apply. This means that the customer can primarily demand subsequent performance, i.e., at their option, either replacement delivery or rectification of the defect. If the other statutory requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. Claims for damages due to a material defect in the goods are subject – in addition to the statutory requirements – to the conditions specified in Section 9.
(2) Usual or unavoidable material-related deviations in quality, color, size, workmanship, 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 do not normally provide guarantees regarding the quality of the items. A guarantee for the items we supply only exists if this guarantee is expressly stated in the order confirmation for the respective item.
(4) All claims for defects shall expire two years after delivery.
- Liability for damages
The following exclusions and limitations of liability apply to our liability for damages, without prejudice to other legal requirements for claims.
(1) We are liable if we are guilty of intent or gross negligence. For simple negligence, we are only liable for breaches of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligations). Otherwise, any liability for damages of any kind, regardless of the legal basis, including liability for negligence in the formation of the contract, is excluded.
(2) If we are liable for simple negligence pursuant to paragraph 1, our liability shall be limited to the damage which we could typically expect to arise based on the circumstances known at the time of conclusion of the contract.
(3) The foregoing exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages which are to be compensated under the Product Liability Act, nor for damages to life, body or health, nor for statutory claims.
(4) The foregoing exclusions and limitations of liability also apply in favor of our employees, agents and other third parties whom we use to perform the contract.
- Data protection
We respect your privacy. You can find our privacy policy here. here.
- Applicable law
The law of the Federal Republic of Germany applies.
- Final Provisions
(1) Should individual provisions of these General Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision. This shall apply mutatis mutandis to filling any gaps in these General Terms and Conditions.
(2) The contract shall be concluded in German, even if these General Terms and Conditions are also offered in other languages besides the German version.
- Provider identification, address for service of process
Our address for complaints and other declarations of intent, as well as our address for service of process, is:
Ernst Faber GmbH
Isaar 54
95183 Töpen
Germany
Legal representation by the managing directors:
Markus Faber, Walter Faber
- Out-of-court online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR platform), which can be found at www.ec.europa.eu/consumers/odr [external link] is accessible. You can find our email address in our legal notice. We are neither obligated nor willing to participate in the dispute resolution process.