General terms and conditions
General Terms and Conditions and Customer Information
Ernst Faber GmbH operates an online shop at www.faber-fashion.de for private customers and an online shop at www.b2b.faber-fashion.de for dealers.
You are in the online shop for dealers.
The online shop is aimed exclusively at customers who have their usual place of residence, a delivery address and an invoice address in Germany and are consumers within the meaning of the statutory provisions (§ 13 BGB), i.e. natural persons who conclude a legal transaction for a purpose that can neither be attributed to commercial nor 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 within the framework of our online shop.
(2) You may 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 make the General Terms and Conditions available to you in text form with the transmission of 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 his own offer to conclude a purchase contract. We point out that the articles can deviate from the representation in the online shop insignificantly.
(2) By clicking the button "Add to basket" you can put the selected article into the virtual shopping cart. This process is not binding and does not constitute an order. Before an order is placed, the content of the order including the customer data is summarised on an overview page. There you can delete or correct all order data using the change fields provided. By clicking on the field "Order payable", you place your order, i.e. submit a binding offer to us to conclude a purchase contract. The detailed order confirmation will be placed in your customer account at the same time.
(3) A purchase contract is only concluded when we have sent you a separate declaration of acceptance by e-mail ("order confirmation") or a dispatch confirmation of the goods ordered by you. No contract will be concluded for ordered items that are not listed in the order confirmation or the shipping notice. 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
Ernst Faber GmbH
Phone: +49 9295 9151-15
Fax: +49 (0) 9295/9151-28
represented by the managing directors: Markus Faber, Walter Faber
Registered office of the company
Local court: Hof HRB 3257 VAT ID No.: DE 216 252 622
(5) The order confirmation is conditional to the extent that the purchase contract and the obligation to deliver are cancelled (condition subsequent) if payment is not received by us in due time 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 section 2 (3). If there is no acceptance, the amount will be refunded immediately and the order is irrelevant.
(6) The contract language is German.
(7) Since order processing is usually automated and carried out by e-mail, you are responsible for ensuring that the e-mail address you provide is correct and that e-mails from the seller and third parties commissioned by us to carry out the order are sent to the e-mail address of the seller - even if SPAM filters are used by the customer - and that unauthorised persons cannot access the data in our e-mails sent to you.
- Specification and storage of customer data, contract text, personal customer account, data security
(2) You can save and/or print the contents of your order immediately after sending the order.
(3) Within the scope of your order, you can either purchase via a guest account or create a customer account.
(4) If you create a customer account, your order and the order data entered by you will then be stored in your personal customer account. You have access to your customer account at any time via your login data, which you determine yourself when you register for the first time and which we confirm to you by email, and you have the option of printing out the order with all the data entered.
(5) You warrant that all information provided by you when ordering or registering in the online shop (e.g. name, address, e-mail address, bank details, etc.) are true. We must be notified of any changes without delay.
(6) To protect your personal data when leaving the webshop, please remember to log out properly using the "log-out" button provided.
- Prices, shipping costs
(1) The prices quoted in our online shop are in euros and include statutory value-added tax.
(2) Shipping is at the expense of the customer. An overview of the shipping options and the shipping costs thereby incurred can be found under the link "Terms of Payment and Shipping". The shipping costs are also displayed to the customer on the overview page before the order is placed.
(3) The delivery period stated in the product description refers to the day of dispatch after receipt of payment.
- terms of payment
(1) The payment for orders in the online shop can only be made in advance (PayPal or bank transfer).
(2) The dispatch of the goods takes place after receipt of payment.
(3) Payment of the purchase price shall be 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 shall become ineffective (previous item 2 (5)).
We point out that the transfer process usually takes 1 to 4 days.
- Delivery time, Shipping
(1) We shall be entitled to make partial deliveries at our expense to a reasonable extent.
(2) Shipment shall be effected by DHL and GLS standard shipment.
(3) If no delivery address is stated in the order, the ordered items will be shipped to the postal address of the customer.
(4) The goods will be dispatched to you immediately after your payment has been credited to our account, i.e. within the delivery period stated in the product description. The delivery time within Germany is 3-5 working days from receipt of payment.
(5) Disturbances at our premises or at any companies commissioned by us for which we are not responsible (e.g. parcel service or logistics company for processing the contract) as well as force majeure may delay delivery. We will inform you immediately of such delays in delivery as soon as they become known to us. We will inform you of a new delivery period which is reasonable according to the respective circumstances. If the goods are not available after their expiry due to circumstances for which we are not responsible, we may withdraw from the contract in whole or in part. If the acceptance of the articles is unreasonable for you as a result of the delays, you can withdraw from the contract. In this respect we ask you to inform us at least in text form (e.g. email). Any payment made for the item will be refunded immediately. Your possible further legal rights remain unaffected in any case.
- Legal right of revocation for consumers, consequences of revocation
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
In order to exercise your right of revocation, you must
Ernst Faber GmbH
Fax: +49 (0) 9295/9151-28
inform them by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of its decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
We bear the costs of returning the goods.
They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
- Liability for errors
(1) In the event of a defect (material defect) in the purchased item, the statutory provisions shall apply as a matter of principle. This means that the customer can first and foremost demand subsequent performance, i.e. at his discretion subsequent delivery or removal of the defect. If the further 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 of the goods - in addition to the legal prerequisites - the prerequisites stated in § 9 shall apply.
(2) Usual or unavoidable material-related deviations in quality, colour, size, execution and design are generally irrelevant. Warranty claims do not usually arise in this respect. However, you are at liberty to prove that such deviations are substantial.
(3) We usually do not give guarantees for the quality of the articles. A guarantee regarding the articles supplied by us exists only if this guarantee was expressly given in the order confirmation for the respective article.
(4) All warranty claims shall become statute-barred two years after delivery.
- liability for damages
The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory prerequisites for claims.
(1) We shall be liable if we are guilty of intent or gross negligence. In the event of simple negligence, we shall only be liable in the event of breach of an obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). In all other respects, any liability for damages of any kind, regardless of the basis of claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as we are liable pursuant to paragraph 1 for simple negligence, our liability shall be limited to the damage which we typically had to expect to occur under 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 to be compensated under the Product Liability Act, nor for damages to life, body or health, nor for statutory claims.
(4) The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whom we employ for the performance of the contract.
- Data protection
- Applicable law
The law of the Federal Republic of Germany shall apply.
- 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. Instead of the invalid provision, the relevant statutory provisions shall apply. This applies accordingly to the filling of any loopholes in these General Terms and Conditions.
(2) The contract shall be concluded in the German language, even if these General Terms and Conditions are offered in other languages in addition to the version in the German language.
- Provider identification, summonable address
Our address for complaints and other declarations of intent as well as our summonable address is as follows:
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 the out-of-court settlement of disputes online (ODR platform), which can be called up at www.ec.europa.eu/consumers/odr [external link]. You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.