The following conditions regulate the sale of products featured on this site by the company:
Faulhaber ProductsOwner: Melanie FaulhaberSamariterstraße 2310247 Berlin, Germany
Phone: +49 (0)178 2943589
All offers, purchase agreements, deliveries and services related to orders placed by our customers through our online shop and das well business relationships between FAULHABER, owner Melanie Faulhaber, Samariterstraße 23, 10247 Berlin – hereinafter referred to as vendor – and the customer – hereinafter referred to as buyer – are subject to these general terms and conditions, in the version which has been valid at the time of placing the order by the buyer. Any deviating terms and conditions of the buyer do not apply, unless the vendor has expressly agreed to their validity in writing.
Each product on the site features the following details:
- name of the product,
- photo of the product,
- description of the product,
- available color(s)*,
*The colors on your screen can be different than the original product. This will depend on the settings of your computer. We will do our best to show the right colors in our online store.
Similarly, the vendor makes every effort to ensure that the informative on the website is complete, accurate and correct. In the event of any error, the vendor will proceed to correct it immediately.
The presentation of the goods in the online shop of the vendor does not constitute a binding offer for the conclusion of a contract. It rather constitutes a non-binding invitation to the buyer to submit an offer to buy to the vendor. An offer to buy is submitted by the buyer to the vendor by an order of the goods displayed in the online shop of the vendor.
An order of the goods presented in the online shop comprises the following steps:a) Selection of the desired goods by clicking on the respective product.b) Selection of the desired size or color by selecting a size or clicking on the button “Color” (insofar as varying colors or sizes are available and being offered).c) Adding the goods to the cart by clicking the button “Add to Cart”.d) Examination of the chosen goods and sizes in the cart by clicking the shopping trolley icon on the right side to view your order and make sure it is correct before proceeding to the checkout page. Shipping and dicount codes are added at checkout.e) Transfer to the shipping and payment process with confirmation of acknowledgement of the general terms and conditions, the right of withdrawal and the data protection policy of the vendor and by clicking the button “Checkout”.f) Checkout is opening in a new tab. Entry of the shipping and payment details and confirmation of these by selection of payment method and finally clicking the button “Proceed” or “Pay”.g) Examination of the shipping and payment details and the order.h) Legally binding submission of the order implying an obligation to pay.
By placing an order in the vendors online shop, the customer/ buyer makes a binding offer to purchase the product in question. We have until the third business day after the offer to purchase is received to accept or reject said offer.
The buyer can correct input errors at any time and at the latest before sending off the binding order by clicking on the “Back” button of the internet browser in order to get back to the page where the details of the buyer were given and can be corrected. The buyer can cancel the order process at any time by shutting down the internet browser.
When the buyer places an order with the vendor, the consumer immediately receives a confirmation of the order via e-mail. The confirmation of the order does not constitute an acceptance by the vendor of the offer to buy, but a notification to the buyer, which confirms the receipt and the precise scope of the order to the buyer.An effective sales contract between the buyer and the vendor only materializes when the buyer receives from the vendor – in addition to the confirmation of the order – a further contract note via e-mail. The buyer receives a contract note within a processing time of 48 hours after confirmation of the order, if the ordered goods are in stock and available for delivery. If the ordered goods cannot be delivered on time or at all, the vendor informs the buyer of this within three business days after the confirmation of order. If the ordered goods cannot be delivered on time, the buyer may choose to wait for the ordered goods or decide to cancel the order. If the goods cannot be delivered at all, the vendor rescind from an order confirmation. A contract does not materialize in this case. Payments already rendered by the buyer will be reimbursed immediately.
The products offered in our online shop are intended for consumers and entrepreneurs, but only if they themselves are the end-users of our products. For purposes of these general terms and conditions, (i) consumers are any natural persons who enter into a transaction for purposes which can be attributed primarily to neither their commercial nor freelance professional activities (§13 of the German Civil Code – BGB) and (ii) an entrepreneur means any natural person, legal entity, or legal partnership entering into a contract as part of their commercial or freelance professional activities (§14(1) BGB).
Information concerning right of withdrawal:Right of withdrawal:The buyer can revoke the contractual agreement in writing (e.g. letter, e-mail) within 14 days without statement of reasons or – if the customer receives the goods before the end of this period – also by returning the goods. The period begins upon receipt of this notification in writing, but not before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first partial delivery) and also not before fulfillment of the vendor’s duties of information pursuant to Art. 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code (“EGBGB”) as well as the vendor’s duties according to § 312g (1) sentence 1 of the BGB in conjunction with Art. 246 § 3 EGBGB. The cancellation period is observed by timely sending the withdrawal notice or dispatching the goods.
The notice of withdrawal must be sent to (address as required for a summons):
FAULHABEROwner: Melanie FaulhaberSamariterstraße 2310247 BerlinGermanyEmail: email@example.com
Consequences of revocation:In the case of an effective revocation, the mutually received benefits and, if applicable, derived profits (e.g. interest) are to be returned. If the buyer is not able to return services received (e.g. benefits from usage) in whole or in part or only returns them in a deteriorated condition to the vendor, the buyer shall be obliged to make good the loss in value to the vendor in this respect. For the deterioration of the good and for derived profits, the buyer is only required to make good the loss in value, if the usage or the deterioration is due to a handling of the good which exceeded the checking of properties and functions. “Checking of properties and functions” is understood to mean the testing and trying out of the individual good in a way which would be possible and usual in a store. Goods suitable for shipping via parcel post shall be sent back at the risk and expenses of the buyer. The buyer has to bear the regular costs of reconsignment, if the delivered goods correspond to the ordered goods. Obligations to reimburse payments must be discharged within 30 days. The period shall begin for the buyer when he sends his statement of revocation or the goods; for the vendor it shall begin with its receipt.
Special information:Legal exclusion of the right of revocation:The right of revocation, unless otherwise provided, does not exist in the case of – an order of goods, which are made according to specifications of the customer or clearly are tailored to the personal needs or which are not suitable for a return due to their condition or are easily perishable or whose expiration date would be exceeded (§ 312d (4) no. 1 BGB), – for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the user (§ 312d (4) no. 2 BGB), – delivery of newspapers, journals and magazines (unless the user has made his contractual statement for the delivery of newspapers, journals and magazines over the telephone) (§ 312d (4) no. 3 BGB).
The vendor stores the order of the buyer with the order data provided by the buyer/consumer. Additionally, the vendor stores the contract note with the general terms and conditions included in the contract. The buyer can save and print the order and contract confirmation sent to him by the vendor via e-mail. The buyer can click on, save and print the general terms and conditions during or immediately after the order process.
Our prices include statutory VAT, but do not include shipping costs. Customers are responsible for paying any applicable duties or other charges.
We only accept those payment methods displayed to customers as they place their order.
The buyer can pay for the order by PayPal or credit cards. Any other means of payment are only possible after an express agreement with the vendor in writing.
The purchase price is payable immediately upon conclusion of the contract.
All orders take approximately 24 to 48 hours after full payment to be processed. When finalised you will be notified via confirmation email and supplied with a tracking number or tracking link, so you can check the status of your order. We aim to dispatch all orders to Germany within 2 business days, although there may be a slight delay during exceptionally busy periods such as christmas. Estimated delivery times should be used as a guide only and commence from the day of dispatch. Melanie Faulhaber is not responsible for delays caused by customs clearance.
Shipping of the ordered goods is performed by the vendor via GLS, DPD or DHL. The delivery of the goods will take place to the delivery address provided by the buyer.
After order confirmation the delivery takes place:
to addresses in Germany within 1–4 days,to addresses in other European states within 2 – 7 days,to all other addresses within 4 – 10 days.
The delivery timeframes are merely indicative guidelines provided by the deliverer and do not constitute binding delivery dates.The vendor does not guarantee a delivery to every destination.
For deliveries to countries other than Germany, further import costs may apply when a third country is involved (customs duties, import taxes and import turnover tax). These additional costs – which the buyer can enquire at the responsible customs office – shall be borne by the buyer.
The goods ordered by the buyer are insured up to a value of 500€ by the vendor´s courier.An insurance of the ordered goods exceeding the amount of 500€ by the vendor or shipment with another deliverer another means of shipment will only be possible after an individual agreement in writing with the vendor.
All prices quoted in the online shop of the vendor include the statutory value added tax (VAT) at the current rates and excluding shipping costs. Shipping costs will be added to the buyers order and depend on the buyers destination country. After placing an order, an automatically generated confirmation email will be send with the total costs, including shipping.
The goods remain the property of the vendor until the payment is made in full.
The purchaser is entitled to offset only insofar as the purchaser’s claim is undisputed, disputed but ready for decision or assessed in a legally binding judgment. The customer shall be entitled to enforce a right of retention only against counter-claims under the same contract.
The statutory warranty rights shall be valid. The buyer has to bear the regular costs of reconsignment, if the delivered goods correspond to the ordered goods.
The vendor uses the customer’s data in accordance with his data privacy statement.
The contract language is German or English.
The contractual relationship between the vendor and the buyer shall be governed by the law of the German Federal Republic to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. Excluded from the choice of law are the strict stipulations of the customer protection law of the country, where the customer has his habitual residence. Place of jurisdiction for all disputes arising from the contractual relationship between the vendor and the buyer is the seat of the vendor, in as far as the buyer is a merchant, a legal person under public law or special fund under public law.
Should one or more of these general terms and conditions be or become invalid, this does not affect the validity of the remaining provisions of the general terms and conditions.
Berlin, November 2017
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