terms and conditions
This website is run by FAULAHBER PRODUCTS (Owner: Melanie Faulhaber) the following conditions regulate the sale of products featured by FAULHABER PRODUCTS in the official online shop (https:www.faulhaber-products.com/shop) and offline.
All offers, purchase agreements, deliveries and services related to orders placed by our customers through our online shop and as well business relationships between FAULHABER PRODUCTS, owner Melanie Faulhaber, Samariterstraße 23, 10247 Berlin – hereinafter referred to as vendor – and the customer, wholesaler, collaborator – 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.
2. Details of the contract
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 or print can be different than the original product. This will depend on the settings of computers and printers. We will do our best to show the right colors in our online store and lookbooks, but we are free of responsibility of your personal color settings.
Similarly, the vendor makes every effort to ensure that the information 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 or showroom 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 or pre-order items 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 bag”.
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 discount 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: 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 vendor´s online shop, the customer/ buyer makes a binding offer to purchase the product in question. The vendor has until the third business day (48 hours) after the offer to purchase is received to accept or reject said offer.
The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end users.
A general offline order of the goods comprises the following steps:
a) Selection of the desired goods or pre-order items by naming in written form.
b) Selection of the desired size, material or color in written form.
c) Transfer of buyer´s personal data to processes.
d) Shipping details are provided in invoice or via direct contract from vendor. Buyer´s examination of the shipping after order is accepted but needs a direct replacement with a buyer´s self organized shipping.
e) Payment details of order are provided in invoice or contract from vendor are binding. These conditions are not changeable after a processing time of 48 hours after confirmation of the order.
f) Buyer´s signature on offer or invoice is binding and a confirmation of acknowledgement of the general terms and conditions, the right of withdrawal of the vendor is accepted. Legally binding submission of the order implying an obligation to pay.
By placing a general order the customer/ buyer makes a binding offer to purchase the product in question. The vendor has until the third business day (48 hours) after the offer to purchase is received to accept or reject said offer.
2.1. Conclusion of the contract
When the buyer places an order with the vendor, the consumer receives a confirmation of the order via e-mail or in written. 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.
For purposes of these general terms and conditions, 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 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).
An effective sales contract between the buyer and the vendor only materializes when the buyer receives from the vendor the confirmation of the order. Does the buyer not receive any other note, e-mail or message within a processing time of 48 hours (business days), the ordered goods are in stock, except of pre-order items (2.1), and available for delivery.
If the ordered goods cannot be delivered on time, the vendor informs the buyer of this within three business days (64 hours) after the confirmation of order. In this case, 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.
2.2. Conclusion of the contract in case of “pre-order” goods
Pre-order goods are products made on demand/ made on request/ made to order. These products will have an individual delivery time, that the vendor inserts in the product description/ lookbook/ contract. The individual delivery date can be specified in the order confirmation or by separate E-mail or in written form. The “pre-order” products can be shown offline and online. The presentation of the “pre-order” 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 “pre-order” goods displayed in the online shop of the vendor.
2.2.1 Specification of “pre-order” goods
a) Made on demand products are not on stock and being processed on demand. The product range of “made on demand” goods is aimed at wholesale, but not at end users. The delivery date verifies from product group to product group and can occure call diverse delivery dates, depending of the consumption of “made on demand” goods. If the buyer orders one or more items of “pre-order” status with different delivery dates the nearby date to order confirmation is obsolete. The items will be packed and shipped together as tight as possible, to avoid extreme shipping fees and lower the CO2 foot print.
b) Made on request products are not on stock and being crafted exclusively on buyer´s request. Hence these products have an individual delivery date, that is set individually and due to the requested requirements.
An effective sales contract of “made on request” products between the buyer and the vendor only materializes when the buyer receives from the vendor signed the offer after detailed bespoken style analysis. Buyer´s signature on offer or invoice is binding and a confirmation of acknowledgement of the general terms and conditions, the right of withdrawal of the vendor is not accepted. Legally binding submission of the order implying an obligation to pre payment.
c) Made to order products are not on stock and being processed after placing an order. The products have an individual delivery date up to 4 weeks after confirmation. The delivery date verifies from “made to order” product to other “made to order” product. More over the processing time can expand due to season or increased demand. The buyer will be provided with this info before vendor´s confirmation. If the buyer orders one or more items of pre-order status with different delivery dates the nearby date to order confirmation is obsolete. The items will be shipped together, if the buyer does not order an extra shipping.
By placing an order in the vendor´s online shop, the customer/ buyer makes a binding offer to purchase the “made to order” product in question. The vendor has until the third business day (48 hours) after the offer to purchase is received to accept or reject said offer.
The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end users. Legally binding submission of the order implying an obligation to direct payment after confirmation. The right of withdrawal is accepted within 5 days without statement of reasons.
The vendor has a strict return policy on “made to order” goods. FAULHABER PRODUCTS exchanges products in accordance with the return and exchange policy. Returns which are compliance with the conditions and timeframes will be rejected. Please note that “made to order” products are made especially for the buyer´s purchase and can not be returned, but exchanged into other sizes.
3. 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 stock goods before the end of this period – also by returning the stock goods. The right of withdrawal for “pre-order” products is partly not accepted, due to the way of processing. 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):
FAULHABER PRODUCTS – Melanie Faulhaber
10247 Berlin, Germany
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.
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 (§ 312d (4) no. 1 BGB). The exclusion of the right of revocation includes all “pre-order” products.
4. Storage of the contract text
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 retail prices include statutory VAT, but do not include shipping costs. Customers are responsible for paying any applicable duties or other charges.
Our wholesale prices exclude statutory VAT and 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 several options (e.g. PayPal, credit cards, invoice). Any other means of payment are only possible after an express agreement with the vendor in written form.
The purchase price is payable immediately upon conclusion of the contract.
6. Delivery / Shipping costs
All orders, excluding “pre-order” products, take approximately 24 to 48 hours after full payment to be processed. All wholesale orders set within order window, will be processed after full payment (downpayment to be directly deposited within 10 working days from order confirmation. Total balance to be completed before delivery. Wiring instructions to be forwarded by Email. Standard terms of delivery: EXW Berlin). The buyer will be notified via confirmation email and supplied with a tracking number or tracking link, so you can check the status of the order. The vendor aims 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. FAULHABER PRODUCTS is not responsible for delays caused by customs clearance.
Shipping of the ordered goods is performed by the vendor via DHL go green. Wholesale orders can be shipped by buyer´s preferred shipping services. 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 written form 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 buyer´s 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.
8. Reservation of proprietary rights
The goods remain the property of the vendor until the payment is made in full.
9. Set off / withhold
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.
10. Warranty rights / Costs for returning goods of withdrawal
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.
11. Data protection
The vendor uses the customer’s data in accordance with his data privacy statement.
The contract language is German or English.
13. Applicable Law
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.
14. Severability clause
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, June 2020