General Terms and Conditions

General Terms and Conditions

Fakir Hausgeräte GmbH

Industriestr. 6

71665 Vaihingen/Enz

– hereinafter referred to as the Provider –

Section 1 Scope of Application

(1) The services provided by the Provider for the online shop at www.fakir.de are carried out exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.

(2) Our General Terms and Conditions apply exclusively. Terms and conditions of the customer that deviate from our General Terms and Conditions shall not be valid unless we expressly agree to them.

Section 2 Conclusion of Contract

(1) The presentation of goods on the website www.fakir.de does not constitute a binding offer by Fakir. It represents an invitation to the customer to submit an offer in the legal sense. This invitation is addressed exclusively to consumers with a billing and delivery address within the Federal Republic of Germany.

(2) After completing the ordering process, the customer will once again be shown all relevant information provided, such as billing address, delivery address, payment method, type and quantity of ordered items, as well as all resulting costs. The customer has the opportunity here to check all details and correct them if necessary. An order is submitted when the button labeled "Order with obligation to pay" (Zahlungspflichtig bestellen) is clicked.

(3) By placing an order, the customer makes a binding offer to conclude a purchase contract for the ordered item(s). No minimum order value is required.

(4) Fakir will promptly confirm receipt of the customer's order via email.

(5) A purchase contract is not concluded merely upon this order confirmation, but only upon dispatch of a separate order confirmation or upon delivery of the goods within 5 business days.

Section 3 Payment, Default

(1) The prices listed on our website at the time of the order apply. All prices include statutory VAT and are subject to the respective shipping costs indicated. Shipping costs amount to €5.99 for orders up to a value of €50.00. Above this amount, shipping is free of charge.

(2) Payment of the purchase price is possible via bank transfer/payment in advance, PayPal, credit card, or direct debit.

(3) If the customer defaults on payment, we are entitled to demand default interest at a rate of 5 percentage points above the base interest rate of the European Central Bank. In the event that we assert higher damages caused by default, the customer has the opportunity to prove that the asserted damages did not occur at all or occurred at a substantially lower amount.

Section 4 Retention of Title

We retain title to the delivered item until full payment of the purchase price has been made.

Section 5 Delivery

(1) Standard delivery within Germany takes place within 3–5 days. Information regarding delivery times for express shipping, delivery to other countries, and the calculation of delivery periods can be found here. We will indicate any differing delivery times on the respective product page. The commencement of the delivery period specified by us is subject to the timely and proper fulfillment of the customer's obligations, in particular the correct provision of the delivery address during the ordering process.

(2) If the Provider is unable to deliver the ordered goods through no fault of its own because the Provider's supplier does not fulfill its contractual obligations, the customer will be notified immediately that the ordered goods are unavailable. Any consideration already provided by the contractual partner will be refunded immediately. The statutory rights of the customer remain unaffected.

(3) With respect to businesses/entrepreneurs, the risk of deterioration or destruction of the goods passes to the customer upon handover of the delivery item to the transport company. If handover or dispatch is delayed for reasons attributable to the customer, the risk passes to the customer on the day notification of readiness for dispatch is given.

Section 6 Default of Acceptance

(1) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. Further claims remain reserved.

(2) Interest will accrue on the purchase price during the period of default. The default interest rate per annum is five percentage points above the base interest rate. In commercial transactions between businesses, the interest rate is eight percentage points above the base interest rate.

(3) The customer reserves the right to prove that damage in the amount demanded did not occur or occurred at a substantially lower amount. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which the customer enters into default of acceptance or default of payment.

Section 7 Warranty

(1) In the event of a defect, the customer may choose whether supplementary performance should take place by way of remediation (repair) or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is possible only at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.

(2) If supplementary performance fails or if we have refused supplementary performance entirely, the customer may, at their discretion, demand a reduction of the purchase price (price reduction) or declare withdrawal from the contract. Any claims for damages by the customer remain unaffected by this.

(3) If the customer is an entrepreneur within the meaning of Section 14 BGB (German Civil Code), the following applies to the customer's warranty claims: Obvious defects must be reported to the Provider in writing immediately, at the latest within 14 calendar days after delivery of the goods; hidden defects must likewise be reported in writing immediately, at the latest within 14 calendar days after they become known. If the notice of defect is not submitted in due time, the customer's warranty rights regarding the defect not reported in time are excluded. This does not apply, however, insofar as the Provider fraudulently concealed the defect and/or assumed a corresponding guarantee. Warranty claims—except in the case of claims for damages—expire within one year after delivery of the purchased item to the entrepreneur.

Section 8 Return Costs in Case of Revocation

You must bear the standard costs of the return if the delivered goods correspond to the goods ordered and if the price of the item to be returned does not exceed an amount of 40.00 euros, or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for you.

Section 9 Limitation of Liability

(1) In cases of slightly negligent breach of duty, the liability of the Provider and the Provider’s vicarious agents is limited to foreseeable, contract-typical, direct average damage depending on the type of goods. In the event of slightly negligent breaches of non-essential contractual duties, the breach of which does not endanger the execution of the contract, neither we nor our vicarious agents shall be liable.

(2) The above limitations of liability do not apply to claims arising from product liability or guarantees, nor do they apply to claims based on injury to life, body, or health.

Section 10 Data Protection

(1) Fakir collects customer data within the framework of registration and the execution of contracts. Fakir complies with statutory regulations, in particular those of the Federal Data Protection Act and the Telemedia Act.

(2) Personal data of the customer, insofar as it is necessary for establishing, structuring the content of, or amending the contractual relationship (inventory data), is collected, stored, and/or used exclusively to execute the purchase contracts concluded between Fakir and the customer, such as for the delivery of goods to the specified address. Any collection or use of inventory data beyond this by Fakir for advertising, market research, or needs-based design of offers does not take place without the prior express consent of the customer. The customer is given the opportunity to grant this consent before completing an order. This declaration of consent is voluntary and can be revoked freely at any time.

(3) Personal data of the customer that is required to enable and bill the use of Fakir's services (usage data) is collected, stored, and/or used to execute transactions between Fakir and the customer. Furthermore, Fakir will use usage data for advertising, market research, or needs-based design of its telemedia services by creating usage profiles under pseudonyms. The customer is entitled at any time to object to this use of their usage data. Usage data includes, in particular, characteristics for identifying the user, information regarding the beginning and end as well as the extent of the respective use, and information on the telemedia services utilized by the user.

(4) The customer is given the opportunity at any time to retrieve, amend, update, or delete the stored data under the user account section/button in their user profile.

Fakir uses Google Analytics on the website www.fakir.de, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files stored on the customer's computer that enable an analysis of the customer's use of the website. The information generated by the cookie about the use of www.fakir.de (including the IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the customer's use of the website, compile reports on website activity for website operators, and provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required to do so by law or where such third parties process the information on Google's behalf. Under no circumstances will Google associate the customer's IP address with any other data held by Google. The customer can prevent the installation of cookies by selecting the appropriate settings on their browser software; however, Fakir points out that in this case, the customer may not be able to use the full functionality of the website www.fakir.de. By registering, the customer agrees to the processing of data collected about them by Google in the manner and for the purpose described above.

 

Section 11 Applicable Law, Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this choice of law does not deprive a consumer of mandatory consumer protection regulations.

(2) If the contractual parties are merchants, the court at our registered seat in Vaihingen/Enz has jurisdiction, provided that no exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union.

Section 12 Final Provision

If any provision of this contract is invalid or unenforceable, or...

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.