GENERAL TERMS AND CONDITIONS (GTC)
GENERAL TERMS AND CONDITIONS (GTC)
for the sales via www.fabidoo.com of articles by
Company with a limited liability, represented by its managing director Petra Wallasch
Phone: +49 341 23 18 37 30
Business license number and registration location: Amtsgericht Leipzig HRB 25107
1. Cancellation policy
Power of Revocation
You can cancel, without stating reasons, your contractual statement in written form (letter, fax, email) within 2 weeks or – if the merchandise has been yielded to you before expiration of deadline - by returning the merchandise. The prescribed period begins on receipt of this explanatory statement in written form, but not before receipt of merchandise by customer (in case of repeated deliveries of similar merchandise not before receipt of first partial delivery) and not before fulfilment of our contractual obligation concerning customer information according to § 312c Abs. 2 BGB in regard to § 1 Abs. 1, 2 and 4 BGB-InfoV. The punctual dispatch of the cancellation statement or the merchandise suffices to comply with the deadline. The cancellation statement is to be sent to: Rapidobject GmbH, Bitterfelderstraße 17, 04126 Leipzig, Germany, E-Mail: info(at)fabidoo(dot)com.
In the case of an effective cancellation already rendered services and contingent profits (e.g. interest) are to be released. Should you not be able to release the rendered services or merchandise either completely or partially or only in impaired condition, you are to render value replacement in this respect if applicable. This does not apply in the case of surrendered merchandise if the impairment of the merchandise can be solely attributed to its examination - as it might have happened in a store. Furthermore you can avoid the risk of value replacement for impairment caused by intended regular use by not employing the merchandise as an owner would and by refraining from actions causing impairment. Goods transportable by parcel post are to be sent to us with us bearing the risk of shipment. You are to bear the costs for the return shipment if the delivered merchandise complies with the merchandise ordered and if the price of the merchandise which is to be returned does not exceed the amount of 40.00 EUR or if you, in the case of a higher price of the merchandise, have not yet rendered the return service or a contractually stipulated partial payment at the time of cancellation. In any other instances the return shipment is free of charge for you. Non-package transportable merchandise will be picked up at the customer's location. You are obliged to meet the requirements for reimbursements within 30 days after sending your cancellation statement. This prescribed period concerning you shall commence on the date you send us the cancellation statement or the merchandise; the prescribed period concerning us shall commence on the date of receipt thereof.
The power of revocation does not apply to distance selling contracts for the delivery of merchandise which: is either custom-made to customer’s specifications or is clearly custom-tailored to meet personal demands or is not fit for reshipment due to properties and conditions or is apt to suffer spoilage or has reached its expiry date.
Final statement on cancellation policy.
The power of revocation is not applicable if you are an entrepreneur under § 14 German Civil Code (BGB) and are engaged in according commercial or freelance business activities at the time of the contract’s conclusion.
2. Preface, Area of Applicability of GTC
All sales, deliveries and services are based solely on the following GTC adhering to the current and valid version at the time of order.
“fabidoos” in terms of these GTC are all articles and offers which are presented for individual design and put up for sale in our online-shop.
Customers in terms of these GTC are consumers as well as entrepreneurs. A consumer is any natural person who concludes a legal transaction with fabidoo for a purpose which cannot be attributed to any commercial or freelance business activity. An entrepreneur is any natural person, corporate body or partnership with legal capacity, exercising freelance or commercial business activities when concluding a legal transaction with fabidoo.
3. Contract Conclusion
The order transaction consists of several steps. In the course of your order process you have the option of checking and changing all entries (e.g. name, billing address, shipping address, method of payment, articles ordered etc.) during the final step #3 (“confirm article”). The order is carried out when, at the end of step #3, you send us the order form by clicking the button “send order”.
With your order you provide us with a binding agreement to the close of the contract. You will then receive confirmation of order receipt. The contract is concluded as soon as we send you the order confirmation via email. We can accept your order by sending you the order confirmation within three days.
By ordering at our online-shop the contract is closed with: Rapidobject GmbH, represented by its managing director: Petra Wallasch, Bitterfelderstraße 17, 04126 Leipzig, Germany, E-Mail: info(at)fabidoo(dot)com, Phone: +49 341 23 18 37 30, Business license number and registration location: Amtsgericht Leipzig HRB 25107, USt-IdNr. DE256881356.
4. Storing of wording of contract
Your order and the according data will be retained by us. We will send a confirmation of order with all data involved to the email address given to us. Furthermore, your order and the according data is stored in your personal customer account under “my page”. Here you can check and print your order and the according data at any time. You also have the option of printing the GTC as well as the order and the according data during the ordering process.
5. Retention of title
The seller's delivered merchandise remains the seller's property until complete payment of it has been effected. The customer is not entitled to pledge or assign as security or process or remodel merchandise without our consent before proper payment is settled.
6. Prices and shipping costs
All indicated prices include the statutory German value added tax when sold in the EU. Outside the EU, the indicated prices do not include any VAT. In this case it is (the customer’s / your) obligation to comply with the national revenue or duty regulations of (his or her / your) country. Prices do not include the shipping costs which you can find on our page “shipping information” under excl. www.fabidoo.com/en/info/shipping.
7. Terms of Delivery
We deliver to all countries within the EU and also to Canada, Switzerland and the United States. The delivery is carried out by a forwarding company of our choice.
The delivery time is, if not indicated otherwise, 3 weeks after receipt of payment.
Should we not hold all ordered products on stock, we are entitled to partial shipments at our costs, provided this can be reasonably imposed on you.
After three unsuccessful attempts to deliver we are entitled to cancel the contract. Any payments on your behalf will be reimbursed immediately.
8. Terms of payment
Invoices are payable either per prepayment by bank transfer or per “PayPal”. We reserve the right to exclude specific methods of payment.
Payments are due when you have received the order confirmation via email. If you have chosen prepayment by bank transfer we will state our bank details in the order confirmation. In either case, prepayment by bank transfer or payment per “PayPal”, the total amount is to be remitted to our account within five days after receipt of order confirmation.
As soon as delay of payment comes into effect we charge interest on the sales price at an interest rate of 5% plus the current base lending rate. We reserve the right to verify a higher loss by delay and to claim compensation.
You are only entitled to set off payment if the counterclaim is undisputed and regarded as legally effective or accepted in written form by us.
You may only exercise a right of retention as far as it is a matter of claims resulting from the same contractual relationship.
The warranty period for delivered goods is two years and begins at receipt of merchandise. If the customer is entrepreneur the warranty period is one year. In all other instances the legal regulations on warranty are applicable.
You are aware of the fact that the delivered fabidoos may differ from their presentation in our online-shop, our brochures, catalogues or other printed or electronic documentation in regard to texture, colour, weight, dimensions, design or similar characteristics due to technical reasons. Such diverging does not entitle you to warranty claims as long as the diverging is deemed reasonable. Reasonably acceptable differences may result from variations customary in trade and technical production processes.
We shall not be held liable for any damages due to simple negligence, except for damages where we would be liable for damages resulting from physical injuries, damages to life or health or the violation of contractual duties. Nor shall we be held liable in this context in instances concerning warranty and claims of product liability by law. The same is applicable to liability of our auxiliary persons.
11. Designs, Usage Rights, Release from Liability
When designing fabidoos, you are not allowed to use contents, wording, shapes, colours, pictures or patterns contrary to prescriptions by law, directives by authorities or morality. Furthermore you are not allowed to position contents, wording, shapes, colours, pictures or patterns infringing the rights of others, in particular copyrights, trademark rights, name rights and personal rights.
We will not adopt any third party contents under any circumstances.
We reserve the right to delete and remove from our website www.fabidoo.com orders, designs and drafts if we have sufficient reason to believe that a fabidoo is contrary to prescriptions by law or infringes the rights of others.
We are released of liability by you concerning claims which third parties might stipulate against fabidoo on account of having infringed their rights or having contradicted prescriptions by law on grounds of your positioning and/or using of according fabidoos. In this regard you are to cover the legal costs for fabidoo including all attorneys’ and court’s fees. This does not apply in case you cannot be held accountable for the breach of law.
12. Release of Designs
Should you use a design of your own conception when designing a fabidoo, and / or make this design available in our online-shop to third parties for the designing of their own fabidoos and articles, you are required to allow permission and accept specific usage- and licensing conditions by means of according entries on “My page” in your personal customer account.
13. Data Protection
Personal data are information alluding to or indicating your identity, such as name, address, postal address, delivery address, telephone number and email address.
We store personal data only to the extent necessary for the processing and fulfilment of the order. With the exception of forwarding companies and payment institutions (eg. Banks etc.) involved, we will not pass on personal data to third parties.
While accessing our offers online, information such as date, time, and Web page can be stored by our server. These data are not personal data – they are anonymized and are only evaluated by us for statistical purposes.
Employment of cookies
On certain pages cookies are employed without us being able to indicate this. Most browsers are adjusted to accept cookies automatically. However, you can deactivate the storing of cookies or adjust the browser to notify you whenever cookies are sent.
Along with your registration and / or order you automatically open a personal customer account which is accessible to you via “My page”. Here you obtain an overview of your orders, your uploaded designs and your files.
You have the right to disclosure of your stored data free of charge and you are entitled to the correction, blocking and deletion of these data. Should you have any questions concerning the collection, processing and use of your personal data or the disclosure, correction, blocking or deletion of your data - please contact: info(at)fabidoo(dot)com.
14. Final Clauses
The legal relationship between us and the customer is subject to the German substantive law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a merchant, public entity or a special fund under public law, the sole place of jurisdiction for all disputes resulting from this contract is Munich. In this case fabidoo may also nominate the court of the customer’s residence. The same applies if the customer does not have a general jurisdiction in Germany or the EU or if the general residence is unknown at the time of commencement of the lawsuit.
If an individual provision of this contract or the GTC is or becomes completely or partially invalid, or if the contract is incomplete, the contract’s general validity will not be affected.
There are no subsidiary agreements.
Valid as of September 13, 2010