General Terms and Conditions

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us,

FARE – Guenther Fassbender GmbH
Stursberg II 12, 42899 Remscheid
Germany
Managing Director: Volker Griesel
Commercial Register: Amtsgericht Wuppertal, HRB 11483
Telephone: +49 (0) 2191 609150
Fax: +49 (0) 2191 6091520
E-mail: [email protected]
Internet: www.fare.de

and you as our customer.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.

(3) The version of the GTC valid at the time the contract is concluded shall apply.

(4) We do not accept any deviating terms and conditions of the customer. This applies even if we do not expressly object to their inclusion.

(5) A natural person as a customer is a consumer insofar as the purpose of the goods and services ordered cannot predominantly be attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.

(1) General description of the service
FARE – Guenther Fassbender GmbH, based in Remscheid, is a leading supplier of high-quality umbrellas and parasols, which are available to both end consumers and business customers. Our online shop offers a wide range of products, including pocket umbrellas, regular umbrellas, golf umbrellas, parasols, premium umbrellas and children's umbrellas. These umbrellas can be individualised with company logos and advertising messages to serve as effective promotional items. FARE® attaches particular importance to quality, sustainability and innovative designs.

(2) Descriptions and explanations for understanding how the service is provided
Customers can select and order products via the website www.fare.de. Products are selected and information is provided in particular via the product search or the filters on the product overview pages. Detailed information on individual products can be found on the product detail pages. The ordering process (see § 4) includes selecting the desired umbrella model, the quantity and the options for product individualisation (e.g. screen printing, transfer printing and doming – see § 6) and providing delivery and payment information (see § 5 and § 8). After the order has been completed, the umbrella will be produced according to the specifications provided and delivered to the address provided (see § 5). Customers also have the option of registering (see § 3).

(3) Description of compliance with accessibility requirements
FARE® complies with the legal requirements for digital accessibility in accordance with the Barrierefreiheitsstärkungsgesetz (BFSG) [German Accessibility Strengthening Act], the associated ordinance (BFSGV) and the European Accessibility Act (EAA). Our website www.fare.de takes into account the four principles of accessibility: perceivability, operability, understandability and robustness.

• Perceivability: Content has sufficient contrast and readable font sizes. All images and graphics have alternative text; multimedia content is provided with subtitles.
• Operability: All functions and content of the website are fully operable via keyboard and assistive technologies, without restrictions or time limits.
• Understandability: Content and navigation are clearly structured and formulated in an understandable manner, and input fields provide assistance.
• Robustness: The website is compatible with current browsers and screen readers and is prepared for future technological developments.

FARE® conducts regular accessibility tests and continuously improves its services. If you encounter any barriers, FARE® would be pleased to hear from you at [email protected].

(4) Information pursuant to Art. 246 EGBGB
FARE – Guenther Fassbender GmbH
Stursberg II 12
42899 Remscheid
Germany
Tel.: +49 (0)2191 60915-0
Fax: +49 (0)2191 60915-20
E-mail: [email protected]

(5) Competent market surveillance authority
The competent market surveillance authority for compliance with accessibility requirements is:
Ministry of Labour, Social Affairs, Health and Equality of the State of Saxony-Anhalt
Department 3 ‘Social Affairs and Occupational Safety’
Institution under public law (MLBF AöR)
39112 Magdeburg
Germany
E-mail: [email protected]

(1) To purchase our goods via the online shopping basket system on our website, you can register as a customer free of charge. Registration is mandatory for dealers, resellers and business end users. Please contact us to register (§ 1; further contact details can be found in the legal notice), or use the registration form integrated on our website.

(2) As part of the registration process, a user account will be set up under a user name and password assigned by us. After you have contacted us for registration, you will receive these access data by e-mail. You can change the password individually when you log in for the first time. We recommend that you make this change. The access data to your user account must be kept secret, and we must be notified immediately of any loss of the password or of third parties gaining knowledge of it. The user account is not transferable.

(3) New customers who access our webshop via a campaign link (e-mail campaign, online advertising, banner or similar) can place their order as a guest. At the same time as the order, a customer account will be created, the access data for which will be sent to you in accordance with paragraph 2 immediately after the order has been placed.

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) The images displayed in the online shop, as well as details regarding colours, dimensions, weight and technical specifications of the products, are non-binding unless they are expressly designated as binding. In particular, colour variations may occur due to differences in screen settings or lighting conditions. We reserve the right to make technical, colour and visual changes, as well as changes to the design, provided that these do not conflict with the purpose of the contract and are reasonable for the customer, taking our interests into account. We shall inform the customer of any significant changes prior to the conclusion of the contract or in good time before delivery.

(3) The contract is concluded via the online shopping basket system as follows:

The goods intended for purchase are placed in the “shopping basket”. You can call up the “shopping basket” via a button in the navigation bar and make changes there at any time. After calling up the “Order” page and entering your data as well as the selected payment and shipping options, all order data are finally displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop. Before submitting the order, you have the possibility to check all details again, to change them (also via the “back” function of your internet browser) or to cancel the purchase.

By submitting an order via the online shop by clicking the button “order subject to payment”, you place a legally binding order. You are bound to the order for a period of 5 days after placing it.

(4) We will confirm receipt of your order placed via our online shop immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is declared at the same time.

(5) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(6) If the delivery of the goods you have ordered is not possible, for example because the corresponding goods are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this immediately and refund any consideration already received without delay.

(1) The delivery period for goods which we have in stock is between two (2) and five (5) working days, depending on the place of delivery and unless otherwise agreed. In all other respects, delivery and the delivery period are subject to the proviso that we ourselves are supplied. Delivery dates and delivery periods are only binding if we have confirmed them in text form.

(2) We are entitled to make partial deliveries insofar as this is reasonable for you.

(3) If you do not select an instant payment method, we reserve the right, in the case of orders from customers with their place of residence or business abroad or where there are justified indications of a risk of non-payment, to deliver only after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins upon payment of the purchase price and the shipping costs.

(4) Shipment is at your risk. If you so wish, the goods will be shipped with appropriate transport insurance, the costs of which are to be borne by you. If you are a consumer, we bear the shipping risk.

(1) If you commission us to individually design the goods ordered, you shall provide us with the suitable information, texts or files required for the individual design of the goods with your order or request for quotation or, at the latest, immediately after conclusion of the contract by e-mail. Any specifications we make regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.

(4) Insofar as agreed, we will send you a printing proof, which you must check without delay. If you agree with the draft, you release the printing proof for execution by countersigning it in text form (e.g. e-mail).

The design work will not be carried out without your approval.

You are responsible for checking the printing proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.

(5) Insofar as we create texts, images, graphics and designs for you as part of the individual design, these are subject to copyright.

The use, reproduction or modification of individual parts or complete contents is not permitted without our express consent.

Unless otherwise agreed, we grant you a right of use, unlimited in time, to the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, either privately or commercially.

The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.

(1) The prices in our online shop can be adjusted. If you select the display option for private customers, they include the applicable statutory value-added tax. If you select the display option for business customers, the prices quoted are exclusive of the applicable statutory value-added tax.

(2) The shipping costs are indicated in our price information in our online shop and are to be borne by the customer. This does not apply if the customer is a consumer and exercises their right of withdrawal. In this case, however, the customer shall bear the direct costs of the return shipment.

(3) If we fulfil your order by partial deliveries in accordance with § 5 (2), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(1) The purchase price and the shipping costs shall be paid within eight (8) days of receipt of our invoice at the latest. We are entitled to issue invoices electronically and to send invoices by e-mail.

(2) Registered business end users may pay the purchase price and shipping costs by invoice, unless otherwise stated in the online shop or in our offer. As an end customer, PayPal is available to you as a means of payment.

(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

(1) We retain title to the goods until all claims arising from the current business relationship have been settled in full.

(2) As an entrepreneur, you may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, insofar as you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

(3) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10 %. The selection of the securities to be released is at our discretion.

(4) The pledging or transfer of ownership by way of security of the goods subject to retention of title is not permitted.

(1) The warranty period for entrepreneurs is one year from delivery of the goods. The one-year warranty period does not apply to culpably caused damage attributable to us arising from injury to life, limb or health, to damage caused by gross negligence or intent or in cases of fraudulent intent, or to claims under a right of recourse pursuant to §§ 445a, 445b, 478 BGB.

(2) Only our own statements and the manufacturer's product description shall be deemed agreed as the quality of the goods. We accept no liability for other public statements by the manufacturer or other third parties (e.g. advertising statements) to which the buyer has not drawn our attention as being decisive for their purchase.

(3) As an entrepreneur, you are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any obvious defects within 7 days of receipt of the goods. Timely dispatch of the notification is sufficient to meet the deadline. This also applies to hidden defects discovered later, from the time of their discovery. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.

(4) In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

(5) If you are a consumer, we ask you to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.

(6) If you are a consumer and notify us of a defect, we will expressly inform you, before carrying out subsequent performance, of your right to choose between repair and replacement delivery, and of the fact that the warranty period is extended once by twelve months if you choose repair, provided that the repair is actually carried out. This information is provided on a case-by-case basis as part of the respective notice of defect and does not apply to a repeated notice of defect concerning the same goods.

(7) As a consumer, you will additionally be informed of the statutory minimum warranty period of two years by means of the EU warranty label, which is clearly displayed no later than the final step of the ordering process (checkout).

(1) In all cases of contractual and non-contractual liability, we shall be liable to you for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.

(2) In other cases, we shall only be liable – unless otherwise stipulated in paragraph 3 – in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and such liability is limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

(1) Advertising material and advertising statements which we provide to you as a business end user, dealer or reseller in connection with goods ordered or in the dealer shop (e.g. hangtags, brochures, product stickers) are created on the basis of the legal situation applicable at that time and the factual circumstances known to us at that time.

(2) The relevant legal requirements may change subsequently, in particular in the area of environmental and sustainability-related advertising claims. Likewise, after the advertising material has been provided, facts may become known to us as a result of which a statement contained therein is no longer accurate or can no longer be used with legal certainty, for example the basis for a certificate or seal used ceasing to apply, a change in the underlying product characteristics, or new scientific or official findings regarding a statement used. If advertising material or statements become outdated as a result, we will expressly notify you of this in text form. We will specifically identify the advertising material and statements concerned, state the reason for the change and, where possible, provide you with updated material at the same time.

(3) Upon receipt of such a notification, you are obliged to withdraw the advertising material and statements identified therein from use without delay and to dispose of them.

(4) If you nevertheless continue to use the advertising material or statements identified in the notification intentionally or through gross negligence, you shall indemnify us against claims by third parties and against official measures that are demonstrably based on such continued use. This also applies to the costs of legal representation required in this context. The indemnity does not apply insofar as the respective claim is also based on fault on the part of FARE®, for example because FARE® itself continued to use or distribute the advertising material or statement concerned after expiry of the period.

We hold the copyright to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the seller's registered office in Remscheid. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3) The language of the contract is English.

(4) We do not store the complete text of the contract. Before submitting the order via the online shopping basket system or the enquiry, the contract data and these GTC can be printed out or saved electronically using the browser's print function. After we have received the order, the order data, the legally required information for distance contracts and the General Terms and Conditions, as well as the cancellation policy for consumers, will be sent to you again by e-mail.

(5) Codes of conduct
We have submitted to the code of conduct of Trusted Shops GmbH, which can be viewed at: Quality criteria of Trusted Shops GmbH (PDF)

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