General Terms and Conditions of Sale Dealer Shop
§1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our online shop between us, the
FARE-Guenther Fassbender GmbH
Stursberg II 12, 42899 Remscheid, Germany
Managing Director: Volker Griesel
Commercial Register: Local Courts Wuppertal, HRB 11483,
Telephone: +49 (0) 2191 609150
Fax: +49 (0) 2191 6091520
E-mail: [email protected]
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 of conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
§2 Registration as a customer
(1) In order to purchase our goods via the online shopping basket system on our website, registration as a customer is required. This is free of charge and does not lead to any obligations. To register, please contact us (§ 1, further contact details can be found in the imprint or use the contact 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 this 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 initiate the 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 them in accordance with paragraph 2 immediately after the order is placed.
§3 Conclusion of contract
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online shop by clicking on 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 the order.
(3) 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, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) If the delivery of the goods ordered by you 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, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
§4 Terms of delivery and reservation of advance payment
(1) The delivery period for goods which we have in stock is approximately five (5) working days, unless otherwise agreed. In all other respects, the delivery and the delivery period are subject to our own supply. Delivery dates and delivery periods are only binding if they have been confirmed by us in text form.
(2) We are entitled to make partial deliveries insofar as this is reasonable for you.
(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period shall commence 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, whereby the costs arising from this are to be borne by you.
§5 Individually designed goods
(1) 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 by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall 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 draft correction which you must check without delay. If you agree with the draft, you shall release the draft 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 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 transfer to you the right to use the copyrighted works created for you for an unlimited period of time. 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.
§6 Prices and shipping costs
1) All prices quoted in our online shop are net prices excluding the statutory value added tax and are exclusive of value added tax and any shipping costs incurred.
(2) The shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfil your order in accordance with § 3 para. 3 by partial deliveries, 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.
§7 Terms of payment and set-off and right of retention
(1) The purchase price and the shipping costs must 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) You may pay the purchase price and the shipping costs by invoice, unless otherwise stated in the online shop or our offer.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims 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.
§8 Retention of title
(1) We retain title to the goods until all claims arising from the current business relationship have been settled in full.
(2) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further 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 you 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 incumbent upon us.
(4) The pledging or transfer of ownership by way of security of the reserved goods is not permitted.
(1) The warranty period is one year from delivery of the goods. The one-year warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful misconduct or fraudulent intent, as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.
(2) Only our own specifications 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 purchaser has not drawn our attention as being decisive for the purchase.
(3) 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. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
(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 of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - insofar as not otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite 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 this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§12 Final provisions
(1) The law of the Federal Republic of Germany shall apply 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 this country shall remain 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 registered office of the Seller, Remscheid. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(3) Contract language is German
(4) The complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system or the enquiry, the contract data and these GTC can be printed out or electronically saved using the browser's print function.
Status: July 2022