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Fahrenbruch Online - Shop - General Terms and Conditions (Allgemeine Geschäftsbedingungen (AGB)) with consumer information

 

§ 1 Scope of application and contractual partners

 

  1. The present General Terms and Conditions (GTC) apply to all contracts concluded between you as the customer and us as the operator of the Fahrenbruch Shop. Within the framework of the order process you accept the terms and conditions in the valid version at the time of placing the order.

  2. Operator of the online shop and your contractual partner is:

 

Fahrenbruch

Darja Fahrenbruch

Hauptplatz15/17

8010 Graz

 

VAT Identification No.: ATU70701458

E-mail: hello@fahrenbruch.at

Phone: +43 650/9830059

 

  1. Our range of goods in the online shop is aimed exclusively at consumers.

 

 

§ 2 Conclusion of contract

 

  1. Our presentation of goods in the online shop does not yet include a binding sales offer. The offer to conclude a sales contract is made by you as the customer by clicking on the button "order with payment" after filling out the order page completely. You remain bound to this order for 1 week, i.e. the contract is binding if we accept your order within this period.

  2. After ordering you will receive an automated e-mail confirming receipt of the order by us, which however does not constitute acceptance of the contract (order confirmation). We declare the acceptance of the contract by a separate e-mail as soon as the goods leave our warehouse (confirmation of dispatch) or at the latest by delivery of the goods. This also applies if you have already paid or instructed payment of the purchase price prior to the conclusion of the contract due to the method of payment selected by you. If, in this case, we cannot accept your order due to a lack of availability of goods or if the contract is not concluded for other reasons, we will of course refund the advance payment immediately.

  3. If your order includes several articles, the contract is only concluded for those articles which are expressly listed in our shipping confirmation.

  4. Your statutory right of revocation (see § 6) remains unaffected by the above provisions in any case.

 

§ 3 Prices and additional costs

 

The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.

 

§ 4 Payment and retention of ownership

 

  1. The payment of the purchase price takes place alternatively by prepayment, credit card (VISA or Mastercard) or electronic payment service (PayPal).

 

Prepayment and payment by credit card:

In the case of prepayment, we will inform you about the invoice amount and our bank details in the order confirmation. The invoice amount is due immediately for transfer and must be credited to our account within 5 days. The conclusion of the contract remains reserved according to § 2 Abs. 2. In the case of payment by credit card, your credit card will be debited when the goods leave our warehouse.

  1. You may only set off your claims against our claims if we have acknowledged your claims, if they have been legally established, if they are in a legal connection with our liabilities or if we should be insolvent. You may withhold your payments only if we do not render our services under the same contractual relationship or do not render them properly or if the rendering of our services under the same contractual relationship would be jeopardized due to our poor financial circumstances.

  2. We reserve ownership of the delivered goods in any case until the respective invoice amount of a delivery has been paid in full (final and unconditional crediting of the total purchase price including any ancillary costs). If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of purchase until all outstanding claims arising from the business relationship with you have been settled. The corresponding security rights are transferable to third parties. Exceptional dispositions such as pledging or transfer by way of security are not permitted. In the event of processing, blending or combining the reserved goods with other materials, we shall acquire co-ownership of the resulting products in the ratio of the value of the reserved goods to that of the other materials. In the event of seizure of the reserved goods, you must inform us immediately and support us in securing our rights and reimburse us for all costs incurred in this respect, in particular those in connection with an objection process.

 

§ 5 Delivery and delivery times

 

  1. The delivery of the goods takes place via our studio.

  2. The delivery time stated in the online shop or in our dispatch confirmation in accordance with § 2 Para. 2 shall be calculated from the time of our order confirmation, but not before the invoice amount has been credited to our account in the case of payment by advance transfer. If a delivery time is not specified by us or has not been agreed otherwise, this shall regularly be the delivery time of 14 working days.

  3. We (Fahrenbruch) are not liable for any damage to the goods caused by third parties such as the postal service.

 

§ 6 Right of revocation

 

  1. Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity:

 

 

REVOCATION INSTRUCTION

 

Right of Withdrawal

 

You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.

In order to exercise your right of revocation, you must

 

Fahrenbruch

Darja Fahrenbruch

Hauptplatz15/17

8010 Graz

 

E-mail: hello@fahrenbruch.at

Phone: +43 650/ 9830059

 

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this agreement. You can use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

 

Consequences of revocation

 

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (excluding additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us).

We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You shall return the goods to us immediately and in any event no later than fourteen days after the day on which you notify us of the revocation of this agreement using the following address or email:

 

Fahrenbruch

Darja Fahrenbruch

Hauptplatz 15/17

8010 Graz

 

E-mail: hello@fahrenbruch.at

Phone: +43 650/9830059

 

This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

 

We shall bear the costs of returning the goods.

 

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary to inspect their condition, properties and functionality. Fahrenbruch will not accept return for any non-faulty items that have been worn and tags removed. Upon receipt of an order, if any item has been received with no tags, customer should notify us (via email) on the same day if wish to return. We strongly advise customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging. In the event of any failure to return any goods to us within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs of recovery of the goods.

 

END OF THE REVOCATION INSTRUCTION

 

  1. Model for the revocation form

(If you want to cancel the contract, please fill out this form and send it back.)

 

To:

Fahrenbruch

Hauptplatz 15/17

8010 Graz

 

E-mail: hello@fahrenbruch.at

 

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

1. ordered on(*)/received on(*)

2. name of the consumer(s)

3. address of the consumer(s)

4. signature of the consumer(s) (only for paper communication)

5. date

 

(*) Delete as appropriate.

 

  1. Agreement

If you return goods from your order to us within the cancellation period using the return sticker enclosed with the ordered goods even without a written declaration, we recognize the return as a clear declaration of your decision to revoke this contract, in the sense of the above revocation instruction.

  1. Agreement to bear costs

If you make use of your right of withdrawal and use the return sticker enclosed with the goods, we will bear the regular costs of returning the ordered goods.

 

§ 7 Rights of the customer in case of defects

 

  1. Their rights in case of material defects and defects of title shall be determined in accordance with the statutory provisions. However, we assume no liability for descriptions from third parties, in particular from customers in the context of the customer evaluations published in our online shop.

  2. Your legal right of revocation (see § 6) and rights from warranty declarations possibly separately delivered or attached to the goods remain unaffected in all cases.

 

§ 8 Choice of law and place of jurisdiction

 

The contractual relationship shall be governed exclusively by Austrian law to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The legal provisions shall apply to the place of jurisdiction.

 

§ 9 Severability clause

 

Should individual or several provisions of these General Terms and Conditions be or become invalid or inadmissible in whole or in part, this shall not invalidate the entire contract.

The invalid or inadmissible provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or inadmissible provision.

 

§ 10 Privacy Policy

 

I hereby agree that my personal data, name, telephone number, address, e-mail and bank details may be stored for the purpose of fulfilling the order placed at Fahrenbruch.

The data will not be passed on to third parties. The processing of personal data takes place on the basis of Art. 6 para. 1 lit b DSGVO (Basic Data Protection Ordinance). Personal data will only be processed during the duration of the order.

 

 

This consent can be revoked at any time by writing to

 

Fahrenbruch

Hauptplatz 15/17

8010 Graz

hello@fahrenbruch.at

 

The revocation shall not affect the legality of the processing carried out up to that point.

 

Status: 01 March 2019

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