General Terms and Conditions
Fakir Household Appliances GmbH
Industriestr. 6
71665 Vaihingen/Enz
- hereinafter referred to as the Provider
§ 1 Scope of Application
(1) The services of the Provider for the online shop at www.fakir.de are provided 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. Any terms and conditions of the customer deviating from our General Terms and Conditions shall not be valid unless expressly agreed upon by us.
§ 2 Conclusion of Contract
(1) The presentation of goods on the website www.fakir.de does not constitute a binding offer by Fakir. It is an invitation to the customer to submit an offer in the legal sense. This invitation is directed exclusively to consumers with an invoice and delivery address within the Federal Republic of Germany.
(2) After completing the order process, the customer will be shown all relevant information provided, such as billing address, delivery address, payment method, type and quantity of ordered items, and all resulting costs. The customer has the opportunity to review and, if necessary, correct all information. An order is triggered when the button labeled "Place Order with Payment Obligation" is clicked.
(3) With his order, the customer submits a binding offer to conclude a purchase agreement for the ordered item(s). No minimum order value needs to be reached.
(4) Fakir will confirm receipt of the customer's order immediately by email.
(5) A purchase agreement is not concluded with this order confirmation, but only with the dispatch of a separate order confirmation or the delivery of the goods within 5 working days.
§ 3 Payment, Default
(1) The prices listed on our website at the time of the order apply. All prices are inclusive of the statutory value-added tax and plus the respective shipping costs listed. Shipping costs amount to €4.95 for orders up to a value of €50.00. After that, shipping is free of charge.
(2) Payment of the purchase price is possible by bank transfer/prepayment, PayPal, credit card, or direct debit.
(3) If the customer is in default of payment, we are entitled to demand default interest at a rate of 5 percentage points above the base rate of the European Central Bank. In the event that we assert a higher default damage, the customer has the opportunity to prove that no or significantly lower default damage has occurred.
§ 4 Retention of Title
We retain ownership of the delivered item until full payment of the purchase price has been made.
§ 5 Delivery
(1) Delivery takes place within 3-5 days for standard delivery within Germany. Information on delivery times for express delivery, delivery to other countries, and the calculation of the delivery period can be found here. Any deviating delivery times will be indicated on the respective product page. The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address when placing the order.
(2) If the provider is unable to deliver the ordered goods without its own fault because the provider's supplier does not fulfill its contractual obligations, the customer will be promptly informed that the ordered goods are not available. Any consideration already provided by the contracting party will be promptly refunded. The statutory rights of the customer remain unaffected.
(3) For entrepreneurs, the risk of deterioration or loss of the goods passes to the customer upon handover of the delivery item to the carrier. If the handover or dispatch is delayed for reasons attributable to the customer, the risk passes to the customer on the day of notification of the readiness for dispatch of the delivery item.
§ 6 Default in Acceptance
(1) If the customer is in default of acceptance or if he culpably violates other duties to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. Further claims remain reserved.
(2) The purchase price is to be paid with default interest during the delay. The default interest rate for the calendar year is five percentage points above the base rate. In business transactions between entrepreneurs, the interest rate is eight percentage points above the base rate.
(3) The customer remains entitled to prove that no damage or significantly lower damage has occurred on our part.
The risk of accidental loss or accidental deterioration of the goods passes to the customer at the point in time when the customer is in default of acceptance or debtor's delay.
§ 7 Warranty
(1) In the event of a defect, the customer has the choice of whether the subsequent performance should be in the form of rectification or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer.
(2) If the subsequent performance fails or if we refuse subsequent performance altogether, the customer may, at his option, demand a reduction in the purchase price (reduction) or withdraw from the contract. Any claims for damages by the customer remain unaffected.
(3) If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the following shall apply to the customer's warranty claims: Obvious defects must be reported to the provider immediately, at the latest within 14 calendar days after delivery of the goods, in writing; hidden defects must also be reported immediately, at the latest within 14 calendar days after they are discovered, in writing. If the defect notification is not made in a timely manner, the warranty rights of the customer with regard to the defect not reported in a timely manner are excluded. However, this does not apply if the provider has fraudulently concealed the defect and/or assumed a corresponding guarantee. Warranty claims - except in the case of claims for damages - become time-barred one year after delivery of the purchased item to the entrepreneur.
§ 8 Return Costs in Case of Revocation
You shall bear the regular costs of returning the goods if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed the amount of €40.00 or, in the case of a higher price of the item at the time of revocation, you have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge for you.
§ 9 Limitation of Liability
(1) In the event of slight negligence, the liability of the provider and its vicarious agents is limited to the average damage foreseeable for the type of goods. In the case of slight negligence of non-essential obligations, the provider and its vicarious agents shall not be liable.
(2) The above limitations of liability do not apply in the event of claims based on product liability or guarantees, as well as in the event of claims for damages due to injury to life, body, or health.
§ 10 Data Protection
(1) In the course of registration and the processing of contracts, Fakir collects customer data. Fakir complies with the legal regulations, in particular the Federal Data Protection Act and the Telemedia Act.
(2) Personal data of the customer, insofar as they are necessary for the establishment, content design, or modification of the contractual relationship (inventory data), are collected, stored, and/or used exclusively to process the purchase agreements concluded between Fakir and the customer, such as for the delivery of goods to the specified address. Any further collection or use of inventory data by Fakir for advertising, market research, or for the demand-oriented design of offers does not take place without the express consent of the customer. The customer has the opportunity to give this consent before placing an order. This declaration of consent is voluntary and can be revoked at any time.
(3) Personal data of the customer that is necessary to enable and bill the use of Fakir's offers (usage data) will be collected, stored, and/or used for the processing of purchase agreements concluded between Fakir and the customer. Fakir will also use usage data for advertising, market research, or to design its telemedia services to create user profiles using pseudonyms. The customer is entitled to object to the use of his usage data at any time.
Usage data includes in particular features for identifying the user, information about the beginning and end and the scope of the respective use, and information about the telemedia used by the user.
(4) The customer is always given the opportunity to access the stored data under the button/section "User Account" in his user profile and to change, update or delete this data.
Fakir uses the Google Analytics tool for the website www.fakir.de, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies," text files that are stored on the customer's computer and 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, to compile reports on website activity for website operators, and to provide further services related to website and internet usage. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. Google will not associate the customer's IP address with any other data stored by Google about him. The customer can prevent the installation of cookies by adjusting the browser software accordingly; however, Fakir points out that in this case, the customer may not be able to use all the functions of the website www.fakir.de to their full extent. By registering, the customer agrees to the processing of the data collected about him by Google in the manner and for the purpose described above.
§ 11 Applicable Law, Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention, unless this choice of law leads to the customer being deprived of mandatory consumer protection laws.
(2) If the contracting parties are merchants, the court at our registered office in Vaihingen/Enz is competent, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union.
§ 12 Final Provision
Insofar as a provision of this contract is invalid or unenforceable or becomes invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the option of using this platform to resolve their disputes.
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