Terms and conditions

General Terms and Conditions (GTC) of Gebr. Faller GmbH, Kreuzstrasse 9, D-78148 Gütenbach (hereinafter referred to as: “Faller”) for online orders at www.faller.de


SECTION 1
Scope, terms

(1) The following Terms and Conditions shall apply to all contracts concluded between the customer and Faller on the website www.faller.de by means of distance selling. Any differing terms and conditions of the customer that are not explicitly acknowledged by Faller in writing shall not apply to the contract.

(2) These General Terms and Conditions apply equally to customers who are consumers or entrepreneurs. A consumer means every natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession (§ 13 German Civil Code [BGB]). An entrepreneur means a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession (§ 14 German Civil Code). Where the order serves both purposes, then the purpose that prevails shall be decisive for the classification.

(3) If the customer is an entrepreneur the following shall apply: these General Terms and Conditions shall apply exclusively to all – including future – deliveries and services. Unless the customer acknowledges them in writing, no differing or additional terms and conditions of the customer shall be binding on the Contractor, even if the Contractor fails to object in the individual case. In cases where there has been written acknowledgement of other terms, these only apply to the respective individual agreement. This shall not affect any separate agreements between the Contractor and the customer.


SECTION 2
Conclusion of the contract

(1) The contract is concluded through an order on the part of the customer (customer's request) and the acceptance of the order on the part of Faller. The goods and services itemised on the website www.faller.de do not constitute an offer from Faller to conclude a contract, but merely a non-binding invitation for the customer to place orders.

(2) The conclusion of the contract is only possible in German.

(3) The contract is concluded with:

Gebr. FALLER GmbH
Kreuzstrasse 9
78148 Gütenbach, Germany

Telephone: +49 (0)7723/651-0
Fax: +49 (0)7723/651-123
Email: info@faller.de

Commercial register at the District Court Freiburg, commercial register 610917


SECTION 3
Order/customer request

(1) The customer may select goods from the core range available online and place them into a virtual shopping basket by clicking on the “Shopping Cart” button. This process is non-binding and does not constitute an offer of a contract.

(2) The customer can review and amend the order in the shopping cart and update the total price (“Recalculate total”). The customer can continue the order process via the “Complete order” button. After clicking on the “Complete order” button, entering personal data and payment and shipping data, all order data will be displayed again on the summary page and the customer has the opportunity to review and amend such data and to return to the previous page using the “back” function in the Internet browser. When selecting an immediate payment system the customer will first be guided to the page of the immediate payment system provider.

(3) Using the “Order and pay” button, the customer submits a binding application for the purchase of the goods in the shopping basket at the prices shown therein and under the payment terms specified therein. The request to purchase can only be submitted and transmitted to Faller if the customer has accepted these terms and conditions by checking the boxes in the fields “Yes, I have acknowledged the Privacy Policy.” and “Yes, I agree to the General Terms and Conditions.” and has thereby included them in the request. The General Terms and Conditions and the Privacy Policy can be viewed by the customer by clicking on the link.

(4) The customer may register to place an order. The text of the contract will be stored at Faller. The customer can view the contract after placing the order in the online profile (“My FALLER”). It can be printed using the key combination: Ctrl + P. Moreover, the customer can store the text of the contract by saving the relevant website on a computer using the “Save as” browser function. The browser printing function provides the possibility of printing out the contract text.


SECTION 4
Confirmation of receipt/acceptance of the request

(1) Faller will send the customer an automatic confirmation of receipt by email (order confirmation) after receiving the customer’s request. The order confirmation contains all relevant order data, the General Terms and Conditions and written notification of legally required information. The customer can save this confirmation and print it out. The contract data are also available within the user account at www.faller.de. The automatic confirmation of receipt merely documents the fact that the customer’s order has been received at Faller and does not constitute acceptance of the customer’s request. Faller reserves the right to reject the order.

(2) The contract is concluded only when an express declaration of acceptance has been issued by Faller, which is sent in a separate email (the shipping confirmation).


SECTION 5
Delivery, product availability

(1) When none of the selected products are available at the time the customer placed the order, Faller shall inform the customer without undue delay. Delivery will only take place while supplies last. If the product is permanently unavailable, Faller shall refrain from sending a declaration of acceptance. In this case, a contract is not concluded. Faller shall also inform the customer of this without undue delay.

(2) The ordered products will be delivered no later than 14 days after the contract was concluded. If delivery is not possible within this period, Faller shall inform the customer without undue delay. The delivery period set out in the order confirmation is non-binding, unless it has been expressly assured or agreed. If a binding delivery date is provided, Faller assumes no liability for late delivery by the respective logistics provider (for example, post, DHL, UPS, freight forwarder).

(3) If the customer is a consumer, risk transfers as soon as the goods have been delivered to him. If the customer is an entrepreneur, risk transfers as soon as Faller has handed the items to be delivered over to the carrier, the freight forwarder or other person/institution designated to carry out shipping.

(4) If the customer is not found at the specified delivery address, the following persons – unless special arrangements have been made – shall be deemed authorised to accept delivery on behalf of the customer:

  • in the case of delivery to the customer’s residence, adult family members, persons employed in the family, and adult permanent co-occupants encountered there;
  • in the case of delivery to the customer's business premises, persons employed there;
  • in the case of delivery to a community facility in which the customer lives, the manager of the facility and authorised representatives.


(5) If the customer is an entrepreneur, the customer is subject to the inspection and notification obligations under commercial law (§ 377 HGB [German Commercial Code]).


SECTION 6
Prices and shipping costs

(1) All prices listed on the Faller online store include the statutory value added tax applicable at the time.

(2) Faller ships to the whole of the European Union (not to Norway, Liechtenstein or Switzerland). Shipments to post office boxes and poste restante shipments are not allowed.

(3) The shipping costs are displayed on the order screen. The shipping costs shall be borne by the customer insofar as the customer has not exercised its right of withdrawal under § 11. For shipping within Germany, shipping costs are EUR 6.95. Shipping is free of charge within Germany for orders of EUR 50.00 or more. Additional costs of shipping, handling, and customs may apply for locations outside Germany. These costs depend on weight, size, value, and country of destination. Faller shall advise customers from other EU countries if no fulfilment partner has been commissioned and the customer has to clear the shipment through customs itself. The shipping costs for the remaining EU countries (except Norway, Liechtenstein and Switzerland) can be found in the following table:

Belgium

13.00 EUR

Bulgaria

15.00 EUR

Denmark

13.00 EUR

Estonia

15.00 EUR

Finland

15.00 EUR

France

13.00 EUR

Greece

15.00 EUR

Ireland

15.00 EUR

Italy

15.00 EUR

Croatia

15.00 EUR

Latvia

15.00 EUR

Lithuania

15.00 EUR

Luxembourg

13.00 EUR

Malta

15.00 EUR

Netherlands

13.00 EUR

Austria

13.00 EUR

Poland

13.00 EUR

Portugal

15.00 EUR

Romania

15.00 EUR

Sweden

14.00 EUR

Slovakia

15.00 EUR

Slovenia

15.00 EUR

Spain

15.00 EUR

Czech Republic

13.50 EUR

Hungary

13.60 EUR

Cyprus

25.50 EUR

 

SECTION 9
Liability

(1) Faller shall not assume any liability for slightly negligent breaches of non-material contractual obligations. For slightly negligent breaches of material contractual obligations (in particular the obligation to make deliveries in a timely manner and free of defects), its liability is limited to the foreseeable damage which is typical for the type of contract. However, Faller has unlimited liability for death or damage to health that it has culpably caused the customer, as well as for intentional and grossly negligent conduct and the absence of guaranteed condition.

(2) The regulations of the Austrian Product Liability Act (PHG) shall remain unaffected.

(3) If the customer is an entrepreneur, the following also applies: the statute of limitation for the customer’s claims for damages, which are not based on a defect in the goods, is one year. The statutory time-barring of claims due to intentional and grossly negligent conduct as well as for personal injury and damage to health and under the Product Liability Act are unaffected.


SECTION 10
Transport damage

(1) If the customer is a consumer, regardless of warranty rights, he should make an immediate complaint about goods with obvious transport damage to the delivery agent and inform Faller about the transport damage.

(2) If the customer is an entrepreneur, it shall inspect the goods immediately after delivery by the vendor, provided this is feasible in the ordinary course of business and, if a defect is apparent, shall notify Faller without delay. § 377 HGB [German Commercial Code] is applicable.


SECTION 11
Revocation policy

The consumer has the following right of withdrawal:

(1) Right of withdrawal

You can withdraw from the contract within 14 days for any reason. The withdrawal period is 14 days from the day on which you or a third party named by you who is not the carrier have taken possession of the last of the goods. In order to exercise your right of withdrawal you must inform us (Gebr. Faller GmbH, Kreuzstraße 9, D-78148 Gütenbach, telephone: +49 (0)7723/651-0, fax: +49 (0)7723/651-123, email: info@faller.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by mail, a fax, or an email). You may therefore use the standard cancellation form attached (at the bottom of this page), but there is no obligation to do so. If you make use of this possibility, we will immediately (e.g. by email) send you a confirmation about having received such a withdrawal. To meet the deadline, it will suffice to send the notification on exercising the right of withdrawal before the expiry of the withdrawal period.

(2) Outcome of the withdrawal

If you withdraw from this contract, we will reimburse any payments we received from you, including delivery costs (except for additional costs for your choice of delivery method other than the cheapest standard delivery we offer), to you immediately and no later than fourteen days from the date on which we received notice of your withdrawal from this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to send you a refund until we have received back the goods or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and within fourteen days of the day on which you notify us of the withdrawal from this contract at the latest. This period shall be deemed to have been observed if you send out the goods before the fourteen-day period has expired. You are responsible for the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is attributable to handling the goods in a way that is not necessary for checking their condition, properties or functionality.

(3) Special information – exclusion of the right of withdrawal

According to Sec. 312g para. 2 BGB, a right of withdrawal of contracts does not exist for contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer, or are highly perishable, or which may quickly pass their expiration date. Furthermore, there is no right of withdrawal for the delivery of sound or video recordings or computer software in a sealed package if this seal was removed after delivery.

Sample cancellation form

If you wish to withdraw from the contract, please complete and return the form to:

Withdrawal

To:
Gebr. FALLER GmbH
Kreuzstrasse 9
D-78148 Gütenbach, Germany
Fax: +49 (0)7723/651-123
Email: info@faller.de

I hereby withdraw from the contract concluded by me for the purchase of the following goods (please fill out):

Ordered on/received on (strike through as applicable):

Name of the consumer:

Address (street):

Address (postcode, city):

Signature (only for communication on paper):

Date:


SECTION 12
Information on data processing

(1) Faller shall process personal data in compliance with all data protection legal requirements. Information on data processing can be found at: www.faller.de/en/data-protection.

(2) Faller makes regular checks on credit ratings when concluding contracts and in certain cases, where a legitimate interest exists, on existing customers. In order to do so, Faller cooperates with Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss, from which company Faller receives the necessary data. For this purpose Faller shall transmit your name and contact details to Creditreform Boniversum GmbH. The information on data processing to be carried out at Creditreform Boniversum GmbH, as set out under Article 14 of the EU General Data Protection Regulation (GDPR), can be found here: www.boniversum.de/eu-dsgvo.


SECTION 13
Note on returning batteries

(1) Batteries may not be disposed of with normal household waste. If the product comes with power packs or batteries, you are legally obliged to separately dispose of used batteries or power packs. Normal household quantities may be returned free of charge to any point of sale or to public collection points. Batteries that were sold by Faller may be returned to Faller.

(2) Batteries and power packs containing harmful chemicals are marked with the symbol of a crossed-out trash can. The symbol of a crossed-out dustbin means the battery must not be disposed of in domestic waste.

Hg = the battery contains more than 0.0005% by mass of mercury.

Cd = the battery contains more than 0.002% by mass of cadmium.

Pb = the battery contains more than 0.004% by mass of lead.

This information can also be found in the safety instructions, which are attached to products with batteries or power packs.


SECTION 14
Information according to the Consumer Dispute Settlement Act (VSBG)

Faller is neither prepared nor obligated to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).


SECTION 15
Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr/. Faller’s email address is: info@faller.de.


SECTION 16
Closing provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between Faller and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, the choice of law shall not apply to consumers insofar as this would deprive the customer of the protection granted to him or her by those provisions from which the law of the country in which the customer has his or her habitual residence may not be deviated from by agreement.

(2) If the customer is a businessman, legal entity under public law, or a separate estate under public law, the exclusive place of jurisdiction for all disputes arising under this contract shall be Faller’s registered office (Gütenbach). This shall also apply if the customer does not have a general place of jurisdiction in Germany or if the habitual residence is not known at the time the lawsuit is filed. Faller is also entitled to bring an action at the location of the customer’s registered office.

(3) In the event of one or more of clauses of this contract being or becoming invalid, this shall not affect the validity of the remaining clauses. The ineffective clauses, if any, shall be replaced by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.


As at December 2021