Terms of service including customer information
The following General Terms and Conditions contain at the same time legal information about your rights according to the regulations on contracts in distance selling and electronic commerce.
- For the business relationship between fabrari e.U., owner: Farnaz Abrari (referred hereinafter as “seller”) and the customer (referred as of “customer”), the following terms and conditions are applicable
- Consumer according to these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither their commercial nor their independent professional activity (§ 13 BGB). Deviating conditions of the customer are not recognized, unless the seller agrees to their validity in writing.
Offers and service descriptions
2.1. The presentation of the items in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the items. For the rest, errors remain reserved.
Conclusion of contract and order transaction
3.1. The customer can select items from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart.
3.2. Afterwards, the customer can use the [Continue to checkout] button within the shopping cart to complete the ordering process.
3.3. With the [Buy Now] button, the customer makes a binding offer to purchase the items in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic order confirmation by e-mail in which the customer’s order is listed again. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The contract of sale is only concluded when the seller sends the ordered item(s) to the customer within 7-10 days shipping to the customer or within 2 days with a second e-mail, express order confirmation or sending the invoice has confirmed.
3.5. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller after renewed request until 7 calendar days after the order confirmation has been sent, the seller will withdraw from the contract with the consequence that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 7 calendar days.
Prices and shipping costs
4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax.
4.2. Shipping within the EU is included in the selling price. For shipping outside the EU, the seller charges shipping for delivery. Should export or import duties be due in the course of shipment, these shall be borne by the customer.
Delivery, product availability
5.1. If no copies of the item(s) selected by the customer are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation. If the product is permanently not deliverable, the seller refrains from a declaration of acceptance. A contract is not concluded in this case.
5.2. If the item(s) designated by the customer in the order is only temporarily unavailable, the seller will inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will refund any payments already made by the customer immediately. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount
6.1. The customer can choose from the available payment methods within and before the order process.
6.2. If payment by invoice is possible, the payment must be made within 7 days of receipt of the invoice. The goods will be shipped after receipt of payment. For all other payment methods, payment must also be made in advance without deduction.
6.3. If third-party providers are assigned with payment processing, e.g. Paypal or Stripe are subject to their terms and conditions.
Retention of title
Until full payment, the delivered items remain the property of the seller.
Guarantee against material deficiencies
8.1. The warranty is determined by legal regulations.
8.2. There is a guarantee on the items delivered by the seller only if expressly submitted.
9.1. For a liability of the seller for damages without prejudice to the other statutory eligibility requirements, the following disclaimers and limitations apply.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller shall be liable for the slightly negligent breach of essential obligations whose breach jeopardizes the achievement of the purpose of the contract or for the breach of duties whose fulfilment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the predictable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, limb or health, for a defect after acceptance of guarantee for the condition of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Right of withdrawal
Resignation by express written declaration
Every customer can withdraw from the contract within 14 days after receipt of the items by sending a written declaration of resignation without giving reasons. It is sufficient if the resignation is sent within this period (date of postmark).
In this case, the customer is demonstrably obliged to return the goods without delay. The return shipping costs (postage) are to be borne by the customer. If the goods have been used and / or damaged, the customer must pay the seller a reasonable fee for the use, including reasonable compensation for the damage incurred – up to a maximum of the value of the items. The declaration of withdrawal must be sent to the following address:
Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back to:
I /we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following item(s):
- Ordered on / received on
- Name of the customer
- Address of the customer
- Signature of the customer ( only if on paper)
(*) Delete as appropriate
Information on the right of withdrawal EU
Resignation by simply returning the goods
The customer can also exercise his right of withdrawal by simply returning the item(s) within 14 days of receipt without written notice of resignation to the seller. In this case the verifiable timely dispatch of the product within the period is sufficient.
The prerequisite for this form of exercising the right of withdrawal by simply returning the item(s) is that the product is not damaged or used and the return is sufficiently postage paid. The seller bears the return shipping costs (postage) only in the case of a wrong or defective delivery.
The risk of the return as well as its proof lies with the customer. In the case of a resignation of the customer (by explicit declaration or simple return of the products), the seller pays back immediately the already paid purchase price – shipping costs are not refunded. When placing an order on an open invoice, a credit note will be issued on the customer account.
Information about the exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of items that are made to customer specifications or clearly tailored to personal needs.
Returning of goods
12.1. Customers are requested to announce the return to the seller prior to return, by email: email@example.com or contact page: www.fabrari.com/kontakt-wien/
In this way, they enable the seller to allocate the products as quickly as possible.
12.2. Customers are requested to send the items back to the seller as a prepaid parcel and to keep the proof of delivery.
12.3. Customers are requested to avoid damage or contamination of the items. If possible, the items should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the seller’s possession, other suitable packaging should be used to provide adequate protection against transport damage and to avoid any claims for damages due to defective packaging.
12.4. The modalities mentioned in this section (no. 12) of the terms and conditions are not a prerequisite for the effective exercise of the resignation acc. No. 10 of these Terms.
Storage of the contract text
13.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
13.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him.
14.1. The seller processes personal data of the customer earmarked and according to the legal regulations.
14.2. The personal data provided for the purpose of ordering items (such as name, e-mail address, address, payment details) are used by the seller for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
14.3. The customer has the right to receive free information about the personal data stored by the seller about him upon request. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as there is no legal duty of retention.
Place of jurisdiction, applicable law, contract language
15.1. Place of jurisdiction and place of fulfilment is Vienna
15.2. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection laws preclude such an application.
15.3. Contract language is German.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr. We are ready to participate in an out-of-court dispute resolution.
Version April 2019