General terms and conditions
§ 1 Design Company
Fab.com GmbH ("Fab.com") operates the design company Fab.com (eu.fab.com) on the internet. Among other things, the design company Fab.com consists of the website eu.fab.com (the "Fab.com website") and other contents, which Fab.com provides directly on the internet (“services”). You can become a member of the design company Fab.com. Fab.com conducts sales campaigns on items for members of the design company the number and time period of which will be limited (“sales campaigns). You do not need to be a member to visit the Fab.com website or, in particular, to see impending sales campaigns (“user”). A user must be a member to purchase products. A user must register to become a member (§ 3). You will receive personal information about impending sales campaigns via Fab.com's e-mail service, provided that you have agreed to receive these e-mails. The prices shown on the website are final and include VAT. Freight costs will be shown separately in a manner comprehensible to you.
§ 2 Validity of the general terms and conditions
2.1 By declaring your agreement at the time of registration, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as "GTCs"). These GTCs define the conditions under which you may use the services provided by Fab.com. 2.2 You can download, save and print these GTCs at any time via the "GTC" link on the Fab.com website. 2.3 The general terms and conditions of users, members and partners will not apply to any direct business with Fab.com, even if not explicitly refuted by Fab.com and/or if Fab.com provides services without objection. This also applies if the user, member or partner has prescribed a special format for filing objections. Deviating terms and conditions will not apply unless this has been explicitly confirmed in writing in advance by Fab.com. 2.4 The contract language is German.
§ 3 Registration, termination and restriction of membership
3.1 Registration with the design company Fab.com is free of charge. By registering you become a member. However, registration and membership do not give rise to any costs or obligation to purchase on your part. There is no legal entitlement to the conclusion of a contract as a result of registering or becoming a member. 3.2 The data requested during the registration process and during the life of the membership must be provided fully and correctly, including in particular a fully functional e-mail address, as a precondition for membership. Where the data provided to Fab.com change, the member is obliged to update his account with immediate effect. 3.3 You may only register once as a member of Fab.com. Simultaneous registration of several membership accounts is not permitted. Any circumvention of these regulations is prohibited and may result in the termination of your membership by Fab.com. 3.4 Members are obliged to keep their password confidential and to prevent any unauthorised access to their member account. Members are obliged to inform Fab.com with immediate effect if there is any indication that a member account has been or might be abused by a third party. 3.5 Fab.com will delete member accounts that have been inactive for a period of 6 months or whose holders can no longer be reached at the e-mail address stated. 3.6 Members can cancel their membership of Fab.com with immediate effect at any time free of charge. A cancellation may take the form of an e-mail sent to customer services. 3.7 Fab.com can duly cancel any member's membership at any time, subject to a notice period of 14 days. 3.8 Fab.com may block, restrict or terminate a member's membership without adherence to this notice period if there is reason to believe that the member has violated legal regulations, the rights of third parties, these GTCs or the shop regulations. When choosing a measure, Fab.com takes into account the legitimate interests of the member concerned, especially whether there are any indications that the member is not responsible for the violation.
§4 Conclusion of contract and reservation of title
The description of products and presentation of goods on the Fab.com website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers within the meaning of § 13 of the BGB, i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Only the normal volume required by a household may be ordered. Fab.com reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by the design company, you must take the following steps: Place an article in the basket. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Send your order by pressing the "Place Order" button. By forwarding your online order, you are making Fab.com an offer to conclude a legally binding contract. By clicking on the "Place Order" button, you are placing a binding order for the goods in the basket, confirming that you are authorised to place such an order, i.e. minors must have the permission of their legal representatives. Immediately on receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain the property of Fab.com until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform Fab.com immediately. If, before concluding the contract, Fab.com finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, Fab.com should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls) by our suppliers (where Fab.com is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case Fab.com will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you. Fab.com is entitled to reject any offers made by you without citing reasons. Fab.com particularly reserves the right to reject an offer where: the delivery address is outside Germany or Austria; there are indications that the person ordering the goods is not a consumer; an order exceeds the normal volume required by a household; the payment is not received, even after a reminder has been sent and a payment period stipulated.
§ 5 Use of the design company Fab.com
5.1 Fab.com offers the services solely within the framework of the acknowledged state of technology. Fab.com may restrict the services where this is required owing to capacity limits, the security or integrity of the server or to carry out technical activities to provide for or to improve existing services (maintenance work). For technical reasons in particular, it may sometimes not be possible to make full use of the services (unforeseen system failures). 5.2 It is prohibited to use the services in a manner that violates statutory obligations, the rights of third parties or public morals. It is furthermore prohibited to make use of the services in a manner that constitutes abuse or that may adversely affect the reputation of Fab.com. In particular, it is prohibited to use the services for the following purposes: to carry out and/or promote anti-competitive activities, including progressive customer recruitment (such as chain, pyramid or snowball schemes); to make use of content that is deemed pornographic or that violates youth protection laws or to advertise, offer and/or sell pornographic products or products that violate youth protection laws; to abuse our services by, for example, making use of malware such as "robot-reader", "spider-reader" or "offline-reader"; to upload content subject to copyright to our service, unless the user has the right to the use of such content or has obtained the required permission; to use the design company Fab.com in a manner that adversely affects the availability of our services to other users; to disseminate offensive, racist or otherwise illegal content or information via our services, including slanderous or libelous content, irrespective of whether this content concerns other users, employees of the company or other persons or companies; to use photos with a defamatory, offensive, racist or otherwise illegal or immoral content; to send out chain letters; to intercept or attempt to intercept messages; to advertise for shopping clubs; to send out messages for any commercial purpose; to make use of our services to threaten or unduly harass other people (especially by sending them spam mail) or to violate the rights of third parties (including their personal rights); to make use of the temporary e-mail addresses of so-called 10-minute mail services; and/or to publish the names, addresses, telephone or fax numbers, e-mail addresses, user names and/or other contact data of messenger services. 5.3 Fab.com has checked and uploaded its own content on the Fab.com website to the best of its knowledge and belief. Fab.com does not generally verify the content published by third parties on the Fab.com website. Nor does Fab.com generally verify other websites that can be reached by clicking on the Fab.com website, thus no responsibility can be taken for the form, accuracy, appropriateness or quality of such content. Fab.com will remove or suppress any content uploaded by third parties or refuse to provide links if Fab.com should find that there is any indication that the content uploaded or other websites might infringe the law or violate these GTCs.
§ 6 Conditions governing competitions, lotteries or campaigns
The following conditions apply to any competitions, lotteries or other campaigns (hereinafter referred to as "promotions") organised by Fab.com: The winners or beneficiaries are selected from all persons who have participated in the campaign and have fulfilled the requirements stipulated by Fab.com. The winners or beneficiaries are informed by Fab.com via the e-mail address they stipulated at the time of registration. If the e-mail contains the stipulation that the winner or beneficiary is obliged to contact Fab.com within a specific period to accept the prize, entitlement to the prize will expire once this period has passed if the winner has failed to make such contact. The prizes or benefits awarded as part of a promotion cannot be exchanged or paid out in cash. The participants in a promotion agree that, in the event of winning, their names will be mentioned on the Fab.com website and in other Fab.com services as well as in press releases. Fab.com may exclude participants from a promotion if they have manipulated the competition or promotion mechanisms by using unfair means or in violation of these GTCs. At its own discretion, Fab.com may punish such manipulations by excluding the perpetrators from membership in the design company. Fab.com reserves the right to cancel promotions or to extend them beyond the original period.
§ 7 Inviting friends, product and sales campaign recommendations
7.1 Members can invite other friends to join the design company Fab.com on the Fab.com website. Members also have the option of recommending sales campaigns or individual products to third parties by e-mail. 7.2 Members undertake to forward newsletters, sales campaigns and product recommendations only to the e-mail addresses of existing, living natural persons who have previously expressed an interest in this regard and who have explicitly consented to receive the corresponding e-mail. In the event of a dispute, a corresponding written statement in this regard will be required.
§ 8 Promotional coupons / credit balances
The following conditions apply to Fab.com promotional coupons (and mutatis mutandis Fab.com credit balances): Fab.com coupons for goods can be redeemed for all products uploaded on the Fab.com website unless the redemption of Fab.com coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party; such is expressly indicated in either instance. The purchase price of the products ordered must at least equal the value of the coupon, unless otherwise indicated at the time the coupon is issued. Fab.com coupons for freight costs can be redeemed against the freight costs incurred when ordering products on the Fab.com website, unless the redemption of Fab.com coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party. The value and validity period of Fab.com coupons is shown in "My Account" or in the form of codes made available to you personally. Codes expire once they have been used. The period of validity and/or minimum order value or other conditions are determined by Fab.com and announced as part of the corresponding promotion. In this case, the minimum order value refers to the purchase price, including value-added tax. Freight costs are not taken into account. Only one Fab.com coupon can be used per order and several Fab.com coupons may not be combined. If you cancel the purchase of an item for which you have used a Fab.com coupon, the coupon amount will not be reimbursed and the coupon cannot be used again. This does not apply if you have obtained the Fab.com coupon directly from Fab.com against payment. You cannot acquire a Fab.com coupon using a Fab.com coupon that you have not directly obtained against a monetary payment. Fab.com coupons cannot be paid out in cash or attract interest. Fab.com coupons are personally issued to a member and cannot be transferred to third parties. Where Fab.com becomes aware of the transfer of a coupon, Fab.com reserves the right to declare the corresponding coupon invalid. Where Fab.com has indicated that the coupon is valid only for new customers, such a coupon will only be issued when a person registers as a member of Fab.com for the first time. With the exception of a loss of a coupon for which Fab.com is responsible, Fab.com does not accept liability for the loss or theft of any coupon. Replacement coupons are only issued when Fab.com is liable for the loss of the coupon. The shop regulations may contain further conditions or restrictions for the redemption of promotion coupons; alternatively such conditions or restrictions may be indicated when issuing the coupon.
§ 9 Warranty and liability
9.1 The warranty is governed in principle by the laws of the Federal Republic of Germany. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction. 9.2 Fab.com’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. Fab.com only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. Fab.com only has statutory liability where Fab.com is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfillment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. Fab.com also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act. 9.3 The same limits on liability in damages towards consumers apply to companies that directly or indirectly participate in sales campaigns contrary to § 4, with the further proviso that liability in damages is limited to foreseeable loss or damage typical of the contract except in the case of liability for willful acts or for death, personal injury or damage to health. 9.4 The aforementioned liability exclusions and limitations with regard to companies or consumers do not apply where Fab.com has given explicit guarantees.
§ 10 Disclaimer
The user indemnifies Fab.com against all claims by third parties instituted against Fab.com for violating their rights or these GTCs, the shop regulations or laws governing the use of the design company Fab.com. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor's fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide Fab.com with all information that may be required to verify the claims and to defend the case - immediately, truthfully and completely - in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.
§ 11 Copyright and rights of use
The content provided by the design company Fab.com is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
§ 12 Cost-paying agreement on withdrawal
If you make use of your right of withdrawal you must bear the standard cost of return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed 40€, or, in the event of a higher price, if you have not yet made payment or a contractually regulated part payment at the time of cancellation. In all other cases, return of the goods will be free of charge to you. Any goods that cannot be sent by parcel mail will be collected at your address.
§ 13 Concluding conditions
13.1 If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties. 13.2 Only the laws of the Federal Republic of Germany will apply, to the exclusion of the UN Convention on the Sale of Goods and any renvoi to foreign law. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected. 13.3 If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Germany or in another EU member state, Berlin will be the place of jurisdiction for any disputes arising from this contract. 13.4 With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.
Right of withdrawal
You may withdraw from your contract within a period of 14 days, without citing any reasons, provided that this is done in writing (e.g. letter, fax, e-mail) or - when you have received goods - by returning the goods in question. This period starts on receipt of this policy in text form, but not before receipt of the goods by the recipient (or before receipt of the first partial delivery in the case of repeated deliveries of similar goods) and not before fulfilling our information obligations in terms of Section 246 §2 in combination with §1 Par. 1 and 2 of the EGBGB (Introductory Act to the German Civil Code), and also not before we have fulfilled our obligations in terms of § 312 g Par. 1 No. 1 of the BGB (German Civil Code) in combination with Section 246 § 3 of the EGBGB. The withdrawal period will be deemed to have been adhered to if the cancellation or goods are dispatched in a timely manner. The letter of withdrawal must be addressed to: Fab.com GmbH Rungestrasse 22-24, 3. Hof D-10179 Berlin E-Mail: email@example.com For returns, please follow the instructions under My orders and only send them to the following address: Fab Retourenservice c/o DHL Home Delivery GmbH / Tor 400 Vor der Hecke 10a 34355 Staufenberg
Consequences of cancellation
In the event of a valid withdrawal, the services received by both parties are to be returned and any benefits obtained (e.g. interest) are to be reimbursed. Where the services received or use granted (e.g. user benefits) are either not returned or only partially returned or returned in a deteriorated condition, you will be liable for reimbursement of their value. You will only have to reimburse the value of deteriorated goods or benefits utilised where such utilisation and/or deterioration can be traced back to any handling of the goods that exceeds assessing their characteristics and function. The term "assessing the characteristics and function" includes testing and trying out the goods in question, as would be possible and usual in a shop. Any goods that can be sent by parcel mail are to be forwarded at our risk. You must bear the standard costs of return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed 40€, or in the event of a higher price if you have not yet made payment or a contractually regulated part payment at the time of cancellation. In all other cases, return of the goods will be free of charge to you. Any goods that cannot be sent by parcel mail will be collected at your address. Any obligations to reimburse payments must be fulfilled within 30 days. For you, this period starts with the dispatch of your cancellation statement or the goods, while for us it starts with the receipt of such a statement or the goods.
Exceptions to the right of withdrawal:
The right of withdrawal does not apply in the event of § 312 b Par. 3 BGB or § 312 d Par. 4 BGB. We will keep you informed on the relevant product page.
When you make use of your right of withdrawal and the return of the goods is free of charge to you in terms of the condition of the cost payment agreement, simply go to the Fab website, click on "My Account" and print a return receipt free of charge to initiate the return, paste the return receipts on your parcel and take it to your nearest post office. If you return the goods to us by conventional, post-paid mail, despite our offer of free return, you will be responsible for the additional costs incurred in returning the goods. We will not accept any parcels returned via freight forward/COD.