Terms and Conditions
Customer information and Terms and Conditions for Germany
These general terms and conditions apply to all orders through www.fab-atelier.com. Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that your are competent to enter into legally-binding contracts and are at least 18 years old. We recognize rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
2. Contracting Party
This Website for selling goods over the Internet is run by Fab-Atelier GmbH, Weisstraße 9, 6112 Wattens, Austria. This is where you can place complaints or assert statutory warranty claims.
You can reach our customer service on any issues at: firstname.lastname@example.org
3. Formation of Contract
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Fab-Atelier GmbH. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor.
- There is no liability for lack of items in stock or for products not being available.
- Fab-Atelier reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities.
- Please note that after your order is confirmed, no requests to change or cancel it can be considered.
5. Reservation of Performance for Undeliverable Goods
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.
6. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process.
7. Payment conditions
The purchase price for goods ordered is due when you place your order. Payment may be by credit card, Paypal or Sofortüberweisung. You may settle our claims for payment only by using uncontested or final and unappealable receivables.
If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.
- Fab-Atelier shall retain the title to the goods delivered until the complete amount has been paid.
- Fab-Atelier shall send the customer an invoice that is payable immediately without deductions upon receipt of the invoice.
- If the invoice is not paid at the latest by the due date, the customer shall be in default, even without a separate reminder. In this case, Fab-Atelier shall be entitled to charge the customer interest on arrears at the applicable statutory rate.
8. Delivery and Reservation of Title
The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 5-7 working days after the working day following your order. Please allow an additional delivery for customized products. Until the purchase price is paid in its entirety, the goods remain our property.
Upon receipt the shipment must be checked for accuracy and completeness.
9. Right of withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. Customized products are excluded from the right to withdraw.
- The withdrawal period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
- To exercise the right of withdrawal, you must inform us (Fab-Atelier GmbH, Weisstraße 9, 6112 Wattens, Österreich, E-mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement.
- We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to the address listed on our Website. The deadline is met if you send back the goods before the period of 14 days has expired.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The customer has to take best efforts to send the products back in original condition with their original packaging and the return voucher must be attached to the products.
- Vouchers and customized products can generally not be replaced or returned.
If you decide to return only part of an order that has been purchased with a discount/offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount. For example, a 10% discount (with a minimum purchase amount of EUR 100) will be removed if the returned product(s) brings the total order value below EUR 100. In case of a promotion with staggered prices, always the lowest amount will be refunded.
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or - if the goods are still deliverable - that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that.
The warranty period is two years from the time the goods are received.
Fab-Atelier GmbH is only liable to you for damage caused intentionally or by gross negligence.
This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb.
Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Fab-Atelier GmbH.
12. Severability Clause
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.
13. Prohibition against Assignment
You may assign your rights under this contract to third parties only with the consent of Fab-Atelier GmbH.
14. Applicable Law
Contracts entered into under these General Terms and Conditions are subject to Austrian law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Innsbruck is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Fab-Atelier GmbH is also authorized to sue at the customer's location.