General Terms and Conditions

   Fabfive24

   Owner Beric Schwarzhaupt
   Sternstr. 3
   63450 Hanau

   DE 1128 35397

  Telefon +49 6181 - 257350
  Fax       +49 6181 -  257352
  shop(at)fabfive24.com

1. Scope of application

All Orders, services and offers performed by FABFIVE24 (Owner Beric Schwarzhaupt) shall be carried out solely on the basis of the following General Terms and Conditions. These terms and conditions are integral part of all the contracts of any item in the online shop made between FABFIVE24 and the customer. We shall not accept provisions in derogation of these terms unless they have been confirmed by FABFIVE24 in writing.


2. Services

You can order online clothes as well as sport articles in our online shop for private use only. You may not place any order for commercial purposes.


3. Contractual languages

Contractual languages are German and English.


4. Contract conclusion / Order transaction

The product description in the online shop is not a legal binding product offering but a non-binding online catalogue.
By entering his data and clicking the ordering button at the final step of the ordering process the seller places a binding ordering of the chosen goods. For this a confirmation window with your ordering details will open before ending the ordering process. There you can supervise and modify your order data.
After placing your order FABFIVE24 will send an email to the customer that confirms that the order was received (Order Confirmation). The Order Confirmation does not yet constitute a binding contract of sale; it is merely for your information, to let you know that we have received your order. A binding contract of sale shall come into being when FABFIVE24 confirms the product shipping (Shipping Confirmation) or acknowledges the order with a 2nd email. Your contractual partner is FABFIVE24 (Owner Beric Schwarzhaupt).
You can check anytime your order data after placing the ordering in 'My account'.


5. Return policy

Customers have the right to return the received items under the below-mentioned conditions. The deadline for returning goods is 14 days.

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Return instructions

RIGHT OF RETURN
RIGHT OF RETURN

You can return the received goods without giving reasons within 14 days by returning said goods. These return instructions will be conveyed in text form in a separately sent notice following your order placement.

The period for returning goods begins at the earliest with the receipt of the instruction for the right of withdrawal in text form (e.g. in a letter, fax or e-mail) but not before the receipt of the item (in case of periodical delivery of the same item not before the receipt of the first delivery) and not before complying with our information duty according to sec. 312 c, subs. 2 BGB in conjunction with sec. 1 subs. 1, 2 and 4 BGB-InfoV and also not before complying with our duties according to sec. 312, subs. 1, clause 1 BGB in conjunction with sec. 3 BGB-InfoV of the German Civil Code. You can place your return request in text form only in case of non package transportable items (e.g. bulky goods).
To ensure keeping the term, send the goods or your return request within the term. The return will be made by all means at seller's risk and expense for costumers in Germany. All other countrys at the buyers risk and expense.

Please send the goods or your return request to:

Fabfive24
Sternstr.3
63450 Hanau
Germany

Fax: +49 (0) 6181 / 257350
eMail: shop(at)fabfive24.com

RETURN CONSEQUENCES
In case of an effective return, the services received reciprocally are to be guaranteed back and, as the case may be, use drawn by the beneficiary (e.g. functional advantages) is to be released. In case of item deterioration, value compensation might be demanded. This does not apply, if item deterioration only happened during examination -as it usually would happen in the shop. You can avoid value compensation by not using the item as the owner and omitting everything that might affect its value. The duty of restitution shall be fulfilled within 30 days. The period commences for the buyer after returning the item or sending the return request, and it begins for FABFIVE24 after receiving said item.

EXCLUSION OF RIGHT OF RETURN:
According to sec. 312 d subs. 4 Nr. 2 BGB right of return or cancellation shall not be applied to distance contracts to supply audio- or videotaping or software as far as they have been unsealed.
Plastic sealed or sealed data carrier like CDs, VHS videos or DVDs, Headphones can only be returned when the seal or plastic seal foil are undamaged.

END OF THE RETURN INSTRUCTIONS

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6. Delivery/ Transportation

The item will be delivered to the customer's given address. You will get your item, if possible, in only one package via DHL or UPS. There are no additional costs if your order requires a separate delivery due to technical or logistic reasons because of e.g. containing items that have to be packed separately or delivered in different ways.
The mentioned delivery times by orders paid by cash in advance apply upon receipt of payment. A delivery within Germany -usually via UPS or DHL- takes 1 to 3 working days. International shipping might take 3 to 7 working days (weekends and holidays excluded).


7. Pricing and delivery costs

Prices are valid as shown on the website when the order is processed. All prices are in euros and include the applicable sales tax (V.A.T).
Delivery costs are added extra. Free shipping for orders over 60,00 € within Germany.
Free Shipping on oders over 80 € in the Netherlands and Austria. You will find more information in the shipping policy section.


8. Payments

You can choose between the following payment methods:

Please click this link for your options..


Please include ordernumber! Bank Information: Frankfurter Volksbank IBAN  DE 305 019 0000 620 150 2142 BIC FFVBDEFF


9. Retention of Title

The goods are and remain property of FABFIVE24 until the complete payment of the invoice sum is made.


10. Warranty

The current legal rights will be applied in case of a defect in the delivered item. Claim for damages are in turn bound to the special provisions in section 11.


11. Liability

Customer claims for compensation are irrespective of their cause in law excluded - unless otherwise herein after called arisen.
The present limitation of liability does not apply in case of personal injury, of wilful or grossly negligent damage or of a violation of essential contractual obligations. It further does not apply as far as guaranteed characteristics of state have been made or a claim is established in accordance with the German Product Liability Act (Produkthaftungsgesetz)

In the case of negligence causing the violation of essential duties arising from the contract, FABFIVE24 shall be liable for property damages up to a maximum of the amount foreseeable for this kind of contract.

Liability is limited or excluded for legal representatives or assistants of FABFIVE24, as far as this applies to FABFIVE24.


12. Links/ Copyright

FABFIVE24' website may contain links to other sites in the Internet. FABFIVE24 points out specifically that these sites are owned by third parties and that FABFIVE24 has no responsibility for the content of such web sites. FABFIVE24 checked for statutory violations in the content of the above mentioned sites at the time of its linking and no such infringement could be found. A periodical supervision of the linked sites without any palpable indication is not reasonable. However, any infringement report will lead FABFIVE24 to delete the respective links immediately.
You may not use, duplicate or republish in particularly the copyrighted content included in this Site (especially texts, pictures, graphics, design, etc.) without express written permission from FABFIVE24.


13. Duty of secrecy and security

The orders as well as the personal information given by the customers will be recorded by FABFIVE24.
These data will be only used and processed within the scope of the applicable Data Protection Act. All personal data, like the address, and all credit card data are encrypted by making use of a SSL-transmission in order to secure the transfer of data through the internet.


14. Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and under exclusion from the UN sales law - unless opposed by any obligatory international consumer protection law.


15. AOB (Any other Business)
Should individual clauses in these conditions be or become invalid, the validity of the other clauses or the other parts of such clauses shall remain unaffected.

Last updated: 01.08.2010