You will find below our shipping terms subdivided into different areas. When remitting our products to the express companies we commission, we differentiate between deliveries within Germany and deliveries to the other countries in the European Union (EU). Please note that products will be shipped within the EU only, and that your order can only be processed if the country stated in your destination address is identical with the country stated in the invoicing address.
For goods up to EUR 500.00
For orders over EUR 500.00 cost of goods (incl. increased insurance)
For goods up to EUR 500.00
For orders over EUR 500.00 cost of goods (incl. increased insurance)
Terms and Conditions of Sale (TCS) of Gebr. Faller GmbH – hereinafter called ‚Faller‘ -, Kreuzstrasse 9, D-78148 Gütenbach for orders placed in the online shop at www.car-system-digital.de
Scope of application, Definitions
1) The following Terms and Conditions of Business and Sale shall apply to all distance selling contracts (mail orders) concluded between the buyer and Faller via the website www.car-system-digital.de for the delivery of products selected from the range offered in the online shop at www.car-system-digital.de. Any differing terms of the buyer that are not expressly approved by Faller in writing shall not be applicable to the contract concluded.
(2) The customer is deemed to be a consumer in so far as the purpose of the consignment and services ordered cannot be ascribed to his commercial or free-lance activity. The customer is deemed to be a business owner in so far as he acts in pursuance of his commercial or freelance activity when concluding the contract. A business owner may be any natural or juristic person or any partnership having legal capacity. If the order serves both purposes, the purpose that predominates shall be decisive for the classification.
Conclusion of contract
(1) The contract is concluded with the order being placed by the customer (customer’s application) and that order being accepted by Faller. The goods and services listed on the website www.car-system-digital.de are only meant to be an invitation to submit orders to Faller.
((2) The contract can exclusively be concluded in German language. The contract shall be signed with:
Gebr. Faller GmbH
Phone: +49 (0)7723/651-0
Fax: +49 (0)7723/651-123
Listed in the Commercial Register of the Local Court of Freiburg with No. HRB 610917.
(1) The customer may select some goods from the range available in the online shop and gather them in a virtual shopping basket using the »Add to Basket« button. Via the ‘Send Order’ button the customer submits a binding application for buying the goods contained in the shopping basket.
(2) Prior to sending the firm order the customer can examine the data he has entered and modify them using the »Edit Basket« button. Goods can be removed from the shopping basket by clicking on the Recycle Bin icon.
(3) The application for buying products cannot be submitted and transmitted to Faller until the customer has accepted the present contractual terms and conditions, and thus included them into his application, by ticking the box »I have read the Terms and Conditions of Sale as well as the Provisions on Data Privacy Protection – and I agree.« The Terms and Conditions of Sale and the Provisions on Data Privacy Protection are stored under that box and can be called up by the customer.
(4) To place an order, the customer has to register. The text of the contract will be stored at Faller. That text can be examined by the customer in his/her online profile (»My Account«) after he has sent his order. Contractual statements can be printed out via the Print button.
Confirmation of receipt/Acceptance of the application
(1) After receiving the customer’s application Faller sends him by e mail an automatic confirmation of receipt that mentions again the contents of the customer’s order and can be printed out by the customer in his own premises through the »Print« function. Such automatic confirmation of receipt merely documents that the customer’s application has been received in Faller’s computer and does not represent any acceptance of the application.
(2) The contract is not concluded until Faller has transmitted a notice of acceptance sent by separate e-mail (containing a confirmation of dispatch).
Delivery, Availability of goods
(1) If, at the time the customer has placed his order, a product he has selected is not available, Faller shall inform the customer without delay. Articles are available while stocks last. If a product is not available for a long time, Faller will not send any confirmation of acceptance. In such a case the contract will not be concluded, and Faller shall also inform the customer of that fact as soon as possible.
(2) The goods ordered shall be dispatched within 14 days of concluding the contract, for the home market. Should dispatch not be possible within that period of time, then Faller shall advise the customer of such inconvenience without delay.
(3) Delivery is also deemed to have been made to the customer whenever the consignment has been handed over to any person living in a joint household with the customer. Whenever some products are not available partial deliveries are permitted if this is a reasonable solution for the customer. On doing so, Faller undertakes to bear any additional shipping costs.
Prices and Shipping costs
(1) All prices stated by Faller in its online shop are to be understood inclusive of the legal value added tax applicable at the time.
(2) Shipping costs are displayed in the ordering mask. Shipping costs shall be borne by the customer as far as the latter does not make use of his right of cancellation according to Art. 10. When dispatching goods within Germany shipping costs amount to EUR 5.95. For goods totalling a value of EUR 500.00 and more, shipping is made inclusive of increased insurance and free of charge. When dispatching goods within the European Union shipping costs amount to EUR 10.95. For goods totalling a value of EUR 500.00 and more shipping is made within the European Union inclusive of increased insurance and free of charge.
(3) When dispatching goods to destinations outside Germany additional costs for shipping, handling and customs may be incurred. Such costs depend on weight, size, value and destination country. A »Shipping Terms« table from which the costs can be inferred is stored in the footer of the ordering mask of the online shop via the link »Shipping«. Faller shall draw the attention of any customer residing outside the European Union whenever Faller cannot commission any fulfilment partner and the customer will have to carry out custom clearance on his own.
(4) Goods are shipped via a suitable logistics enterprise. The shipping risk shall be taken on by Faller whenever the customer is a consumer (Art. 1, parag. 2).
(1) The customer can pay cash before delivery or via PayPal. It is not possible to make any payment by sending bank notes or cheques. We expressly assume no responsibility for any loss – except in case of intent or gross negligence on the part of Faller or a legal representative or an agent.
(2) In some individual cases Faller also reserves the right to refer to another mode of payment.
(3) Payment of the purchase price shall be due immediately on conclusion of the contract. If maturity of the payment is governed by the calendar, the customer will be in arrears as soon as payment fails to be made on due date. In such a case he shall have to pay Faller default interest amounting to five per cent above the basic interest rate.
(4) The customer shall be entitled to offsetting with counterclaims only if such counterclaims are undisputed or recognised by declaratory judgment. The customer may exercise a right of retention only if his counterclaim is based on the same contractual relationship.
(5) The ownership of the goods shall remain vested in Faller until payment has been made in full.
Warranty for defects, guarantee
(1) Faller shall assume responsibility for material defects according to the statutory provisions applicable to this matter, in particular pursuant to Art. 434 et seq. of the Federal German Civil Code BGB. Towards business owners our obligation under the present warranty is 12 months on all goods supplied by Faller.
(2) An additional guarantee on goods supplied by Faller shall only exist if such a guarantee has been expressly granted for the particular article in the confirmation of dispatch.
(1) Any claim for damages on the part of the customer shall be excluded. This shall not apply to claims for damages resulting from an injury to life, body or health or due to an infringement of major contractual obligations (cardinal obligations) and shall not apply either to the liability for any other damage resulting from intent or gross negligence on the part of Faller or a legal representative or an agent. Major contractual obligations are such obligations which are required for the fulfilment of the purpose of the contract.
(2) In case of any infringement of major contractual obligations Faller shall be liable only for the predictable damage typical of the contract, whenever such damage results from ordinary negligence, unless the customer’s claims for damages result from an injury to life, body or health.
(3) The restrictions mentioned under paragraphs 1 and 2 shall also apply to the benefit of Faller’s legal representatives or agents if claims are asserted directly against these people.
(4) The liability pursuant to the Product Liability Act shall remain unaffected.
Statutory information on the right of cancellation
For consumers the following right of cancellation shall apply:
(1) Right of cancellation
You shall have the right to cancel your contractual statement within 14 days without stating any reasons. The period of time for doing so is 14 days from the day on which you or a third party, who has been designated by yourself and is not the carrier, has taken possession of the last product. To exercise your right of cancellation you must inform us (Gebr. Faller GmbH, Kreuzstrasse 9, D-78148 Gütenbach, Fax: +49 (0)7723/651-123, E-mail: email@example.com) of your decision to cancel that contract, by means of an unequivocal statement (for instance a letter sent by mail, a telefax message or an e-mail). To this end you may use the specimen cancellation form attached (at the end of this page), but the use of that specific text is not mandatory, and you may also electronically fill up and send the cancellation form made available on our website www.car-system-digital.de. Simply make use of that possibility, and we will then be able to send you immediately (e.g. by e-mail) a confirmation of receipt of such cancellation. To observe the time limit it is sufficient for you to send the notification of your cancellation before the expiration of the specified period of time.
(2) Consequences of the cancellation
If you cancel that contract, we shall have to pay you back all payments we have received from you, including the delivery costs (but except the additional costs that may have resulted from your choice of another delivery mode instead of the most advantageous standard delivery mode we suggest), this without delay and within fourteen days from the day of receipt of your notification of cancellation of that contract at the latest. For such repayment we shall use the same medium of exchange you have used for the initial transaction, unless something else has been expressly agreed upon; under no circumstances will fees be charged to you for that repayment. However, we may withhold the repayment until we have received the return consignment or until you have furnished documentary evidence that the goods have been sent back, whichever comes first. You shall have to send us the goods back or hand them over to us without delay, and in any case within fourteen days from the day of sending your notification of cancellation at the latest. The time limit will be observed if you send the goods back before the expiration of the period of fourteen days. You shall have to bear the immediate costs for returning the goods. You shall be answerable for any loss of value of the goods only if such depreciation were attributable to any handling that was not necessary to examine their structure, characteristics and mode of operation.
(3) Particular recommendations – No right of cancellation
Pursuant to Art. 312g, parag. 2 of the Federal German Civil Code BGB the right of cancellation shall not exist for contracts for the delivery of merchandise which is not prefabricated and for the manufacturing of which a specific selection made, or purpose planned, by the customer is essential, or which is clearly tailor-made for the individual requirements of the consumer, or which can quickly deteriorate, or the best before date of which could quickly be exceeded. Further, no right of cancellation exists for the delivery of sound or tape recordings or computer software in sealed packaging whenever the sealing has been opened after delivery.
Specimen of cancellation form
If you want to cancel your contract, please fill up that form and return it.
Gebr. Faller GmbH
Fax: +49 (0)7723/651-123
I herewith cancel the contract I have entered into for the purchase of the following goods (please fill up):
Ordered on/Received on (delete as appropriate):
Address (Post code, Town, Country):
Signature (only for a notification on paper):
Information on data processing
(1) When dealing with contracts Faller collects and processes personal data of customers. They are used to carry out the orders. Personal data are – in part – passed on to third parties to carry out the order, for instance the address is passed on to the logistics service company to ensure the delivery of the goods or the name and address are passed on to obtain credit information from SCHUFA, the German credit reference agency.
(2) The customer may at any time, free of charge, examine or receive information in writing on his data stored at Faller, and determine which data should be deleted.
(3) Moreover, it is possible for the customer to call up at any time, in his profile, the data he has stored under »My Account« using the button »Edit Data«, and to modify them. For the rest with regard to the customer’s consent and further information on the collection, use and processing of data, we refer to the data privacy statement »Public Directory of Procedures as per Art. 4e of the Federal German Data Protection Act (BDSG)« which can be called up at any time in printable form on Faller’s website using the button »Data protection«. Deleting data is not possible until the relevant legal obligations to preserve business records no longer exists.
(4) Without the customer’s consent Faller shall not use any data of the customer for purposes of advertisement, market or public opinion research.
Recommendations for returning batteries
(1) Batteries must not be disposed of via household waste. The customer is under a legal obligation to return used batteries. Quantities as produced in households can be returned to every sales outlet free of charge, to public collecting points or to Faller in case of batteries you bought from us.
(2) Batteries, rechargeable or not, that contain pollutants are labelled with the symbol of a crossed dustbin. Next to the dustbin symbol there is the pollutant’s chemical designation. »Cd« stands for cadmium, »Pb« stands for lead and »Hg« for mercury.
Information according to the German Consumer Dispute Settlement Act (VSBG)
Faller is not prepared – and under no legal obligation – to take part in any dispute settlement proceedings before a consumer mediation agency as defined in the German Consumer Dispute Settlement Act.
(1) For all contracts concluded between Faller and the customer only the Law of the Federal Republic of Germany shall be applicable, under the exclusion of the UN Law on Sales. However, the governing law so stipulated shall not apply in so far as it will deprive the customer of the protection he would be granted by the provisions from which it may not be departed through any agreement, according to the law of the country in which the customer has his usual residence.
(2) If the customer is a business owner, a juristic person of public law or a special fund under public law, the exclusive place of jurisdiction for all disputes resulting from the contract shall be Faller’s registered seat. This shall also apply if the customer has no general place of business in Germany or if his habitual residence is not known at the time of filing the action.
(3) Even if some particular clauses should become legally ineffective, the present contract shall retain its validity in its remaining sections. The ineffective clauses shall then be replaced by the legal provisions in so far as such provisions do exist. However, if such replacement should work unreasonable hardship on one of the contractual parties, the entire contract shall become ineffective.
Status as of: March 2017