Legal Information
All orders placed by the customer via this website as well as our deliveries and services are governed exclusively by the general terms and conditions of business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
The presentation of products on our website does not constitute any offer by Falkenberg Department Store (hereinafter Falkenberg) for a purchase contract.
By submitting the order form provided on this website to Falkenberg the customer is placing a binding offer for a purchase contract with Falkenberg. The customer submits an offer by entering all required information during the ordering process and posting the order form to Falkenberg by using the button “send”.
Falkenberg can accept the offer of the customer within five days by sending a written order confirmation (letter, fax or e-mail). In case Falkenberg does not accept the customer’s offer in due time, the offer shall be deemed rejected. The customer shall no longer be bound by the offer.
Falkenberg has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
In case Falkenberg can not accept the order, Falkenberg will notify the customer either by phone, e-mail or post.
The goods offered at falkenberg-muenchen.com are presented on the website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
Unless agreed otherwise, delivery will be made by DHL for stored goods within five business days to the shipment address specified by the customer, depending on the shipment method and place of delivery chosen in Germany. Delivery is effected to countries within the European Union only. The delivery period is 7-10 days to other EU countries.
If the customer has ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.
In case the forwarding agent returns the items sent to Falkenberg because it was unable to deliver the items to the customer, the customer shall bear the costs for the unsuccessful delivery. This shall not apply in case the customer exercises its right of cancellation by refusing to accept the items, in case the customer is not responsible for the circumstances which led to the unsuccessful delivery or in case the customer was temporarily prevented from accepting the delivery, unless Falkenberg informed the customer of the delivery time in advance and in due time.
In case the items ordered are temporarily not available, Falkenberg shall inform the customer of the expected new delivery period. In case such new delivery period is unreasonable for the customer, the customer is entitled to withdraw from the agreement. In case of permanent unavailability Falkenberg shall be obliged to inform the customer accordingly without delay. In this case both parties are entitled to withdraw from the agreement. Falkenberg shall be obliged in this case to reimburse the payments made without delay.
Parcels (for example clothing, accessories, small lights, jewelery, books) are delivered free of charge within Germany from a value of € 150,00. For a value of less than € 150,00 a flat rate of
€ 6,90 will apply.
Freight forwarding goods are delivered free of charge within Germany from a value of € 850,00. For a value less than € 850,00 there will be charged 5% of the value of the goods, but at least
€ 9,00 for shipping.
Unless otherwise specified by the customer, the delivery of the goods is made to the billing address. If a delivery address deviating from the billing address is requested, this must already be stated during the ordering process. A later alteration of the delivery address is unfortunately not possible.
The prices include the statutory value added tax.The customer pays in advance via bank transfer. Payment shall be due immediately after conclusion of the agreement. The goods will be dispatched only after the full amount has been credited to our account. Falkenberg may withdraw from the contract in case payment is not received within two weeks following the conclusion of the agreement.
NOTE: Any transfer costs are to be borne by the customer.
If there is a defect in the purchased item, the customer may demand supplementary performance (removal of defects or replacement). If the supplementary performance fails, the customer can withdraw from the contract, reduce the purchase price or claim damages in the case of a not insignificant defect. Unless otherwise stated below, further claims of the purchaser – for whatever legal reasons – are excluded. Falkenberg is therefore not liable for damages that have not occurred on the delivery item itself, in particular, Falkenberg is not liable for lost profits or other financial losses of the purchaser. Any exclusion or limitation of the liability of Falkenberg shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
Falkenberg’s liability is limited as follows: Falkenberg shall only be liable for damages if the cause of damage is based on gross negligence or intentional breach of obligations by Falkenberg or by one of Falkenberg’s legal representatives or agents.
The above limitation of liability does not apply if the cause of the damage is due to intent or gross negligence or if personal injury has occurred. Furthermore, it does not apply if the customer asserts claims from §§ 1.4 Product Liability Act. If Falkenberg negligently violates a contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage. If the supplementary performance is carried out by means of a replacement delivery, the customer is obliged to return the goods delivered first to Falkenberg. Subsequent performance will only be effected when the goods delivered first have arrived at Falkenberg. Exceptions require a separate agreement.
The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law.
The customer may repeal the contract of purchase within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day that the customer or an assigned third party, who may not be the carrier/courier, took said commodities into their possession. In case the agreement pertains to several items, which the customer ordered in one order and which are delivered separately, the period of cancellation shall commence on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last good. In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of cancellation commences on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last separate consignment or part.
In order to exercise the right of cancellation, the customer has to inform Falkenberg in writing (for example by letter to be sent by mail, fax or e-mail) to
Falkenberg Department Store
Franz-Joseph-Straße 21,
80801 München
Germany
and by sending us an explicit declaration stating that the customer is repealing the contract of purchase (for example: by sending us a letter in the mail, fax, or an email). It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted. Goods that do not reach Falkenberg and for which there is no proof of return are deemed not to be returned. The proof obligation is to the customer.
If the customer repeals the contract of purchase, Falkenberg is obligated to refund all payments received from the customer, excluding shipping costs, immediately and within 14 days at most, effective the day that Falkenberg receives the customer’s repeal. The payment method which was used to make the transaction will also be used for the reimbursement, unless Falkenberg has explicitly agreed to something else. The customer will not be charged any fees for the reimbursement. Falkenberg reserves the right to withhold the reimbursement until Falkenberg has received the returned items or until Falkenberg has received the customer’s notification that the customer has returned the items, whichever comes first. The items have to be sent back to Falkenberg immediately and no later than fourteen days after the date on which the customer has notified Falkenberg of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at the customer’s expense.
The customer is required to compensate Falkenberg for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality. Used items or items with signs of usage are excluded from the cancellation policy.
The cancellation policy is only in place if the product bought hasn’t been customised or altered. Personalisation of garments renders the cancellation policy inactive.
Falkenberg uses the customer data for the purpose of processing orders and payment transactions and maintaining the current customer relationship. In addition, the data will also be used to improve the website, to prevent or detect misuse of the website or to enable third parties to carry out technical, logistic or other services on our behalf. Falkenberg warrants to use the data exclusively for this purpose.
Each product delivered remains Falkenberg’s property until Falkenberg has received payment in full.
The place of fulfillment for the mutual obligations arising from the contractual relationship is Munich.
The parties agree to Munich as the locally competent court for all disputes arising from the contractual relationship. The parties also agree in particular to the order for payment procedure as locally competent court Munich. These agreements also apply to claims arising from checks and bills of exchange. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
Falkenberg Department Store
Date of May 2019
