Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Conditions
6. Term and Termination of Subscription Contracts for Goods
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Special Conditions for the Processing of Goods According to Customer Specifications
11. Special Conditions for Repair Services
12. Redemption of Promotional Vouchers
13. Redemption of Gift Vouchers
14. Applicable Law
15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Theodor und Anton Kehler, trading under the name “FAERELLI” (hereinafter “Seller”), apply to all contracts for the supply of goods concluded between a consumer or a business (hereinafter “Customer”) and the Seller with respect to the goods presented by the Seller in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession.

1.4 A business within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

1.5 Depending on the Seller’s product description, the subject matter of the contract may be either the one-time delivery of goods or the ongoing delivery of goods (hereinafter “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to supply the Customer with the contractually owed goods for the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by

• sending the Customer an order confirmation in writing or in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day following the day on which the Customer sends the offer and ends at the end of the fifth day following the day on which the offer is sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by his or her declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has submitted his or her order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his or her password-protected user account by entering the relevant login data.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct his or her entries during the electronic ordering process using the usual keyboard and mouse functions until he or she clicks the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language options are indicated in the online shop.

2.8 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which are not the responsibility of the Seller and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) available to the Customer are communicated in the Seller’s online shop.

4.4 If the Customer selects a payment method offered via the “PayPal” payment service, payment processing is carried out via PayPal, which may in turn use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which the Seller makes advance payment to the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim to PayPal or to the specific payment service provider named to the Customer and commissioned by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the Customer data provided. In the event of a negative result of the credit check, the Seller reserves the right to refuse the payment method selected by the Customer. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can make payment with debt-discharging effect only to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their submission, or credit notes.

4.5 If the Customer selects “Sofortüberweisung” (immediate transfer) as the payment method, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To be able to pay the invoice amount via “Sofortüberweisung”, the Customer must have an online banking account activated for participation in “Sofortüberweisung”, authenticate himself or herself accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer’s bank account is debited. The Customer can find more detailed information on the “Sofortüberweisung” payment method online at https://www.klarna.com/sofort/.

4.6 If the Customer selects a payment method offered via the “Shopify Payments” payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use additional payment services for which special payment conditions may apply, to which the Customer may be referred separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If the Customer selects a payment method offered via the “Stripe” payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use additional payment services for which special payment conditions may apply, to which the Customer may be referred separately. Further information on Stripe is available online at https://stripe.com/de.

4.8 If the Customer selects a payment method offered via the “Klarna” payment service, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions in this regard can be found here:

4.9 If the Customer selects credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the Seller to collect payments in the Seller’s name. PAYONE GmbH collects the invoice amount from the Customer’s specified credit card account. The credit card is charged immediately after the Customer submits the order in the online shop. Even if the credit card payment method via PAYONE GmbH is selected, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their submission, or credit notes.

4.10 If the Customer selects credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the Provider assigns its payment claim. secupay AG collects the invoice amount from the Customer’s specified credit card account. In the event of assignment, payment can be made with debt-discharging effect only to secupay AG. The credit card is charged immediately after the Customer submits the order in the online shop. Even if the credit card payment method via secupay AG is selected, the Provider remains responsible for general customer enquiries, e.g. regarding returns, complaints, declarations of withdrawal and their submission, or credit notes.

4.11 If the Customer selects credit card via Stripe as the payment method, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for sending the goods to the Customer if the Customer effectively exercises his or her right of withdrawal. With regard to the return shipping costs, the provisions set out in the Seller’s instructions on withdrawal shall apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person authorized to receive the goods only upon handover of the goods. By way of derogation from the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even if he or she is a consumer, as soon as the Seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and any consideration already paid will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by e-mail

6) Term and Termination of Subscription Contracts for Goods

6.1 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.2 Notices of termination must be given in writing or in text form (e.g. by e-mail).

7) Retention of Title

If the Seller makes advance deliveries, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects shall apply. By way of derogation from this, the following applies to contracts for the supply of goods:

8.1 If the Customer acts as a business,

• the Seller has the right to choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, rights in respect of defects are excluded;
• the limitation period does not start anew if a replacement delivery is made under liability for defects.

8.2 The limitations of liability and shortening of time limits set out above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

8.3 In addition, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to examine and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

8.5 If the Customer acts as a consumer, he or she is requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so has no effect on his or her statutory or contractual claims for defects.

9) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

9.1 The Seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

9.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

9.3 Otherwise, any liability of the Seller is excluded.

9.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Special Conditions for the Processing of Goods According to Customer Specifications

10.1 If, under the terms of the contract, the Seller is also obliged to process the goods according to specific specifications of the Customer in addition to supplying the goods, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formats, image and file sizes specified by the Seller and grant the Seller the rights of use required for this purpose. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility that he or she is entitled to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.

10.2 The Customer shall indemnify the Seller against all claims asserted by third parties against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. In this context, the Customer shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required to examine the claims and to defend against them.

10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or is contrary to public decency. This applies in particular in the case of the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

11) Special Conditions for Repair Services

If, under the terms of the contract, the Seller is obliged to repair an item belonging to the Customer, the following shall apply:

11.1 Repair services are performed at the Seller’s place of business.

11.2 The Seller shall perform its services at its own discretion either in person or through qualified personnel selected by the Seller. The Seller may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s service description, the Customer has no right to demand performance by a specific person.

11.3 The Customer must provide the Seller with all information required for the repair of the item, unless procurement of such information falls within the Seller’s scope of obligations under the contract. In particular, the Customer must provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be relevant to the identified defect.

11.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller’s place of business at the Customer’s own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the package. The Seller will inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights he or she may have against the carrier.

11.5 Return shipment of the item is at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer when the item is handed over to an appropriate transport person at the Seller’s place of business. At the Customer’s request, the Seller will take out transport insurance for the item.

11.6 The Customer may also personally deliver the item to be repaired to the Seller’s place of business and collect it again if this is indicated in the Seller’s service description or if the parties have made a corresponding agreement. In this case, the above provisions on the allocation of costs and risk in the event of shipment and return shipment of the item shall apply accordingly.

11.7 The above provisions do not limit the Customer’s statutory rights in the event of the purchase of goods from the Seller.

11.8 The Seller is liable for defects in the repair services provided in accordance with the statutory provisions on liability for defects.

12) Redemption of Promotional Vouchers

12.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

12.2 Individual products may be excluded from the voucher promotion if such a restriction is indicated in the content of the Promotional Voucher.

12.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4 More than one Promotional Voucher can be redeemed per order.

12.5 If the Promotional Voucher relates to a specific amount and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

12.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

12.7 The balance of a Promotional Voucher will not be paid out in cash nor will it bear interest.

12.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under the statutory right of withdrawal.

12.9 The Promotional Voucher is transferable. The Seller may make payment with debt-discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity to contract or lack of power of representation of the respective holder.

13) Redemption of Gift Vouchers

13.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

13.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

13.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

13.4 More than one Gift Voucher can be redeemed per order.

13.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

13.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

13.7 The balance of a Gift Voucher will not be paid out in cash nor will it bear interest.

13.8 The Gift Voucher is intended solely for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

14) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

15) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.