Terms and Conditions

of



Fab DBY GmbH 

Managing Directors: Jason Goldberg 

Rungestraße 22-24

10179 Berlin

Germany 



– hereinafter “Fab” — you have the option of concluding the purchase agreement in either German, France, Danish, Dutch, Italian, Norwegian, Swedish, or English. 




§ 1.  Fab


These GTCs apply for consumers only and define the conditions under which you (“you” or “user”) may use the services provided by Fab.

Fab DBY GmbH (“Fab”) operates the furniture design company eu.fab.com on the internet. Among other things, the design company Fab consists of eu.fab.com (the “Fab website”) and other content, which Fab provides directly on the internet (“services”).  By placing an order with Fab you will receive personal information about impending sales campaigns of Fab and its affiliates via Fab’s e-mail service, provided that you have agreed to receive these e-mails.



§ 2. Validity of the general terms and conditions

By declaring your agreement at the time of placing an order, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as “GTCs”). These GTCs define the conditions under which you (“you” or “user”) may use the services provided by Fab. 



2.2 You can download, save, and print these GTCs at any time via the “GTC” link on the Fab website. 



2.3 The general terms and conditions of users, members, and partners will not apply to any direct business with Fab, even if not explicitly refuted by Fab and/or if Fab provides services without objection. This also applies if the user, member or partner has prescribed a special format for filing objections. Deviating terms and conditions will not apply unless this has been explicitly confirmed in writing in advance by Fab. Consent by e-mail will suffice.



§ 3. Offer and closing of contract

The description of products and presentation of goods on the Fab website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers within the meaning of § 13 of the BGB, i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Fab reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by Fab, you must take the following steps: Place an article in the cart. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Immediately upon receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain property of Fab until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform Fab immediately. If, before concluding the contract, Fab finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, Fab should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls and force majeure) by our suppliers (where Fab is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case Fab will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you. Fab is entitled to reject any offers made by you without citing reasons. Fab particularly reserves the right to reject an offer where: the delivery address is outside Germany or Austria; there are indications that the person ordering the goods is not a consumer; an order exceeds the normal volume required by a household; the payment is not received, even after a reminder has been sent and a payment period stipulated.

Delivery of the goods to the customer is carried out by the third-party providers (delivery services) stated in the ordering process. For goods which are not in stock, the delivery time will be approx. 8-11 weeks after receipt of the payment. During the Christmas period the delivery time can be delayed by up to two (2) weeks, during Easter period up to five (5) days. The delivery times to Ireland, Scotland or islands may take 2 weeks longer than our standard lead time.



The prices shown on the website are final and include VAT.  Freight costs will be shown separately in a manner comprehensible to you. Some additional costs may be applied for the delivery to Ireland, Scotland or islands. Extra costs as follows: 50 GBP up to 1 cbm and 100 GBP per 1 qbm and more (cbm = cubic meter). We do require information from our customers in case the product has to be delivered to Ireland, Island, or Scotland.

All furniture products get produced according to the customer´s individual configuration. Any kind of presetting on the Fab order homepage is merely a design suggestions. In case the customer decides to order a product without changing the preset configuration regarding size, material or color (“Buy Now”-Products), the customer adopts the preset configuration as his or her individual configuration.


§ 4. Right of withdrawal regarding ordered goods

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day 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 DBY GmbH
Rungestraße 22-24
10179 Berlin

Germany

0800 048 8423

F 030 690 88 614
designservice@fab.com

I eu.fab.com,


of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. 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.


§ 5. Withdrawal of Services
You have the right to withdraw from this contract within 14 days on the conclusion of the contract.

The withdrawal period will expire after 14 days from the day 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 DBY GmbH

Rungestraße 22-24

10179 Berlin

Germany

0800 048 8423
F 030 690 88 614

designservice@fab.com

I
eu.fab.com,


of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. 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.

Exceptions:



The right of revocation does not apply to distance selling agreements on the supply of merchandise made to customer specifications or clearly and unambiguously tailored to individual requirements or whose composition renders it unsuitable for return, or which can spoil quickly or whose use-by date would be exceeded.

Also, if you are an entrepreneur and are at the point of conclusion of the Agreement acting in pursuit of your normal commercial or freelance occupation, the right of withdrawal does not apply.



§ 6.  Concluding Conditions
6.1     If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.

6.2    Only the laws of the Federal Republic of Germany will apply, to the exclusion of the UN Convention on the Sale of Goods.. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected.

6.3    If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Germany or in another EU member state, Berlin will be the place of jurisdiction for any disputes arising from this contract.

6.4 With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.



§ 7.  Warranty and liability

7.1 The warranty  and liability is governed by the laws of the Federal Republic of Germany. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction. 



7.2 Fab’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. Fab only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. Fab only has statutory liability where Fab is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfillment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. Fab also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act.

7.3 The aforementioned liability exclusions and limitations with regard to companies or consumers do not apply where Fab has given explicit guarantees.



§ 8.  Disclaimer

The user indemnifies Fab against all claims by third parties instituted against Fab for violating their rights or these GTCs, the shop regulations or laws governing the use of the Fab website. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor’s fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide Fab with all information that may be required to verify the claims and to defend the case – immediately, truthfully and completely — in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.



§ 9. Copyright and rights of use

The content provided by the design company Fab is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

§ 10. Assembly Service
The customer is obliged to inform us about the consistence and condition of the relevant walls. Our employees are only able and allowed to assemble the products on the background of solid walls.
As far as we agree to assemble the products on the background of a drywall, the customer is obliged to provide the necessary wall plugs or screw anchors.



§ 11.  Legal notice/Imprint

Fab DBY GmbH
Managing Directors: Jason Goldberg

Rungestraße 22-24
10179 Berlin
Germany


T +44 (0)800 048 8423
E designservice@fab.com



Commercial Registration Number: HRB 153619 B
District
Court Charlottenburg
VAT No.: DE815212877



§ 12. Severability clause


The nullity or invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. Null or invalid provisions will be replaced by the equivalent statutory provisions.