Terms and conditions
1. Validity
The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions that are concluded via the online shop www.purefil.de (hereinafter referred to as "online shop"). The GTC are therefore part of all contracts that Fabru GmbH (hereinafter referred to as “Fabru”) concludes with the customer for the delivery or service it offers. Conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognised.
Fabru reserves the right to change these terms and conditions at any time. The version of these GTC valid at the time of the order is decisive.
2. Exhibition of products and services in the online shop
The display and description of products and services in the online shop is aimed exclusively at customers with a delivery address in Germany; The exhibition and description of purely digital products and services are aimed exclusively at customers residing in Germany. A different billing address is possible. Customers with a delivery address or place of residence in selected other member states of the European Union, Switzerland or Liechtenstein can only order via the respective country-specific website of Fabru or Fabru GmbH, for the use of which separate conditions apply. Fabru GmbH does not offer a sales tax refund for goods brought independently to third countries.
The displays and descriptions apply as long as the product can be found via the search engine in the online shop and/or stocks last.
3. Conclusion of contract
By sending an order via the online shop's shopping cart, the customer makes an offer to Fabru to purchase the contents of the shopping cart. The receipt of the order will be confirmed to the customer by an automatic e-mail from Fabru (order confirmation). This order confirmation does not constitute acceptance of the customer's offer, but merely confirms receipt and further processing of the offer by Fabru GmbH.
The contract between Fabru and the customer is concluded with the confirmation of dispatch of the goods. If, in exceptional cases, no confirmation of dispatch is received, the contract is concluded at the latest when the goods are received by the customer. If goods from the customer's order process are shipped separately, a purchase contract between Fabru and the customer is concluded with each shipping confirmation or with the respective receipt of the individual goods. Fabru is entitled to make partial deliveries unless these represent an unreasonable disadvantage for the customer.
Irrespective of the right of withdrawal according to Section 4, the customer can cancel his order for a product at any time free of charge before the associated shipping confirmation is sent.
For all product orders that require a minimum age of 18, the customer confirms compliance with these legal provisions by placing the order.
Orders in non-household quantities can be rejected without justification.
4. Consumer Right of Withdrawal
Customers who place an order with Fabru as a consumer i. s.d. § 13 BGB, you have the statutory right of withdrawal according to the following sections 4.1 and 4.2. On customers who are entrepreneurs i. s.d. Section 14 of the German Civil Code, Sections 4.1 and 4.2 do not apply.
4.1 Cancellation of your order
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a product have taken possession of or has taken possession of in several partial shipments or pieces.
To exercise your right of withdrawal, you must tell us:
Fabru GmbH
Mühläcker 16
78606 Oberflacht-Seitingen
Germany
0049 151 5059 0858
info@purefil.de
by means of a clear statement (e.g. a letter sent by post or by e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. You can download the model cancellation form from our website www.purefil.de or fill out and submit another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
4.2 Consequences of the legal revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to Fabru GmbH, Brunnenbachstrasse 2, 8340 Hinwil, Switzerland immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. The costs of returning the goods are at the expense of the buyer.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
for the delivery of goods that can spoil quickly or whose expiry date would soon be exceeded,
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature,
for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery,
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts
5. Appointments
With the order confirmation, the customer is informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed. Fabru attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, there may be delays in delivery, particularly due to production or delivery bottlenecks. All information on availability and delivery time therefore does not represent a binding or guaranteed shipping or delivery date, unless this is expressly designated as a binding date in the shipping options for the respective product.
The occurrence of any delay in delivery is determined by the statutory provisions, whereby a reminder by the customer is required in any case.
6. Delivery, Shipping
In the case of products and services from Fabru, the customer has all delivery and collection options (possibly also by way of downloading digital content) available to the customer, which are noted in the online shop under "Delivery and collection".
If a delivery option is subject to a charge, this will be displayed to the customer in the order overview.
The customer's delivery address must be in Germany and easily accessible by truck. If this is not the case, the customer bears any additional costs.
Parcel goods are always delivered exclusively to the front door. In the case of freight forwarding goods, the delivery is usually made to the place of use and at least to the curb. In this case, the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the entrances (e.g. stairwell, doors etc.). If the product cannot be transported to the place of use, the customer shall bear any additional costs.
If the customer does not accept the ordered goods on the delivery date, although the delivery date has been agreed or announced with a reasonable period of time, or if delivery is not possible because the goods do not fit through the entrances, the customer is responsiblethe cost of unsuccessful delivery.
7. Product Images and Prices
Images of products in advertising, brochures, online shop, etc. are for illustration purposes and are non-binding.
All sales prices published in the online shop are final prices that include all taxes (in particular VAT). Any paid additional services ordered, such as assembly, disposal, etc., are listed separately in the shopping cart and on the invoice.
Despite the best efforts and checks, it can happen that the prices of individual products are inadvertently displayed incorrectly. Fabru checks the prices displayed in the online shop at regular intervals. If this check reveals an error in the price display and if the actual purchase price is higher than the purchase price shown in the online shop, the customer will be informed immediately. If the contract has not yet come about at this point, the customer can decide whether he wants to continue the order at the correct purchase price or whether he wants to cancel the order.
The customer is advised that due to the volume and speed with which orders are processed, it cannot be ruled out that incorrect price information will only be discovered after the contract has been concluded, i.e. after receipt of a shipping confirmation or after delivery of the goods. In such cases, Fabru remains fully entitled to contest the contract in accordance with the statutory provisions.
8. Terms of payment, retention of title
The customer can use the payment options offered in the online shop under "Payment options".
The goods remain the property of Fabru GmbH until the purchase price has been paid in full.
9. Warranty and Limitation of Liability
9.1 Basic Provisions
The customer is entitled to the statutory warranty rights.
If the supplementary performance is by way of a replacement delivery, the customer is obliged to return the original goods to Fabru within 30 days at the latest at Fabru's expense. The defective goods must be returned in accordance with the statutory provisions. Fabru reserves the right to make any claims for damages.
In the case of the purchase of goods with digital elements, the respective digital content or services are not provided by Fabru, but by the respective manufacturer. Fabru is also not obliged to do so towards consumers.
Fabru is liable for damage caused by an intentional or grossly negligent breach of duty by Fabru or a legal representative or vicarious agent of Fabru. In addition, Fabru is also liable for negligent breaches of duty, insofar as these relate to an essential contractual obligation, i.e. an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies and may rely. Compensation for the breach of an essential contractual obligation is limited to the foreseeable, typically occurring damage.
In all other cases, the liability of Fabru is excluded. Insofar as liability for Fabru is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
The above limitation of liability does not apply in the case of injuries to body, health and life, in the case of defects after the assumption of a guarantee for the quality of the respective product or in the case of fraudulently concealed defects.
Liability under the Product Liability Act remains unaffected.
Any manufacturer guarantees are subject exclusively to the manufacturer's conditions and do not justify any claims by the customer against Fabru. This also applies if Fabru offers support with processing in guarantee cases.
9.2 Additional Provisions for Used Goods
Products that have already been discounted and which are marked in the online shop as "used + checked", "new + checked" or "reprocessed" (hereinafter: used goods) may show signs of use, dirt from previous use, minor dirt, normal use not or only insignificantly have limiting defects, defects or functional limitations and similar limitations typical of used goods. These limitations are specified in the item details, so they correspond to the subjective requirements in terms of warranty law. Before ordering second-hand goods, the customer will carefully check the respective item details in order to avoid misunderstandings.
10. Choice of law and place of jurisdiction, severability clause, goodwill
This contractual relationship is based on Swiss law and is deemed to have been agreed. However, this choice of law must not result in the consumer being deprived of the protection that the twoing regulations of his country of residence. The application of the United Nations Convention on the International Sale of Goods (UN Sales Convention) and reference standards is excluded.
A possible invalidity of individual contractual provisions does not affect the remaining part of the contract.
If these general terms and conditions are violated by the customer and Fabru does not do anything about it immediately, this does not constitute a waiver in any way, but at best a gesture of goodwill. Fabru thus remains entitled to make use of all rights against the customer in the event of a renewed violation.