Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
General Terms and Conditions
Contractual terms within the framework of sales contracts via the platform https://get-fabulous.com
Karolina Bobbé at Rudolf-Diesel Strasse 17
VAT identification number: DE309667221
- hereinafter referred to as "provider" -
the users of this platform referred to in § 2 of these terms and conditions - hereinafter referred to as "customer / customer" - are closed.
§ 1 Scope
For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the “Add to cart” button. By clicking the “Order with obligation to pay” button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order from GetFabulous" by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the content of the order. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these terms and conditions), provided that the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3)The customer can make the payment by check payments, PayPal Express Checkout, Credit Card (Stripe).
(4) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
(5) If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller gave him the opportunity had announced the service a corresponding time in advance.
§ 4 Retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.
(3) In the event of a cancellation, the customer has to bear the direct costs of the return.
(4) In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer 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.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 Liability
(1) Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for purposes of advertising, market or opinion research.
§ 9 final provisions
(1) The law of the Federal Republic of Germany to the exclusion of the UN sales law and international private law apply to contracts between the provider and the customer.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. As far as this would represent an unreasonable hardship for one of the contracting parties, the contract becomes ineffective as a whole.