General Terms and Conditions of Business

The Terms and Conditions of Business are aimed to be as easily understandable as possible. Incase you should have any queries concerning the Conditions, please do not hesitate to contact us. Information concerning the Right of Revocation can be found in Point 10. The object of Farabeo is the production and trade of silk accessories made in Italy of all kinds (Farabeo Unipessoal Lda, Rua Escola Politécnica 38, 1250-102 Lisbon, Portugal). The Guidance required by law on the consumer's right of revocation in distance-selling can be found in Point 10 of these GTC. Managing Director: Fritz Albers. Registered at the Chamber of Commerce Lisbon, VAT ID No.: PT 510765009. Please see Point 2 of the GTC for information on the storage of these documents and to find out how to refer to the text of the contract (text of the offer). When you purchase a product from Farabeo, the following Terms and Conditions of Business come into force between you, the customer and Farabeo Unipessoal Lda., the seller. By placing an order, you agree to these conditions. If you have queries concerning our General Terms and Conditions of Business, please contact us before the completion of your order at the following e-mail address: service@farabeo.com Your statutory rights are not thereby prejudiced.


1. Scope/Deadlines

1.1. Our delivery conditions are valid only for deliveries to Italy, Germany and the UK. For deliveries to other countries special conditions apply. For information on this, please see Point 6 of the GTC under the heading, Deliveries outside Italy, Germany and the UK. We reserve the right to refrain from accepting orders.
1.2. Business is conducted and deliveries are carried out strictly in accordance with the current GTC. General Terms and Conditions of business which contradict or deviate from the following conditions shall not apply.
1.3. Insofar as these Terms and Conditions of Business refer to consumers, these are deemed to be natural persons, who have not ordered the goods in pursuance of any commercial, independent or free-lance activity. Traders are natural or legal persons or business partnerships with legal capacity, who order goods for commercial, independent or free-lance purposes. Customers within the meaning of these Terms and Conditions of Business include bothconsumers and traders.
1.4. Where working days are quoted as deadlines, this means all the days of the week with the exception of Saturdays, Sundays and statutory public holidays.

 

2. Storage possibilities and reference to the text of the contract.

 2.1. You may review these General business Terms and Conditions with thecontractual conditions included in them on our shop site, http://www.farabeo.com. You can print out or save this document by using the customary functions of your Internet services programme (=browser: usually "File" -> "Save as"). You may also download and archive this document in pdf. format by clicking here. To open the pdf. file you need the free Adobe Reader programme (obtainable at www.adobe.de) or a comparable programme, which will allow you to read files in pdf. format.
2.2. In addition, you can simply save the details of your order by either saving the data summarised on the last pages of the order process in the Internet shop with the aid of your browser functions or by waiting for the automatic confirmation of receipt of order, which we will send on the completion of your order to the e-mail address you have provided. This email confirming receipt of order will once again contain the details of yourorder and these GTC and is easy to print out or to save using your e-mail programme.
2.3. Your order data will be stored by us, but for reasons of security you will not be able to call them up directly. For each customer we offer a passwordprotected direct access ("My User Account"). Here you can administer and save relevant data concerning your completed, open and recently transmitted orders and your address data, bank details, if you have given them, and an optional newsletter. The customer shall be obliged to treat personal access date in confidence and to refrain from making them accessible by third parties.

 

3. Contractual partner, language and conclusion of contract

3.1. Your contractual partner is Farabeo Lda, Rua Escola Politécnica 38, 1250-102 Lisbon, Portugal.
3.2. Contracts in our Internet shop may currently be concluded solely in the English language.
3.3. Unless it has been agreed or announced to the contrary, our promotional offers shall be subject to confirmation.
3.4. By clicking the "Send order" button, you are sending us a binding offer to purchase the goods contained in the shopping cart. The confirmation of receipt of the order shall follow immediately after the order has been sent. This offer to purchase shall be accepted by a confirmation e-mail ("Confirmation of order").
3.5. Under reserve of his already existing right of revocation in consumer orders the customer is bound to his order for at least five days. 
3.6. The representation of the products in the online shop does not constitute a legally binding offer, but illustrates a non-binding online catalogue. By clicking the "Send order" button you are sending a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order shall follow immediately on the transmission of the order; however this shall not constitute acceptance of the contract. We are entitled to accept your order by the despatch by e-mail of an order confirmation or by delivering the goods within five days.
3.7. For purchases from the online shop at http://www.farabeo.com the following provisions also apply: Please note that goods ordered in advance (reservation) shall not be delivered until the total payment amount has been credited to our account. If, despite being in default of payment even after receipt of a payment reminder (which is usually sent 14 days after the  despatch of the order confirmation), you have not made payment within three weeks of the despatch of the order confirmation, we shall be entitled to withdraw from the contract with the consequence that your order becomes invalid and we shall not be obliged to supply the goods. In this case the order is deemed to have been fulfilled on both sides without further consequences. Therefore it is possible to reserve goods only for a maximum of three weeks.

 

4. User account

4.1. It shall be your responsibility to supply the details required for the registration of your personal data truthfully and completely. You shall be obliged to treat the personal data in confidence and to refrain from making them available to any unauthorised third party. Registration is confirmed immediately after you have sent off the registration by clicking the "Register free of charge" or "Register" button.
4.2. You are solely responsible for contents, which you enter in domains which are accessible for this purpose (e.g. in blogs). These must not infringe the rights of third parties. There exists no entitlement to storage or publication of content, such as, for example product evaluations, which you have entered.
4.3. You must abstain from any disruption of the web pages and from any use of the accessible data which goes beyond the intended use on the internal platform. Manipulations with the aim of procuring unauthorised payments or other advantages to our disadvantage can lead to legal consequences and in particular to being barred from access to the site. 
4.4. At any one time each customer is entitled to hold only one customer account. We reserve the right to delete multiple registrations and to caution or to give notice of termination of contract to members, who breach the conditions detailed in Points 4.1 to 4.3 or to delete or modify contents (Virtual House Regulations)
4.5. We are not obliged to accept the registration of the order of a registered customer. We are not obliged to make our offer permanently available. Orders which have already been confirmed shall remain unaffected by this provision. 


5. Prices and shipping costs

5.1. For purchases on http://www.farabeo.com the following shall apply: For orders in our Internet shop the prices listed in the offer at the time of ordering shall apply. The prices quoted are final prices, that is, they include a 23% Value Added Tax currently in force and other pricing components. 
5.2. Free shipping on orders above 80 EUROS. In addition to the quoted prices we charge 5.90 EUROS per order under 80 EUROS for delivery within Germany. Shipping fees include postage, packing & insurance. All returns and a one-off exchange of goods ordered shall be postage paid. 


6. Shipping costs outside of Italy, Germany and the UK

Orders deliverable to Italy, Germany and the UK are free of shipping charges. Irrespective of the order value we charge a flat shipping rate of 7.50 EUROS for deliveries to all other countries. For deliveries in non-EU countries abroad customs duties, taxes and fees shall be payable. Further information on customs duties can be found, for example, on http://ec.europa.eu/taxation_customs/cu stoms/customs_duties/ tariff_aspects/cu stoms_tariff/index_de.htm. Further information on import taxes can be found on http://auskunft.eztonline.de/ezto/Welcome.do and information specific to Switzerland on http://xtares.admin.ch/tares/login/ loginFormFiller.do

 

7. Payment, delivery

7.1. Farabeo Lda. is responsible for all obligations related to the trade. For purchases on http://www.farabeo.com/ we offer the following methods of payment: PayPal, Credit Cards and Sofortüberweisung. We reserve the right in every order not to offer specific methods of payment and to refer to other methods of payment. You shall agree to receive invoices and credits exclusively in electronic form.  
7.2. Where goods are paid for by credit card, your credit card will be debited when the order is dispatched. All credit card details are entered on a secured webpage and transfered via an SSL connection. In payment in advance the payment shall become due on receipt by the customer of the order confirmation.
7.3. When buying on account, the due date for payment shall be the date of receipt of the delivery by the customer. If the payment does not reach us within 14 days of the due date for payment, the customer shall be deemed to be in arrears of payment.
7.4. We use DHL for postal dispatch in Europe.
7.5. We deliver goods, which are designated in the online shop on http://www.farabeo.com as "available for delivery”, immediately after receipt of the order and where applicable, receipt of the advance payment within 3-5 working days. We direct your attention to the relevant product pages for possible variations in delivery times. If an article, of which further stock is manufactured, which is designated as "sold out", a delivery schedule of 2 to 4 weeks is to be expected.
7.6. We shall not accept procurement risks, nor shall we enter into a sales contract concerning unascertained goods We are obliged to deliver solely from our stock of goods on hand and to deliver goods ordered by us from our suppliers.
7.7 Our obligation to deliver shall cease to apply, where we ourselves,despite having concluded a congruent hedging transaction in due form, have received incorrect and untimely delivery and we are not responsible for the lack of availability, and where we have notified the customer without delay and have not accepted a procurement risk. In the event of non-availability of the goods we shall reimburse any pre-payment without delay.
7.8. In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, for which we are not responsible, for example due to fire, water and machine damage and all other hindrances, which, if considered objectively, have not been caused by us. The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.
7.9. In the case of sale by delivery to a place other than the place of performance the risk of accidental destruction and accidental deterioration of the goods purchased shall pass to the consumer on the surrender of the goods to the consumer or to a recipient specified by him. This shall apply, irrespective of whether the goods were insured on despatch or not. Otherwise the risk of accidental destruction and accidental deterioration of the goods shall pass on surrender to the consumer and, in the case of sale by delivery to a place other than the place of performance, on the delivery of the goods to the shipper or the person or organisation otherwise designated to perform the despatch.

 

8. Payment with PayPal

8.1. What data is sent to PayPal? In order to process the payment once the order has been placed, PayPal requires some information, such as your name or address. This data obtained by the seller or PayPal is collected from you in a special online form. Basically, the customer data that is passed on to Paypal corresponds to the data that you submitted during order process with the merchant.

 

9. Supply of configured products

Customised products that are produced on an individual basis are usually delivered within 12-14 weeks. However, the delivery period cannot be guaranteed. Increased demand, problems in procuring materials or other unforeseeable events can delay delivery in certain cases. We do everything in our power to honour deadlines. We draw your attention to the fact that the "configured" silk products are produced in very small series exclusively for you. We undertake all in our power in this case to avoid variations and produce the products as close as possible to the digital preview that is offered to clients. Nonetheless small variations in colour/print may arise and are out of our control.

 

10. Guidance on Revocation, Right of revocation

You can revoke your statement of contractual agreement within 30 days without giving reasons in written form (e.g. letter, fax, e-mail) or - if the item has been surrendered to you before the expiry of the deadline - by returning the item. The period for the deadline begins on receipt of this guidance, however not before the goods have been received by the recipient (for repeat delivery of similar goods not before receipt of the first partconsignment) and also not before we have fulfilled our duty to inform pursuant to the civil code. The revocation deadline is fulfilled by timely despatch of the revocation or of the item. The revocation must be addressed to: Farabeo Lda, Rua Escola Politécnica 38 1250-102 Lisbon, Portugal. service@farabeo.com Consequences of Revocation In the event of a valid revocation goods and services received by both parties and any profit derived therefrom, if any, such as interest shall be returned. In the event that you are unable to return or to release to us the goods and services received or can release or return them in part or only in a degraded condition, you must in this respect compensate us for lost value. You are required to compensate us for lost value for the degradation of the item and for profits derived therefrom only insofar as the profits or degradation can be traced to handling the item in a manner which exceeds the examination of its properties and mode of operation. "Examination of its properties and mode of operation" is understood to mean the testing and trying out of the respective goods, as is possible and customary for instance in retail business Items suitable for shipment as a parcel shall be returned at our risk. Items which are not suitable for shipment as a parcel will be collected from your premises. The obligations to make payments must be fulfilled within 30 days. The period starts for you with the despatch of your statement of revocation or of the item; the period starts for us with the receipt of the said statement of revocation or of the item. Unless you have advised us of other bank account details, the refund is always paid into the bank account used by you to make payment. Financed transactions If you have financed this contract by means of a loan and later revoke it, you shall no longer be bound by the loan, if the two contracts form an economic unit. This is to be accepted in particular, if we are also your lender or if your lender relies on our co-operation in respect of the financing. If the loan has already accrued to us at the time of its entry into force or at the time of the return of the goods, your lender shall succeed to our rights in relation to you under the financed agreement in respect of the legal consequences of the revocation or the return of goods. The latter shall not apply if the present agreement involves the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives). If you wish to avoid contractual obligations as far as possible, make use of your right of revocation and in addition revoke the loan contract, if you possess the right to revoke it. End of Guidance on Revocation.

 

11. Returns

Once you have notified us by e-mail to service@farabeo.com, that you wish to return the goods, we shall send you by e-mail a return voucher, which you may use to return the goods to us free of cost. Of course, you may also send the goods directly back to us without using the return voucher. Steps in the returns process: 
a. e-mail to service@farabeo.com, requesting the carriage-paid return voucher.
b. Print out the carriage-paid return voucher and affix it to the parcel;
c. Send the parcel back to us.

If you experience problems in downloading the return label or you do not have a printer, please contact our Customer Services. If you require a new return label, we should be grateful if you would request this via our freephone hotline or by e-mail; Please help us to avoid  nnecessary costs and do not return the goods to us without postage being paid.

 

12. Retention of title

The goods shall remain our property until full payment has been made.

 

13. Voucher conditions

13.1. Vouchers are valid for the period stated and can be redeemed only once in the course of an order transaction. 
13.2. The credit on a voucher cannot be transferred to a third party. 
13.3. The value of the goods must be at least equivalent to the voucher amount. For administrative reasons it is not possible to reimburse any credit balance remaining on the voucher. 
13.4. The credit on a voucher shall not yield interest; neither shall it be exchanged for cash. 
13.5. You may not use more than one voucher in any given transaction.
13.6. If the credit on a voucher is not sufficient to pay for the order, the difference can be settled by the payment methods offered above. 
13.7. The voucher shall not be reimbursed, if goods have been returned in whole or in part. Insofar as the voucher has been issued as part of a promotion no consideration will be provided for it. 
13.8. Gift vouchers and credit can be redeemed only before the completion of the order process. Gift vouchers and credit cannot be redeemed subsequent to a transaction.

 

14. Warranty and complaints management

14.1. The statutory warranty regulations are valid for "standard" products. 
14.2. If the dimensions or the design of the "configured" products are not in conformity with the order, we shall offer you a new component or you shall receive a credit in the form of a voucher on your customer account. 
14.3. Your satisfaction as a customer is our highest priority. You can contact us at any time by e-mail to service@farabeo.com or by post to the address given below. We shall make every effort to examine your request as rapidly as possible and for this purpose shall contact you on receipt of the documents or your request or complaint. However, please be patient, since in warranty issues it is often necessary to consult the manufacturers. It will help us greatly, if you have a complaint, if you can describe the nature of the problem as accurately as possible and, where appropriate, send us copies of the order documents or at least the order number, customer number etc. If you have received no reply from us within 5 working days, please contact us again. Occasionally e-mails remain in spam filters in our system or in yours or a message sent by another means has not reached you or has inadvertently been overlooked. Farabeo Lda Rua Escola Politécnica 38 1250-102 Lisbon, Portugal.

 

15. Customer account credit

You are not entitled to cash redemption for any credit on your customer account and credit on your account it must not be transferred to third parties.

 

16. Applicable law, Court of jurisdiction

16.1. The applicable law for all legal transactions or other legal relationships with Farabeo is the law of the Portugese Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental conventions, even if they have been subsumed into German law, shall not apply. In the case of contracts, in which no professional or commercial activity can be attributed to the beneficiary  (contract with a consumer), this choice of law shall apply only insofar as protection granted by mandatory provisions of the law of the State, in which the consumer normally resides, has not been revoked. 
16.2. In commercial transactions with traders and with legal entities under public law our registered office shall be agreed as the Court of jurisdiction for all disputes concerning these Terms and Conditions of Business and individual contracts concluded within their scope, including legal actions brought concerning bills of exchange and cheques. In this case we shall also be entitled to bring an action at the business domicile of the customer.

 


17. Amendments to the General Terms and Conditions of Business

We shall be entitled to amend these General Terms and Conditions of Business unilaterally insofar as they have been introduced into the contractual relationship with the customer, insofar as this is required to remove subsequently emergent disruptions of the equivalence mandate or to adapt to a changing legal or technical environment We shall notify customers of any amendments by sending them the full contents of the amended provisions. The amendment shall become a component of the contract, unless, within 6 weeks of the receipt of the notification of amendment, the customer communicates to us in written or textual form his objection to the inclusion of the amendment into the contractual relationship. 

 

18. Severability clause

In the event that a present or future provision of the contract is or becomes void/nugatory in whole or in part, this shall not affect the validity of the remaining provisions of this contract, unless, having regard to the subsequent provision, the performance of the contract would constitute unreasonable hardship for either party. The same shall apply, where an omission, which needs to be supplemented, becomes apparent after the contract has been concluded. The parties shall replace the void/nugatory/unfeasible provision or omission to be supplemented with a valid provision, which in its legal and commercial content comes closest in law to the void/nugatory/unfeasible provision and the overall purpose of the contract.


Dated: January 2013

Yours faithfully, Farabeo Lda.

The foregoing General Terms and Conditions of Business constitute intellectual property protected under copyright law. Any use by third parties - including the use of extracts - for the commercial purposes of the offer of goods and/or services - is not permitted. Infringements will be prosecuted.