General Terms and Conditions

Section 1 – Applicability via-à-vis customers, definitions
(1) All deliveries between us and a customer shall be subject to the version of the following General Terms and Conditions that is valid at the time of the order.

(2) ‘Customer’ within the meaning of these Terms and Conditions is defined as any natural person who enters into a legal transaction for a purpose that can be attributed neither to his/her commercial activity nor to his/her self-employed vocational activity.

Section 2 – Conclusion of a contract, storing of the contract text
(1) The following regulations on the conclusion of the contract shall apply to orders placed via our online shop at https://fallada.de.

(2) Any contract that is concluded shall be deemed to have been concluded with Hans-Fallada-Gesellschaft e.V.

Patricia Fritsch-Lange
Chair of the Executive Committee
Zum Bohnenwerder 2
D-17258 Feldberger Seenlandschaft
Register number VR 178
Registration Court Neubrandenburg.

(3) The presentation of the goods in our online shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.

(4) When an order arrives in our online shop, the following rules shall apply. The customer makes a binding offer to enter into a contract by successfully completing the ordering procedure in our online shop.
To place an order, the customer shall take the following steps. The customer shall:
1) select the desired goods,
2) confirm by clicking the button ‘Add to shopping cart’,
3) check the details in the shopping cart,
4) click on the ‘Checkout’ button,
5) register with the online shop, log in, and enter his/her details (email address and password), or select the option ‘Order without registration’ and complete the appropriate fields,
6) accept the Privacy Policy,
7) re-check or correct the data entered,
8) accept the General Terms and Conditions,
9) send his/her binding order by clicking the button ‘Buy now’.
After making sure the data entered are correct and before sending off his/her binding order, the customer can click the ‘Back’ button on his/her internet browser to return to the internet page containing the details entered by the customer and correct any input errors, or else cancel the order by closing the internet browser. We will immediately confirm receipt of the order by sending an automatically generated email (‘Order confirmation’). This means we have accepted your offer.
(5) Storage of the contract text in the case of orders made via our online shop: we will send you the order data and a link to our General Terms and Conditions by email. You can also view the General Terms and Conditions at any time at https://fallada.de/shop/shop_content.php?coID=3. If you order as a guest and do not have a customer account, your order data will no longer be accessible via the internet for security reasons.

Section 3 – Prices, delivery costs, payment, due date
(1) All prices stated include the statutory rate of VAT and other price components. Any delivery costs shall be added. The invoice amount shall fall due for payment within 30 days after your receipt of the invoice, at the latest on receipt of the goods, unless a different due date is stated on the invoice. Payments must be made without any deduction to the account indicated in the invoice.

Section 4 – Delivery
(1) Unless clearly stated otherwise in the product description, all articles offered by us are ready for immediate shipment.

Section 5 – Reservation of title
We retain the title to the goods until full payment of the purchase price.

Section 6 – Right of cancellation
Cancellation policy
Within a period of 14 days, you can cancel your contract either in writing (e.g. letter, fax, email) without giving reasons or – if the goods are sent to you before expiry of said period – by returning the goods. The period shall begin on receipt of this instruction in writing, but not before the recipient receives the goods (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before we have met our obligations to provide information pursuant to Article 246 section 2 in conjunction with section 1 subsections 1 and 2 of the EGBGB (Introductory Law to the German Civil Code), as well as our obligations under section 312g subsection 1, sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 section 3 of the EGBGB. Sending the written cancellation or the goods shall be deemed sufficient to meet the deadline of the cancellation period.
The cancellation should be sent to:

Hans-Fallada-Gesellschaft e.V.
Patricia Fritsch-Lange
Chair of the Executive Committee
Zum Bohnenwerder 2
D-17258 Feldberger Seenlandschaft
Email: hfg@fallada.de
Telefon +49(39831) – 20359

Consequences of cancellation
In the event of effective cancellation, all goods/payments received on both sides must be returned and any benefits gained (e.g. interest) surrendered. If you are unable to return to us the goods, payments or services (e.g. benefits of use) you have received – or only in part or only in a deteriorated condition – you must compensate us for any depreciation in value. You must only pay compensation for the deterioration of goods or for use if the use or deterioration has been caused by handling the goods in a way that goes beyond an examination of the characteristics and functions. ‘Examination of the characteristics and functions’ is defined here as testing and trying out the respective goods in ways that are possible and customary in a retail store.
Items that can be sent as a package shall be returned at our risk. You must bear the normal costs of returning the goods if the goods delivered correspond to the goods ordered, and if the price of the goods to be returned does not exceed €40, or – if the price of the goods is higher – you had not rendered payment or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return shipment is free of charge for you. Items that cannot be sent as a package will be collected from you. Obligations to refund payments must be met within 30 days. For you, the period begins with the dispatch of your declaration of cancellation or the goods; for us, it begins with their receipt.
End of Cancellation policy

Section 7 – Contractual arrangements relating to return shipment costs in the event of cancellation
If you exercise your right of cancellation, the following regulation shall apply pursuant to section 357 subsection 2 of the German Civil Code (BGB), according to which you must bear the normal costs of returning the goods if the goods delivered correspond to the goods ordered, and if the price of the goods to be returned does not exceed €40, or – if the price of the goods is higher – you had not rendered payment or made a contractually agreed partial payment by the time of the cancellation.
Otherwise the return shipment is free of charge for you.

Section 8 – Contractual language
Only German is available as the contractual language.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

the European Commission provides a platform for online dispute resolution (ODR), which you can find under https://ec.europa.eu/consumers/odr . We are not obliged and not prepared to participate in dispute settlement proceedings before a customer arbitration body.

General Terms and Conditions, last revised November 2017

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