General Terms and Conditions (Ts and Cs)

General Terms and Conditions (Ts and Cs)

Validity

These General Terms and Conditions (hereinafter ‘Ts and Cs’) govern the relationships between Christian Fischbacher Bed & Bath AG (hereinafter ‘Christian Fischbacher’) and customers of the Christian Fischbacher online boutique. The Ts and Cs form a compulsory part of each contract concluded between Christian Fischbacher and a customer.

Christian Fischbacher reserves the right to amend the Ts and Cs. The version of the Ts and Cs valid at the time the order was placed shall always apply; this cannot be changed unilaterally for the respective order. Arrangements that diverge from these Ts and Cs shall only be applicable if confirmed in writing by Christian Fischbacher Bed & Bath AG. Business terms and conditions of the customer which conflict with or diverge from the Ts and Cs shall not be recognised unless Christian Fischbacher has explicitly consented to such conditions in writing.

Orders may only be placed with the Christian Fischbacher online boutique by retail customers (aged 18 or over) who live in Germany for delivery to an address in Germany. Retail customers are defined in these Ts and Cs as individuals who wish to conclude a contract for purposes largely unconnected with their business activities or their self-employed work. Customers who are not retail customers should email online-boutique-de@christianfischbacher.com.

Offer

The offer applies while it is visible in the online boutique and/or stocks last. However, the presentation of a certain product on the website does not mean that we can guarantee it is available. We are only obliged to deliver goods which are in stock. Should ordered products be unavailable, we may be unable to fulfil the order in its entirety. We reserve the right to cancel the order or to supply just some of the products. In this case, we will inform the buyer accordingly.

Prices and product ranges are subject to change at any time. The images shown in advertisements, brochures, the online boutique, etc. and all product details provided are for illustrative purposes and are not binding. The products are shown in the online boutique using colour values which are as close to real life as possible. However, all consumer devices (desktop computer, smartphone, tablet) can alter the colour values when they display them. The size, colour, structure and workmanship of products may vary slightly. In particular, it is possible that products in subsequent/supplementary orders may vary unless written assurances are made to the contrary. We do not accept any liability for typographical errors or for incorrect or incomplete details and descriptions.

Prices

Prices are quoted in euros and include the German value added tax (VAT). The price stated in the online boutique at the time the order was placed shall be applicable, with the exception of obvious errors (e.g. EUR 0.00). The applicable prices are those stipulated in our order confirmation. Products remain the property of Christian Fischbacher until the purchase price has been paid in full.

Orders

The presentation of products in the online boutique is not a legally binding proposal; it is a non-binding online catalogue or a non-binding invitation to customers to order the product in the online boutique. Christian Fischbacher Bed & Bath AG reserves the right to limit the quantities of certain products which it will supply and to refuse to deliver goods if the order exceeds a reasonable quantity for domestic purposes.

An order is deemed to be an invitation to the online boutique to enter into a contract. After placing an order, the customer automatically receives an order confirmation showing that Christian Fischbacher has received the order. Once the customer has received this order confirmation, he/she can no longer change the order and has entered into a commitment to make the purchase.

Christian Fischbacher has the right to reject orders in whole or in part, without having to provide reasons. In this case, the customer shall be informed and any payments already made shall be refunded. No further claims can be made; in particular, unavailable products shall not be dispatched at a later date. Products which are temporarily unavailable cannot be reserved in advance. The contract associated with placing an order in the Christian Fischbacher online boutique comes into being when Christian Fischbacher has sent the customer a printable order confirmation by email.

Delivery

Deliveries to Austria, Belgium, Czech Republic, Finland, Germany, Italy, Luxembourg, Netherlands, Slovakia and Sweden -only home delivery-.

Delivery time-frames can be seen in the online boutique. No liability is assumed for any details pertaining to availability and delivery times. These can change at any time. Please note, partial deliveries are not possible

It is very important to Christian Fischbacher Bed & Bath AG that the information provided in the online boutique about availability and delivery time-frames is up to date and accurate. There may be some time lag, especially on peak days with unusually high dispatch volumes. However, customers shall not be entitled to claim for damages or make claims of any other kind. No deliveries are made on Sundays or on official nationwide or local public holidays. Christian Fischbacher shall not be liable for delivery delays beyond its control, e.g. due to acts of God, traffic congestion, strikes, adverse weather conditions, etc. Any such delays do not entitle the customer to withdraw from the purchase contract or to claim damages.

The purchased products will be delivered to the address specified by the customer; packing stations and post office boxes cannot be supplied. If the customer is not at the delivery address when delivery is attempted and he/she has not provided any special delivery instructions, the parcel shall be left outside the door of the apartment, at the reception desk or outside the entrance to business premises. If the customer has a letterbox in a bank of letterboxes, the courier shall post a collection slip through the letterbox. The customer will then have to collect the parcel from the respective post office.

The customer assumes responsibility for the products delivered, even if he/she did not take receipt of them directly.

Delivery charges

Free standard delivery on all orders.

Warranty

Christian Fischbacher offers a statutory warranty on product quality which lasts for two years from the date of delivery. Christian Fischbacher can fulfil warranty claims by supplying an equivalent product as a partial or full replacement, providing a credit note up to the purchase price paid when the order was placed, or offering a reduction.

There is no general right to return products which are free from defects and where no delivery error was made. Warranty claims are explicitly excluded for products whose intrinsic quality does not meet the customer’s expectations.

Complaints

The customer is responsible for checking immediately on receipt whether the delivery is complete and in good condition. Customers must notify the Christian Fischbacher customer service team of any defects or deviations from the order within three days of delivery by emailing online-boutique-de@christianfischbacher.com. Otherwise, the delivery is deemed to have been accepted.

The amount paid by the customer for the defective goods will be refunded. In the case of a delivery error by Christian Fischbacher, a subsequent delivery will be made free of charge. If the item is no longer available, the customer will receive a credit note from Christian Fischbacher to the value of the product.

If products are delivered with obvious damage to the packaging or contents, the customer must make a complaint to the courier immediately – regardless of his/her defect-related rights – and refuse to accept delivery. The customer is obliged to obtain a slip from the courier acknowledging the damage. Christian Fischbacher must also be informed without delay of all damage sustained in transit.

Return and right of withdrawal

In accordance with Art. 52 of the Consumer Code, the customer has the right to withdraw from the contract within 30 days of receipt of correctly delivered goods without production defects.

In the case of correctly delivered goods without production defects that have been partially or completely used and/or washed, no right of withdrawal can be asserted. Goods for which the right of withdrawal is asserted must be returned intact and complete in the original packaging. In the case of returned goods that do not meet these characteristics and requirements, Christian Fischbacher Bed & Bath AG reserves the right to refuse the return or to refund only part of the price.

In order to exercise the right of withdrawal, the customer must proceed as follows:

access the "Contact us" option in the footer of the www.christianfischbacher.com/de website.
fill in the contact form with selection of the topic "How do I return an item? (Exchange, Refund)".
our customer service will then send the customer a return slip electronically
send your return (return slip, delivery note, unwashed and unused items in the original packaging) to the following address:

Christian Fischbacher Bed & Bath AG
c/o Multisped returns warehouse
Rudolf-Diesel-Strasse 6-8
DE-78224 Singen

The product will be checked by our quality control department and a decision will be made.

Refunds for justified returns will be processed within 14 working days of receipt of the returned items. Once processed, it may take 2 - 5 business days for the refunded amount to be credited via the same payment method used for the online purchase.

Shipping and return costs are the responsibility of the customer and will not be refunded.

Payment methods

Payments must be made in euros. Paypal as well as Visa and Mastercard are accepted as means of payment.

Governing law and place of jurisdiction

Substantive Swiss law shall govern the legal relationship between Christian Fischbacher and the customer. The place of jurisdiction for individuals is St. Gallen or the customer’s place of residence. The sole place of jurisdiction for legal entities is St. Gallen.