General Terms and Conditions of Business (T+Cs)

T+Cs for private customers

General Terms and Conditions of Business of United Navigation GmbH, legally represented by the managing directors Dr.Frank Mair and Elmar Peters, Marco-Polo-Str. 1, 73760 Ostfildern, Germany, Email: shop@gofalk.com, Stuttgart Local Court HRB 213925, VAT ID: DE239015452

§ 1 Area of application

These General Terms and Conditions of Business apply to all purchase contracts which arise when an order is placed at the Falk Online Shop. In addition to this, the licensing conditions of the stockists which are enclosed with the products also apply.

The General Terms and Conditions of Business of the customer are hereby opposed. Differences from the contractual conditions of the vendor shall only be effective if it confirms them in writing.

§ 2 Information about cancellation

Right to cancel
You may cancel your contractual declaration within two weeks without having to specify any reasons in text form (e.g. letter, e-mail) or by returning the product. The cancellation period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and not before you have got the necessary information of § 312 c para 2 of the German Civil Code (BGB) in conjunction with § 1 para 1, 2 and 4 BGB-InfoV and § 312e para 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. The prompt sending of the cancellation or the product shall be sufficient to comply with the cancellation deadline. Please send your cancellation to the following address: Falk Shop Team, c/o walter services, Weidestrasse 122d, 22083 Hamburg, Germany or per E-Mail: shop@gofalk.com

Consequences of cancellation
In the event that you cancel the contract properly, the goods and services received by both parties must be returned and any benefits, for example interest, which are gained must be repaid. If you cannot return the goods or service you received to us in full or in part or can only return the goods in a deteriorated condition, you must compensate us for the loss of value. This shall not apply to the supply of products if the deterioration of the product is due entirely to it being tested - such as would have been possible, for example, in a shop. Otherwise you can avoid leaving yourself liable to having to compensate us for loss of value by not using the product as if you were the owner and not undertaking anything that could adversely affect the value. Products which can be sent in a package should be returned. Products which cannot be sent in a package will be collected from you. You must pay the costs of returning the goods if the goods supplied match those that were ordered and if the price of the product which is to be returned is not more than 40 Euros, or if, in the event that the product has a higher price when you cancel, you have not yet provided your service in return or have not made a contractually agreed partial payment. Otherwise you may return the goods free of charge. You must satisfy your obligations to refund payments within 30 days of sending your cancellation declaration 

Special information:
For services your right to cancel lose prematurely, if the contract by both sides to express your desire is completely satisfied before you have exercised your right of cancellation.

In accordance with § 312 d para. 4 of the German Civil Code (BGB), the right to cancel shall not apply, provided that no other right is defined, to remote purchase contracts

1. to supply goods which are made to the specification of a customer or are clearly tailor-made to cater for personal needs or which, because of their nature, are not suitable to be returned or may quickly deteriorate or whose expiry date has passed,

2. to supply audio or video recordings or software, if the data carriers which are supplied have been unsealed by the consumer,

3. to supply newspapers, journals and illustrated magazines.

If you are a contractor within the meaning of § 14 of the German Civil Code (BGB), that is to say a natural or legal person or a company with legal personality, which in concluding the legal transaction acts in a way which exercises its commercial or independent professional activity, there shall be no right to cancel.

End of the information about cancellation.

§ 3 Materialisation of the contract

The contract shall take effect when the goods which you have ordered are sent to you.
When you place your order, you are making a binding offer to us to conclude the contract with you. You place an order when you enter all of your details during the ordering process and finally, in step 5 send the order form to us by pressing the “Send Order” button.
By sending the goods to you, we accept the offer (your order) to conclude a contract.
When you place orders in our Online Shop, you enter into a contract with:
United Navigation GmbH, legally represented by the managing directors Dr. Frank Mair and Elmar Peters, Marco-Polo-Str. 1, 73760 Ostfildern, Germany, E-Mail: shop@gofalk.com

§ 4 Storing the contract text

We store your order and the order details you provide. If you would like a print out of your order, you have the option of printing out your order confirmation. After you have gone through the ordering process with the final step 5 and you activate the “Send Order” button, the “My Order Confirmation” page appears. Here you have the option of printing out your order with all of the details you have entered. If you have given us your e-mail address, you will also be sent the order confirmation with all of the details you have entered by e-mail.

§ 5 Customer service

If you have any questions about your order or you wish to make a complaint, please contact our service team: by e-mail: shop@gofalk.com
by phone: +49 (0)1805 350 888 (0.14 EUR/min. from a German landline)

§ 6 Reservation of title

We reserve title to the product which is supplied until all of the debts arising from the purchase contract have been paid in full.

Until title to the product you have purchased is transferred to you, you are obliged to treat the product with care and you must notify us immediately in writing if the article which is supplied is seized or is subjected to other interventions by third parties. In the event that the third party is not in a position to refund us the judicial and extra-judicial costs of a lawsuit pursuant to § 771 of the German Code of Civil Procedure (ZPO), you shall be liable for the loss we incur.

If you handle and process or reconfigure the product you purchase, this shall always be in our name and on our behalf. In this case, your expectant right to the reconfigured product you have purchased shall continue to exist. In the event that the purchased product is processed with other articles which do not belong to us, we shall acquire joint title to the new product in the ratio of the objective value of our purchased product to the other articles which are handled at the time of processing. The same shall apply if products are mixed together. If products are mixed together in such a way that your product is to be regarded as the principal product, it shall be deemed to be agreed that you shall transfer to us a proportion of joint title and shall safeguard the resulting sole title or joint title for us.

§ 7 Payment, terms of delivery, default on payment

If you pay by credit card, the amount shall be debited after you have ordered the goods.
If you pay in advance, the shipment of the product starts after successful receipt of the order on our account. We currently only offer the option to pay on account to corporate customers, public organisations and authorities within the Federal Republic of Germany. Unfortunately, goods cannot be supplied to private customers on account. If you pay for your goods on account, you undertake to settle the invoiced amount as soon as you receive the invoice. If you default on payment, we reserve the right to charge costs for issuing demands for payment.

§ 8 Set-off, right of retention

You shall only enjoy a right of set-off if your counter claims are final and absolute or uncontested. You shall only be empowered to exercise a right of retention to the extent that your counter claim is based on the same contractual relationship.

§ 9 Warranty and notification of defects

You must notify usin writing of any obvious defects within 4 weeks of the object of the contractbeing delivered to you.

You may initially choose whether the defect should be rectified or whether a replacement product should be supplied. However, we shall be entitled to refuse the method of subsequent performance you choose if this is only possible at unreasonable costand the other method of subsequent performance does not entail considerable disadvantages for you. During subsequent performance, you may not reduce the purchase price or with draw from the contract. Rectification of the defect shallbe deemed to have failed if this is unsuccessful after a second attempt, provided that nothing different emerges in particular from the nature of the product or the defect or the other circumstances. If the subsequent performance has failed or if we have refused to provide subsequent performance overall, you can at your choice demand a lowering of the purchase price (reduction) or declare that you wish to with draw from the contract.

You may only assert claims for compensation under the following terms on account of the defect if the subsequent performance has failed or we have refused subsequent performance. Your right to assert claims for compensation which go beyond this under the following terms is not affected by this.

Not with standing the above regulations and the limitations on liability below, we shall have unlimited liability for any loss of life, physical injury or damage to health based on a negligent or deliberate breach of duty by our legal representatives or our vicarious agents, and also for damage or losses which are covered by the liability under the German Product Liability Act, and also for all losses resulting from deliberate or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. If we have issued a guarantee in respect of the quality and ordurability of the goods or components there of, we shall also be liable within the confines of this guarantee. However, we shall only be liable for damage and losses which result from the lack of quality or durability which is guaranteed, but do not occur to the goods directly, if the risk of such damage or loss isclearly covered by the quality and durability guarantee.

We shall also beliable for damage or losses which are caused by simple negligence, to the extent that this negligence relates to the breach of such contractual obligations which must be complied with to achieve the purpose of the contract (cardinal obligations). However, we shall only be liable to the extent that thedamage or losses are typically associated with the contract and can before seen. Otherwise, in the case of simple negligent breaches of secondary obligations which are not crucial to the contract, we shall not be liable. The limitations on liability contained in sentences 1 – 3 shall also apply if the liability involves the legal representatives, senior executives and other vicarious agents.

No liability which goes beyond this is accepted, regardless of the legal nature of the claim which is asserted. To the extent that our liability is excluded or limited, this shall also apply to the personal liability of our employees, staff, representatives and vicarious agents.

The warranty shall run for a period of 2 years, starting from the date when risk is transferred. This period shall also apply to claims for compensation for consequential damage or losses resulting from defects, provided that no claims arising from inadmissible action are asserted.

§ 10 Miscellaneous

This contract and all of the legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

If the purchaser is a trader or a legal entity under public law or a special fund under public law, the place of performance and the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered place of business, provided that nothing else arises from the order confirmation

In the event that individual provisions in this contract should be or become ineffective or contain a loophole, this shall not affect the remaining provisions.

Information on remote purchase law

Information in relation to remote purchase contracts pursuant to Section 312c Para. 1 No. 1 of the German Civil Code (BGB) in conjunction with Section 1 of the Regulations on Duties to Provide Information under Civil Law.

In line with our statutory obligation, we must provide you with the following information:

You enter into remote purchase contracts with the company United Navigation GmbH. Managingdirectors: Dr. Frank Mair, Elmar Peters.

Falk Navigation GmbH’s registered office is at Marco-Polo-Straße 1, 73670 Ostfildern, Germany.

We will provide you with detailed information about the type of goods on offer in the Falk Online Shop on our websites. Please pay attention in particular to the buttons "More Info" and suitable "Accessories". We would like to point out that the information we provide on our Internet site represents a no-obligation invitation for you and for us to order goods from us. The actual contract materialises when you request and order the goods you want from us either in writing by fax, post or e-mail, using our shopping basket system on the Internet or by telephone. When you do this, we take this to mean that you are offering to enter into a purchase contract. We shall accept your offer within a period of 7 calendar days at the latest by sending you our dispatch confirmation.

We must reserve the right to deliver the goods ourselves and, in the event of goods not being delivered because of force majeure, both parties shall have the right to withdraw from the contract once three months have expired. We are entitled to deliver the goods in stages.

We specify the price of the goods in euros including statutory VAT but excluding any shipment costs which are incurred.

You will find a summary of our shipment costs here >>

In accordance with the legal regulations in Sections 355 to 359 of the German Civil Code, you enjoy a right to cancel in your commercial dealings with United Navigation GmbH. You need to proceed as follows here:
First of all, you need to exercise your right to cancel in writing (by letter, e-mail or fax) or indicate it by returning the goods. You enjoy the abovementioned right to cancel for two weeks. This deadline period begins when you receive the goods provided that we have complied with our statutory duties to provide information in accordance with the Regulations on Duties to Provide Information under Civil Law by this time. You have complied with the period if you submit your cancellation or return the goods in good time, that is to say before the two weeks expire. The goods will be returned as a form of cancellation or as a consequence of cancellation at our expense and at our risk. In the event that you cancel the contract in writing, you are obliged to return to us any goods which you have already received immediately, at the latest within a deadline period of 7 days. Please make arrangements with our service team concerning how the goods are to be collected. If the value of the goods is up to 40 euros, the goods shall be returned at your expense provided that the goods we have supplied match the goods you have ordered. Each delivery includes information about your right to cancel and the information required in law about remote purchase contracts.

Please ensure that the goods which you intend to return are returned in full (including all accessories, manuals, instructions for use etc.) and in their original packaging, including suitable outside packaging, but in all cases inpackaging which is suitable for transportation. Please make sure that you do use the return note which is included with your goods shipment and contact our service team to obtain a return number and to agree a time for the goods to be collected.

We would like to expressly point out to you that you must stand the cost of any deterioration in the goods you have ordered from us which results from the goods being used in the intended way. In addition, you shall be liable if the goods which are supplied experience a reduction in value because they have been handled in an inappropriate way. We are sure you will appreciate that goods which have already been used can no longer be sold to other customers. You shall not be obliged to compensate for loss in the case of goods which are still sealed in their original packaging and have not been used. However, you are quite at liberty to check the goods you have acquired from us, as would have been possible, for instance, if you had bought them at a normal shop.

Software and electronic data carriers may not be returned in any circumstances if the seal is broken and the goods are no longer sealed and packed in their original packaging.

Finally, it shall not be possible to cancel goods which by their very nature are not suitable to be returned. This applies to downloaded products which have already been accessed.

In respect of the costs which arise from using remote means of communication, we would like to point out that charges are levied for using our order and service hotlinenumber ++49 (0)1805 - 350 888. Calls from a landline operated by DeutscheTelekom are charged at a rate of 14 ct/min*. Please consult your telephone operator to find out the charges for other landline and mobile phone networks. In some instances, these charges may be more than 14 ct/min*.

Please consult our website to find out how long limited promotions and offers run for.