1.1 These general terms of business ("Terms and conditions") govern the business relationship between us, being FALKE KGaA, Oststraße 5, 57392 Schmallenberg ("FALKE") and you, the customer, if you obtain our product range through the FALKE Online Shop.

1.2 The general terms of business in the version applicable at the time of the order shall govern the business relationship between you and FALKE exclusively. Terms and conditions contrary to or deviating from the following provisions do not apply unless we expressly agree in writing to their validity.

1.3 We sell our products exclusively to consumers, small businesses, associations and foundations and only in quantities suitable for households. You are deemed to be a consumer insofar as the purpose of the deliveries and services ordered cannot be attributed mainly to your commercial business operation or self-employment. Your business is a small business if by its nature and extent it does not necessitate operating a business establishment set up for commercial purposes (Section 1(2) HGB).

1.4 The contract shall be concluded in the German language.

1.5 We do not offer products for purchase by minors. If you are younger than 18, it is necessary for your legal guardian or parent to be involved.

2.1 Membership: You can sign up and create a FALKE FRIENDS customer account via our online outlet store. When doing so, you will be asked to enter certain personal data that we store for the purpose of processing your membership in the FALKE FRIENDS customer loyalty program and your subsequent purchases. Each member can only have a single customer account at a time. We reserve the right to delete multiple accounts.

 

When entering your personal data (e.g., when creating/modifying a customer account or placing an order), you are responsible for the accuracy and completeness of the information that you provide. You are also responsible for treating your personal login data as confidential and for never sharing such data with unauthorized third parties.

2.2 Contractual relationship: The primary features of the FALKE FRIENDS program are as follows:

• Thanks to your FALKE FRIENDS account, we can see which products you buy and the FALKE offers and topics that arouse your interest. In our privacy policy, you will find more information on the data we use for this purpose - and how we process it.
• Based on your usage data, we send you information and offers from the FALKE product range that match your personal interests (e.g., selected products and promotions or invitations to participate in customer surveys).
• As a regular customer in the FALKE FRIENDS program, you will also receive certain perks such as special deals on FALKE products and invitations to exclusive FALKE events. These perks may only become available once you have spent a certain amount on FALKE products during the preceding months. The type, frequency, and conditions of such perks can vary, and are defined and adjusted by us as we see fit for each individual case.
• We also use the collected data to continuously improve the FALKE product range (market research).

For more information on the features and benefits of FALKE FRIENDS, please visit our website.

Your FALKE FRIENDS customer account is non-transferable, and may only be used by you for your own personal and private purposes.

2.3 Conclusion of contract: The contract for your participation in the FALKE FRIENDS program is considered concluded once we accept your application for membership (e.g., by way of a confirmation email or a confirmation on our website). Once you receive a confirmation, you can immediately start using your customer account and benefiting from the advantages of the program.

2.4 Termination of contract: The contract for your participation in the FALKE FRIENDS customer loyalty program is concluded for an indefinite period of time. It may be terminated by you or by us. If we decide to terminate the contract, we must provide you with at least one month of notice (i.e., the period between the receipt of the termination notice and its taking effect); on the other hand, you may terminate the contract at any time without notice. Notice periods do not apply in the event of termination for good cause.

2.5 Locked accounts: We reserve the right to temporarily lock your customer account in the event of evidence that it may have been misused in any way whatsoever. If there is good cause for us to terminate your membership in the FALKE FRIENDS customer loyalty program, we may decide to temporarily lock your customer account as an alternative to said termination.

2.6 Personal contractual relationship: Your membership in the "FALKE Friends" customer loyalty program is governed by a highly personal contractual relationship that cannot be passed on or transferred to someone else. Upon your death, this relationship ends automatically without the need for a separate notice of termination.

2.7 Modifications: We reserve the right, at any time, to modify or amend the features or processes of the FALKE FRIENDS program described herein, provided such modifications or amendments are:

• necessary to adapt to market conditions (e.g., by highlighting certain advantages of the program), to conform with current technical conditions (e.g., by reducing the time required to provide certain technical processes), to prevent misuse or damage, or to comply with legal obligations;

• and provided the modification or amendment is done in good faith and does not disadvantage the participants in an unreasonable fashion.

Any such modifications or amendments must be communicated in a clear and comprehensible manner, and must not result in any additional costs for our customers.

With your consent, we also reserve the right to amend or supplement the general terms and conditions of the "FALKE Friends" program - in particular when such amendments are necessary to ensure the simple and secure operation of the program. Before any such changes take effect, you will be informed by email, regular mail, or on our website. If you do not expressly object to an amendment within two months of receiving a notification, then the respective amendment will be considered "approved." This condition will also be specified in the notification. On the other hand, any sweeping changes that affect the bases of the legal relationship between the parties and which may result in the conclusion of a new contract are only possible with your express consent.

2.8 Cancellation policy (for your participation in the FALKE FRIENDS program): As a consumer who places an order on the Internet, you are usually granted a legal right to cancel which we will summarize below.

Cancellation policy

Right to cancel

You have the right to cancel your order within fourteen (14) days for any reason whatsoever.

This period begins on the day that you conclude the sales contract.

To exercise your right to cancel, you must inform us (FALKE KGaA, FALKE Online Outlet Store, Oststraße 3, 57392 Schmallenberg, Germany, Tel.: 00800 22033022, Email: outlet@FALKE.com) by way of an unambiguous declaration (e.g., a letter sent by mail, email, or fax) of your decision to cancel your order. You can use the attached form for this purpose, but it is not mandatory.

To be valid, a cancellation request must be received before the end of the cancellation period.

Consequences of the cancellation

If you decide to exercise your right to cancel, we will refund all payments we have received from you thus far, including delivery costs (with the exception of additional costs for non-standard deliveries), immediately or no later than fourteen (14) days from the day upon which we received the notification of your decision to cancel your order. The refund will be issued using the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees associated with the canceled order or refund.

If you requested that services begin during the cancellation period, then you will be required to pay us an amount that corresponds to the value of the services that have already been provided up to the time you notify us of your decision to cancel, calculated as the proportion of the total services provided for in the contract.

 

Sample cancellation letter

(If you wish to cancel your order, please complete and return the following letter.)

–      To: FALKE KGaA, FALKE Online Outlet Store, Oststraße 5, 57392 Schmallenberg, Germany, Email: outlet@FALKE.com:

–      I/we (*) hereby cancel the order concluded by me/us (*) for the purchase of the following goods (*) or the provision of the following services (*)

–      Ordered on (*) or received on (*)

–      Name of the consumer(s)

–      Address of the consumer(s)

–      Signature of the consumer(s) (only for communication by paper)

–      Date

(*) If not applicable, delete

End of cancellation policy

3.1 The following delivery restriction applies: We only deliver to customers with a shipping address in the European Union, Switzerland or United Kingdom.

3.2 If the product you have ordered is temporarily unavailable, we will notify you of this immediately. In the event of a delivery delay of more than two weeks you have the right to rescind the contract. Additionally, in this case we are also entitled to withdraw from the contract (although in the case of a subscription agreement this only applies to the unavailable part of the contract). Any payments already made in this case will be returned without delay.

3.3 If we are unable to keep to binding delivery dates for reasons not in our control (unavailability of the service), we shall notify you of this immediately and simultaneously give notice of an estimated new delivery date. If the delivery is also unavailable within the new delivery period, we are entitled to withdraw either fully or partly from the contract (in the case of a subscription agreement this only applies to the unavailable part of the contract); we shall immediately refund any payment already made by you. In this case, non-availability is said to be in particular the non-punctual delivery to us by our suppliers when we have concluded a congruent covering transaction, neither we nor our supplier is at fault or if in that instance we are not obliged to deal with the procurement. Our statutory rights to rescind and terminate the contract as well as the regulations on settling the contract in the case of an exclusion of the performance obligation (e.g. it is impossible or unreasonable to have to perform the obligation and/or to subsequently perform it) are unaffected.

3.4 The risk of accidental loss and accidental deterioration of the articles is transferred to you, the customer, on handover.

4.1. Until full payment of the relevant invoice amount, the articles supplied shall remain our property (articles subject to retention of title). As customer, you are obliged to treat the article with care while the retention of title prevails.

4.2. In the event of seizures or other acts by third parties, you must indicate that the articles are our property and notify us immediately in writing so that we are able to enforce our ownership rights. If the third party is unable to refund us the judicial costs or extra-judicial costs incurred in this regard, you shall be held liable.

5.1. All prices stated on the FALKE Online Shop website are quoted inclusive of the applicable value added tax.

5.2. The shipping costs incurred will be notified to you as part of the presentation of our products and during the ordering process. These costs may vary depending on the delivery address you give.

5.3. Depending on the invoice address provided, you will be offered various ways to pay (e.g. by credit card, PayPal, Amazon Payments or on account). The various payment options will be displayed for you to choose from during the order procedure. You are able to alter the payment method stored in your customer account at any time provided it is possible with the invoice address you have stated.

5.4. Unless agreed otherwise (such as for the subscription agreement in accordance with Part (C), 1.5), payment of the purchase price will become due immediately on conclusion of the contract. When buying on account, payment becomes due immediately after the invoice has been received.

5.5. Your payment data will be transmitted to the corresponding payment service provider depending on the method of payment you have chosen. The financial service provider is responsible for your payment data. You should be aware that before choosing a payment method we perform an assessment of credit risk based on mathematical-statistical processes (scoring). For this, the personal data necessary for making the credit check - in other words, name, date of birth and address - are transmitted to these companies, and your address data are also taken into account. Using this information the statistical probability of default is calculated and on this basis a decision is made as to the more detailed execution of the contract, including in particular the nature of the payment options available to you.

6.1. Concerning the collection, processing and use of personal data and the application of the scoring procedure (see 5.5) we refer you to our data protection statement which can be downloaded at any time from our website in printable form using the button "Datenschutzerklärung" [=data protection statement].

6.2. If you have set up a customer account, you always have the option of downloading the data stored about you using the button "Mein Konto / Meine Daten" [=my account/my data] and altering or deleting it.

7.1. You have the option to have individual articles from our range embroidered with a series of characters, which is sewn onto the outside of both the left and right socks of the chosen article (“personalisation”). Articles that can be customised are marked with a needle and thread symbol at the bottom right of the preview image. After selecting the article and clicking the “personalisation” button, you can specify a four-character combination of letters and full stops and/or spaces. You can also select one of twelve embroidery colours and you have a choice of three fonts.

7.2. We reserve the right to refuse certain combinations, for example if they contain the trademark of a third party or the names of sports teams, athletes or other known persons, that neither you nor we have the right to use, or because we find the combination inappropriate. If we refuse your chosen combination, you will be notified of this via email as soon as possible.

7.3. Your chosen personalisation must not breach the rights of third parties. Please note that, although we have the right to refuse your requested personalisation, you bear all responsibility for the personalisation and we are under no legal obligation to check or refuse your personalisation. If your chosen personalisation infringes the rights of a third party and that third party makes a claim against us (especially, but not limited to, compensation, omission or disclosure claims), then you are liable for compensation for any resulting damages.

7.4. Please note that you do not have the right of cancellation in relation to articles personalised by you and we cannot accept returns – unless the article is faulty.

8.1. The statutory provisions govern your rights in the event of material defects and defects of title.

8.2. An additional guarantee applies in the case of articles supplied by us only if this has specifically been stated in the product description on the site of our Online Shop or on the order confirmation for the relevant product.

9.1. Provided these general terms of business and the following provisions do not come into conflict, we shall be liable under the relevant statutory provisions in the event of an infringement of contractual and non-contractual obligations.

9.2. Irrespective of the legal grounds, we shall be liable for payment of damages in the case of intent and gross negligence. In cases of simple negligence we shall only be liable

a) for damages arising from wrongful death, personal injury or impairment of health, 

b) for damages caused by the breach of a material contractual obligation (i.e. an obligation the fulfilment of which is crucial for the proper performance of the contract and on the fulfilment of which the contracting party regularly relies and may rely); in this case, however, our liability is restricted to the replacement of foreseeable damage which may typically occur.

9.3. The restrictions on liability resulting from 8.2 do not apply if we have maliciously concealed a defect or have given a quality guarantee for the articles. The same applies to claims asserted by you under the Act on Product Liability.

9.4. Insofar as we are excluded from or restricted in our liability for damages, this shall also apply with regard to the personal liability of our employees, factory workers, collaborators, representatives and agents.

FALKE's customer service can be reached on:

Mondays - Fridays, 08:00 - 18:00 and Saturday, 08:00 - 16:00

E-Mail: online@FALKE.com

Telephone: 00800 22033022

Postal address:

FALKE KGaA

Online-Shop

Oststraße 5

D-57392 Schmallenberg

Germany

13.1. You can view FALKE's general terms of business on the website www.falke.com under "Terms and conditions". You may also print or save this document by using the normal function provided by your internet browser. You can also download and archive this document as a PDF file by clicking here.

13.2. You can also archive the data from your order by waiting for the automatic order confirmation that we will email to you at the email address you have given once your order has been completed. This order confirmation email contains the data of your order and can be easily printed out or saved by your email program.

13.3. Within a reasonable period after concluding the contract and at the latest on delivery of the articles, we shall also provide you with a confirmation of the contract and its content on a permanent data carrier (e.g. by email or in writing) so that you can save the contract text and/or file it among your documents. This rule does not affect more extensive statutory information obligations with which we have to comply in respect of you.

13.4. Your order data will be stored by us but for security reasons cannot be downloaded by you directly. We offer each customer password-protected direct access via their customer account ("Mein Konto" [=my account]). With the corresponding registration this allows you to view data concerning your completed, open and recently shipped orders and to manage your address details, payment information and newsletters.

13.5. The text of the contract is stored subject to data protection security.

14.1. We grant a contractual right to return all our products within 14 days which is longer than the statutory cancellation right.

14.2. This contractual right allows you to dissolve the contract or, in the case of a subscription, to reverse a single shipment. To do this you must send the articles back to us as follows within 14 days of receiving them:

(1) Request a return slip by email from our customer service at online@FALKE.com or by phone on 00800 22033022; the return slip will then be emailed to you; 

(2) Print out the return slip and affix it to the package;

(3) Simply drop off your parcel at your nearest post office - postage is already paid.

14.3. A punctual consignment date is adequate to preserve the deadlines. Should you want to use the contractual right of return, it will be necessary for you to have treated the products and packaging well beforehand and to send us back the entire, undamaged articles in the original packaging. If you have damaged the articles, the contractual right to return the articles is excluded. They are returned at our risk.

14.4. The statutory cancellation right for consumers (see Part (B) point 2 and Part (C) point 2) is not affected by our rules concerning the contractual right to return articles, but applies independently of it.

1.1. You can choose from the FALKE Online Shop range of products and place them in your virtual shopping cart using the "in den Warenkorb" [=into the shopping cart] button. The presentation of products in the FALKE Online Shop is not a legally binding offer; it is simply a non-binding online catalogue.

1.2. By clicking on the button "jetzt kostenpflichtig bestellen" [now make a binding order], you are making a binding order for the articles contained in the shopping cart, constituting your offer to FALKE. By clicking this button you signify acceptance of these general terms of business which means you have included them in your application.

1.3. We will immediately email confirmation of the receipt of your order. This type of confirmation does not imply a binding acceptance of the order, unless it also states our acceptance besides confirming receipt. A contract only becomes effective when we accept your order separately in an email (shipping confirmation) or through delivery of the ordered articles.

As a consumer, you always have a statutory right to cancel on concluding a distance selling transaction for which we are notifying you as per the statutory method.

Cancellation information

Right to cancel

You have the right to cancel this contract within fourteen days without stating reasons. The cancellation period is fourteen days from the day on which you, or a third party you have nominated, who is not the carrier, have or has taken possession of the articles.

In order to exercise your cancellation rights, you must send us a clear declaration (e.g. a letter sent by mail, telefax or email) to us (FALKE KGaA, Online Shop, Oststraße 5, 57392 Schmallenberg, Germany, Tel.: 00800 22033022, E-Mail: online@FALKE.com) of your decision to cancel this contract. You may use the attached specimen cancellation form, although it is not mandatory.  To safeguard the cancellation period it is sufficient to send off the notification about exercising the cancellation right before the cancellation period ends.

Consequences of cancellation

If you cancel the contract, we must immediately refund to you all the payments we received from you, including the delivery costs (except the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery we offered) by the latest within fourteen days from the date on which we received the notice cancelling this contract. For this repayment we use the same means of payment that you used for the original transaction, unless a different arrangement has been specifically agreed; under no circumstances will you be charged for this refund. We can refuse repayment until we have received the articles or until you have furnished proof that you have sent back the articles, depending on which is earlier.

You must immediately send back or hand over the articles to

FALKE KGaA

Online Shop

Auf der Lake 3

D-57392 Schmallenberg

Germany

within fourteen days at the latest from the date on which you notified us of the cancellation of this contract. The time limit is complied with if you send back the articles before the 14-day time limit has expired. We bear the costs of sending back the articles. You must only pay for the loss of value of the articles if this loss of value can be traced to unnecessary handling of them to verify the nature, characteristics and functioning of the articles.

 

Specimen cancellation form

[If you want to cancel the contract, please complete this form and send it to us.]

–          To FALKE KGaA, FALKE Online Shop, Oststraße 5, 57392 Schmallenberg, Germany, E-Mail: online@FALKE.com: I herewith cancel the contract concluded by me for the purchase of the following articles (*) / the provision of the following service (*). –          Ordered on (*)/ received on(*) –          Name(s) of consumer –          Address of consumer   –          Signature of consumer (only for communication on paper) –          Date (*) Delete as applicable.

1.1. In addition to the one-off purchase of individual products you also have the option to conclude a contract for a product subscription via the FALKE Online Shop so that several times a year you are sent socks, stockings or tights of your choice by post at regular intervals – to be chosen by you – ("subscription agreement").

1.2. To set up a subscription agreement you can initially choose articles from the FALKE Online Shop range and place them in the virtual shopping cart using the button "Produkt abonnieren" [=subscribe to product] [NB: Adapt if necessary.]. The articles in the shopping cart are displayed in the section "Abo konfigurieren" [=configure subscription] [NB: Adapt if appropriate.]. You have the option there to select the frequency of deliveries per year ("delivery rhythm") as well as to determine the quantity of products to be delivered once again. We provide a selection of possible delivery rhythms. By clicking on the button "Zahlungspflichtigen Vertrag schließen" [Conclude formal contract] you are providing a binding offer to conclude a subscription agreement concerning the articles in the shopping cart. The application can only be sent off and transmitted if you accept these general terms of business by clicking on the button "AGB akzeptieren" [=accept general terms of business] and so include them in your offer.

1.3. We will immediately email confirmation of the receipt of your order. This type of confirmation does not imply binding acceptance of the subscription agreement, unless besides confirming receipt it also states acceptance. A subscription agreement only comes into being when we accept your order separately in an email (shipping confirmation) or through the initial delivery of the ordered articles.

1.4. The subscription agreement for the articles chosen by you (including the delivery rhythm) is made for an indefinite period.

1.5. During the term of the subscription agreement you can at any time add new articles to the subscription agreement via your customer account to the articles you have chosen – allowing a lead time of at least one (1) month. The provisions in point 1.2 of Part C apply analogously to such an extension of the subscription agreement.

1.6. In addition, you have the option, during the term of the subscription agreement, at any time via your customer account to reduce the number of articles you have chosen – with a lead time of at least one (1) month – resulting in a partial cancellation of the subscription agreement. If you take such a reduction/partial cancellation, we will notify you of the altered contractual elements by email.

1.7. You may cancel the subscription agreement in writing or by email (to: online@FALKE.com) subject to one month's notice. We can terminate the subscription agreement subject to the statutory notice periods unless the above notice period is longer than the statutory notice period; in this case, the above notice period of one month also applies to us. The termination of the subscription agreement has no effect on the articles supplied up to termination of the subscription agreement.

1.8. Payment of the purchase price for each (partial) delivery becomes due directly after the corresponding invoice is received.

1.9. Changes to the shipping address are to be notified to us at online@FALKE.com at least 20 days before the next delivery date.

As a consumer, you always have a statutory right to cancel on concluding a distance selling transaction for which we are notifying you as per the statutory method.

Cancellation information

Right to cancel

You have the right to cancel this contract within fourteen days without stating reasons. The cancellation period is fourteen days from the day on which you, or a third party you have nominated, who is not the carrier, have or has taken possession of the articles.

In order to exercise your cancellation rights, you must send us a clear declaration (e.g. a letter sent by mail, telefax or email) to us (FALKE KGaA, Online Shop, Oststraße 5, 57392 Schmallenberg, Germany, Tel.: 00800 22033022, E-Mail: online@FALKE.com) of your decision to cancel this contract. You may use the attached specimen cancellation form, although it is not mandatory.  To safeguard the cancellation period it is sufficient to send off the notification about exercising the cancellation right before the cancellation period ends.

Consequences of cancellation

If you cancel the contract, we must immediately refund to you all the payments we received from you, including the delivery costs (except the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery we offered) by the latest within fourteen days from the date on which we received the notice cancelling this contract. For this repayment we use the same means of payment that you used for the original transaction, unless a different arrangement has been specifically agreed; under no circumstances will you be charged for this refund. We can refuse repayment until we have received the articles or until you have furnished proof that you have sent back the articles, depending on which is earlier.

You must immediately send back or hand over the articles to

FALKE KGaA

Online Shop

Auf der Lake 3

D-57392 Schmallenberg

Germany

within fourteen days at the latest from the date on which you notified us of the cancellation of this contract. The time limit is complied with if you send back the articles before the 14-day time limit has expired. We bear the costs of sending back the articles. You must only pay for the loss of value of the articles if this loss of value can be traced to unnecessary handling of them to verify the nature, characteristics and functioning of the articles.

 

Specimen cancellation form

[If you want to cancel the contract, please complete this form and send it to us.]

–          To FALKE KGaA, FALKE Online Shop, Oststraße 5, 57392 Schmallenberg, Germany, E-Mail: online@FALKE.com: I herewith cancel the contract concluded by me for the purchase of the following articles (*) / the provision of the following service (*). –          Ordered on (*)/ received on(*) –          Name(s) of consumer –          Address of consumer   –          Signature of consumer (only for communication on paper) –          Date (*) Delete as applicable.