General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redemption of campaign vouchers
- Redeeming gift vouchers
- Applicable Law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of House of Textile Arts e.K. (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the Offer via the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, fax, email, post or online contact form.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service “Stripe” is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller’s online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/de available.
4.6 If the SEPA Direct Debit payment method is selected, the invoice amount shall be due for payment after a SEPA Direct Debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for prior information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller’s instructions on revocation apply.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the Customer as follows:
– by email
6) Retention of title
6.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.
7) Liability for defects (warranty)
Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from delivery of the goods;
- the rights and claims due to defects are excluded for used goods;
- the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 The above-mentioned limitations of liability and shortening of time limits shall not apply to
- for claims for damages and reimbursement of expenses of the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty to examine the goods and to give notice of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
7.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason whatsoever
- in the event of intent or gross negligence,
- in the event of willful or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Redemption of campaign vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.
9.2 promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
9.4 promotional vouchers can only be redeemed before the order process is completed. Subsequent billing is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.9 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
9.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.
10) Redeeming gift vouchers
10.1 Gift vouchers that can be purchased via the Seller’s online store (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Gift Voucher.
10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining credit will be credited to the customer until the expiry date.
10.3 gift vouchers can only be redeemed before the order process is completed. Subsequent billing is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift Vouchers can only be used to purchase goods and cannot be used to purchase additional Gift Vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
10.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective holder.
11) Applicable Law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
13) Code of Conduct
– The seller has submitted to the conditions of participation for the eCommerce initiative “Fairness in Commerce”, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.