Terms of Service and Customer Information

Table of content

  1. Scope
  2. Contract
  3. Withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Ownership/ Retention of title
  7. Liability for Defects (warranty)
  8. Liability
  9. Redeeming action vouchers
  10. Redeeming gift vouchers
  11. Applicable law
  12. Place of Jurisdiction
  13. Code
  14. Alternative dispute resolution

1) Scope of application

1.1  These general terms and conditions (hereinafter “GTC”) of House of Textile Arts eK (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller’s goods presented in his online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.

1.2  These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3  A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4  Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) conclusion of the contract

2.1  The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2  The customer can submit the offer via the online order form integrated in the seller’s online shop. After the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button that concludes the order, a legally binding contract offer with respect to Shopping Cart. In addition, the customer can also submit the offer to the seller by phone, fax, e-mail, postal or online contact form.

2.3  The seller can 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), in so far as the receipt of the order confirmation is relevant to the customer, or
  • By providing the customer with the ordered goods, in so far as the receipt of the goods is relevant to the customer, or
  • By asking the customer to pay for the Order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first Occurs. The time limit for acceptance of the offer commences on the day following the dispatch of the offer by the customer and ends with the expiration of the fifth day following the dispatch of the Offer. If the seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of Intent.

2.4  If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the point in time at which the customer clicks on the button that concludes the ordering process.

2.5  When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. A further access to 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 sending his order, the order data will be archived on the seller’s website and can be stored by the customer via his password-protected user account, stating the The corresponding login data for free.

2.6  Before submitting the binding 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 detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.7  German and English are available for the conclusion of the contract.

2.8  The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that 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  Further 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 the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1  Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2  For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must 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 may be incurred in relation to the transfer of funds even 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 shop.

4.4  If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select a payment method offered via the “Stripe” payment service, the payment will be processed by 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 are communicated to the customer in the seller’s online shop. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. More information about Stripe is available online at https://stripe.com/de available.

4.6  If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance payment information has expired. The collection of the direct debit takes place when the ordered goods leave the warehouse of the seller, but not before the deadline for the advance information. Advance information (“pre-notification”) is any notification (e.g. invoice, policy, contract) of the seller to the customer announcing a charge by means of SEPA direct debit. If the direct debit is not redeemed due to lack of sufficient account coverage or due to the indication of a false bank details, or if the customer objects to the debit, although he is not entitled to do so, the customer must To bear the fees incurred by the credit institution if he is responsible for doing so.

5) Delivery and shipping conditions

5.1  If the seller offers to ship the goods, the delivery will 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 seller’s order processing is decisive.

5.2  If 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. In the event of an effective exercise of the right of withdrawal by the customer, the return costs shall be governed by the provisions of the seller’s revocation instructions.

5.3  If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer is acting as a consumer, the risk of accidental destruction and accidental deterioration of the goods sold will not in principle pass until the goods are handed over to the customer or a person entitled to receive them. In contrast to this, the risk of accidental destruction and accidental deterioration of the goods sold already passes to the customer among consumers as soon as the seller takes the goods to the carrier, the carrier or the otherwise to carry out the shipment. Has delivered a specific person or institution if the customer has contracted the carrier, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the contract and the seller has not previously named that person or institution to the customer.

5.4  The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not to be represented by the seller and the latter has concluded a concrete cover deal with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5  Pickup is not possible for logistical reasons.

5.6  Vouchers are provided to the customer as follows:

– via E-Mail

6) Retention of title

6.1  In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

6.2  In relation to entrepreneurs, the seller reserves title to the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3  If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting receivables against third parties is made by the customer 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 receivables even after the assignment. The seller’s authority to collect the claims itself remains unaffected. However, the seller will not collect the receivables as long as the customer fulfils his payment obligations to the seller, is not in default of payment and no application for opening of insolvency proceedings is filed.

7) Liability for Defects (warranty)

Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies 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;
  • in the case of used goods, the rights and claims due to defects are excluded;
  • The limitation period does not start again if a replacement delivery takes place within the scope of the liability for defects.

7.2  The limitations of liability and shortening of deadlines set out above do not apply

  • for claims for damages and reimbursement of expenses by 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 usual purpose 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 delivery of goods with digital elements.

7.3  In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4  If the customer acts as a merchant within the meaning of § 1 HGB, he has the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer omits the notification duties regulated therein, the goods are considered as approved.

7.5  If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this does not affect his legal or contractual claims for Defects.

8) Liability

The seller shall be liable to the customer for all contractual, contractual and statutory claims for damages and expenses for compensation as follows:

8.1  The seller is fully liable for any legal reason

  • In the case of intent or gross negligence,
  • In the event of intentional or negligent injury to life, body or health,
  • On the basis of a promise of guarantee, unless otherwise provided for in this
  • Due to compelling liability such as the Product Liability Act.

8.2  If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on whose observance the customer regularly Can trust.

8.3  Incidentally, a liability of the seller is excluded.

8.4  The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Redeeming promotional vouchers

9.1  Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only in the specified period.

9.2  Promotional vouchers can only be redeemed by consumers.

9.3  Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.4  Promotional vouchers can only be redeemed before completing the ordering process. A subsequent settlement is not possible.

9.5  Only one promotional voucher can be redeemed per order.

9.6  The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance 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 can be selected to settle the difference.

9.8  The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

9.9  The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

9.10  The promotional voucher is transferrable. The seller can make payments with discharging effect to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

10) Redeeming gift vouchers

10.1  Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless the voucher states otherwise.

10.2  Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Residual credits will be credited to the customer by the expiration date.

10.3  Gift vouchers can only be redeemed before completing the ordering process. A subsequent settlement 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 can 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 transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

11) Applicable law

11.1  The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded 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 does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a public-law special asset based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction shall be held by all disputes arising from this contract of the Federal Republic of Germany. The seller’s place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims under the contract of professional or professional or Commercial activity of the customer. However, in the above cases, the seller is entitled in any case to call the court at the customer’s place of residence.

13) Code of conduct

– The seller has submitted to the conditions of participation for the e-commerce initiative “Fairness in trade”, 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 under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a focal point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2  The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.