Policies
General Terms and Conditions of Business
§ 1 Scope of application
Deliveries by the firm of Textilwelt Internet Vertriebs GmbH (hereinafter "Vendor") to its customers (hereinafter "Purchaser") shall exclusively be on the basis of the present Terms.
§ 2 Conclusion of contract
(1) The offer for the conclusion of a purchase contract shall be made by Purchaser, regularly by dispatch of an order generated via the online shop run by Vendor. Purchaser shall be bound by said offer for a duration of 14 days.
(2) The contract shall originate after the expiry of the binding period stated under sub-section 1 above to the extent that Vendor does not declare acceptance beforehand by dispatch of an order confirmation to Purchaser or does not render the service, otherwise rejecting the offer. Vendor's notification to Purchaser with which receipt of the order is confirmed and its contents are reproduced shall not be deemed acceptance.
(3) Purchaser is informed that slight deviations in the commodities compared with their descriptions and illustrations in the online shop which do not impair the intended use can technically not be ruled out. In particular, product pictures are regularly not true to scale or colour. Purchaser therefore has the possibility of inspecting the commodities or samples thereof on Vendor's premises before placing an order following agreement with Vendor.
§ 3 Right of revocation for consumer contracts
(1) For purchasers who are consumers within the meaning of law, the following holds:
Instructions as to rights of revocation
Right of revocation
You can revoke your contractual declaration in a textual form (e.g. letter, fax, e-mail) within 14 days without stating the reasons or - if the commodity is provided to you before the expiry of the period - by returning the commodity. The period shall commence following receipt of these instructions in a textual form, albeit not before receipt of the goods by the consignee (in recurrent delivery of similar goods, not before receipt of the first part delivery) and also not before performance of our duties to information pursuant to Article 246 § 2, in combination with § 1, sub-sections 1 and 2, Introductory Law to the German Civil Code, and also our duties pursuant to § 312 e, sub-section 1, sentence 1, German Civil Code, in combination with Article 246, § 3, Introductory Law to the German Civil Code. Punctual dispatch of the revocation or the commodity shall suffice to comply with the revocation period. The revocation shall be sent to:
Textilwelt Internet Vertriebs GmbH, Tomphecke 65, D-41169 Mönchengladbach, telefax: (+49) 2161-5769679, e-mail: mail@stoffe-zanderino.de.
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be given back and any benefits drawn (e.g. interest) returned. If you cannot give us the service received back partly or totally or only in a deteriorated condition, you must possibly grant us reimbursement of the value to this extent. This shall not apply in provision of commodities if the deterioration of the commodity is exclusively to be put down to its examination - as would be possible for you, for example, on a shop premises. Apart from this, you can avoid the duty to reimbursement of the value caused by intended use of the commodity by not putting the commodity into use like your property and refraining from everything which impairs its value. Commodities capable of dispatch as a parcel shall be returned at our risk. You shall bear the costs of the return if the commodities delivered correspond to those ordered and if the price of the commodities to be returned does not exceed an amount of 40 Euro or if, in the event of a higher price of the commodity, you have not yet paid the consideration or a contractually agreed part payment at the time of the revocation. Apart from this, the return shall be free of charge for you. Commodities not capable of dispatch as a parcel shall be collected on your premises. Obligations to reimbursement of payments must be fulfilled within 30 days. The period shall commence for you with dispatch of your declaration of revocation or the commodity, for us with receipt of the same.
End of the instructions as to rights of appeal
(2) The aforementioned right of revocation shall be ruled out with a view to objects of purchase individually tailor-made for the purchaser (e.g. yard goods) or produced for him.
§ 4 Delivery / passage of risk
(1) Delivery periods or dates stated by Vendor shall always be without obligation to the extent that they have not expressly been agreed with Purchaser.
(2) In the event of disturbances of delivery as a result of force majeure, including strikes and lock-outs, the statutory directives shall apply, i.e. Purchaser shall be exempted from the obligation to payment just like Vendor from the obligation to deliver.
(3) Vendor shall be entitled to make part deliveries. Additional costs for packaging and dispatch in the event of part deliveries shall be borne by Vendor. If parts of ordered commodities cannot be supplied subsequently by it for reasons for which it is not answerable, Vendor shall be entitled to partial or total withdrawal from the contract.
§ 5 Payment
Payments by Purchaser shall be made by the latter in accordance with the mode of payment selected in its order. Acceptance by Vendor of payments made in advance by Purchaser shall not represent acceptance of Purchaser's order.
§ 6 Retention of title
(1) Vendor reserves ownership to all goods supplied to Purchaser by it until complete and final payment of the same.
(2) To the extent that Vendor replaces commodities within the framework of its liability for defects (cf. § 7 of the terms), provision of the subsequently supplied commodities shall be subject to the suspensive condition that Purchaser returns the goods to be replaced or - to the extent not in a position to do so - provides suitable reimbursement of the value if the statutory prerequisites have been fulfilled.
§ 7 Purchaser's claims from warranty, reservation of change
(1) If the delivered commodities are defective, Purchaser's claims in this regard shall result from law.
(2) If Purchaser is not a consumer, the following shall apply as a deviation from sub-section 1:
(a) With a view to all commodities supplied by Vendor, the duties to examination and notification of defects pursuant to § 377, German Commercial Code, shall apply. This shall also apply accordingly if the purchase in question is not a bilateral trading transaction within the meaning of the law.
(b) If the object of purchase is defective, the right to choose between after-working or replacement delivery shall accrue to Vendor.
(3) If delivery of the confirmed commodities is not possible for Vendor or only possible with unreasonable efforts for reasons for which is it not answerable due to malice aforethought or gross negligence, it shall be entitled to supply commodities of at least an equivalent quality to the extent that the intended use of the commodities is not impaired and all and any deviations from the confirmed commodities can also be reasonably expected of Purchaser, taking the latter's interests into due account.
§ 8 Purchaser's claims to damages
(1) If Purchaser is not a consumer, claims to damages, whatever the reason, and claims to reimbursement of vain expenditure have been ruled out, unless the cause of the damage is based on a breach of duties by gross negligence or malice aforethought or on at least a negligent breach of cardinal contractual duties by Vendor. In the latter case, the liability shall be limited to the amount of the typically foreseeable damage.
(2) The aforementioned limitation of liability shall not apply to damage from injury of life, limb or health, in the event of liability according to the Product Liability Act or to the extent that Vendor has expressly assumed a guarantee.
§ 9 Limitation
(1) If the object of purchase is a second-hand commodity, the period of barring by limitation for Purchaser's claims on account of defects in the object of purchase shall amount to 12 months from passage of risk, in the event of a contract with a purchaser which is not a consumer to 2 months from passage of risk.
(2) If Purchaser is not a consumer, the period of barring by limitation for Purchaser's claims on account of defects to the object of purchase not sold as second-hand shall amount to 6 months from passage of risk.
(3) If Purchaser is not a consumer, the period for barring by limitations for claims to damages and claims to reimbursement of vain expenditure based on a defect in the commodities shall amount to 6 months, unless they are based on at least a negligent breach of cardinal contractual duties by Vendor or the cases stated in § 8, sub-section (2). In such cases, the statutory periods of barring shall apply.
§ 10 Ban on assignment, offset and retention
(1) Assignment of rights from contracts as well as transfer of said contracts in their entirety by Purchaser shall require the prior written approval of Vendor.
(2) Offset or exercising of a right of retention by Purchaser against claims of Vendor shall only be permissible to the extent that and insofar as the counterclaim is due for payment and is legally effective or undisputed.
§ 11 Selection of law, place of performance and place of jurisdiction
To the extent legally admissible and no cogent foreign law of consumer protection is applicable, the following agreements shall apply:
(1) German law, ruling out harmonised purchasing laws, shall apply to all legal relationships of the contracting parties.
§ 12. Information to consumers regarding the out-of-court settlement procedures
12.1. Mandatory information according to the EU Regulation ODR (art. 14) of the European Parliament and Council.
Platform for online dispute resolution for consumer disputes (ODR) to the European Commission:
http://ec.europa.eu/consumers/odr/
Our e-mail address is: mail@stoffe-zanderino.de
12.2. Mandatory information according to the Consumer Law
We are not obliged and in principle not willing to participate to the procedures for the settlement of disputes in front of an online dispute resolution body.
13. Information to consumers regarding the out-of-court settlement procedures
13.1. Mandatory information according to the EU Regulation ODR (art. 14) of the European Parliament and Council.
Platform for online dispute resolution for consumer disputes (ODR) to the European Commission:
http://ec.europa.eu/consumers/odr/
Our e-mail address is: mail@stoffe-zanderino.de
13.2. Mandatory information according to the Consumer Law
We are not obliged and in principle not willing to participate to the procedures for the settlement of disputes in front of an online dispute resolution body.
