AGB

General terms and conditions of business

Our general terms and conditions have been drawn up in German. Translations are for information only. The German language version applies.

Content of the GTC

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Liability
9. Indemnification in case of infringement of third party rights
10. Applicable law

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “TuchundStoff – Lucia Widmann & Harald Hohl GbR, ” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods and/or services presented by the Seller in its market stall or retail shop and its online shop. The customer’s own terms and conditions are hereby rejected unless otherwise agreed in writing.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent freelance or commercial activity.
 

2. Conclusion of contract

2.1 The product representations contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.
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), in which case the receipt of the order confirmation by the customer is decisive, or  

– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
 
– by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. 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 The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting his order.
2.6 Prior to the binding submission of the order via the Seller’s online order form, the Customer may continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is 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 he/she has provided 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 mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
 

3. Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller’s cancellation policy:

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of cancellation, you must inform us (TuchundStoff Widmann & Hohl GbR, Im Staffel 151, 60389 Frankfurt am Main, Tel.: +49 (0)69 94762113, Fax: +49 (0)69 94762112, E-Mail: kurier@tuchundstoff.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

The products made by the entrepreneur correspond to the specifications of the consumer: Made-to-measure items are excluded from the right of withdrawal; they cannot be returned either.

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods. 

4. Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s offer, the prices quoted are final prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated 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 funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties (e.g. customs duties) or taxes.
4.3 Various payment options are available to the customer, which are indicated in the online shop of the seller.
4.4 If advance payment has been agreed, payment shall be due immediately after conclusion of the contract.
4.5 Invoice: The payment period is 14 days from the dispatch of the goods or, in the case of other services, the provision of the service.
  

5. Delivery and shipping conditions

5.1 Goods are regularly delivered by mail order and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller’s checkout process is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered performance, unless the seller had given him reasonable advance notice of the performance.
5.3 As a matter of principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person authorised to receive the goods when the goods are handed over. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sale to destination shall pass to the customer upon delivery of the goods to a suitable transport person at the seller’s place of business .
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply 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 diligence. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is only possible at previously agreed times.
 

6. Retention of title

6.1 With respect to consumers, the Seller retains 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 is entitled to resell the reserved goods in the ordinary course of business. All claims against third parties arising from this shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected by this. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
 

7. Liability for defects

If there is a defect in the purchased item, the statutory provisions shall apply. This does not apply to items that have not been used for clothing in accordance with their usual manner of use and have caused their defectiveness:
7.1 For entrepreneurs
– an insignificant defect shall in principle not constitute grounds for claims based on defects,
– the seller has the choice of the type of supplementary performance,
– the limitation period for defects in new goods is one year from the transfer of risk,
– in the case of used goods, the rights and claims due to defects  are generally excluded
– the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims based on defects is as follows
– for new goods, two years from delivery of the goods to the customer.
– in the case of used goods, one year from delivery of the goods to the customer, with the restriction of clause 7.3.
7.3 For entrepreneurs and consumers, the above limitations of liability and limitation periods in Clause 7.1 and Clause 7.2 do not apply to claims for damages and reimbursement of expenses which the Buyer may assert under the statutory provisions due to defects in accordance with Clause 8.
7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected. The same applies to entrepreneurs and consumers in the case of intentional breach of duty and fraudulent concealment of a defect.
7.5 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 obligation 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 regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this.
7.7 If the supplementary performance is carried out by way of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days at the seller’s expense. The return of the defective goods must be made in accordance with the statutory provisions.
 

8. Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, 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 negligent or intentional injury to life, limb or health,  
– on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,  
– on the basis of 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 Section 8.1. Material 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 makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 In all other respects, any liability on the part 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. Indemnification in case of infringement of third party rights

If, according to the content of the contract, the Seller is also obliged to process the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer shall ensure that the content provided to the Seller by the Customer for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The Customer shall indemnify the Seller against any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer’s content by the Seller. In this case, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers’ fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
 

10. Applicable law

10.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2 If the Customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the customer is domiciled 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 arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.