Our General Terms and Conditions were written in German. Translations are for information purposes only. The German version applies.
Contents of the General terms
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “TuchundStoff – Lucia Hohl” (hereinafter referred to as “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding the goods and/or services presented by the Seller in its market stall or retail store and its online shop. Any customer’s own terms and conditions are hereby rejected unless otherwise agreed in writing.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent freelance or commercial activity.
Conclusion of Contract
2.1 The product presentations contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve as a basis for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer 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 email), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby 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 apply, the contract is concluded at the time 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 a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the expiry of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the Seller’s online order form, the contract text will be saved by the Seller and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting their order.
2.6 Before submitting a binding order via the Seller’s online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only German is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that SPAM filters are used.rzustellen, dass alle vom Verkäufer oder von diesem mit der Bestellabwicklung beauftragten Dritten versandten Mails zugestellt werden können.
3. Right of Withdrawal
Consumers generally have 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 withdraw from this contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must notify us (TuchundStoff, Lucia Hohl, Am Hegbach 22, 64546 Mörfelden-Walldorf, Tel.: +49 (0)6105 21466, Email: kurier@tuchundstoff.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of Cancellation
Customer-made items created by the entrepreneur that meet the consumer’s specifications are excluded from the right of cancellation; they cannot be returned.
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s offer, the prices quoted are final prices including statutory VAT. 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 money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties (e.g., customs duties) or taxes.
4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.
4.4 If advance payment has been agreed, payment is due immediately upon conclusion of the contract.
4.5 Invoice: The payment period is 14 days from dispatch of the goods or, for other services, from the provision of the service.
5. Delivery and Shipping Conditions
5.1 Goods are generally delivered by post to the delivery address provided by the customer. The delivery address provided by the seller during the purchase process is decisive for the processing of the transaction.
5.2 If the shipping 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 shall not apply if the customer is not responsible for the circumstances leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer or an authorized recipient upon handover. If the customer is a business owner, the risk of accidental loss and accidental deterioration in the case of a sale by dispatch shall pass to the seller upon delivery of the goods to a suitable carrier 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 only applies if the non-delivery is not the seller’s responsibility and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is only possible at previously agreed times.
6. Retention of Title
6.1 With regard to consumers, the Seller reserves title to the delivered goods until full payment of the purchase price owed.
6.2 With regard to businesses, the Seller reserves title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the Customer acts as a business, he is entitled to resell the reserved goods in the ordinary course of business. The Customer assigns all claims against third parties arising from this in the amount of the respective invoice value (including sales tax) to the Seller in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer fulfills its payment obligations to the Seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.
Liability for Defects
Once the delivered goods have been cut or otherwise processed, any complaint regarding obvious defects is excluded.
If there is a defect in the purchased item, the statutory provisions apply. The following applies to items that have not been used for clothing in accordance with their usual purpose and have caused the defectiveness:
7.1 For Entrepreneurs
- An insignificant defect generally does not give rise to claims for defects.
- The seller has the choice of the type of subsequent performance.
- For new goods, the limitation period for defects is one year from the transfer of risk.
- For used goods, rights and claims due to defects are generally excluded.
- The limitation period does not commence anew if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims for defects is:
- For new goods, two years from delivery of the goods to the customer.
- For used goods, one year from delivery of the goods to the customer, subject to the restriction of Section 7.3.
7.3 For businesses and consumers, the above limitations of liability and limitation periods in Sections 7.1 and 7.2 do not apply to claims for damages and reimbursement of expenses that the buyer may assert under the statutory provisions due to defects in accordance with Section 8.
7.4 Furthermore, for businesses, the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to businesses and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.6 If the customer is a consumer, he or she is requested to complain to the delivery person about any goods delivered with obvious transport damage and to inform the seller of this.
7.7 If subsequent performance is carried out by way of replacement delivery, the customer is obliged to return the initially delivered goods to the seller within 30 days at the seller’s expense. The return of the defective goodsre hat nach den gesetzlichen Vorschriften zu erfolgen.
7. Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation for any legal reason:
- in the event of intent or gross negligence,
- in the event of negligent or intentional injury to life, body, or health,
- based on a warranty promise, unless otherwise provided,
- based on mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with Section 8.1. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents andgesetzlichen Vertreter.
9. Indemnification in Case of Infringement of Third-Party Rights
If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g., copyrights or trademark rights). The customer indemnifies the seller against any claims made by third parties in connection with an infringement of their rights through the seller’s contractual use of the customer’s content. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.
10. Applicable Law
10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2 If the Customer acts 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 has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office 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 above cases, however, the Seller is entitled in any case to bring proceedings before the court at the Customer’s registered office.
