Terms of service

Table

  4. of ContentsScope of ApplicationConclusion of ContractRight of WithdrawalPrices and
  5. Payment TermsDelivery and
  6. Shipping TermsRetention of TitleLiability
  7. ä for Defects (äWarranty)
  9. Liability
  10. Governing Law Jurisdiction
  11. Alternative Dispute Resolution 1

) Scope of Application 1

.1  These GeneraläTerms and Conditions (hereinafter„“GTC”) of HTS Textilvertriebs GmbH (hereinafter„ ä“Seller”") apply toüalläcontracts for the delivery of goods that a consumer or business (hereinafter„ “Customer”)ääenters into with theSeller regarding thegoods displayed bythe Seller in its online storeß. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A “consumer” as defined in these General Terms and Conditions is any naturalü person whoäenters into a legal transactionfor purposesßthatüääare predominantly neitherrelated to their commercial norto their self-employed professionalactivitiesö .

1.3 An “entrepreneur” within the meaning of these General Terms and Conditions is aünatural or legal person or aä partnership with legal capacity that, when entering into aälegal transactionüä ä, acts inthe course of its commercial orself-employed professionalactivity.

2) Conclusion of the Contract 2

.1. ä The product descriptions contained in the Seller’s online storedo not constitute binding offers on the part of theäSeller, but rather serve to enable the Customer to submit a binding offer.

2.2  The Customer mayüäsubmit the offer using theonline order form integrated into the Seller’s online store . In doing so, afteräplacing theselected items in the virtual shopping cart and completing the electronic ordering process, the customer submitsßa legally binding offer to enter into a contract regarding the items contained in the shopping cart by clicking the button that completes the ordering process.

2.   3Theäseller may üaccept the customer’s offer within five days

  • byääüsending the customer a writtenorder confirmation or an order confirmation in text form (fax or email) , in which case the dateäthe customer receives the order confirmationßis decisive,
  • or by delivering the ordered goods to the customer, in which case the date the customer receives the goodsßis 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 the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the close of theüfifth day following the submission of the offer. If theäseller doesnot acceptthe customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customerä is no longerbound by his or her declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handledüby the payment service provider PayPal (Europe) S.àr.l. et Cie,S.C.A. , 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter:„“PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com /de/webapps/mpp/ua/useragreement-full or—if the customerüdoes nothave a PayPal accountü—–subject to the terms and conditions füor payments without a PayPal account, available at https://www.paypal.com /de/webapps/mpp/ua/privacywax-full. If the customer pays using aäpayment method offered by PayPal that can be selected during the online ordering process,ätheä seller hereby declaresacceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering processß .

2.5.  When an offer is submittedü via theäseller’s online order form, the text of the contract isästored by theseller after the contract is concludedandütransmitted to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order.ü äTheäseller will not make the text of the contract availablein any other form. If the customerähas created a user account in the seller’s online store before submitting their order, the order details will beä archived on theseller’s websiteand caönüübe accessed by the customer free of charge via their password-protecteduser account by entering the appropriate login credentials.

2.6 Before submitting a binding orderü via theäseller’s online order form,the customer canöidentify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better detecting input errors canö ßbe the browser’s zoom function, which enlarges the display on the screenö ß. During the electronic ordering processüü, the customer cancorrect their entries usingstandard keyboard and mouse functions until they click the button that completes the ordering processß.

2.7 üVarious languages are available for the conclusion of the contractü. The specific language selection is displayed in the online store.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so thatäemails sent by the seller ca ön be received at that address . In particular, when using spam filters, the customer must ensure that alläemails sent by the seller or by third parties commissioned by the seller to process the orderöcan be delivered.

3) Right of Withdrawal3

.  1 Consumers generally haveä a right of withdrawal.

3.2 äFurther information regarding the right of withdrawal can be found in theäSeller’s withdrawal policy.

4) Prices and Payment Terms4

. 1Unlessäotherwise stated in theseller’s product description, the prices listed are total prices that include the applicable sales tax.äAny additional delivery and shipping costs, if applicable,are listed separately in the respective product description.

4.2 Theö payment option(s) will beäcommunicated to the customer in theseller’s online store.

4.3  If aü„payment method offered through the“PayPal” payment service is selected ü, payment processing will be handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If theäsellerüalso offers payment methods via PayPal in which the seller ümakes an advance payment tothe customer (e.g., purchase on account or installment payments), the seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting theääseller’s declaration of assignmentü, PayPal or the payment service provider commissioned by PayPal conductsü a crediät check using thecustomer data providedü. Theäselleräreserves the right toäüdeny the customer theselected payment method in the event of a negativeverification result. If theäselected payment method is approved, the customer must pay the invoice amount within the agreed-upon payment period or in the agreed-upon payment installments. In this case, the customer may only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect.äHowever, even in the event of an assignment of the claim, theseller remainsäresponsible füor general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawaläand related shipments, or credit memos.

4.4 If aü"" payment method offered through theShopify Payments service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter"“Stripe”"). The specificü payment methods offered through Shopify Payments areädisclosed to the customer in theseller’s online store. To process payments, Stripe may use additional payment services,ü which may be subject to specific payment terms and conditions that will be separately communicated to the customer, if applicable. Further information about"Shopify Payments"ishttps://www.shopify.com available online at /legal/terms-payments-de.

5) Delivery and Shipping

Terms5. 1 If theä Seller offersto ship the goods, delivery will be made within theädelivery area specified by the Seller to the shipping address provided by the Customer, unless otherwise agreed. For the purposes of processing the transaction, theäshipping address provided during theseller’s order processing isß decisive. Notwithstanding the foregoing, if PayPal is selected as the payment methodß , the shipping address provided by the customer to PayPal at the time of payment shall apply.

5. 2 If delivery of the goods fails forü reasons attributable to the customer,ä the customer shallbear theäreasonable costs incurred by theseller as a result. This doesü not apply to the costs ofshipping the goods to the customer if the customer effectively exercises their right of withdrawalü. With regard to üüreturn shipping costs, ifüthe customer effectivelyexercises their right of withdrawalä, theprovisions set forth in theseller’s cancellation policy shall apply .

5. 3If the customer is acting as a business, the risk ofäaccidental loss oräaccidental deterioration of the goods sold passesto the customerüas soon as theä sellerüühas delivered the goods to the shipping agent, the carrier, or any otherperson or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of ä accidental loss andäaccidental deterioration of the goods soldägenerally does not pass Üü to the customer untilthe goods are handed over to the customer orto a person authorized to receive them. Notwithstanding the foregoingääü, the risk ofaccidental loss oraccidental deterioration of the goods sold passes to the customer —even in the case of consumers— as soon as theäsellerüühas delivered the goods to the shipping agent, the carrier , or any otherperson or entity designated to carry outthe shipment, provided that the customerüühas commissioned the freight forwarder, carrier,or any other person or entity designated to carry out the shipmentüä, and the seller has not previously identified this person or entity to the customer.

5.4  Theäselleräreserves the right toä ßü rescind the contract in the event of incorrect or improper delivery to the seller. This applies onlyüifäthe seller is notresponsible for the non-deliveryandä has entered into a specific offsetting transactionwith the supplier with due care. Theäseller will make every reasonable effort to procure the goods. In the event thatüüthe goods are unavailableor only partially available, the customer will beünotified immediatelyand the purchase priceüwill be refunded without delay .

5.  5 Pickup by the customer isünotö possible for logistical reasons.

6) Retention of Title If

theäseller makes an advance delivery,ä the seller retainsätitle to the delivered goods until the purchase price owed has been paid infull.

7) äLiability for Defects (äWarranty)

Unless otherwise provided in the following provisions, the statutory provisions governingäliability for defects shall apply . Notwithstanding the foregoingä, the following shall apply to contracts for the delivery of goods:

7. 1. If the customer is acting as a business,

  • theäseller maychoose the method of subsequent performanceü;
  • äfor new goods, theästatute of limitations füorä claims arising from defects is one year from delivery of the goods;
  • for used goods,äclaims arising from defects areexcluded;
  • the statute of limitations doesänot restartifäa replacement delivery is made under thewarranty for defects.

7.2 The limitations of liabilityäand shortened time limits set forth aboveüdo not apply to

  • ütheücustomer’s claims for damages and reimbursement of expenses
  • inüthe event that theäseller fraudulently concealed the defect,
  • füor goods thatüühave been used in accordance with theircustomary purpose ina structure and have caused the structure’s defectiveness,
  • üor for any existing obligation on the part ofäthe seller to provide updates füor digital products inäcontracts for the delivery of goods with digital elements.

7.3 üFurthermore, with respect toübusiness customers, the statutoryälimitation periods füor any existing statutoryüright of recourseüremain unaffected.

7. 4If the customer is acting as a merchant under Sectioni.S.d.§1 of the German Commercial Code (HGB), the customer is subject to the merchant’äsüduty to inspect andreport defects pursuant toäߧSection 377 of the German Commercial Code (HGB).äIf the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7. 5 If the customer is acting as a consumer, he is requestedäto file a complaint with the delivery service regarding any delivered goods with obvious transport damageandäto notify theseller thereof. Failure to do so shall have no effect on the customer’s statutory or contractualäclaims for defectsü.

8)

LiabilityäThe seller is liable to the customer for all contractual,äquasi-contractual, and statutoryüclaims—including tortious claims—for damages and reimbursement of expenses as follows:

8.1 Theäseller shall be fully liable on any legal basis in cases ofä

  • willful misconduct or grossänegligence,
  • in the event ofäintentional or negligentäinjury to life,öbody, or health;
  • based on a warranty promise, unlessüotherwise specified in thisregard; or
  • based on mandatory liability, such as under the Product Liability Act.

8.2 If theäseller negligently breachesäa material contractual obligation, liability is limited to foreseeable damages typical for this type of contract, unlessäß äunlimited liability applies pursuant tothe preceding section. Essential contractual obligations are obligations that the contractäimposes on theseller, based on its terms, to achieve the purpose of the contract; theüfulfillment of these obligationsä ßü üöis essential for the properperformanceof the contract,and the customeräßmay reasonablyrely on their fulfillment.

8.3 InÜall other respects, theäseller’s liability isexcluded.

8. 4 The foregoing liability provisions also apply with respect to theäseller’s liabilityfüor itsüvicarious agents and legal representatives.

9) Governing Law

:üäThe law of the Federal Republic of Germany shall govern all legal relationships between the parties, to the exclusion of the lawsügoverning the international sale of movable goods. With respect to consumers, this choice of law applies only to the extent thatäöit does notdeprive the consumer of theprotection afforded by mandatory provisions of the law of the country in which the consumerhas his or herhabitual residence.

10)

Jurisdiction:If the customer is a merchant, a legal entity underöpublic law, oröa special fund under public lawöwith its registered office within the territory of the Federal Republic of Germany,ßthe exclusive place of jurisdiction füor all disputes arising from this contract shall betheääseller’s registered office. If the customer is located outsideßthe territory of the Federal Republic of Germany, theääseller’s place of business shall beßthe exclusive place of jurisdiction füor all disputes arising from this contract if the contract or claimsüarising from the contractäcaön be attributed to the customer’s professional or commercialactivities.äIn the foregoing casesä, however, theseller isin any event entitled to bring the matter before the court at the customer’s place of business.

11) Alternative Dispute Resolution

äThe seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.