Terms of service

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. L&iability for Defects (W&arranty)
  8. Liability
  9. Applicable Law
  10. Place of Jurisdiction
  11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Business&Terms (hereinafter &“GTC&”) of HTS Textilvertriebs GmbH (hereinafter the &“Sell&er"”), apply f&or all contr&acts for the delivery of goods, which a consumer or entrepreneur (hereinafter the &“Customer&”) conclu&des with the Sell&er regarding the goods displayed by the Sell&er in its online shop.The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor to their independent professional activity.

1.3  An entrepreneur, for the purposes of these GTC, 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 sel&ler's online shop do not constitute binding offers on the part of the sel&ler, but serve for the submission of a binding offer by the customer.

2.2& nbsp;The customer can submit the offer &via the online order form integrated into the sel& ler's online shop. In doing so, after placing the selec &ted goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that finali&zes the ordering process.

2.3& nbsp;The sell &er can accept the customer's offer within f&ive days,

  • by sending the customer a written order confirm&ation or an order confirm&ation in text form (fax or email),&in which case the receipt of the order confirm& ation by the customer is dec &isive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is dec&isive, or
  • by requesting payment from the customer after their order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs.The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the close of the fi&fth day following the sending of the offer. If the se&ller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the customer is no longer bound by their declar &ation of intent.

2.4  When selecting a payment method offered by PayPal, payment processing is handled& via 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 User Agreement, which can be viewed at& /de /webapps/mpp/ua/useragreement-full or - if the customer does not have& &a PayPal account &– subject to the terms 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 is available& for selection in the online ordering process, the seller &hereby declares&acceptance of the customer's offer at the moment the customer clicks the button which completes &the ordering process.

2.5 When an offer is submitted&via the seller's&online order form, the contract text will be stored by the seller&after the conclusion of the contract and&sent to the customer in text form (e.g., email, fax, or letter) after their order has been submitted. No further&access&to the contract text will be provided by the seller&. If the customer has created a user account in the seller's&online shop before placing their order, the order data will be archived on the seller's& website and can &be accessed by the customer&via their password-protected&user account free of charge by entering the corresponding login details.

2.6  Before placing a binding order&via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for the better detection of input errors is the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8  Order processing and contact are generally handled via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct, so that emails sent by the seller&can be received&at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller &or by third parties commissioned by the seller for order processing 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.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the sell&er's product description, the prices indicated are total prices which include the statutory value-added tax. Any addition&al delivery and shipping costs that may apply are specified separately in the respective product description.

4.2  The available payment m&ethod(s) will be communicated to the customer in the sell&er's online shop.

4.3 If a payment method offered&via the payment service&“PayPal”&is selected, payment is processed& via PayPal, which may also use the services of third-party payment providers for this purpose. If the sell &er also offers payment methods& via PayPal that require advance performance for the custom &er (e.g.,purchase on account or payment by installments), he assigns his payment claim to that extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the sel&ler's declaration of assign&ment, PayPal or the payment service provider commissioned by PayPal con&ducts a cre&dit ch&eck using the& transmitted customer data. The sel &ler res&erves the right to refuse the customer the sele&cted payment method in the event of a negative che&ck result. If the sele&cted payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect.However, even in the event of an assignment of claims, the seller&remains responsible& for &general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal&and their submission, or credit notes.

4.4  If a payment method offered via &the payment service"Shopify Payments "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 individual payment methods offered via&Shopify Payments are communicated to the customer in the seller's&online shop. To process payments, Stripe may use other payment services, for &which special payment conditions may apply, of which the customer will be separately notified where applicable.Further information on"Shopify Payments&is available online athttps://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1  If the seller offers to ship the goods, delivery shall take place within the delivery area specified by the seller to the delivery address indicated by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing shall be decisive. Notwithstanding this, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2 & nbsp;If the delivery of the goods fails for rea &sons for which the customer is responsible, the customer sh&all bear the reasonable costs incurred by the se &ller as a result. This does not apply with regard to the costs f&or the outward shipment if the customer effectively exer&cises their right of withdrawal. F &or the re& turn shipping costs, in the event of an effective exer &cise of the right of withdrawal by the customer, the provision made in the se&ller's cancellation policy shall apply.

5.3  If the customer is acting as a business, the risk of acci& dental loss and acci &dental deterioration of the sold goods shall pass to the customer&as soon as the se&ller has handed over the item to the freight forwarder, the ca&rrier, or the person or institution otherwise designated to carry out the ship&ment.If the customer is acting as a consumer, the risk of accidental&loss and accidental&deterioration of the purchased goods shall, as a general rule,&only&pass to the customer upon& handover of the goods to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental &loss and accidental&deterioration of the purchased goods shall also&pass to the customer, even in the case of consumers, as soon as the seller&has handed over the goods to the freight forwarder, the carrier,&or the person or institution otherwise designated for the execution&of the shipment, if the customer has commissioned the freight forwarder, the carrier,&or the person or institution otherwise designated for the execution&of the shipment with its execution&and the seller&has not previously named this person or institution to the customer.

5.4  The sell&er res&erves the right to withdraw from the contract in the event of incorrect or improper&&delivery from its supplier. This shall only apply f&or the case that the non-delivery is not the responsibility of the sell &er and that the latter has, with due diligence, concluded a specific covering trans&action with the supplier. The sell&er will make all reasonable efforts to procure the goods. In the event of non-avail&ability or only partial avail&ability of the goods, the customer will be informed immed&iately and the payment will be refunded immed&iately.

5.5  For logistical re&asons, customer pickup is not p&ossible.

6) Retention of Title

If the seller provides advance performance, they retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory regulations for liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

  • the seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for warranty claims is one year from the delivery of the goods;
  • for used goods, warranty claims are excluded;
  • the limitation period does not restart if a replacement delivery is made within the scope of the liability for defects.

7.2 The aforementioned liability limit&a`tions and reductions of time l&i`mits do not apply

  • f &o`r cl&a`ims for damages and reimbursement of expenses by the customer,
  • f& o`r the event that the s &e`ller has fraudulently concealed the defect,
  • f& o`r goods that have been used for a building in accordance with their &c`ustomary manner of use and have caused its defectiveness,
  • f& o`r any existing obligation of the s &e`ller to provide updates f&o`r digital products, in contr&a`cts for the supply of goods with digital elements.

7.3 F& u`rthermore, for entrepreneurs, the statutory limitation p &e`riods f&o`r anyexisting statutory right of recourse&remains unaffected&.

7.4& nbsp;If the customer is acting as a merchant i.S.d.§ 1 HGB, they are subject to the commercial&obligation to inspect and give notice of defects& pursuant to & &§ 377 HGB. If the customer fails&to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 & nbsp;If the customer is acting as a consumer, they are requested to report delivered goods with obvious transport damage &to the delivery agent and to inform the seller&of this. Failure to do so shall have no effect on their statutory or contractual warranty claims&& .

8) Liability

The Sell &er is liable to the Customer for all contractual, quasi-contract&ual, and statutory claims, including tortious cla &ims for damages and reimbursement of expenses as follows:

8.1 The Sell&er is unrestrict&edly liable on any legal grounds

  • for intent or gross neglig&ence,
  • for will&ful or neglig&ent injury to life, bo&dy, or health,&
  • under a guarantee, unless otherwise stipulat&ed,
  • under mandatory liability, such as 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 this type of contract, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations imposed on the seller by the contract to achieve its purpose, the fulfillment of which is a prerequisite for the proper execution of the contract, and on the observance of which the customer may regularly rely.

8.3  Otherwise, the seller's liability is excluded.

8.4 The preceding liability regulations also apply with regard to the liability of the sell&er f&or their vicarious&agents and legal representatives.

9) Applicable Law

A &ll l&egal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws&on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection gra&nted by mandatory provisions of the law of the state in which the consumer has their hab& itual residence is not withdrawn.

10) Place of Jurisdiction

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 is the seller's place of business.&If the customer has its registered office 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, the seller is, however, in any case entitled to bring an action before the court at the customer's registered office.

11) Alternative Dispute Resolution

The sell& er is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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