General Terms and Conditions (GTC) for the online shops of Textildruck Europa GmbH
§1 Application scope
(1) The GTC are valid for the delivery of movable items which you order on our online shop, https://effekt-textiles.com/satin-jackets.
(2) Our offers and deliveries occur exclusively on the basis of these GTC. The GTC apply to companies for all future business relationships, even if they are not expressly agreed again. Unless otherwise agreed, the inclusion of the customer’s own GTC is vetoed.
(3) The currently valid version of our GTC can be retrieved on the website https://effekt-textiles.com/satin-jackets/agb/ and can be printed out there.
§ 2 Contract conclusion
(1) The goods presentation in the online shop is merely a non-binding invitation to order goods.
(2) By clicking the button “Complete Payment” you make a binding offer. Then you receive from us an order acknowledgement by e-mail with which we confirm the receipt of your order. However, this acknowledgement of receipt is still not an acceptance of your offer. A sales agreement takes place when we accept your order within one week by sending a confirmation of order or by delivery of the product.
§3 Prices, payment terms, default of payment
(1) The offered purchase price is binding. The legal sales tax is included in this.
(2) Several payment methods are basically available to you. The availability varies from country to country.
For the processing of the purchase against invoice, we have selected PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) as payment service provider.
In the case of delivery of the product against invoice you undertake to pay the invoice amount within 14 days of receipt of the product by transfer to the PayPal account listed in your invoice, stating the order number as the reference.
PayPal is entitled to accept payments in the name of Textildruck Europa GmbH. When it is necessary, please do not get in contact with PayPal, but directly with us.
We reserve the right to offer you an alternative method of payment to hedge the credit risk. You can see the alternatives in the following clauses.
2. Direct Debit
The processing of the payment by direct debit occurs via our payment service provider PayPal using your account data (IBAN, BIC). Your ordered goods are released for shipping after a successful transaction.
We reserve the right to offer you an alternative method of payment.
3. Credit card
The processing of the payment by credit card occurs via our payment service provider PayPal. We accept the MasterCard and Visa credit cards. The debiting of your credit card occurs with conclusion of your order.
The processing of the payment via PayPal occurs via our payment service provider PayPal with your access data for your PayPal account and the acknowledgement of your purchase. Your ordered goods are released for shipping afterwards.
(3) The statutory rules regarding the consequences of late payment apply.
§ 4 Right of Offsetting / Right of Retention
(1) You are only entitled to offsetting rights if your counterclaims have been legally established, are undisputed, recognised by us or linked to our main claim in a synallagmatic manner.
(2) You are only authorised to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 5 Delivery, Retention of title
(1) Unless otherwise agreed, we deliver the product ordered by you to the address provided.
(2) Until the entire payment of the purchase price, the product remains our property.
§6 Cancellation instruction
1) Cancellation right
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation term amounts to fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.
To use your cancellation right, you have to inform us:
Textildruck Europa GmbH, Grenzstraße 15, 06112 Halle (Saale),
by means of an unequivocal declaration (e.g. a letter sent by post or e-mail) about your decision to cancel this contract. You can use our sample withdrawal form for this, but this is not mandatory.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
(2) Consequences of the cancellation
If you cancel this contract, we have to pay back to you all payments which we have received from you, including the delivery expenses (with the exception of the additional costs which arise from the fact that you have selected another kind of delivery than offered by us, which is the most favourable standard delivery) immediately and no later than fourteen days from the day on which the communication about your cancellation of this contract has been received by us. For this repayment, we use the same currency that you have used with the original transaction, unless something else was expressly agreed with you; in no case will you be charged fees because of this repayment.
We can refuse the repayment until we have got the goods back again, or you have produced the proof that you have sent back the product, depending on whichever is the earlier time.
You have to send the goods back to us or hand them over immediately and, in any case, no later than within fourteen days from the day on which you inform us about the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of the return of the goods.
You only have to pay for any possible loss of value of the goods if this loss of value is due to handling of the goods not necessary to examine the nature, characteristics and functioning of the goods.
(3) Sample withdrawal form
If you want to cancel the contract, please fill in this form and send it back.
Textildruck Europa GmbH
06112 Halle (Saale)
I / we hereby cancel the contract concluded by me / us for the purchase of the following goods:
Ordered on / received on
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only when notified on paper)
(4) The right of cancellation does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), and in the case of delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery, or if sound or video recordings or computer software are delivered in a sealed package, if the seal has been removed after delivery.
§ 7 Liability for defects
(1) We are liable in the event of a defect according to the statutory provisions, as far as the following explanations show no restrictions. You have indicated obvious defects to us in writing within two weeks of the occurrence of the defect. If the notification is not received within the aforementioned period, the warranty rights expire. This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.
(2) The period of limitation for claims for defects in the delivery of new items is two years, calculated from the transfer of risk. For used goods, the warranty period is one year, calculated from the transfer of risk. This does not apply insofar as it concerns claims for damages due to defects. For claims for damages due to a defect, § 8 applies.
(3) You will not receive any guarantees in the legal sense from us.
§ 8 Liability for damage
(1) We are liable without limit for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, limb and health of persons.
(2) In addition, we are liable for slight negligence only in the case of breach of a material contractual obligation, the fulfilment of which allows the proper execution of the contract in the first place and on whose compliance you can rely on regularly (cardinal obligation). Liability for slight negligence is limited to the amount of damage foreseeable at the time of the conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies to the benefit of our vicarious agents.
§ 9 Limitation period for own claims
Our claims for payment shall lapse in 5 years, notwithstanding § 195 BGB. Regarding the beginning of the period of limitation, § 199 BGB applies.
§ 10 Place of performance, Choice of law, Place of jurisdiction.
(1) Unless otherwise stated in this contract, the place of performance and place of payment is our place of business. The statutory rules on jurisdictions remain unaffected, unless otherwise specified in the special provision of Paragraph 3.
(2) The law of the Federal Republic of Germany applies to this contract. This does not apply if special consumer protection regulations are more favourable in the customer’s home country (Art. 6 VO EC 593/2008).
(3) If they have no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our business seat.
as of 06.06.2018