General Terms and Conditions
Kühnehöfe 7 a
- hereinafter referred to as “provider“ or “us” –
§ 1General, Customers, Language
(1) All offers, purchase contracts, deliveries and services based on orders of our customers via our online shop and in any other way are subject to these General Terms and Conditions
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the German or English language. Therefore, if the order is made in German, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made in English, exclusively the English version of these General Terms and Conditions shall be relevant.
§ 2 Conclusion of Contract via Onlineshop
The following applies to orders in our online shop:
(1) Our offerings in the Online Shop are non-binding.
(2) The Customer can choose from our product range and collect them via the button "add to cart" whereby they are stored in a virtual shopping cart. To go through the ordering process, the customer clicks on the button “proceed to checkout”. There he can enter his personal data and select a shipping and payment method. With the button "place order" he makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time (for this, the zoom function of the internet browser may be helpful). However, the application can only be submitted and transmitted if the customer has accepted these Terms and Conditions and Privacy Notices by placing an appropriate tick. The accepted Terms and Conditions are thereby included as a part of his/her application.
(3) After the order is placed we send the Customer an automatic confirmation of receipt by e-mail in which the Customer's order is listed again and which the customer can print out via the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by us and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by us. A declaration of acceptance will be made within 5 days, either:
a) with a separate e-mail (order confirmation) received by the customer, or
b) by delivery of the goods to the customer, or
c) by request for payment;
should several of the options be met, the option with the earliest conclusion point will be the deciding factor.
At the latest, the contract text (consisting of the order, terms and conditions, and an order confirmation will be sent to the customer by us on durable medium (email or paper printout) on the delivery of the goods (contract confirmation). The text of the contract is saved while maintaining all data protection contingencies.
§ 3 Conclusion of Contract via individual contact
The following applies to orders via individual contact outside of our online shop:
(1) If the Customer is interested in an individual offer, he can inform us by sending an e-mail, filling out the contact form, calling or otherwise. We will then inform the Customer of the price and any shipping costs that may apply and provide these general terms and conditions. This represents a binding offer from us. Unless expressly stated otherwise in the offer, we are bound to our offers for 7 days after dispatch. The Customer is entitled to accept the offer within this period. Decisive for compliance with the deadline is the point in time at which we receive the Customer's acceptance. We immediately confirm by e-mail, which lists the customer's order again and which the Customer can print out using the "Print" function, to the Customer that the contract has been concluded.
(2) At the latest, the contract text (consisting of the order, terms and conditions, and an order confirmation will be sent to the customer by us on durable medium (email or paper printout) on the delivery of the goods (contract confirmation). The text of the contract is saved while maintaining all data protection contingencies.
(3) When ordering on-site at our business premises, the above statements apply accordingly.
§ 4 Delivery/Service Provisions
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price is paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, the delivery period is 2 weeks.
(2) If no copies of the product selected by him are available at the time of the customer's order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the supplier looks away from a declaration of acceptance. A contract is not concluded in this case.
(3) If the ordered product will not be available for a foreseeable period of time, provider will also immediately notify the Customer in the order confirmation.
(4) Deviating from this, the delivery period for carpets made to customer specifications, unless otherwise stated, is 9 months, starting from the time of our order confirmation, provided that the down payment of 50% of the purchase price has been paid in advance.
§ 5 Prices and payment methods
(1) All our prices are to be understood as being final prices plus shipping costs that include any applicable sales tax.
(2) Unless expressly agreed to otherwise, we deliver only with advanced payment. The payment of the purchase price is payable immediately upon conclusion of the contract.
The following payment terms apply to carpets made to Customer specifications:
A down payment of 50% of the purchase price is due immediately upon conclusion of the contract, the remaining 50% of the purchase price within 10 working days after delivery to the Customer.
(3) As a payment option, there is the possibility of bank transfer and the payment via the service provider PayPal and Sofortüberweisung.
§ 6 Retention of Title
We retain legal title to any product supplied by us until the purchase price for such product has been fully paid.
§ 7 Warranty
(1) We are liable for material defects in accordance with the relevant statutory provisions. Please note that there may be color deviations in the finished product compared to the monitor display. In order to avoid large deviations, we therefore recommend selecting the product selection on calibrated display devices that can display the sRGB (100%) and AdobeRGB (> 70%) color spaces.
(2) An additional guarantee exists only if this was expressly stated.
(3) Consumers are requested to complain about obvious damage in transit during delivery to the deliverer and to notify the provider within 5 working days; if this is not done, this does not have any impact on the contractual and legal rights to which the buyer is entitled.
(4) Only for Business Customers: The Customer must inspect the goods carefully after receiving them. The delivered goods are deemed to have been approved by the Customer if a defect does not appear to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days after discovery of the defect. Unless otherwise agreed, the warranty period is one year from delivery. We can choose between remedying the defect or delivering a defect-free product.
§ 8 Liability
(1) Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations that was caused by simple negligence the provider is only liable for the contractually typical, foreseeable damage, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The above exclusions and limitations of liability shall apply to the same extent in favour of our bodies, legal representatives, employees and other vicarious agents.
(4) The limitations of this § 8 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies, as far as the provider and the customer have made an agreement over the condition of product. The provisions of the Product Liability Act remain unaffected.
§ 7 Right to Withdrawal
(1) When concluding a business transaction at a distance, consumers generally have a statutory right of renovation, which the provider subsequently informs in accordance with the statutory model. In paragraph (2) there is a template revocation form that may be used an in paragraph (3) are exceptions to the right of withdrawal.
Right to withdrawal
You have the right to withdrawal from this contract with fourteen (14) days without providing a 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 withdrawal, you must inform us (Knotique GmbH, Kühnehöfe 7 a, 22761 Hamburg, firstname.lastname@example.org, +49 40/18989561) by means of a clear statement (eg a letter sent by post, Fax or e-mail) about your decision to withdraw from this contract. You can use the attached withdrawal form template, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this agreement, all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favourable standard delivery we offer) we must be immediately repay and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed to by you; In no case will you be charged for this repayment fees. We can refuse the 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 have to return or hand over the goods to us within 14 days from the day on which you inform us of 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 returning the goods. You only have to pay for a possible loss in value of the goods, if this loss in value is due to a handling of the goods that is not necessary for the examination of their nature, characteristics and functionality.
(2) The legal regulations of the template revocation form are provided by the provider as follows:
Withdrawal form template
(If you want to cancel the contract, please fill out this form and send it back.)
To Knotique GmbH, Kühnehöfe 7 a, 22761 Hamburg, email@example.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the customer
Address of the customer(s) (only when notified on paper)
(*) delete as appropriate
(3) The right of withdrawal does not exist for contracts for 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 that are clearly tailored to the personal needs of the consumer.
§ 10 Data Privacy
The provider complies with the applicable data protection regulations. You can find more information about data processing and the rights to which you are entitled (right of access, right to rectification or deletion, right to restriction of processing, right to object to processing, right to data portability in our data protection information.
§ 11 Applicable law, competent courts, dispute resolution
(1) The contract of sale existing between us and the Customer is subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his permenant residence remain unaffected.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Hamburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
(3) We are not willing or obliged to participate in dispute resolution proceedings before a Consumer Arbitration Body. The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr . Our e-mail address is firstname.lastname@example.org