General Terms and Conditions for End Customers and Consumers

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts you enter into with us as a provider via the website www.berlintextil.de. Unless otherwise agreed, the inclusion of your own conditions is objected to.

(2) Consumer, for the purpose of the following regulations, is every natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor independent professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity, who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Formation of the Contract

(1) The subject of the contract is the sale of goods.

(2) As soon as you place the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After opening the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data is then displayed again on the order summary page.
If you use an immediate payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to our online shop on the order summary page or you will first be redirected to the website of the provider of the immediate payment system.
If you are redirected to the respective immediate payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop on the order summary page.
Before submitting the order, you have the opportunity to review all the details here again, to change them (also via the "back" function of the internet browser) or to cancel the purchase. 
By sending the order via the "buy" button, you declare your legally binding acceptance of the offer, which concludes the contract. 

(4) Your requests for the creation of a quote are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days.

(5) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is partly automated by email. Therefore, you must ensure that the email address you have stored with us is correct, that the receipt of the emails is technically ensured, and in particular that this is not prevented by SPAM filters.

§ 3 Customized Goods

(1) You provide us with the necessary information, texts, or files for the customization of the goods via the online ordering system or by email no later than immediately after concluding the contract. Our possible specifications for file formats must be observed.
 
(2) You commit to not transmit any data whose contents violate third-party rights (especially copyrights, name rights, trademark rights) or violate existing laws. You expressly release us from all claims asserted by third parties in this context, including the costs of necessary legal defense.
 
(3) We do not check the transmitted data for correctness and therefore do not assume any liability for errors.

§ 4 Special Agreements on Offered Payment Methods

(1) Credit Check
If we deliver in advance, e.g., when paying on account or by direct debit, your data will be forwarded to ABC Finance GmbH, Kamekestraße 2-8, 50672 Cologne, for the purpose of credit assessment based on mathematical-statistical methods to safeguard our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.

§ 5 Retention of Title, Right of Retention

(1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price is paid in full.

(3)  If you are an entrepreneur, the following applies in addition:

a) We retain ownership of the goods until all claims from the current business relationship have been fully settled. Before the transfer of ownership of the reserved goods, pledging or security transfer is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice, which we accept. You are also authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the event of combining and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We commit to release the securities entitled to us upon request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. It is our decision which securities we release.

§ 6 Warranty and Withdrawal

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the freight forwarder of complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(3) The buyer bears the cost of returning the goods in case of withdrawal.

(4) If you are an entrepreneur, deviating from the above warranty regulations:

a)  Only our own information and the manufacturer's product description are considered as the agreed condition of the goods, not other advertisements, public praises, and statements by the manufacturer.

b)  In case of defects, we provide warranty through repair or replacement at our discretion. If the rectification fails, you can demand a reduction or withdraw from the contract at your choice. The rectification is considered failed after a second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In case of repair, we do not have to bear the increased costs arising from the transportation of the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- for damages caused by us, culpably resulting from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods;
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims you have against us in connection with rights of defects.

§ 7 Choice of Law, Place of Fulfillment, Jurisdiction

(1)  German law applies. For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).

(2)  The place of fulfillment for all services from the existing business relationships with us as well as jurisdiction is our seat, as far as you are not a consumer but a merchant, legal entity of public law or public law special fund. The same applies if you do not have a general jurisdiction in Germany or the EU, or the domicile or habitual residence is not known at the time of filing a lawsuit. The authority to appeal to the court in another legal jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Law explicitly do not apply.

II. Customer Information 

1. Identity of the Seller

BerlinTextil GmbH
represented by the managing director Mr. Gilbert Scharff
Wilhelm-Kabus-Str. 21-35
10829 Berlin
Germany
Phone: +49 (30) 70 565 70
Email: info@berlintextil.de


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

We are willing to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the contract itself, and the correction options are carried out according to the regulations "Formation of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After we have received the order, the order data, the legally required information for distance contracts and the General Terms and Conditions are re-sent to you by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or electronically secure.

4. Essential Characteristics of the Product or Service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They are accessible via a correspondingly labeled button on our website or in the respective offer, are displayed separately during the ordering process, and are to be borne by you additionally, unless free shipping delivery is promised.

5.3. If the delivery is to countries outside the European Union, we may incur further costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the banks), which you must bear. Costs incurred for the money transfer must also be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our internet presence or in the respective offer.

5.5. Unless otherwise specified for the respective payment methods, the payment claims from the concluded contract are due for immediate payment.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, and existing delivery restrictions can be found under a correspondingly labeled button on our internet presence or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only transfers to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently contracted a transport company not named by the entrepreneur or a person otherwise designated to execute the shipment.

If you are an entrepreneur, delivery and shipment take place at your risk.

7. Statutory Warranty Rights

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). 

These GTC and customer information were created by the specialists in IT law who are experts in the Dealer's Association and are continuously checked for compliance with the law. The Dealer's Association Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.

Last update: 24.05.2022