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Terms and Conditions

Terms and Conditions

General Terms and Conditions

1. Scope of application

The following terms and conditions apply to all orders placed by consumers and entrepreneurs through our online shop.

A consumer is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity.

With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without the necessity to refer to them again. Any conflicting or supplementary terms and conditions of entrepreneurs are hereby rejected. They only apply if we have given our express consent.

2. Parties, contract

The purchase contract is concluded with frottana Textil GmbH & Co. KG, Waltersdorfer Str. 54, 02779 Großschoenau, Germany.

The presentation of products in our online shop does not constitute a legally binding offer; it is a non-binding online catalogue of products only. You can initially put our products into your shopping basket without any obligation and correct your entries at any time before submitting your binding order by editing your basket as explained in the online shop. By clicking the order button you place a binding order for the goods in your shopping cart. You will received an email confirming receipt of your order immediately after placing it.

Our binding acceptance of your order and the establishment of the contract depends on payment method you choose.

Purchase on account, SEPA direct debit
We can accept your order by sending an order confirmation by email or by delivering the goods within five business days.

Credit card
By submitting the order, you will also be transmitting your credit card data to us. Following verification that you are indeed the cardholder, we will charge the invoice amount to your credit card immediately. So doing constitutes our acceptance of your offer.

PayPal, PayPal Express 
If you select PayPal, you will be redirected to the PayPal website during the checkout process. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we will ask PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Plus
As part of the PayPal Plus payment service, we offer various payment methods as PayPal services. You will be redirected to the PayPal website after you place your order. There you can enter your payment details and confirm the payment order to PayPal. This establishes the contract with us.

Sofort
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment instructions. This establishes the contract with us.

3. Contract language, storage of the contract text

The languages available for the conclusion of the contract ​​are German and English. 

We will save the contractual text and send you the order particulars and our terms and conditions by email. After completing the purchase, the contract text is no longer accessible online for security reasons.

4. Delivery terms

The specified product prices do not include costs for shipping. Details on the cost of shipping can be found in the online shop.

We only deliver goods via shipment. Goods cannot be collected from us in person. Unless otherwise stated on the item page, delivery will take place within 5 working days from the date the contract is established.

5. Prices and payment

Unless otherwise stated on the item page, all prices quoted in the shop are gross prices including VAT.

In our shop, you can select from the following methods of payment:

purchases on account and payments by credit card, direct debit, or Sofortüberweisung are handled by the heidelpay GmbH. heidelpay GmbH, Vangerowstraße 18, 69115 Heidelberg is a payment service provider certified according to the payment card industry data security standard (PCI DSS).

Credit card (VISA, MasterCard and American Express)
By submitting the order, you will also be transmitting your credit card data to us.
Following verification that you are indeed the cardholder, we will charge the invoice amount to your credit card immediately. The payment transaction is automatically charged to your card by the credit card company. 

SEPA Direct Debit
By submitting the order, you are giving us a SEPA direct debit mandate and we will instruct heidelpay GmbH to collect the invoice amount from your account. We will inform you in advance of the date of the account debit. The account will be charged after the goods are shipped. We will give you one day's notice of the direct debit.

PayPal, PayPal Express 
If you select PayPal, you will be redirected to the PayPal website during the checkout process. In order to pay for your order using PayPal, you must be a registered PayPal user or you must first register, validate your login data, and confirm the payment to us. After you checkout, we will request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. Further information will be provided during checkout.

PayPal Plus
As part of the PayPal Plus payment service, we offer various payment methods as PayPal services. You will be redirected to the PayPal website during the checkout process. There you can enter your payment data, confirm the use of your data by PayPal, and confirm your payment instructions to PayPal.

In order to pay for your order using PayPal, you must be a registered PayPal user or you must first register and then sign in with your login data. The payment transaction will be carried out automatically by PayPal immediately thereafter. Further information will be provided during checkout. 

If you have chosen to pay with a credit card, you do not have to be registered with PayPal in order to pay the invoice on its site. The payment transaction will be processed by your credit card company at PayPal's request immediately after confirmation of the payment order and you are identified as the cardholder. Further information will be provided during checkout. 

If you have selected to pay for your order via direct debit, you do not need to be registered with PayPal to pay the invoice on its site. By confirming the payment order with PayPal, you are giving it a direct debit mandate for the invoice amount. PayPal will inform you about the date the debit will be taken from your account. PayPal asks its bank to initiate the payment transaction, submitting the direct debit mandate immediately after confirmation of the payment order. The payment transaction will be carried out automatically and your account will be charged. Further information will be provided during checkout. 

If you have chosen to pay on account, you do not have to be registered with PayPal in order to pay the invoice on its site. After a successful address and credit check and submission of the order, we will assign our claim to PayPal. Invoice payments will then need to be made to PayPal. In addition to our general terms and conditions, PayPal's general terms and conditions and privacy policy apply to all payments processed via PayPal. Further information and PayPal's complete terms and conditions for purchasing on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Sofortüberweisung
You will be redirected to the Sofort GmbH website after you place your order. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with the PIN/TAN procedure activated, then authenticate your identity, and confirm the payment instructions. Further information will be provided during checkout. The payment transaction will be immediately executed and your account debited.

Purchase on account
You can pay the invoice amount upon receipt of the goods by bank transfer to the specified bank account. The invoice amount is payable within 14 days from the date you receive the invoice.

6. Retention of title

All goods remain our property until full payment has been received.
The following also applies to entrepreneurs: You may resell the goods to which we retain title in the ordinary course of your business. When doing so, you hereby assign to us in advance all claims arising from this resale, irrespective of how the goods to which we retain title are combined or mixed with other goods, up to the amount of your outstanding invoice with us (incl. VAT). We hereby accept this assignment. You remain authorised to collect your accounts receivable, but we may also collect them ourselves if you fail to meet your payment obligations.

7. Damage during shipment

For consumers:

If goods are delivered with obvious damages, please point out these defects immediately to the delivery agent, and contact us without delay. Failure to make a claim or contact us does not have any effect on your statutory rights or their enforcement or the warranty on the product. However, it will help us assert our own claims against the carrier and/or transport insurance.

For entrepreneurs:

The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, the carrier or other agent responsible for shipping. The regulations regarding inspection and complaint in accordance with §377 of the German Commercial Code (HGB) apply. Should you fail to provide notice as required, the delivery shall be deemed accepted unless the defect was not readily recognisable during the initial inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranties

Unless otherwise expressly agreed below, the statutory liability for defects applies.
For consumers: no claims may be made for defects that occur after one year from delivery of the goods. For defects that occur within one year of delivery, the consumer has two years from the date of delivery to assert a claim.
For entrepreneurs, the limitation period for claims for defects on newly manufactured items is one year from the transfer of risk. Any goods sold in used condition are sold without any warranty. The statutory limitation periods for recourse claims under §445a of the German Civil Code (BGB) remain unaffected.
With regard to entrepreneurs, only our own data and the product description given by the manufacturer which have been included in the contract are valid as the agreement regarding the purchase of goods; we assume no liability for public statements by the manufacturer or any other promotional statements.
If the delivered goods are defective, we shall, at our own discretion, rectify the defect (improvement) or deliver a faultless item (substitute delivery) for the entrepreneur.
The above limitations and time reductions do not apply to claims due to damages caused by us, our legal representatives, or agents when they

  • involve injury to life, body, or health;
  • are the result of intentional or grossly negligent breach of duty or fraudulent intent;
  • are the result of a breach of cardinal contractual obligations which are essential to the proper fulfilment of the terms agreed and compliance with which the other party may normally rely;
  • represent a breach of a promised quality, if agreed;
  • provided that the scope of the Product Liability Act is established.

Information regarding any applicable additional guarantees and their exact terms can be found with each product description and on special information pages in the shop.

Customer service: You can reach our customer service for questions, complaints, and warranty claims Monday to Friday from 9:00 am to 4:00 pm (CET) by calling +49 (0) 358 418 123 or by sending an email to service@moeve.de.

9. Liability

We assume unlimited liability for claims due to damages caused by us, our legal representatives, or agents involving

  • injury to life, limb, or health;
  • intentional or grossly negligent breach of duty and fraudulent intent
  • to the extent agreed in the guarantee promise
  • provided that the scope of the Product Liability Act is established.

A breach of cardinal contractual obligations which are essential to the proper fulfilment of the terms agreed and compliance with which the other party may normally rely. Liability for damages caused by our slight negligence or that of our legal representatives or agents is limited to the foreseeable damage which must typically be expected to incur from such contracts. Claims for damages are otherwise excluded.

10. Settlement of disputes

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/

We are not obligated nor generally prepared to participate in a dispute resolution procedure before a consumer arbitration board.

11. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are an entrepreneur according to the HGB or a legal entity under public law or a special public fund, the exclusive jurisdiction for all disputes arising from contractual relationships between us shall be our place of business.

These terms and conditions were created with the legal text editor for Trusted Shops in cooperation with the Wilde Beuger Solmecke Law Offices.

 

Terms and Conditions

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