Terms and Conditions

Table of Contents

  1. Field of application
  2. Scope of the application
  3. Entering into contract
  4. Right to regret
  5. Prices and payment terms
  6. Delivery and shipping conditions
  7. Reservation of ownership
  8. Liability for defects (warranty)
  9. Special conditions for processing goods according to certain specifications from the customer
  10. Current legislation
  11. By venue
  12. Alternative dispute resolution
1) Area of ​​application

1.1

1.1 These general terms and conditions (hereinafter referred to as "GTC") of Velvet Trading GmbH (hereinafter referred to as "seller") apply to all agreements for the supply of goods concluded by a consumer or entrepreneur (hereinafter referred to as "customer" ) with the seller with regard to the goods presented by the seller in his online shop. An objection is hereby made to the inclusion of the customer's own terms and conditions, unless otherwise agreed.

1.2 A consumer according to these general terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur according to these general terms and conditions is a natural or legal person or a partnership with legal capacity, which, when entering into a legal transaction, acts as part of the exercise of its commercial or independent business activity.

2) Entering into contract

2.1 The product descriptions in the seller's online store do not constitute a binding offer from the seller, but serve to make a binding offer from the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online store. By doing this, after placing the selected items in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with respect to the items contained in the shopping cart by clicking on the button that completes the ordering process . In addition, the customer can also submit the offer to the seller via e-mail, fax, online contact form, post or telephone.

2.3 The seller can accept the customer's offer within five days,

    by
  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the customer's receipt of the order confirmation is decisive, or
  • by delivering the ordered item to the customer.
  • by delivering the ordered goods to the customer, in which case the customer's receipt of the goods is decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the above-mentioned alternatives exist, the contract is concluded at the time when one of the above-mentioned alternatives occurs first. The period for accepting the offer begins the day after the customer sends the offer and ends at the end of the fifth day after the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer chooses a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in according to PayPal's terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - according to the Terms and Conditions for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer pays using a payment method offered by PayPal and which can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks on the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), according to the user agreement for Amazon Payments Europe, which may can be seen at https://payments.amazon.de/help/201751590 . If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking on the button that completes the ordering process.

2.6 When an offer is made via the seller's online order form, the text of the agreement is saved by the seller after the conclusion of the agreement and transferred to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The seller may not make the contract text available beyond this. If the customer has created a user account in the seller's online store before placing his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.

2.7 Before the Customer places a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that ends the ordering process.

2.8 Only the German language is available for entering into the contract.

2.9 Order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address he has provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have the right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's instructions on withdrawal.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the agreement, and whose sole residence and delivery address is outside the European Union at the time of conclusion of the agreement.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the stated prices are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the EU, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include e.g. costs for transferring money from credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The customer will be informed about the payment options in the seller's online store.

4.4 If advance payment via bank transfer has been agreed, the payment is due immediately after the conclusion of the agreement, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchases on account or payment in installments), he must assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment statement, PayPal or the payment service provider commissioned by PayPal must perform a credit check using the transmitted customer data. The seller reserves the right to deny the customer the chosen payment method in the event of a negative check result. If the selected 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 debt settlement effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, withdrawal statements and deliveries or credit notes, even in the case of assignment of the claim.

4.6 If the payment method "SOFORT" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately executed by "SOFORT" and the customer's bank account is debited. More detailed information about the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/ .

4.7 If a payment method offered via the "Shopify Payments" payment service is selected, the payment is processed via 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 will be communicated to the customer in the seller's online store. To process payments, Stripe may use other payment services for which special payment conditions may apply, of which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de .

4.8 If the purchase on account payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method purchase on account up to a certain order quantity and to reject this payment method if the specified order quantity is exceeded. In this case, the seller will inform the customer of a corresponding payment limitation in his payment information in the online store. The seller also reserves the right to carry out a credit assessment when choosing the payment method purchase on account and to reject this payment method in the event of a negative credit assessment.

5) Conditions for delivery and shipment

5.1 If the seller offers to send the goods, delivery must take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the completion of the transaction. If the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 In the case of goods delivered by a freight forwarder, delivery must take place "free pavement", i.e. to the public curb that is closest to the delivery address, unless otherwise stated in the shipping information in the seller's webshop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the return shipment if the customer effectively exercises his right of withdrawal. In the case of the customer's effective exercise of the right of cancellation, the provision in the seller's cancellation instructions applies to the return costs.

5.4 If the customer acts as a trader, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the goods to the forwarder, carrier or any other person or institution appointed to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold in principle first passes to the customer or a person authorized to receive the goods when the goods are handed over to the customer. Regardless of the above, the risk of accidental destruction and deterioration of the item of sale passes to the customer, also in the case of consumers, as soon as the seller has handed over the item of sale to the forwarder, the carrier or the person or institution who is otherwise responsible for the shipment, if the customer gives the forwarder, the carrier or the person or institution who is otherwise responsible for the shipment, commissioned to oversee the shipment, and the seller has not previously notified this person or institution to the customer.

5.5 The seller reserves the right to cancel the agreement in the event of faulty or defective self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has, with due care, entered into a specific coverage transaction with the supplier. The seller must make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded without delay.

5.6 Self-collection is not possible for logistical reasons.

6) Reservation of title

The seller reserves the right of ownership of the delivered goods until the purchase price due has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions on the statutory liability for defects apply. This does not apply to agreements for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

  • The seller
  • the seller has the choice of the type of subsequent performance;
    • for new goods, the limitation period for defects is one year from delivery of the goods;
  • In the case of used goods, rights and claims for defects are excluded;
  • the limitation period does not start to run again if a replacement delivery is made within the scope of the liability for defects.

7.3

7.3 The above-mentioned limitations of liability and shortening of time limits do not apply to

  • For compensation claims
  • on claims for compensation and reimbursement of the customer's expenses,
  • if
  • in the event that the seller has fraudulently concealed the defect,
  • for goods which have been used in accordance with their usual use for a building and have caused its defect,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.4

7.4 For entrepreneurs, the statutory limitation periods for any statutory right of recourse also remain unaffected.

7.5 If the customer acts as a trader according to § 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and report defects according to § 377 of the German Commercial Code (HGB). If the customer does not comply with the notification obligations regulated therein, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is requested to advertise delivered goods with obvious transport damage to the supplier and to inform the seller of this. If the customer fails to do this, this does not affect his statutory or contractual claims for defects.

8) Special conditions for processing goods according to certain specifications from the customer

.

8.1 If, according to the content of the agreement, in addition to the delivery of the goods, the seller is also obliged to process the goods according to certain specifications from the customer, the customer must make available to the seller all content necessary for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and must grant the Seller the usage rights necessary for this purpose. The customer is solely responsible for acquiring and acquiring rights to this content. The customer declares and undertakes that he has the right to use the content provided to the seller. In particular, he must ensure that there is no infringement of third party rights, in particular copyright, trademark and personal rights.

8.2 The customer must indemnify the seller for any claim from a third party that the latter may assert against the seller in connection with a violation of their rights as a result of the seller's contractual use of the customer's content. In this connection, the customer must also bear the necessary costs of legal defense, including all court costs and attorney's fees to the extent prescribed by law. This does not apply if the customer is not responsible for the breach. In the event of a claim by a third party, the customer is obliged to promptly, truthfully and completely provide the seller with all information necessary for the investigation of the claim and a defense.

8.3 The seller reserves the right to refuse to process orders if the content provided by the customer for this purpose violates legal or official prohibitions or violates common decency. This applies in particular in the case of provision of unconstitutional, racist, xenophobic, discriminatory, offensive, dangerous to youth and/or content that glorifies violence.

8.4 Individual custom-made products:
The order will be produced individually in the desired size according to the option chosen by the customer.
Due to the production process, we cannot cut textile products such as carpets, coir mats, runners, mats, artificial grass and other products exactly to the centimeter. Therefore, there can be deviations of 3% in the measurements.

9) Applicable legislation

9.1 All legal relations between the parties are governed by the laws of the Federal Republic of Germany with the exception of the laws on international sales of movable property. For consumers, this choice of law only applies to the extent that the protection provided is not canceled by non-derogable provisions of the legislation of the state where the consumer has his habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the agreement, and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the agreement.

10) Place of Jurisdiction

If the customer acts as a trader, a legal person under public law or a foundation under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising in connection with this contract is the seller's registered office. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's domicile is 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 above-mentioned case, however, the seller is in any case entitled to bring the matter before the court at the customer's place of business.

11) Alternative dispute resolution

11.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr .

This platform serves as a point of contact for the out-of-court settlement of disputes arising in connection with online purchase or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure at a consumer arbitration board.