Terms and Conditions - Herbert Textil

Terms and Conditions

 § 1. Applicability

For all legal relations between the operator of this shop and its customers, which are established through this internet shop, only the following general terms and conditions in the version valid at the time of the order apply.

Deviating general terms and conditions of the customer are rejected.

§ 2. Conclusion of contract

By your order you make a binding offer to conclude a contract with us. By sending an order confirmation by e-mail to you or by delivery of the ordered goods, we can accept this offer. First, you will receive confirmation of the receipt of your order by e-mail to your specified e-mail address (so-called order confirmation/"Bestellbestätigung"). However, a sales contract is only concluded by receipt of the order confirmation (Auftragsbestätigung) by email to you or by delivery of the ordered goods.

The text of your order is stored by us. You can print it out before sending your order to us by clicking on "print" in the last step of the order. We will also send you an order confirmation and an order confirmation with all order data and our general terms and conditions to the e-mail address you provided.

§ 3 Content of the service/delivery terms
The service shall include the provision of the ordered goods ex works (collection debt). If we receive further instructions for this purpose, we shall send the goods on account of the customer to the delivery address specified by him.

If nothing else has been agreed, delivery shall be made to the delivery address stated by the customer. In case there are indications on the website regarding the availability of products, we point out that all indications regarding availability, shipment and delivery of a product are only indications of presumptions and target dates. They are not binding or guaranteed shipping or delivery dates. 

Deliveries are made in all EU Member States.

§ 4 Prices, shipping costs, return costs in case of withdrawal

All prices are final prices. They include the applicable value-added tax (Umsatzsteuer).

Please check prices when finalising your order and before making payment. If a product is listed with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods and give you the choice of buying the product at the correct price or cancelling the order. If the correct price is lower than the listed price, we will charge the lower price and send you the product.

Shipping costs are the responsibility of the customer. The shipping costs are stated in the order form and depend on the desired mode of shipment.

A delivery will be made in the following countries: In all EU Member States.

The shipping costs are based on the guidelines of the shipping service provider, currently DHL and Post NL.  As part of the order process, the most economical mode of shipment for the customer is automatically taken into account.

If you are a consumer, you have a right of revocation in accordance with the General Terms and Conditions.

Insofar as you exercise your existing right of withdrawal, the costs of the return shipment as described in the explanation of the right of withdrawal shall be borne by the customer.

§ 5 Retention of title
The delivered goods remain our property until all claims have been paid in full.

§ 6 Terms of payment

Payment shall be made by choice of Paypal, direct debit or Mulisafe-Pay. We reserve the right to exclude a certain method of payment.

A customer who is not a consumer must pay the invoice amount in advance.

§ 7. Statutory guarantee (Gewährleistung)

The statutory warranty (Gewährleistung) is based on the statutory provisions. On this basis, you have rights under the legal guarantee for a period of 3 months from delivery of the goods.

These rights mean that you may demand repair or replacement of the product obtained if it is found to be defective or not in accordance with the description. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may demand the refund or reduction of the purchase price.

If subsequent fulfilment is effected by a replacement delivery, the customer is obliged to return the previously delivered product within 30 days. The return of the defective goods must take place in accordance with the statutory provisions.

If second-hand goods are the subject of the purchase agreement and the buyer is not a consumer, the statutory warranty is excluded. If the customer is a consumer, the period of legal warranty when buying second-hand goods is one year.

The aforementioned limitations of liability shall not apply in cases of damage to life, body and health, for a defect after provision of an [express] guarantee for the quality of the product and in cases of malicious concealment of a defect. Liability pursuant to the Produkthaftungsgesetz shall remain unaffected.

Herbert Textiles shall also be liable for a cause of damage which has its basis in an intentional or grossly negligent breach of duty [non-compliance] on the part of Herbert Textiles or a legal representative or auxiliary persons [subordinates] happened.

Entrepreneurs and traders [Kaufleute] shall be subject to the more far-reaching obligations of the HGB (Handelsgesetzbuch).

§ 8 Data protection

During the negotiation, conclusion, settlement and return of a purchase contract, data is collected, stored and processed by us within the framework of statutory provisions. When visiting our Internet offer, the current IP address used by your computer, date and time, browser type and operating system of your computer as well as the pages viewed by you are logged. However, this does not enable us to draw any conclusions about personal data, which is also not our intention. The personal data you provide us with, for example in the context of an order or e-mail (e.g. your name and contact details), will be processed only for the purpose of correspondence with you and only for the purposes for which you have provided us with this data.

We forward your data to the shipping company responsible for delivery only to the extent necessary for delivery.Within the framework of payment processing, we transfer your payment data to the credit institution responsible for payment. We assure you that we will not forward your personal data to third parties.Insofar as we use the services of third parties to perform and process the processing, we will comply with the provisions of the Federal Data Protection Act.

Personal data communicated to us via our website will be stored only until the purpose for which it was entrusted to us has been fulfilled. Insofar as commercial and tax law retention periods must be observed, the duration of storage of certain data may be up to ten years.

If you no longer agree with the storage of the data concerning your person or the data has become incorrect, we will, following your instruction, ensure correction or deletion of your data within the framework of the legal provisions. Upon request, you will obtain information about all personal data we have stored regarding your person free of charge. If you have any questions about the collection, processing or use of your personal data, such as disclosure to third parties, correction, blocking or deletion of data, please contact us at the contact address below.

If we refer or link to third-party websites from our Internet offer, we cannot assume any guarantee or liability for the correctness or completeness of the content and the security of the data on these websites. As we have no influence on whether third parties comply with data protection regulations, we recommend that you check the relevant data protection declaration submitted to you separately in each case.

§ 9 Applicable law
German law is exceptionally applicable. Place of jurisdiction is Ahaus. Against a consumer, this choice of law only does not apply insofar as it does not restrict a mandatory statutory provision of the state in which he has his residence or habitual place of residence.

§ 10 Amendments to the General Terms and Conditions
We reserve the right to make changes to the website, the arrangement, and the terms and conditions, including the terms and conditions of sale, at any time.

The terms and conditions of sale, contractual terms and general terms and conditions valid at the time of the order shall apply in each case.

Should any provision in these terms and conditions of sale be invalid, void or for any other reason not practicable, this provision shall be deemed severable and shall not affect the validity or applicability of the remaining regulations.

§ 11 Contact information
Herbert Textil, Bocholder Esch 27, 48683 Ahaus Alstätte. Tel no: 0049 (0) 2562/937782, fax no: 0049 (0) 2562/937781,
e-mail: info@herberttextil.de

§ 12 Right of withdrawal for consumers
If you are a consumer, you are entitled to the legal right of withdrawal, about which we inform you in the attached Information on exercising the right of withdrawal.

Information on exercising the right of withdrawal

Right of withdrawal

You shall be entitled to revoke this contract within fourteen days from the day on which you or a third party designated by you who is not the carrier takes physical possession of the goods, without giving reasons.

To exercise the right of revocation, you must inform us (Herbert Textil, Bocholder Esch 27, 48683 Ahaus-Alstätte, tel. no.: 0049 (0) 2562/937782, fax no.: 0049 (0) 2562/937781, e-mail: info@herberttextil.de) of your decision to revoke this contract. You may use the attached sample withdrawal form for this purpose, although this is not prescribed.

As compliance with the withdrawal period, it is sufficient that you send the communication about the exercise of your right of withdrawal before the period expires.

Effects of revocation
If you withdraw from this contract, you will receive back from us all payments you have made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event not later than 14 days after we have been informed of your decision to withdraw. We will reimburse you using the same means of payment with which you made the original transactions, unless you have expressly agreed otherwise; in any case, you will not be charged for such reimbursement.We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to us (Herbert Textiles, Bocholder Esch 27, 48683 Ahaus-Alstätte) without delay and, in any case, at the latest within fourteen days from the day on which the revocation was declared. As compliance with the revocation period, it is sufficient if you send the goods before the expiry of the fourteen-day period.

You must pay the regular costs of the return if the delivered goods correspond to the order and if the price of the returned goods does not exceed €150,00 or if, in case of a higher price of the goods at the time of the revocation, you have not yet fulfilled the consideration or the agreed partial performance. Otherwise, the return is free of charge for you.

Exceptions to the right of revocationThe right of withdrawal does not exist or expires for the following contracts

- delivery of goods manufactured according to consumer specifications or clearly intended for a specific person.

You should only intervene for a possible decrease in value of the goods if this decrease in value is not based on an examination of the quality, property and mode of operation of the goods.



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