Terms & Conditions

Contractual conditions within the framework of purchase contracts concluded via the platform www.herberttextiles.com

between the company Herbert Textil, owner Jan Hendrik Huibert Kruiskamp, Bocholder Esch 27, 48683 Ahaus-Alstätte,

Telephone number: +49 2567 937782, represented by Mr Jan Hendrik Huibert Kruiskamp, VAT identification no.: DE 814783676

Hereinafter referred to as the "Provider

and the customer named in § 1 of the contract

Hereinafter referred to as "Customer

are concluded.

§ 1 Scope of application, definitions

(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

§ 2 Conclusion of contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) The customer can select products, in particular fabrics and haberdashery, from the supplier's range and collect them in a so-called shopping basket using the "add to basket" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "I agree to the terms and conditions and the data protection conditions" and has thereby included them in his application.

(3) The provider then sends 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 using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(4) The contract is concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online shop, the delivery time is 1-2 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Netherlands, Belgium, Austria, France, Slovenia, Croatia, Denmark, Luxembourg, Czech Republic, Hungary, England, Slovakia, Ireland, Spain, Italy, Estonia, Sweden, Finland, Greece, Switzerland, Norway.

§ 4 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of cancellation. From an order value of € 100.00 for delivery to Germany, the supplier delivers to the customer free of shipping costs. The price including VAT and shipping costs will also be displayed in the order form before the customer submits the order.

(3) If you effectively revoke your contractual declaration in accordance with § 10, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 10 for other cancellation consequences)

(4) The order will be dispatched by DHL as an insured parcel.

(5) In the event of cancellation, the customer shall bear the direct costs of the return shipment.

(6) If we fulfil your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

§ 6 Payment modalities

(1) The customer can complete the payment via Paypal, Bank Transfer, Sofort Banking, Giropay, Ideal Zahlung, Maestro Card, Master Card, Bancontact, Visacard, and Multi Safepay.

(2) You can choose to transfer the purchase price and shipping costs to the account specified in our online shop or pay by Paypal, Sofort Banking or Giropay. In the case of payment by Paypal or Giropay, we will arrange for your account to be debited at the earliest at the time specified in paragraph 4.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages for default.

(5) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(6) As the buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Warranty for material defects, guarantee

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is 3 months and begins with the delivery of the goods. For entrepreneurs, the warranty period for goods delivered by the supplier is 3 months.

(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the items.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Copyrights

We have copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

§ 10 Cancellation policy

(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. A sample cancellation form can be found in paragraph 2.

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of cancellation, you must inform us, Herbert Textil, of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the 14-day period has expired.

You bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of cancellation does not apply to distance selling contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded,

(2) The provider provides the following information about the model cancellation form in accordance with the statutory provisions:

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

- To Herbert Textil, owner Jan Hendrik Huibert Kruiskamp, Bocholder Esch 27, 48683 Ahaus:

- I/we (*) hereby cancel 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 consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.

(4) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are prepared to participate in a dispute resolution procedure before a consumer arbitration board. The competent consumer arbitration board is the General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburgerstraße 8, 77694 Kehl.