General Terms And Conditions
1. Contractual partner
On the basis of these general terms and conditions (AGB) comes between the customer and the
Eike and Steffen Lenhart GbR
Phone: 0049 35204 231986
Fax: 0049 35204 231987
, in the following called offerer, the contract becomes effective.
2. Subject of contract
2.1) This contract regulates the sale of new goods from the fields of textiles, sewing accessories and decoration via the supplier's online shop. Because of the details of the respective offer we refer to the product description of the offer side.
2.2) The colour display of the articles on the website may vary slightly for technical reasons, depending on the Internet browser used and the monitor settings of the customer.
3. Conclusion of contract
3.1) The contract is concluded in electronic business transactions via the shop system or other means of distance communication such as telephone and e-mail. The presented offers represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept.
3.2) The order process to conclude a contract includes the following steps in the shop system:
- Select offer in desired specification (variant, number)
- add offer to shopping cart
- Click the "Checkout" button
- Confirm shopping cart by clicking on the "Next step" button
- Enter name and e-mail address
- Enter billing and delivery address
- Select payment method
- Edit and check order and all entries
- Fill in any message to the seller
- Click the "Order payable" button
- Confirmation mail that the order has been received
3.3) In addition to the shop system, orders can also be placed via remote means of communication (e-mail), whereby the order process at contract conclusion includes the following steps:
- Dispatch of the offer, AGB, revocation instruction by E-Mail
- Acceptance of the offer, by confirmation or payment
- Confirmation mail that the order has been received
3.5) For the order handling and establishment of contact E-Mails are dispatched. The customer must ensure that the e-mail address provided by him for order processing is correct and that all e-mails sent by the seller or by third parties commissioned by him with order processing can be received. This also applies if the customer uses so-called SPAM filters.
4. Assembly service for pattern files
4.1) The customer acquires the corresponding assembly services of pattern files via the online shop of the supplier.
4.2) In an informal e-mail to email@example.com the customer sends the pattern file required for order fulfilment.
4.3) Assembly services for pattern files can only be carried out on the basis of pattern files in PDF format transmitted in advance by the customer by e-mail and only if the transmitted files are digitally usable and can be read by the supplier with standard software. In the case of PDF files that cannot be read with standard software, the Supplier shall have the right to refuse acceptance of the order or to withdraw from the order without compensation.
4.4) By ordering assembly services of pattern files for a fee, the customer assures that he owns the copyrights and rights of use to the pattern file ordered and sent and that he grants the supplier the rights of use necessary for fulfilling the order. Before sending the pattern file, the customer must ensure that any existing copyrights and trademark rights or other rights of third parties are not infringed by the fulfilment of the order. If third parties make legal claims against the supplier as a result of sent pattern files, the customer must reimburse the supplier for the lawyer's and court costs as well as the costs of all expenses incurred in this connection, insofar as the customer is responsible for the infringement.
The pattern files are made available to the supplier solely for the purpose of fulfilling the order. Once the order has been fulfilled, the pattern files assembled in accordance with the order will be sent to the customer. All pattern files of the order will be deleted from the supplier's systems no later than four weeks after delivery of the order. A new assembly order for the same pattern file can then only be made after repeated sending of the pattern file and is again subject to a charge.
The customer shall be responsible for creating the necessary backup copies of the pattern files sent or returned after completion of the order.
5. Contract duration
The contract is concluded for an indefinite period of time.
6.1) All prices are final prices and include the legal sales tax.
6.2) In addition to the final prices there are further costs, the shipping costs, depending on the shipping method. The shipping costs are always noted on the article.
6.3) If there is a right of withdrawal and this is used, the customer bears the cost of the return.
7. Terms of payment
7.1) The following methods of payment are available to the customer when shipping the goods:
- Bank transfer
- Purchase on account (via Klarna)
- Installment purchase (via Klarna)
- Amazon Pay (via Amazon)
- Apple Pay (via Apple)
- Immediate bank transfer
- Credit/debit card
- Direct debit procedure
- iDeal (Netherlands)
7.2) If payment is made by bank transfer or direct debit procedure, the payment will be processed via the business account of Eike und Steffen Lenhart GbR at the Deutsche Skatbank. The account details are displayed after the purchase and can also be found on the invoice sent by e-mail. The customer has to make the transfer actively.
7.4) In case of payment via Purchase on account or Installment purchase, the payment will be processed by the payment service provider Klarna Bank AB (publ) Sveavägen 46 111 34 Stockholm Schweden (hereinafter referred to as "Klarna"), subject to Klarna AGB. The purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid to Klarna without deduction. The payment method invoice purchase or installment purchase requires a successful credit check by Klarna. If, after checking the creditworthiness of the customer, the payment method is permitted, the payment shall be processed in cooperation with Klarna, to whom the provider assigns his payment claim. In this case, the customer can only make payment to Klarna with discharging effect. The provider shall remain responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.
7.5) In case of payment via Amazon Pay, the payment will be processed by the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxemburg (hereinafter referred to as "Amazon Pay"), subject to Amazon Pay Nutzungsvereinbarung.
7.6) In case of payment via Apple Pay, the payment will be processed by the payment service provider Apple Distribution International Hollyhill Industrial Estate Hollyhill, Cork Republic of Ireland (hereinafter referred to as "Apple Pay"), subject to Apple Pay Nutzungsvereinbarung.
7.7) If payment is made using one of the other payment methods offered, payment is processed via the payment service provider Mollie B.V. Keizersgracht 313, 1016 EE Amsterdam Netherland (hereinafter referred to as "Mollie").
7.8) The customer can also collect the goods from the branch office of the provider. The customer has the following possibilities to the payment with collection.
- one of the payment methods mentioned under item 7.1
Payment on site:
- EC/Maestro card
- Credit Cards (Mastercard, VISA, American Express)
For payment processing via EC/Maestro cards, V-Pay and credit cards, SumUp Payments Limited Ltd.32 - 34 Great Marlborough St, London W1F 7JB UK ("SumUp" for short) is responsible for processing, subject to SumUp AGB.
PayPal payment on collection is possible if the customer brings a device with Internet access (e.g. laptop, tablet, smartphone).
7.9) Other payment methods are not offered and will be rejected.
7.10) For all orders that are not processed by invoice purchase, a payment period of 7 days from receipt of the contract confirmation applies. The supplier reserves the desired commodity during the duration of the payment period for the orderer. It is incumbent on the customer to effect his payment in time so that it is received by the supplier within the period. The provider reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the end of the deadline. A payment of the orderer received after resignation is refunded to the orderer immediately.
7.11) The offsetting with claims of the customer is excluded, unless these are undisputed or legally binding.
7.12) Separate terms of payment can be agreed for commercial customers from the textile industry within the framework of the commercial conditions (commercial discount). If the customer uses these trade conditions, he explains to the offerer a commercial goods acquisition. In this case, the customer is not an end consumer.
8. Terms of delivery
8.1) The delivery address stated in the order processing is decisive for the delivery of the goods. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment with PayPal is decisive.
8.2) The supplier delivers the goods within Germany within the delivery time indicated on the article from the time of payment instructed. For delivery to other countries, the delivery time is extended by 8-10 days.
8.3) If you buy several articles with different delivery times, the order will be shipped together. In this case, the longer delivery time applies, unless the customer wishes partial deliveries and assumes the shipping costs for each partial delivery. The costs for each partial delivery correspond to the shipping costs agreed upon at the time of conclusion of the contract.
8.4) If the delivery to the customer fails because the customer has entered the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer bears the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon when the contract was concluded.
8.5) The customer will be informed about delivery delays immediately.
8.6) If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer to this extent. The customer will be informed immediately and received services, in particular payments, refunded.
8.7) The customer may also collect the goods from the branch office of the supplier (Breitscheidstr. 43, 01156 Dresden-Cossebaude) if "Collection" was selected during the ordering process. The goods are ready for collection approx. 2-3 days after order confirmation. The collection date is to be agreed upon by telephone or in writing.
9.1) Consumers are entitled to a statutory liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty is based on the provisions of the General Terms and Conditions (AGB).
9.2) The customer is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller immediately. If the customer does not comply with this, this has no effect on his legal or contractual defect claims.
9.3) If the customer is an entrepreneur, the warranty period for new goods shall be limited to one year.
9.4) The supplier is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur.
9.5) This does not apply to claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual goal. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. In all other respects, the statutory regulations apply.
10. Drafting of contracts
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods is transferred to the customer upon delivery, in the case of shipment with the delivery of the goods to the selected shipping company.
11. Right of withdrawal
11.1) A customer who buys as a consumer is entitled to a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
11.2) A customer with permanent residence outside Germany who purchases as a consumer is granted a 14-day withdrawal period by the supplier even if the national law of the consumer provides for a shorter period.
11.3) A customer with permanent residence outside Germany, who buys as a consumer, is allowed by the supplier to send the declaration of revocation informally even if the national law of the consumer provides for a stricter form.
12.1) Claims for damages of the customer are excluded, as far as nothing else results from the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer against these claims for damages.
12.2) Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual goal.
12.3) This also does not apply to claims for damages after grossly negligent or intentional breach of duty of the provider or his legal representative or vicarious agents.
13. Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider may not be assigned or pledged without the Provider's consent, unless the Customer has proven a legitimate interest in the assignment or pledge.
14. Language, jurisdiction and applicable law
14.1) The contract shall be drawn up in German. The further execution of the contractual relationship shall take place in German.
14.2) The laws of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This only applies to consumers to the extent that no legal provisions of the state in which the customer has his residence or habitual abode are restricted.
14.3) The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
15. Information on Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS) at the following link: https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
16. Severability clause
The ineffectiveness of a provision of these GTC shall not affect the effectiveness of the other provisions.
Source: Essential contents of the general terms and conditions originate from the generator of the Deutsche Anwaltshotline AG