GTC
General Terms and Conditions
1. scope of application
The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
These General Terms and Conditions shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2 Contractual partner, conclusion of contract
The purchase contract is concluded with Nähwelt Flach GmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
Prepayment
We will accept your order by sending a separate e-mail within two days in which we will provide you with our bank details.
Credit card
When you place your order, you also send us your credit card details. After you have been legitimized as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the store, we will ask PayPal to initiate the payment transaction.
Sofort
After placing your order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction.
3. contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our GTC by e-mail. You can view the text of the contract in our customer login.
4. delivery conditions
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
5. payment
The following payment methods are available in our store:
Prepayment
If you select prepayment as your payment method, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There is an additional charge of 5 euros.
Credit card
When you place your order, you also send us your credit card details.
Once you have been legitimized as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after you place your order. The payment transaction will be carried out automatically by the credit card company and your card will be debited.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Sofort
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option.
Please note that Klarna invoice is only available for consumers and that payment must be made to Klarna.
When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days.
You can find the complete terms and conditions for purchase on account here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .
Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
Installment purchase
In cooperation with the online service provider CreditPlus Bank AG, we offer you the option of purchasing in installments. The prerequisite is a successful address and credit check. In addition to our General Terms and Conditions, the General Terms and Conditions and Privacy Policy of CreditPlus Bank AG apply to payment processing. You can find further information and the complete General Terms and Conditions of CreditPlus Bank AG for installment purchases here: https://www.creditplus.de/fileadmin/02_Festgeld/Dokumente/AGB.pdf
6. reservation of title
The goods shall remain our property until payment has been made in full.
The following also applies to entrepreneurs: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. transportation damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8 Warranty and guarantees
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and objections from Monday to Friday from 9:30 am to 6:00 pm and Saturdays from 9:30 am to 3:00 pm by calling 06021 45878-0 or by e-mail at info@naehwelt-flach.de.
9. liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the event of warranty promises, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.