1. Area of applicability
The following Standard Terms and Conditions of Business shall apply solely to companies and business entities as defined in Section 14 of the German Civil Code. They shall apply to both electronic orders placed by e-mail over the Internet and to orders received on our business premises. We shall only be bound by any deviations from these Standard Terms and Conditions of Business or alternative terms and conditions if we expressly acknowledge them in writing. This shall also apply if delivery is duly executed without mention of any reservations.
2. Offer and conclusion of contract
The merchandise displayed in our Internet shop constitutes solely an invitation to treat which is directed at the buyer. In ordering specific merchandise, the buyer shall be deemed to have submitted a binding offer to enter into a contract for the sale and purchase of goods. If this offer is accepted, confirmation shall be automatically sent to the buyer.
Dispatch of the ordered merchandise shall be deemed to constitute express acceptance of the order.
3.1 The merchandise ordered shall be dispatched solely to the delivery address stated in the order. The merchandise shall be delivered ex warehouse Hamburg. Within the Federal Republic of Germany, the merchandise shall be delivered by parcel post for the buyerâ€™s account solely on cash-on-delivery or payment-in-advance terms. Deliveries to addresses outside the Federal Republic of Germany shall be executed by parcel post or freight forwarder for the buyerâ€™s account solely on payment-in-advance terms.
3.2 Any expected delivery periods shall be stated without engagement. Any binding delivery periods or dates stated shall be deemed to have been observed if the merchandise delivered leaves the warehouse in Hamburg once the agreed delivery period expires or once the agreed delivery date has been reached or - if it is not possible for the merchandise to be dispatched in good time for reasons beyond our control - we notify the buyer that the merchandise is ready for dispatch. No claims or remedies shall accrue to the buyer in the event of any failure to observe non-binding delivery dates. The risk of loss of or damage to the merchandise shall pass to the buyer once the ordered merchandise leaves the warehouse in Hamburg. If delivery is delayed due to circumstances for which the buyer is responsible, risk shall pass to the buyer as from the day on which the merchandise is declared ready for dispatch.
4. Payment and prices
The prices are quoted net ex warehouse Hamburg plus value added tax at the statutory rate. If payment is to be remitted in advance, the merchandise shall not be released for dispatch until payment has been received. Payments shall be remitted on a strictly net basis to the bank account stated on our order confirmation, quoting the customer and the invoice numbers. In the event of any delay in payment, we shall be entitled to charge a fee of EUR 2.00 per reminder plus interest of 8% above the prevailing base rate of the European Central Bank.
5. No minimum quantities
Orders may be assembled individually in accordance with the buyerâ€™s requirements.
Scale of discounts:
- goods with a value of more than EUR 250.00 (net excluding value added tax) shall be dispatched carriage paid to delivery addresses within the Federal Republic of Germany.
- 2% discount on goods with a value of EUR 1,500.00 net or more
- 3% discount on goods with a value of EUR 2,500.00 net or more
- 5% discount on goods with a value of EUR 5,000.00 net or more
6. Retained ownership rights
The merchandise shall remain our unconditional and unreserved property until such time as all obligations arising from the business relationship have been settled in full.
Pending full payment of the merchandise, the buyer shall notify us immediately in writing in the event of any third-party seizure or other intervention with respect to the goods subject to our retained ownership rights so that we may commence proceedings pursuant to Section 771 of the German Code of Civil Procedure.
7. Warranties and liability
All merchandise is sold as prime choice and packed and may be inspected by the buyer beforehand. The buyer acknowledges and confirms that all the merchandise constitutes remaining stock or remainders and that the goods are sold in the condition which they exhibited upon being received at the warehouse in Hamburg. Accordingly, all claims in the event of any faults or flaws shall be excluded unless we have willfully concealed the existence of such fault or flaw or have breached a guarantee given with respect to a given quality or characteristic. This shall also apply to any legal deficiencies. Otherwise, any claims asserted by the buyer shall be entertained only if duly submitted in accordance with Section 377 of the German Commercial Code. Any claims on account of purported faults or flaws in the merchandise delivered shall be barred upon the passage of 6 months after the date on which risk passes to the buyer. We shall not be liable for any loss or damage incidental to the merchandise or for any other pecuniary loss sustained by the Buyer. We shall only be liable for damage regardless of the legal reason in the event of willful misconduct or gross negligence. The restrictions on liability shall not apply in the event of any personal injury, breach of a guarantee given with respect to a given quality or characteristic or any claims arising from product liability legislation. The buyer shall have no right of recourse on account of the nature of the merchandise as remaining stock. In the event that the buyer has a right of recourse, no remedies going beyond those provided for in Section 478 of the German Civil Code shall be available to it. In particular, rights of recourse arising from any agreement between the buyer and its own customer going beyond the scope of the statutory guarantee shall be excluded.
8. Indications of origin
The merchandise may only be resold in neutral form. As the merchandise stems from remaining stock/remainders, it may not exhibit any indication of its origin. For this reason, all labels, price tags and article numbers shall be removed. If it is not possible for labels, price tags and article numbers to be concealed by means of print-overs, the buyer shall arrange for them to be replaced at its own expense. If merchandise is resold before it has been neutralised, the buyer shall place on its own customer the obligation to neutralise the merchandise and shall be held liable in the event of any failure to do so.
9. Data privacy declaration
As we attach particular importance to protecting our customersâ€™ privacy and personal data, we strictly apply the rules provided for in data privacy legislation. Accordingly, we record personal data only to the extent that it is required for technical purposes. The following declaration explains how we protect data and which data is utilised for which purposes.
Utilisation of personal data
Personal data is subject to the rules of data privacy. In accordance with Section 3 (1) of the German Federal Data Privacy Act, such data comprises individual personal or non-personal particulars relating to an identified or identifiable private individual. e.g. details such as name, postal address, e-mail address and telephone number.
This data is only disclosed to third parties without their approval in the event of any statutory obligation to do so. Only data which is disclosed to the courier service to the extent necessary to ensure correct delivery of the merchandise ordered (address and, where applicable, telephone number) is excluded from this.
Information, correction, blocking and deletion of data
You may request at any time information on the personal data which we have stored on you and ask that it be corrected, blocked or deleted. If it is not possible to delete data without contravening statutory or contractual archiving periods or for any other reasons relating to commercial or tax law, your data will be blocked rather than deleted. Please contact us in writing or by e-mail at the address stated below.
Cookies are used in several place on our website. These are items of data which are sent to the userâ€™s web browser by the web server and stored there for later use. Their purpose is to make the presentation of our merchandise on the Internet more convenient, effective and secure. Cookies do not harm your computer and do not contain any viruses. They are recorded and stored on a solely anonymous basis or with a pseudonym and cannot be traced back to you as a private individual.
Anonymous data processing
Whenever you visit our website or download data, this is logged by our web server complete with certain additional information (e.g. type of browser, data and time of visit). This is not personal information. Accordingly, we are not able to trace it back to a specific person.
If you have any questions relating to this data privacy declaration, please contact us directly by mail or e-mail at the following address:
Christmann - Jacoby Textilien
Tel: +49(0)40-18 98 32 87 - 0
Fax: +49(0)40-18 98 32 87 – 7
10.1 All offers, agreements and deliveries shall be subject to our Standard Terms and Conditions of Business. Upon placing an order or accepting delivery, the buyer shall also be deemed to be bound by them in connection with future orders.
10.2 We shall not be deemed liable for any breach of third-party rights caused by offering or selling the merchandise.
10.3 If any of the provisions contained in these Standard Terms and Conditions of Business or any part thereof are or become void, this shall not prejudice the validity of the remaining provisions or parts. In this case, the parties agree to replace the void provision with a valid one which comes as close as possible to the commercial purpose of the void one. If in the performance of the contract these Standard Terms and Conditions of Business are found to contain any gaps, the parties shall fill this gap with a provision which reasonably takes account of their mutual business interests.
10.4 The legal relations between the buyer and us shall be governed solely by the substantive law of the Federal Republic of Germany, it being agreed that the UN Convention on Contracts for the International Sale of Goods (UNCITRAL/CISG) shall be excluded. The place of fulfillment shall be Hamburg. Any disputes shall be referred to the responsible courts of law of the City of Hamburg.