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General Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Redemption of gift vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Information about online dispute resolution

1) Scope of Application

1.1 These Terms and Conditions of the company Karp & Krieger Handelswaren GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.3 A consumer pursuant to these Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The seller may accept the Client’s offer within five days,

  • - by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • - by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
  • - by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.

2.5 In case of an order via the Seller's online order form, the text of the contract is stored and sent to the Client in text form (e.g. e-mail, fax or letter) after the posting of his order in addition to the available General Terms and Conditions. However, the text of the contract can no longer be retrieved via the Seller's website, after the Client has submitted his order.

2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller’s online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

2.7 The English language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.

4) Prices and Payment Conditions

4.1 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.2 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.3 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

4.4 When choosing the method of payment credit card, the invoice amount shall become immediately due. The processing of credit card payments is made in co-operation with secupay AG, Goethestr.6, 01895 Pulsnitz (www.secupay.de) to whom the Seller assigns his claims. The secupay AG collects the invoice from the Client’s indicated credit card account. In case of assignment, payment can be made with debt-discharging effect exclusively to secupay AG. The credit card account is debited after the Client has sent his online shop order. In case of choosing the method of payment credit card, the Seller will remain responsible for general customer questions regarding for example the goods, delivery time, dispatch, returns, complaints, cancellation statements and its mailing or credit memos,

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

7) Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.

7.2 Deviating hereof, for consumers the limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the Client. The shortening of the limitation period does not apply,

  • - for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
  • - for damages arising out of injuries to life, body or health, which result from intentional or negligent violation of the Seller’s duties or the intentional or negligent violation of duties by the legal representative or the vicarious agent of the user,
  • - for other damages resulting from intentional or grossly negligent violation of the Seller’s duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
  • - if the Seller has fraudulently concealed the defect.

7.3 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Redemption of gift vouchers

8.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop.

8.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.

8.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

8.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

8.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

8.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

8.7 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

10) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the domicile of the Client.

11) Information about online dispute resolution

The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

Date: 01.09.2016

 

GENERAL TERMS AND CONDITIONS OF KARP & KRIEGER HANDELSWAREN GMBH FOR THE SALE OF WOOL FELT PRODUCTS

Article 1 - General provisions

1. Scope

Our supplies, services and offers to customers are made solely in accordance with these terms and conditions. They apply to all existing and future business relationships. Even if they are known, general terms and conditions that are at variance, contradict or supplement the present terms and conditions shall not form part of the contract unless express written approval is given for them to apply. Our sales staff are not authorised to make oral agreements with customers concerning the contract that depart from the terms of the order form or these general terms and conditions.

2. Definitions

(a) ‘consumers’ for the purposes of these terms and conditions means natural persons with whom a business relationship is established and who cannot be regarded as exercising a commercial or self-employed activity.

(b) ‘businesses’ for the purposes of these terms and conditions means natural or legal persons or partnerships with legal capacity with whom a business relationship is established and which are acting in the exercise of a commercial or self-employed activity.

(c) ‘customers’ for the purposes of these terms and conditions means both consumers and businesses.

Article 2 - Conclusion of contracts

1. Our offers are made without obligation. They are subject within the bounds of reasonableness to amendments of a technical nature and in form, colour and/or weight.

2. By placing an order, a customer shall be regarded as expressing a binding interest in purchasing the goods ordered. We are entitled to accept the offer to conclude a contract expressed by the order within in two weeks of receipt. Our acceptance may be made in writing or by delivering the goods to the customer.

3. If a consumer places an order electronically, in writing or by telephone, we will confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt may be accompanied by our acceptance of the order.

4. The conclusion of a contract shall be subject to the correct and punctual supply of the goods by our suppliers. This proviso only applies where the non-supply is for reasons beyond our control, in particular where we have placed a matching order with our supplier. Customers will be informed immediately if items are unavailable. Any consideration already provided will be refunded without delay.

5. Supply dates shall only be binding if these have been expressly agreed in writing. If we fail to meet an agreed supply date, the purchaser must set us a reasonable deadline, at a minimum two weeks, within which to supply. Otherwise supply dates are merely indicative. If the anticipated supply period is exceeded by more than two weeks, the customer will be informed and notified of the anticipated supply date. We are entitled to supply part orders.

Article 3 - Retention of ownership

1. In contracts with consumers, we retain our ownership of the goods until full payment of the purchase price. In addition, during the period in which we retain ownership, the customer may not sell the goods or deal in any other way with the ownership rights. Paragraph 2 does not apply to consumers.

2. For business customers the following rules apply. Until full payment of all amounts owing under the business relationship is received, we shall remain the owner of all goods supplied. Any treatment or transformation shall be deemed always to have been carried out on our behalf as manufacturer. However, this shall not involve any obligation on our part. If our (joint) ownership is extinguished by way of combination or commingling, it is hereby agreed that we shall acquire a share, based on the value of our property (invoice value), in the business customer’s (joint) ownership of the resulting single item. The business customer shall store our property or property share free of charge. Goods over which we have (joint) ownership rights shall be referred to in the following as ‘goods subject to reservation of title’. A business customer shall be entitled to sell goods subject to reservation of title in lawful commerce so long as that customer is not in default. No execution against the goods or transfer of a security interest shall be permitted. The business customer assigns to us now by way of security the receivables arising through the sale of, or on other legal grounds in connection with, the goods subject to reservation of title. We hereby accept the assignment. The business customer, so long as such person is not in default, is entitled to sell the goods subject to reservation of title or the products resulting from their treatment only on the basis that the business customer agrees with their customer a reservation of title clause which preserves our reservation of title. No execution against the goods or transfer of a security interest shall be permitted. The business customer assigns to us now their receivables arising from the sale or rental of the goods subject to reservation of title. We hereby accept the assignment. If the goods subject to reservation of title are sold together with other items for a global price, the assignment shall cover the receivable only to the amount corresponding to the price of the goods we supplied. The business customer shall be entitled to collect the receivable. This authority shall cease to apply as soon as the business customer fails to meet their agreed payment obligations. In this case, we may collect the receivable assigned ourselves. If the value of the collateral provided exceeds the receivable secured by more than 20% we undertake to release the amount in excess. If third parties lay claim to the goods subject to reservation of title, the business customer shall inform them of our ownership and notify us immediately. The business customer shall reimburse all expenses and damage sustained in this connection. If the business customer acts contrary to the contract, in particular where the customer is in default with payment, we shall have the right to retake the goods subject to reservation of title or, where applicable, to require the assignment of the right to obtain restitution of the item. Should we retake or levy execution on goods subject to retention of title, this shall not mean that we have rescinded the contract. The business customer shall treat the goods with care. For as long as we retain our ownership rights, the business customer shall insure the goods against loss and diminution in value, against the risk of vandalism, fire and theft, and against transport risks and water damage.

Article 4 - Consumers’ right to return goods

1. A consumer has the right to return goods received within two weeks of receipt without specifying any reason for the return. The right to return goods can only be exercised by sending the goods back. Only in the case of goods that cannot be posted as parcel (e.g. bulky items) can the right be exercised by sending a written notice of the request to return the goods, e.g. by letter, fax or email. The goods will be deemed to have been returned within the deadline if the goods are posted or the notice requesting to return the goods is sent within the two-week period. The goods must be returned or the notice requesting to return the goods must be sent to the business address specified in the legal notice on our website and on our business stationery.

2. The return of the goods is at the poster’s own risk. When exercising the right to return goods, the consumer must pay the costs of returning the goods unless the goods supplied were not the goods ordered. The parcel must be sent affixed with the correct postage.

3. Where the right to return has been duly exercised, each party must return the services received. The consumer must pay compensation for a deterioration in the goods resulting from use of the goods in accordance with their intended use. This shall not apply if the deterioration in the goods results exclusively from an examination of the goods in the same way as could be done, for example, in a shop. The consumer shall be responsible for any reduction in value resulting from use going beyond a mere examination and meaning that the goods can no longer be sold as ‘new’. Reimbursements of payments must be made within 30 days. For the consumer this period begins when the return goods are posted or when the notice requesting to return the goods is sent and for us the period begins on receipt of the notice or goods.

Article 5 - Purchase price

1. Where an item is offered to a consumer, the purchase price includes VAT. Where an item is offered to a business customer, the price excludes VAT.

2. Where the contract includes the carriage of goods, the flat-rate shipping charge must be added to the purchase price. There is no extra charge for placing an order by means of distance communication. Prices do not include shipping costs, expenses, customs duties, etc.

3. Unless specified otherwise in writing, payment shall be made in cash on delivery.

4. Invoices shall be due 14 days after issue. During any period of default, a consumer must pay interest on the amount owed at a rate of 5% above the base interest rate. During any period of default, a business customer must pay interest on the amount owed at a rate of 8% above the base interest rate. In the case of a business customer we reserve the right to prove that the loss resulting from the default was greater and to claim this greater amount.

5. A customer may exercise a right of set off only if their counter-claim has been determined by binding judgment or acknowledged by us. A customer may exercise a right of retention only when their counterclaim is based on the same contractual relationship.

6. Even if a customer’s terms specify otherwise, we are entitled to apply payments to the customer’s oldest debt first. If costs have already arisen, we are entitled to apply payments first to cover the costs, then the interest and finally the principal obligation.

7. If a customer fails to make payment as contractually agreed or stops making payments or we learn of other circumstances raising doubts about the customer’s creditworthiness, we are entitled to require immediate payment of all amounts owing or to require payment in advance or the provision of security.

Article 6 - Transfer of risk / Supply

1. If the purchaser is a business, the risk of accident loss or deterioration of the goods passes to the purchaser when the item is delivered or where the contract includes the carriage of goods when the item is given to the forwarding agent, the carrier or other person or institution intended to carry out the shipping.

2. If the purchaser is a consumer, the risk of accidental loss or deterioration of an item sold passes to the purchaser, even where the contract includes the carriage of goods, only when the item is delivered to the purchaser.

3. Where the purchaser is in default in acceptance, this shall be regarded as equivalent to delivery.

4. We will obtain insurance to cover the risk that items ordered are lost or damaged during shipping only at the customer’s express request and at the customer’s expense.

5. All supplies are made from our warehouse in Berlin unless we state otherwise.

6. Shipping is effected at our discretion either ex warehouse or ex works. The method of dispatch and shipping route shall be at our discretion. Part supplies are permitted.

7. Even where we have agreed binding deadlines and dates, we shall not be responsible for delays in supply and provision of services resulting from force majeure and events making it, not only on a temporary basis, considerably more difficult or impossible to perform; events of this kind shall include in particular war, strikes, lock-outs, official orders, etc. also in cases where they affect manufacturers under contract to us, suppliers or their subcontractors. In these circumstances we are entitled to put back the date of supply or service provision for the period in which our performance is impeded plus a reasonable period in which to resume activities or, on account of the part not yet performed, to cancel the contract in full or in part. Where our performance is impeded for more than three months, the customer is entitled, after setting a reasonable deadline for performance, to cancel the part of the contract that has not been fulfilled. If the supply period is extended or we are released from our obligations, this shall not give the purchaser grounds to claim damages.

Article 7 - Warranty

1. If the purchaser is a business, we will fulfil our warranty for defective goods initially either by rectifying the defect or supplying replacement goods, whichever we choose. We must communicate our choice to the customer in writing (including by fax or email) within three working days of receipt of the notice specifying the defect.

2. If the purchaser is a consumer, the purchaser may choose in the first instance whether the warranty is to be fulfilled by rectification of the defect or supply of replacement goods. However, we may refuse to fulfil the warranty in the manner chosen if that course of action entails disproportionate costs and the other manner of fulfilling the warranty does not involve considerable disadvantage for the consumer.

3. If the fulfilment provided in accordance with paragraphs 1 and 2 is unsuccessful, the customer may in principle opt either to reduce our remuneration (price reduction) or to rescind the contract (cancellation). However, where the breach of contract is only minor, in particular where the defects are only minor, the customer shall have no right to cancel. In relation to any claims by the customer for damages, the provisions of Article 8 also apply.

4. Business customers must inspect the goods carefully immediately on receipt. In the case of evident defects, they must notify us in writing (by letter, fax or email) within five working days of receipt of the goods; in other cases within five working days of discovering the defect; otherwise no warranty claim shall be possible. Notification will be deemed to have been made within the deadline if it was sent on time. The full burden of proof shall be on the business customer to prove that all requirements of the warranty claim are satisfied, in particular, the defect itself, the date on which the defect was detected and that the defect was notified within the relevant deadline.

5. Consumers must notify us in writing (by letter, fax or email) of evident defects within three weeks of the date on which it was discovered that the state of the goods was not as specified in the contract. The date on which we receive the notification shall be decisive in determining whether it was submitted within the deadline. If a consumer fails to provide this notification, warranty rights shall lapse two months after the defect was discovered. This shall not apply if we have acted in bad faith. The consumer shall have the burden of proving the date on which the defect was discovered. If a consumer was induced by manufacturer misrepresentations to purchase an item, the consumer shall have the burden of proof with regard to the decision to purchase.

6. For businesses the warranty period shall be one year from the delivery of the goods. For consumers a period of two years shall apply from the date on which the goods were delivered. This shall not apply if the customer did not notify us within the relevant period (see paragraph 4 for businesses and paragraph 5 for consumers).

7. Felt is a natural product. For that reason, items delivered may exhibit colour variations in comparison with earlier batches. These variations do not constitute a defect but are a consequence of felt’s unique qualities as a material. As a natural material, felt is subject to colour variations that cannot be influenced. Inclusions in felt are part of the natural product and therefore cannot be avoided. The possibility cannot be technically prevented that fragments of broken needles may be found in needled felt. Consequently, the occasional inclusion of broken needle fragments shall not constitute a defect.

8. Screen printed woollen felt

In the case of screen printed products, for technical production reasons and on account of the characteristics of our woollen felt as a material, variations or differences in colour and different printing results may occur within a single order; these shall not constitute grounds for a complaint.

9. Pilling

Pilling is a typical occurrence with pure wool felt which cannot be completely avoided and does not constitute a ground for complaint. Pilling results from fibre residue that remains in the material after production of the wool felt and, through abrasion, forms tiny balls on the surface (pills).

These pills can be easily removed with a fabric shaver, available from retailers. In most cases, removal is only necessary once. If pilling occurs again, the procedure must be repeated.

10. Effects of sunlight

The dyes used by our suppliers are generally rated good or better in terms of colour fastness and UV resistance. However, if the material is exposed to strong sunlight, variations in colour may occur. Variations in colour resulting from exposure to direct sunlight shall not constitute a ground for complaint.

Article 8 - Liability

1. Where a breach of duty results from minor negligence our liability shall be limited to that the average direct losses that are foreseeable and contractually typical for the item in question. This shall apply also to minor negligence on the part of our legal representatives or agents. In relation to business customers we shall not be liable for breaches of non-essential obligations resulting from minor negligence.

2. The above limitations of liability shall not apply to product liability claims of customers and to claims based on an injury to the life, body or health of a customer for which we are responsible.

3. Customer claims for damages in relation to a defect shall become time barred one year after delivery of the goods. This shall not apply where we can be accused of gross negligence and in cases of injury to body and health or a customer’s loss of life for which we are responsible.

Article 9 - Data protection

1. We may process the data relating to a particular contract to the extent necessary for the execution and fulfilment of the contract and for such period as we are required by law to keep these data. We will not transfer a customer’s personal data to a third party without the customer’s express consent except to the extent that we are required by law to disclose the data.

2. We are not permitted to collect, transfer or otherwise process a customer’s personal data for purposes other than those specified in this Article.

Article 10 - Final provisions

1. The laws of the Federal Republic of Germany shall apply. The provisions of the UN Convention on the International Sale of Goods and the German conflicts of law rules shall not apply.

2. If the customer is a trader or a legal person or special fund established under public law, the Berlin courts shall have exclusive jurisdiction to hear all disputes arising out of this contract. The same shall apply if the general forum applicable to the customer is not in Germany or the customer’s domicile or place of habitual residence is not known at the date the action is brought. In all other cases both we and the customer can bring an action before any court having jurisdiction under the law.

3. If individual provisions of the contract with a customer including these general terms and conditions are or become entirely or in part ineffective, this shall not affect the validity of the remaining provisions. The provision that is entirely or in part ineffective should be replaced by a provision that is as close as possible in commercial terms to the ineffective provision.