Terms and Conditions
§ 1 Scope and Objective
Our terms and conditions shall apply to contracts between us, TexSolution Michael Jahn, owner: Michael Jahn („Supplier”) and the individual customer (“Customer”, together with the Supplier, the “Parties” or individually the “Party”) for the purchase of products offered through the Supplier’s website.
These contracts govern the purchase of new goods, in specific bags parts and handbags. For details on the individual goods the Customer is referred to the description of the good on the respective webpage.
§ 2 Parties
Contracting party on the Supplier’s side is TexSolution Michael Jahn, owner: Michael Jahn, address: Raiffeisenstraße 2, 91217 Hersbruck, Germany, VAT-number: DE 295 945 347.
§ 3 Conclusion of Contract
(1) The contract is concluded electronically via the online shop set up on the Supplier’s webpage.
(2) The publication of goods on offer on the Supplier’s webpage constitutes an invitatio ad offerendum, i.e. an invitation to the Buyer to make an offer for purchase. Any purchase order by the Buyer thereby constitutes an offer to purchase goods from the Supplier. The offer shall be deemed accepted on the earlier of:
- a written acceptance of the purchase order being issued by the Supplier; or
- any act by the Supplier in accordance with the fulfillment of the purchase order.
(3) No document forwarded by the Supplier to the Buyer after the purchase order has been issued shall be construed to constitute a counter-offer unless specifically stated otherwise.
(4) A legally binding purchase order is sent after completing the following steps:
- Selection of the article;
- Selection of the details of the article (number, size, colour, etc.);
- Confirmation through click on the button “Order”;
- Verification of the details of the order in the cart;
- Confirmation through click on the button “Checkout”;
- Log-In to the customer’s account or proceeding as a guest customer;
- Verification and revision of the details of the order and personal information as well as confirmation if the applicability of our terms and conditions;
- Placing of the final order by clicking on the button “Place binding order”.
(5) The Buyer is bound to the offer for a period of seven days. The order confirmation mail sent out be the Supplier does not constitute the acceptance of that offer but merely confirms that the purchase order has been submitted successfully.
(6) The terms and details of each contract will be saved and stored by the Supplier. The details of each purchase order will be sent to the Customer in the purchase order confirmation email. The customer may also access the details of the order by logging in to the customer’s account.
§ 4 Prices and Conditions of Payment
(1) All prices are final prices and include value added taxes (VAT).
(2) Depending on the shipment method selected by the Buyer, additional costs may be shown in the relevant section before the final purchase order is submitted. If the Buyer has a right to revoke the contract and in case such right is exercised, the Buyer must bear the return costs.
(3) Individual terms and conditions may apply to discount offers. Customers will be informed about these additional terms and conditions.
(4) Discount codes may be used only once. The discount code must be entered using the relevant field during checkout. Only one discount code may be redeemed per order. Discount codes may not be combined with other discounts or offers.
(5) Discounts cannot be redeemed in cash and are only valid for limited time, specified in the individual terms and conditions of that offer.
(6) The Buyer may select one of the following payment methods:
- Payment using the “Sofort.com”-Services
Sofort.com is a service provided by Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany. Using that service, that customer may checkout using the online banking service of the customer’s bank. After selection of the payment method, the customer will be redirected to the payment page provided by Sofort GmbH. To proceed with the payment process, the customer is required to enter the following data: name, IBAN and BIC. The terms and conditions of Sofort GmbH apply: https://www.sofort.com/ger-DE/datenschutzerklaerung-sofort-gmbh/.
- Advance payment
The invoice amount is to be paid in advance after receipt via email of the invoice containing or relevant information about the payment to be made.
- Credit card
In case of the credit card payment being refused by the issuing bank, the Costumer is obliged to pay within a period of 10 days after receipt of the goods the invoice amount plus all costs incurred due to the refusal of the credit card payment.
- Payment service provider (PayPal)
Payments via PayPal are conducted using the services of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The payment service provider allows the Supplier and the Buyer to process the payment among one another by forwarding the payment by the Buyer to the Supplier. Further information on the services of PayPal and PayPal’s terms and conditions can be found here: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
(7) Other methods of payment are not accepted.
(8) An invoice will be generated by the supplier upon receiving full payment.
(9) If full payment has not been made within the payment deadline, the Buyer shall automatically and without further notice be deemed in default after 10 days of having received the goods. The statutory regulations concerning the consequences of default in payment shall apply.
(10)The customer shall only have a right of retention or right of set off regarding those counter-claims that are not disputed or that have been recognized by declaratory judgment or that are not linked synallagmatically unless the counter-claim relates to a breach of material contractual obligations by the Supplier. If the Buyer is deemed a business in the sense of Section 14 of the German Civil Code (BGB), the Buyer may exercise a right of retention only if the counterclaim is based on the same contractual relation.
§ 5 Retention of Title and further Reservations
(1) Until full payment has been made formal ownership of the goods remains with the Supplier.
(2) If the Customer is deemed a business in the sense of Sec. 14 of the German Civil Code (BGB), formal ownership of the goods remains with the Supplier until all claims by the Supplier against the Customer have been settled, even when the individual good has already been paid for.
(3) If the Customer is deemed a business in the sense of Sec. 14 of the German Civil Code (BGB), he already assigns all claims against his customers arising from contracts aimed at the sale or purchase of the goods of the Supplier as security.
(4) If the value of the security exceeds the claims of the supplier against the purchaser arising from the current business relationship by more than 20 % in all, the supplier shall be obligated at the request of the purchaser to release securities due to him at his discretion.
§ 6 Delivery Conditions
(1) The goods will be dispatched as soon as full payment has been received. Pending special circumstances, dispatching will be initiated at the latest within 2 (two) days of having received full payment. The time required to deliver the goods to the Buyer’s desired destination depends on the shipping method selected as well as the location of the desired destination and the distance to Supplier’s place of business. The regular delivery time of deliveries within Germany is 2 business days, within Europe 7 business days and to non-European countries up to 21 business days.
(2) If the Supplier has stated delivery periods and they have been made the basis of the placing of the order, the delivery periods shall be extended, in the case of measures during labor disputes, in particular strikes and lockouts, as well as in the case of the occurrence of unforeseen obstacles which are outside the Supplier’s sphere of influence, for the duration of that delay. The same reasonable adjustment to delivery times will be made if the Buyer fails to fulfil duties of co-operation in good time.
(3) If the Customer is deemed a business in the sense of Sec. 14 of the German Civil Code (BGB), liability for accidental loss or damages shall transfer to the Buyer with transfer of possession to the Buyer or, in the case of dispatched goods, with transfer of possession to the selected provider of delivery services.
§ 7 Liability, Representations and Warranty
(1) Consumers in the sense of Sec. 13 of the German Civil Code possess rights for defects of the goods according to the provisions in the German Civil Code. Insofar as the parties deviate from those provisions in accordance with the law, the principles set forth in these terms and conditions shall apply.
(2) If the Buyer is deemed a consumer in the sense of Sec. 13 of the German Civil Code, he must notify the Supplier of any obvious defects which are only visible at later time within a term of two weeks following identification in writing accompanied by an error report. Should the defects not be reported accordingly within the mentioned period, all rights for defects shall be lost except for such cases in which the Supplier has maliciously concealed such defects or has offered a warranty for the condition of the goods.
(3) If the Buyer is deemed a business in the sense of Sec. 14 of the German Civil Code, all liability for defects of the goods will be limited to a maximum period of 1 (one) year after formation of the contract.
(4) The Supplier does not offer any formal warranties in the legal sense.
§ 8 Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (TexSolution, owner: Michael Jahn, Raiffeisenstraße 2, 91217 Hersbruck, Germany, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us TexSolution, owner: Michael Jahn, Raiffeisenstraße 2, 91217 Hersbruck, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only 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.
End of Instructions on Withdrawal
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the
following goods (*)/for the provision of the following service (*),
Ordered on* / received on*
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
* Delete as appropriate.
§ 9 Cost of Returning Goods
Should the customer exercise the right to withdraw from the contracts, all costs of returning the goods shall be paid by the customer. The costs of returning goods via our return-ticket-system are 4,50 EUR for returns within Germany and 9,90 EUR for returns within the EU. Customers using other return methods shall pay all additional costs incurred due to the chosen return method.
§ 10 Exclusion of Liability
Claims for damages by the Buyer shall be excluded subject to the exceptions set forth in the following provisions. The exclusion of liability applies also to claims for damages brought forward by the Buyer against vicarious agents or representatives of the Supplier. The exclusion of liability does not apply in cases of statutory obligatory liability, especially in cases involving the Supplier’s intentional or grossly negligent breach of duty or intentional or grossly negligent breach of duty of a vicarious agent or representative of the Supplier or in the event of injury to life, limb and health of the Buyer or in the event of a material breach of contractual obligations, which reasonably must be performed to achieve the objective of the contract.
§ 11 Jurisdiction and applicable Law
(1) The Law of the Federal Republic of Germany shall exclusively apply to all legal relations between the Buyer and the Supplier unless consumer protection rules in the Buyer’s home country or country of permanent residence offer superior consumer protection (Art. 6 VO [EG] 593/2008). The applicability of the United Nations Sales Convention shall be excluded. These stipulations shall also apply if the Buyer is a foreigner or its registered office is located abroad.
(2) Place of performance for all contractual obligations is the Supplier‘s registered office, unless required otherwise by statutory provisions.
(3) All disputes shall be settled before a competent court at the location of the Supplier’s registered office in Germany unless another legal venue is mandatory under statutory law. The Supplier reserves the right to bring an action against the Buyer at its general legal venue.
§ 12 Data Protection
During the process of arranging the purchase, forming and performing the contract and rescission of the contract governed by these terms and conditions, the Supplier collects, stores and processes personal information and data. All actions involved in doing so are fully compatible with statutory provisions. No personal data of the Buyer will be forwarded to any third party, unless the Supplier is required to do so by law or the Buyer has specifically agreed to the forwarding of data. When using the services of any third party to perform any of the obligations of the contract or when using the services of any third party to ensure the performance of the contract, personal data transfers by the Supplier to any such third party are fully compatible with the provisions of the German Federal Data Protection Act. The personal data provided by the Buyer during the purchase process will be collected, stored and processes solely for the purpose of contacting the Buyer in respect to the performance of the contract or for the purposes expressly agreed upon by the Buyer. Data will be forwarded to the provider of delivery services only when and insofar as necessary to ensure delivery of the goods to the Buyer. Payment information will be forwarded to the payment service chosen by the Buyer during the purchase process. Insofar as the Supplier is subject to statutory data storage requirements, the data may be stored up to 10 (ten) years. The Supplier collects anonymous data about customers visiting the webpage of the online store. Neither is it intended nor is it possible to make any conclusions regarding personal data from the anonymous data collected during the visits. The anonymous data includes the IP-address, date, time, browser-type, operating system and visited pages on the Supplier’s webpage. Personal data will be deleted, altered or blocked in accordance with the statutory requirements upon request by the customer. Customers have the right to obtain a full, free of charge disclosure on the personal data of the customer collected, stored and processed by the Supplier. For questions and requests regarding the deletion, alteration or blocking of personal data, customers may contact: TexSolution, Inh. Michael Jahn, Raiffeisenstraße 2, 91217 Hersbruck, Germany, firstname.lastname@example.org.
§ 13 Implementation of the Directive on Alternative and Online Dispute Resolution
Online Dispute Resolution according to Art. 14 para. 1 EU Directive 2013/11: The European Commission provides a platform for alternative and online dispute resolution, which can be found here: http://ec.europa.eu/consumers/odr/.