General Terms and Conditions
For all orders via our online shop by consumers and businesses, the following terms and conditions apply.
A consumer is any person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. A business is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
In relation to other businesses, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
- Vendor, inclusion by reference of the General Terms and Conditions
- The vendor and contracting party for the merchandise presented in the onlineshop www.rugtales.com is the IPEK Warenhandelsgesellschaft mbH in Borsteler Chaussee 85, House 21, 22453 Hamburg, Germany. (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
- Merchandise offered and conclusion of contract
The Vendor is offering the articles presented in the onlineshop for sale. The colours of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
- Furthermore the Vendor offers unique and handmade products. Irregularities in colours or crooked parts are natural to this product and can not be claimed as broken.
- The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in English.
(3) The vendor shall deliver the merchandise to destinations in the EU.
(4) Customers shall select the merchandise desired by placing it in their “Cart” by clicking on the button “ADD TO CART” and continuing his purchases or by finishing to select the merchandise by clicking the button “CHECK OUT”.
(5) Within the Cart the customer alternatively can use the button “Checkout with PayPal”. Thereby the customer will be forwarded to the website of the payment service of the PayPal S.a.r.l. Where he can log into his account. After being login the customer will be redirected to the website of the vendor, who will automatically use the customer‘s name and adress from the customer`s PayPal account for the order.
(6) The order will be conclusively placed with the Vendor by clicking on the button “Complete order”. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(7) The Vendor is making a binding sales offer for the merchandise presented in its shop by transmitting the order using the button “Complete order” the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(8) The content of the contracts concluded is stored by the Vendor and is send to the customer with the contract confirmation. Furthermore there will not be any more storage of the content of the contract. The customer is adviced to store the e-mails of the vendor containing the offer and the contract confirmation for his own documentation and/or print a copy of them.
(9) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
- Prices and payment
(1) All product prices are end prices plus shipping costs. All prices include turnover tax in the amount of 19%.
(2) The shipping costs and types of shipping are listed on the website in on page called “Shipping & Return”.
(3) Where deliveries are made to countries outside the European Union customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment (by bank transfer or using PayPal) under the following conditions:
(a) Where the customer has selected pre-payment by “Banktransfer” as the form of payment, the Vendor’s bank account details will be provided in the contract confirmation. Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad. Any bank transfer has to be free of charge for the Vendor.
(b) For PayPal payments, the customer will be forwarded to the website of the PayPal S.a.r.l., from where payment can be made by entering the customer‘s PayPal details.
(5) For payments using a gift voucher code, the customer may enter a voucher code when placing the order. The voucher value will be credited to the vendor, and in this way the invoice amount will have been paid for. If a voucher value is higher than the invoice amount, the customer will receive a new voucher in the amount of the excess amount to the address specified in the order by e-mail. The credit out of voucher will neither be paid out in cash nore will it bear interest. A voucher is transferable. The customer can only use one gift voucher per purchase. A subsequent offsetting is not possible. Further conditions are defined on the voucher.
(6) As far as there are listed additional payment methods in the check out process (e.g. credit card, Sofortüberweisung, KLARNA etc.) those payments will be handled by the payment services provider.
(7) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
- Shipment, delivery periods
(1) The Vendor shall deliver the merchandise within the time given in the items description after the payment is made.
(2) For shipping within Germany, a period of 3-5 business days is calculated for delivery.
(3) For deliveries to destinations outside Germany, a period of 7-18 business days, depending on the destination, has to be added to the respective domestic delivery time.
The shipment and return to Austria, Switzerland and Germany is free of cost. The prices for shipping to any other European country are listed on the page named “Shipping & Return”.
(4) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered separately in shorter time, he may place a separate order for that product.
(5) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
5. Right of withdrawal for consumers
The consumer has the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by sending a clear statement to our e-mail address firstname.lastname@example.org In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal
If you revoke this contract, we shall repay to you all payments received from you immediately and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for this refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days after the day on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
Returns shall be made at our expense. For this we will send you a return label after receipt and examination of your e-mail with the revocation, that you then place on the original packed product to bring it then to a post office in your proximity.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking their condition, properties and functionality.
6. Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the customer has his habitual residence as a consumer, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points the legal regulations step, as far as available. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.
7. Warranty & defect liability
All warranty claims (liability for defects) of the customer shall be governed by the statutory regulations.