General Terms and Conditions for Online Sales
Maltzahn Carpet Innovation GmbH
Director: Gerard van Dalfsen
Tel.: +49 (0)2502 2313 65*
Fax: +49 (0)2502 2313 55
Commercial register: Coesfeld Local Court, HRB 11562
VAT ID no.: DE 815028023
The European Commission provides a platform for online dispute resolution (ODR) which you can access via the following URL: http://ec.europa.eu/consumers/odr/
* Call costs vary depending on your phone contract and call rates.
1.1 The following General Terms and Conditions are applicable for all sales, supplies and services provided by the seller to the customer unless an agreement is made to the contrary. By sending/submitting an order, the customer acknowledges the content and the validity of these GTC.
Beyond the provisions of these GTC, the statutory provisions shall apply exclusively to the extent that these GTC have been waived, in whole or in part, by means of an individual agreement. In this case, the burden of proof lies with the person invoking the derogation.
1.2 Customers of the seller may be consumers or entrepreneurs. A consumer in this context is any natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to their commercial or independent professional activity. An entrepreneur in this context is any natural person or legal entity or partnership who, in concluding the legal transaction, is exercising their commercial or independent activity.
2. Conclusion of contract
2.1 The product presentations contained in the seller’s online shop are non-binding and without obligation and do not constitute a binding offer, but serve merely for illustration purposes and as an invitation to the customer to submit a purchase offer, which is legally binding for the customer
2.2 The customer may submit the purchase offer in writing, by fax, by e-mail or via the online order form integrated in the seller’s online shop.
When purchasing online, the customer places the desired item in the shopping cart by clicking the “Add to Cart” button. The customer can display an overview of the contents of the cart via the “Shopping Cart” menu item. The menu is displayed by clicking once on the button located on the right at the start of the page. In this overview, the customer can remove individual or all items from their shopping cart by selecting the “Remove” button. Alternatively, the customer can abort the order process by clicking the browser’s “back” button or closing the browser window. Either way, the order will not be placed.
At any time during the order process and right up to final and binding confirmation of offer (see below), the customer can abort the order by closing the browser or clicking the browser’s back button as described above.
Once the customer is happy with the goods they have chosen and wants to continue with their order, they click the “Go to Checkout” button. At this point, the customer can either login as a customer or register. In the latter case, the customer enters their address details (Registration). Then the customer selects the payment and shipping methods. Finally, the customer receives an overview of the information entered and the main details of the order. This is the customer’s last chance to make changes, which they can do by clicking “Change” next to the respective link and making the changes. The customer can abort the order process at this point too by closing the browser window or going back to the previous step by clicking the browser’s “back” button. Once the customer is happy with the order, they click the “Order and Pay” button. By clicking this button, the customer is submitting a binding offer to enter into a purchase contract.
Initially, the seller sends confirmation of receipt of the customer’s purchase offer by electronic means (“Order Confirmation”). In any case and independently of any confirmation of receipt sent previously, a purchase contract is not concluded until the seller subsequently sends a written “Order Confirmation”. The seller has 2 weeks to accept the customer’s binding offer. If the seller delivers the goods ordered within this time frame, that shall be deemed equivalent to explicit acceptance through an Order Confirmation. The seller has the right to refuse to accept the order, for example after checking the customer’s creditworthiness.
In the case of ordering via fax, the customer is placing a binding order by sending their fax. The seller can accept the order by e-mail or fax (Order Confirmation). A purchase order has not been concluded until the customer receives the Order Confirmation; delivery of the goods shall be deemed equivalent to acceptance.
In the case of ordering via e-mail, the customer is submitting a binding offer by sending the e-mail to the seller. In case of acceptance, the seller will respond to the offer by the same means (Order Confirmation). A purchase order has not been concluded until the Order Confirmation has been received; delivery of the goods shall be deemed equivalent to acceptance.
Irrespective of the means by which the customer chooses to place their order, the seller has two weeks from receipt of the order to accept it by declaration or delivery.
2.3 The contract text (comprising the order details and the GTC, incl. cancellation instructions) is sent to the customer with the Order Confirmation. The customer must check that the e-mail address they provided for purchase processing is correct in order to ensure they can receive e-mails sent by the seller using this address. Especially when using spam filters, the customer must ensure that all e-mails sent by the seller, or the seller’s purchase processing service providers, can be delivered. The latest version of the GTC is always available on the seller’s homepage for the customer to call up and read. The order details are not usually stored and cannot be accessed by the customer at a later date. The customer must therefore assume responsibility for saving the order details. Only if the customer logs in with their customer details before ordering can they view the order history via their customer account. These contractual terms can be printed out using the browser’s Print function or saved to the computer using the “Save Page” function.
2.4 If the customer is an entrepreneur, provision is subject to correct and timely delivery to us. The seller shall inform any customer who is an entrepreneur immediately of the non-availability of any delivery item and, if the contract is rescinded, shall refund any corresponding payment the customer has already made without delay.
2.5 The seller can still be advised of any subsequent changes to details by fax or e-mail or over the phone. However, subsequent changes to an offer already submitted do not affect the validity and binding nature of the offer for the customer.
2.6 The seller is entitled to revoke automatically generated order confirmations within 48 hours in cases where the pricing and/or product information is obviously incorrect.
2.7 All products are only sold in commercial quantities. This applies both to the number of products ordered within one order and the placing of multiple orders for the same product whereby the individual orders are for a household quantity.
2.8 The terms of contract are only available in German.
3. Right of cancellation
Consumers (for definition, see point 1) are granted a right of cancellation under the Distance Selling Regulations. As a consumer, the customer has the right to cancel their contract declaration in accordance with the instructions set out below:
Right of cancellation
You have the right to cancel this contract without giving any reason within fourteen days. The cancellation period is fourteen days from the day you, or a third party designated by you who is not the carrier, took possession of the goods. To exercise your right of cancellation, you must inform us
Maltzahn Carpet Innovation GmbH
Director: Gerard van Dalfsen
Tel.: +49 (0)2502 2313 65
Fax: +49 (0)2502 2313 55
of your decision to cancel this contract by means of a clear statement (for example via a letter sent by post, a fax or an e-mail). You may, but are not obliged to, use the attached sample cancellation form to do this. To comply with the cancellation deadline, you must send your notification that you are exercising your right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from the fact that you chose a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day we received your notification of cancellation of this contract. We will use the same method of payment for the refund as the one you used for the original transaction unless otherwise explicitly agreed with you; in no event will you be charged any fees with regard to this refund. We may withhold the refund until we have received the goods back from you or until you have provided proof that the goods have been sent back, whichever is the sooner.
You must send back or hand over the goods to us immediately and in any case within fourteen days from the day you informed us of the cancellation of this contract. To comply with this deadline, you must dispatch the goods prior to expiry of this fourteen-day period.
You are responsible for the direct costs of sending the goods back.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
-End of cancellation instructions-
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
Maltzahn Carpet Innovation GmbH
Director: Gerard van Dalfsen
Fax: +49 (0)2502 2313 55
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase
of the following goods (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notification on paper)
(*) Delete as applicable.
4. Price and payment terms
All prices specified are in EUR (€) and are final prices. No cash discounts or other price reductions are granted unless additionally and explicitly stated in the respective offer. The prices quoted on the seller’s web pages are valid at the time of order. All prices specified are final prices in euros and include VAT at the current statutory rate. To aid comparison, net prices are also quoted for entrepreneurs.
The seller accepts all methods of payment offered on their website within the order process (PayPal, credit cards, payment in advance/bank transfer). The customer can select their preferred method of payment. The seller reserves the right to exclude certain payment methods. If payment in advance is selected as the payment method, the seller will provide their bank details in the Order Confirmation. If credit card or PayPal is selected as the payment method, the credit card or bank account will be debited upon order completion. For payment by automatic debit/direct debit, the customer is responsible for any costs incurred through payment reversal due to insufficient funds in their account or caused by them providing incorrect bank account details.
If payment in advance is agreed, the customer undertakes to pay the respective purchase price, along with any shipping costs due, within 10 days from receipt of the request for payment.
For purchases on account, the purchase price is due immediately unless otherwise agreed between the contract parties. Default occurs 14 days after receipt of invoice.
5. Retention of title
The goods supplied remain the property of the seller until full and final payment is received (simple retention of title). For entrepreneurs, extended retention of title applies in addition, i.e. if the customer combines the goods with other objects to form a single item and if the other item is considered to be the main item, the customer, insofar as the main item belongs to them, shall transfer proportionate co-ownership to the seller. If the customer resells the supplied goods for their intended purpose then in doing so they also assign to their customer any claims against the seller that may arise from the sale.
6. Delivery and shipping terms, and assumption of risk
6.1 Unless agreed otherwise with the customer, the purchased goods will be dispatched to the delivery address supplied by the customer. Collection by the customer is only possible by prior arrangement with, and confirmation from, the seller.
6.2 For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery of the goods or, in the case of sale to destination, upon surrender of the goods to the chosen forwarding agent or logistics company.
6.3 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass to the customer until the goods are delivered to the consumer or their designated recipient. This also applies for sale to destination.
6.4 Delivery is still deemed to have taken place even if the customer delays in accepting the goods.
6.5 For delivery abroad, the customer will be charged shipping costs in the sum indicated on the order confirmation. The seller is free to chose which forwarding agent or shipping company to use to deliver the goods to the customer. Delivery times are indicated in the description of the goods. If no delivery time is specified there, then it is 4 to 6 weeks. The customer will be notified by e-mail of any delay in delivery as soon as the delay becomes apparent.
Should delivery fail due to reasons beyond the seller’s control, the seller may withdraw from the contract. The seller undertakes to inform the customer immediately should this situation arise. Any payments made shall be refunded immediately. This shall not affect the customer’s legal claims.
Partial delivery is permitted provided the customer is in agreement. The customer shall not incur additional shipping costs in the event of partial delivery.
6.6 If the customer is an entrepreneur, for technical/production reasons, there may be some overdelivery of the quantity ordered per colour family, which the entrepreneur must pay for to the extent specified below:
|100 – 250m2||7%|
|251 – 500 m2||5%|
|501 – 1,000 m2||4%|
|1,001 – 2,000m2||3%|
7. Liability and warranty
7.1 No claims may be asserted by the customer for damages, e.g. due to non-performance, fault in conclusion of a contract, violation of secondary contractual obligations, consequential damages due to defect, damages caused by tort or other legal grounds. The above limitation of liability does not apply if the item lacks a promised quality or if the damage is caused by negligence or if there is a personal injury. It also does not apply to claims made under the product liability law.
7.2 Should the customer require repair or exchange of a defective product, the customer must in the first instance contact the seller and not simply send the goods back to the seller without prior arrangement. The seller will then deliver the spare parts or a new product free of charge and, where applicable, arrange collection of the defective product, or provide a contact address for the product manufacturer through whom the complaint may be settled. In the case of complaints, the purchase date must be demonstrated with an invoice.
7.3 If the customer is an entrepreneur, they must fulfil their inspection obligations pursuant to Section 377 of the German Commercial Code (HGB) before they can assert any claims based on defects. Defects must be indicated immediately in writing. Where a defect is indicated, the seller has the right to choose the supplementary performance.
7.4 With carpets, colour variations may occur for production reasons. The enclosed laying instructions must be observed to achieve the correct colour progression. Minor, technically unavoidable deviations in quality, colour, width, weight, finish or design do not represent defects. This also applies to deviations common within the trade unless we have promised in writing to provide an exact match to the sample. With multi-colour spray printing, this means that colour variations from production to production, especially from design samples, in the range of level 3 and greater according to the grey scale for assessing colour change are to be deemed production-related.
7.5 In all other respects, the liability and warranty are governed by the statutory provisions.
The reproduction and use of photos, graphics and text is permitted only with written consent from the seller. In the event of copyright infringement, the seller shall bring an action at law to the extent legally possible.
9. Data storage/data privacy
Pursuant to Section 28 of the Federal Data Protection Act (BDSG), the data necessary to perform the business transaction will be stored and processed using EDP equipment according to Section 33 of the Federal Data Protection Act (BDSG). The seller will use the data provided by the customer to fulfil and process the order. All personal data provided by the customer will be treated as confidential. Only in the context of order processing (payment, shipping) will the necessary data also be shared with third parties (bank, forwarding agent, parcel service). The customer expressly agrees to this collection, processing and use of personal data.
During the order process, personal data is encrypted using SSL for transmission via the Internet. We use technical and organisational measures to secure our website and other systems against loss, destruction, access, alteration or dissemination of the data by unauthorised persons.
Right of access
Under the Federal Data Protection Act, you have a right to access the information held about you free of charge and, where appropriate, a right to correct, block or delete the data.
The contract text is saved and the order data and the GTC are sent to the customer by e-mail. The GTC can be viewed at any time on our website. If you are registered as a customer, you can view past orders in the customer login area.
Further information on data privacy is provided in our Data Privacy Statement.
10. Applicable law and choice of law and place of jurisdiction
10.1 The laws of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. For consumers, this choice of law applies only insofar as this does not deprive them of the protection granted by the statutory provisions of the law of the country of the consumer’s usual residence.
10.2 If the customer is a trader or corporate body under public law, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from contracts between the seller and the customer.
11. Severability clause
Should any individual provisions of this contract, including these GTC, be or become invalid, in whole or in part, this will not affect the validity of the remaining provision.