Terms and conditions
1. General Information
(1) These general terms and conditions (GTC) apply to all business relations between the customer and Paulus Textil GmbH, design and manufacture of textile systems, verlängerte Goethestraße 4, 08209 Auerbach
Phone + 49 (0) 3744 365 212 – 0 | Fax + 49 (0) 3744 365 212 – 9
(hereinafter referred to as "Paulus Textil").
Managing Director: Steffen Golle | Register Court Chemnitz HRB 29742
Website: www.paulus-textil.com
E-mail: info [at] paulus-textil.com | Sales tax IDT.: DE301550307
(2) The current version is relevant at the time of the conclusion of the contract.
(3) Deviating terms and conditions of the customer shall not apply unless expressly agreed upon. Consent to the inclusion of the customer's general terms and conditions also does not lie in the provision of the agreed service and also not in the unconditional acceptance of the performance or payment.
(4) These Terms and conditions also apply to all future transactions between the parties and even if Paul-Textil carries out the delivery of the goods in the knowledge of deviating or contrary conditions.
(5) The customer has the possibility to read and print out the individual provisions of these GTC before the conclusion of the contract.
2. Conclusion of the contract
(1) The contract between Paulus Textil and the customer shall be concluded by Paulus Textil's acceptance of the offer of the customer in accordance with the following provisions.
(2) The services offered by Paulus Textil in the context of the online presence of www.paulus-textil.com represent an invitation from Paulus Textil to the customer to submit an offer for the conclusion of a sales contract.
(3) Offers can be delivered by the customer by e-mail, fax, letter or telephone. The customer's order constitutes a binding offer to Paulus Textil to conclude a sales contract. With the order, the customer declares bindingly that he wishes to purchase the ordered goods.
(4) If the order constitutes an offer within the meaning of § 145 BGB, Paulus Textil is entitled to accept it within a period of two weeks.
(5) A contract is only concluded through the acceptance declaration of Paulus Textil. The acceptance of the offer is affected by a transmission of an order confirmation in text form.
3. Information on the Internet, non-binding price information
(1) The product-related information contained in the online presentation (e.g. advertising illustrations, delivery time, quotation) are non-binding and do not represent a description of the characteristics of the respective goods.
(2) The delivery times and availabilities indicated on the online site are also based on the information provided by the suppliers of Paulus Textil and refer to the working days from Monday to Friday. They are non-binding statements about the expected delivery times and availabilities.
(3) If there is a faulty price tag of the offered goods, Paulus Textil is entitled, irrespective of any existing right of appeal, to withdraw from the contract. This rescission is to be explained immediately after knowledge of this reason for resignation by Paulus Textil towards the customer.
4. Retention of title
(1) All delivered goods remain the property of Paulus Textil until full payment is made.
(2) The customer is not entitled to pledge the goods subject to retention of title, to transfer them for security or to grant third parties other security rights thereto. If a third party acquires rights to the goods, the customer hereby assigns to Paulus Textil all rights arising from it. Paulus Textil accepts this assignment. The customer is obligated to notify Paulus Textil immediately if the goods have been garnished, confiscated or otherwise provided by a third party.
(3) The reserved property is released by Paulus Textil as soon as and as far as its realizable value exceeds the receivable against the customer sustainably by more than 20%.
5. Prices, due date, payment, offsetting
(1) The prices of the services and items of purchase are listed in the respective item list and/or service description. The shipping costs will be displayed to the customer for each item and at the latest before the order is completed. The quoted prices include the legally valid value added tax.
(2) with the receipt of the order confirmation, the purchase price plus shipping costs is payable immediately and is payable without deduction.
(3) Payment of the goods can be made either by advance payment, cash on delivery or on account. Paulus Textil reserves the right to exclude certain payment types in individual cases or to use the payment method in advance.
(4) Advance Payment: The invoice amount has to be transferred to Paulus Textil. Dispatch takes place after receipt of payment.
(5) Cash on delivery: Shipping costs excl. €8.90 (+ 2, 00 EUR delivery fee) plus legal value added tax. Payment is made upon delivery of the goods.
(6) Invoice: The invoice amount is payable within 14 days by transfer to the bank details indicated on the invoice. This payment option is only possible for selected, already registered and commercial customers. This method of payment is generally not available to new customers.
(7) If the customer is in default of payment, Paulus Textil is entitled to demand default interest in the amount of 9 percentage points above the respective base rate. The proof of a higher delay damage by Paulus Textil remains unaffected by this. The customer is entitled to prove that no or less damage to the delay has occurred.
(8) A right to set off claims against Paulus Textil is only granted to the customer if these claims have been undisputed or have been established in a legally valid fashion.
6. Delivery
(1) A delivery can be made worldwide. We inform the customer about our delivery time in the respective order process.
(2) The delivery of the goods shall be made to the delivery address indicated by the customer unless otherwise agreed.
(3) If the ordered goods cannot be delivered by the supplier of Paulus Textil, Paulus Textil is entitled to withdraw from the contract. The legal claims of the customer remain unaffected by this.
(4) If the delivery of the goods is not possible because the customer cannot be found at the delivery address indicated by him, the customer shall bear the costs of an unsuccessful delivery, provided that the delivery date is met by a reasonable period of time was announced.
7. Performance and transfer of risk
(1) The performance of the delivery obligation of Paulus Textil is Auerbach/Vogtland.
(2) Upon delivery of the sold goods to the transport person at the point of performance, the risk passes to the customer. The delivery is the same as the customer's default of acceptance.
8. Consumer's right of withdrawal
1.(1) If the customer is a natural person who completes a legal transaction for a purpose that is largely not attributable to their commercial or independent professional activity (consumer), the customer is entitled to a right of revocation pursuant to § 312g in conjunction with § 355 BGB.
1.(2) Right of withdrawal in the case of purchase contracts for goods:
Revocation Instructions
Right of withdrawal
You have the right to revoke this agreement within fourteen days without giving any reasons.
The period of withdrawal shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has or has taken possession of the goods.
In the case of a contract for several goods which you have ordered within the framework of a single order and which are delivered separately, the withdrawal period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, have taken possession of the last product.
In the case of a contract for the delivery of a product in several partial consignments or pieces, the period of withdrawal shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has the last partial shipment or the last item in possession or has taken.
In the case of a contract for the regular delivery of goods over a specified period of time, the withdrawal period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has or has taken possession of the first product.
In order to exercise your right of withdrawal, you must contact us (Paulus Textile GmbH, Verlängerte Goethestraße 4, 08209 Auerbach, Tel. + 49 (0) 3744 365 212 – 0 | Fax + 49 (0) 3744 365 212 – 9) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this agreement. You can use the enclosed sample withdrawal form, but this is not mandatory.
In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you revoke this agreement, we will provide you with all the payments we have received from you, including the delivery costs (except for the additional costs arising from the fact that you provide a different type of delivery than the one offered by us, the cheapest Standard delivery), immediately and at the latest within fourteen days from the date on which the notice of cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for this redemption. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date.
You have to return the goods to (1) Paulus Textil GmbH, Verlängerte Goethestraße 4, 08209 Auerbach, and in any case no later than within fourteen days from the date on which you inform us about the withdrawal of this contract, or hand it over to us at this address. The time limit is maintained if you send or hand over the goods before the expiry of the period of fourteen days. We bear the cost of returning the goods.
They only have to pay for any loss of value of the goods if this loss of value is due to a handling of them which is not necessary for the examination of the nature, properties and functioning of the goods.
End of the cancellation notice
1.(3) Right of withdrawal for services:
Cancellation
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of the contract.
To exercise your right of withdrawal, you must (Paulus Textil GmbH, Verlängerte Goethestraße 4, 08209 Auerbach TEL +49 (0) 3744 365 212 - 0, FAX +49 (0) 3744 365 212 - 9) by means of a clear statement (e.g. A letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached withdrawal form, which is not required.
In order to remain applicable for cancellation, you are required to send the right of withdrawal notification before the expiration of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
If you have requested that the services be commenced during the cancellation period, you must pay us a reasonable amount equal to the proportion of services already provided by the date on which you inform us of the exercise of the right of withdrawal in respect of this contract compared to the total volume of services provided for in the contract.
End of revocation
1.(4) Sample Withdrawal Form
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
to the
Paulus Textil GmbH,
Verlängerte Goethestraße 4
08209 Auerbach
Revocation
Hereby I/We (*) Cancel the contract (*) concluded by me/US (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received AM (*): __________________________________
Name of the consumer (s): __________________________________
Address of the consumer (s): __________________________________
__________________________________
Signature of the consumer (s)
(On paper only)
Date: __________________________________
(*) Delete the incorrect.
1.(5) The right of withdrawal does not exist for the following contracts:
– Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
– Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their sealing has been removed after delivery,
– Contracts for the supply of goods, if they are inseparably mixed with other goods after delivery due to their nature,
– Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
– Contracts for the supply of newspapers, magazines or magazines with the exception of subscription contracts,
– Contracts in which the consumer has expressly requested the trader to seek him in order to carry out urgent repair or maintenance work; This shall not apply to any further services provided by the consumer, which have not been expressly requested by the customer, or in respect of goods delivered during the visit which are not necessarily to be used as spare parts in the maintenance or repair Required.
1.(6) In case of a revocation of the entire order the customer will be fully reimbursed for the shipping fee. In the case of revocation of part of an order, the flat shipping fee is only refunded if the revoked goods actually have no shipping costs. The customer will be shown at the time of the order on which goods shipping costs are incurred. Shipping costs are not reimbursed in so far as they have been incurred by the customer in addition, because he has opted for a different type of delivery than the cheapest standard delivery offered by Paulus Textil.
1.(7) In addition to the rights specified in this section, the customer has the possibility to declare and process the cancellation of an order personally at the place of business of Paulus Textil in Auerbach, within the period of revocation.
9. Complaints and Warranty
(1) For customers who are merchants, the obligation to investigate and to complain is valid within the limits of § 377 HGB. For customers who are not merchants, the obligation to investigate and complain according to § 377 abs. 1 and 3 HGB applies. In this case, the customer shall, as vicarious agents (§ 278 BGB) of Paulus Textil, present the examination of the goods and corresponding display of a discovered defect in Paul's textile. The customer is obligated to inform Paulus Textil immediately of any defects in the goods.
(2) The warranty period to entrepreneurs is one year from the date of delivery of the item. This does not apply if Paulus Textil fraudulently concealed the defect.
(3) The warranty period for the consumer's statutory claims for defects is two years and begins with the date of delivery, i.e. with the receipt of the goods by the buyer. In addition, the statutory warranty provisions apply.
(4) in the case of warranty, Paulus Textil will fulfil its own choice by eliminating the defect by rectification or by exchanging the delivered defective goods against a defect-free product. If two attempts at rectification have failed within a reasonable period of time, the customer has the right to reduce the purchase price or to withdraw from the contract. Further claims of the customer are excluded.
(5) If the supplementary performance is carried out by means of a replacement delivery, the customer is obligated to return the goods delivered first to Paulus Textil within 14 days. The shipping costs are borne by Paulus Textil. Otherwise, only if it is found that the goods are defective or the defect is not represented by Paulus Textil.
(6) Defects and damages of the goods which are caused by failure to comply with the installation, operating and operating instructions attached to the goods are excluded from the warranty, unless the customer proves that the non-compliance is not the notified deficiency.
(7) The assignment of claims for defects is excluded, unless the customer is a consumer.
10. Limitation of liability
(1) In the context of the legal provisions, Paulus Textil shall be liable for any damages arising from injury to life, body or health, which are due to intentional or negligent breach of duty or otherwise to intentional or negligent behavior of Paulus Textil or one of its legal representatives or vicarious agents; Due to the absence or failure of a warranted property or failure to comply with a guarantee; are based on intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct by Paulus Textil or one of its legal representatives or vicarious agents.
(2) Paulus Textil is liable under limitation for compensation of the foreseeable damage typical of the contract for such damages, which is due to a slight negligence of essential obligations by Paulus Textil or one of its legal representatives or vicarious agents. Essential duties are obligations, the fulfilment of which allows the proper implementation of the contract in the first place and on whose adherence the customer may trust.
(3) The above provisions also apply mutatis mutandis to the liability of Paulus Textil with regard to the replacement of futile expenses. Another liability of Paulus Textil, in particular for damages due to improper use of the goods or for damages due to cases of force majeure, is excluded.
(4) The liability according to the Product Liability Act (ProdHaftG) as well as for malice is not affected.
11. Data protection
(1) The customer's personal data required for the execution and processing of the order shall be collected and processed in accordance with the legal regulations. The customer's consent is required for data that is also collected.
(2) If data protection consent is explained by the customer, it is pointed out that these can be revoked at any time with effect for the future at Paulus Textil. Furthermore, we refer to our data protection instructions on this website.
12. Changes
(1) Changes to these terms and conditions shall be communicated to the customer in writing, by fax or by e-mail in the case of current contractual relationships. If the customer does not object to the changes within six weeks after receipt of the notification, the changes shall be deemed agreed. The customer shall be informed of the right of objection and the legal consequences of silence in the event of changes to the terms of use.
(2) In the event of an opposition, Paulus Textil has the right to terminate and terminate the contractual relationship at the time of the planned entry into force of the amendments.
3. EU regulation on online dispute resolution
(1) As from 15 February 2016, the EU Commission will provide a platform for out-of-court dispute resolution.
(2) Consumers will be able to resolve disputes in connection with their online order first without the involvement of a court. The dispute resolution schemes platform is reachable under the external link ec.europa.eu/consumers/odr/.
14. Final provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the validity of the UN purchase right.
(2) If the purchaser is a businessman, a legal person of public law or a public-law special Fund, the seat of Paulus Textil shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) Should the provisions of these general terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
status: 12.02.2016 | Paulus Textil GmbH, Verlängerte Goethestraße 4, 08209 Auerbach