1. Scope of application
For all orders placed through our online shop by consumers and entrepreneurs, the following terms and conditions apply.
Consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a legally capable partnership who acts in the course of their commercial or independent professional activity when concluding a legal transaction.
With respect to entrepreneurs, it is stated: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby opposed; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with TexfitTrading UG.
By adding the products to the online shop, we make a binding offer for the conclusion of a contract for these products. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email once again.
3. Language of the contract, storage of the contract text
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order details and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Subject Matter of the Contract
4.1 Product description
The validity of the respective product description as an essential part of the contract is hereby noted.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following particularities. If you have any uncertainties, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight variations between the displayed and actual product colours may occur.
4.3 Right of use
The sketches, designs, preliminary products, etc. that we create in fulfilment of the contract are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the contract within the agreed contractual scope.
5. Requirements and Handling of Customer Content
5.1 Requirements
If it is necessary for the fulfilment of the order that you provide us with content (e.g. texts, data, files), the existing technical possibilities and any applicable requirements are determined by the respective product description.
You are solely responsible for the content, including the legality and accuracy of the materials you submit. We do not conduct any editorial review of the content before executing the order.
5.2 Compliance with Applicable Law
The contents and the products to be created from them must always comply with the applicable legal provisions. In particular, they must not infringe the rights and claims of third parties (especially copyright, trademark, or other protective rights) and must not contain or serve purposes that promote violence, discrimination, racism, xenophobia, or any other immoral or unconstitutional content.
5.3 Exemption
You indemnify us against claims from third parties that they may assert in connection with a violation of their rights due to our contractual use. You also assume the necessary costs of legal defence, including all court and attorney fees at statutory rates. The indemnity does not apply to the extent that the legal violation is not attributable to you. You are obliged to provide us with all information that is necessary for the examination of the claims and a defence, promptly, truthfully, and completely, in the event of a claim by third parties.
5.4 Reservation of withdrawal
We reserve the right to refuse the order or withdraw from the contract if the content you provide for this purpose violates legal or regulatory prohibitions or contravenes public morals, or if there is a justified suspicion in this regard. This particularly applies to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifying violence.
6. Delivery Conditions
6.1 Delivery area
We deliver within Germany and Benelux.
6.2 Delivery options
We will send the products to the delivery address provided during the ordering process.
We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.
We do not deliver to parcel stations.
6.3 Delivery by freight forwarder
Appointment scheduling
For freight deliveries, the freight company we have commissioned will contact you to arrange a delivery date.
Delivery location
The delivery of the goods is limited to the transport of the goods to the front door of the agreed delivery address. The delivery does not include delivery to specific rooms or the assembly and/or installation of the ordered goods, unless otherwise expressly agreed.
Cooperation of the recipient
The unloading and any necessary subsequent transport of the goods to the agreed delivery location will be carried out jointly by the freight driver and the recipient. Information on the packaging dimensions can be found in the offers.
In relation to merchants, it is stated: Contrary to the previous sentence, the recipient is responsible for the unloading and any subsequent transport of the goods to the agreed delivery location.
7. Payment
In our shop, the following payment methods are generally available to you.
Credit card
During the ordering process, you will provide your credit card details. Your card will be charged immediately after placing the order.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have the Apple Pay function enabled, authenticate with your login credentials, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information will be provided during the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have the Google Pay function activated, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. Further information will be provided during the ordering process.
Klarna
In collaboration with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available for consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with each payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 14 days after the dispatch of the goods and receipt of the invoice.
Klarna can offer additional payment options in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence over the offering of these options; any additional individually offered payment options relate to your legal relationship with Klarna. You can find more information about this in your Klarna account.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order is placed. Further information will be provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence over the offering of these methods; any additional payment methods offered individually relate to your legal relationship with PayPal. You can find more information about this in your PayPal account.
8. Right of withdrawal
You have the statutory right of withdrawal, as described in the withdrawal information.
9. Retention of Title
The product remains our property until full payment is made.
For entrepreneurs, the following applies additionally: We retain ownership of the product until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale, regardless of any connection or mixing of the reserved goods with a new item, are assigned to us in advance up to the amount of the invoice, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities due to us at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport damages
For consumers: If goods are delivered with obvious transport damage, please report such defects as soon as possible to the delivery person and contact us immediately. Failing to make a complaint or contact us will have no consequences for your statutory rights and their enforcement, particularly your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, the freight forwarder, or any other person or institution designated for the execution of the shipment.
11. Data backup
You are responsible for the proper and regular backup of your data. We are not liable for any damage resulting from data loss, provided that you could have avoided the data loss through regular and complete data backups.
The above limitation does not apply to claims for damages caused by us, our legal representatives or agents.
in the event of injury to life, body or health
in the case of intentional or grossly negligent breach of duty as well as deceit
in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on which the contracting partner may regularly rely (cardinal obligations)
as part of a warranty promise, as agreed, or
insofar as the scope of application of the Product Liability Act applies.
12. Warranty and guarantees
12.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
in the event of injury to life, body or health
in the case of intentional or grossly negligent breach of duty as well as deceit
in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on which the contracting partner may regularly rely (cardinal obligations)
as part of a warranty promise, as agreed, or
insofar as the scope of application of the Product Liability Act applies.
Restrictions vis-à-vis entrepreneurs
Vis-à-vis entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to goods that have been used for a building in accordance with their normal use and have caused its defectiveness.
The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
Note for merchants
Merchants are subject to the obligation to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to give notice as stipulated therein, the goods shall be deemed to have been approved, unless there is a defect that was not apparent during the inspection. This shall not apply if we have fraudulently concealed a defect.
12.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
13. Liability
For claims arising from damages caused by us, our legal representatives or vicarious agents, we are always fully liable.
in the event of injury to life, body or health,
in the case of intentional or grossly negligent breach of duty,
in the case of warranty promises, as agreed, or
insofar as the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on which the contractual partner can regularly rely (cardinal obligations), our liability for damages caused by slight negligence on our part, our legal representatives, or vicarious agents is limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Furthermore, claims for damages are excluded.
14. Agreement on the use of Trusted Shops Buyer Protection (Currently only valid on texfittrading.de)
You can insure orders placed with us free of charge up to an order value of 100 euros through Trusted Shops SE's buyer protection. In addition, Trusted Shops offers paid insurance in conjunction with a guarantor. The Trusted Shops buyer protection conditions apply, which you can find here. Buyer protection is activated by clicking on the corresponding button on the Trustcard, which appears as a pop-up on the order confirmation page after you have placed your order. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button. In order to offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your email address, the order number and the order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above. hier
15. Dispute resolution
We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.
If any individual clauses of these terms and conditions are wholly or partially ineffective, the remainder of the contract shall remain valid. Insofar as individual clauses are ineffective, the content of the contract shall be governed by the statutory provisions.