Terms of service

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Code of Conduct
13. Alternative Dispute Resolution
14. Made-to-measure Rugs / Individually Manufactured Rugs

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Jan Hafkesbrink, trading under "carpetz" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial activity nor to their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form, for example by email, whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the payment method "PayPal Express" is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that concludes the ordering process the Customer also issues a payment order to PayPal. In this case, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form, for example by email, after the Customer has submitted the order. The Seller does not provide any further access to the contract text. If the Customer created a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via the password-protected user account using the corresponding login details.

2.6 Before submitting the order in a binding manner via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which can be used to enlarge the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract can be concluded exclusively in the German language.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further information on the right of withdrawal, its requirements, deadlines, and consequences can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual choice or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs. This includes in particular made-to-measure rugs for which the Customer individually determines the width, length, or other product-specific characteristics.

3.4 The right of withdrawal also does not apply to rugs that, at the Customer's express request, have been provided with an individual finish that cannot be removed without leaving residue, for example stain protection.

3.5 If the Customer has a statutory right of withdrawal, the Seller provides an electronic withdrawal function on its website. Via the "Withdraw from contract" button, the Customer can submit the information required to identify the contract and declare the withdrawal electronically.

3.6 After receipt of the declaration of withdrawal, the Customer will immediately receive electronic confirmation of receipt. The provision of the electronic withdrawal function does not affect other legally permitted means of exercising the right of withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) available to the Customer are indicated in the Seller's online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.4 When paying by a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the payment method "SOFORT" is selected, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.6 If a payment method offered through the payment service "mollie" is selected, payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "mollie"). The individual payment methods offered through mollie are communicated to the Customer in the Seller's online shop. For payment processing, mollie may use other payment services for which special payment terms may apply, and the Customer may be informed of these separately. Further information on "mollie" is available online at https://www.mollie.com/de/.

4.7 If a payment method offered through the payment service "Klarna" is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the applicable Klarna terms can be found in the payment information displayed to the Customer during the ordering process.

5) Delivery and Shipping Conditions

5.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the initial shipping costs if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision regarding return shipping costs contained in the Seller's withdrawal policy applies.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment if the Customer commissioned the forwarding agent, carrier, or other person or institution to carry out the shipment and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed immediately and the consideration will be reimbursed without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- by email

6) Retention of Title

6.1 With respect to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, the Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer assigns in advance to the Seller all claims against third parties arising from such resale in the amount of the respective invoice value including VAT. This assignment applies regardless of whether the goods subject to retention of title are resold without or after processing. The Customer remains authorised to collect the claims even after assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

7) Liability for Defects (Warranty)

If the purchased item is defective, the statutory provisions on liability for defects apply. The following deviations apply:

7.1 If the Customer acts as an entrepreneur,

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery of the goods;
• for used goods, rights and claims due to defects are generally excluded;
• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following restriction applies to used goods, subject to the following clause: Claims for defects are excluded if the defect only occurs after one year has elapsed from delivery of the goods. Defects that occur within one year of delivery may be asserted within the statutory limitation period.

7.3 The limitations of liability and reductions of limitation periods set out above do not apply

• to items that have been used for a building in accordance with their customary use and have caused the building to be defective,
• to claims by the Customer for damages and reimbursement of expenses, or
• in the event that the Seller has fraudulently concealed the defect.

7.4 In addition, for entrepreneurs, the statutory limitation periods for the right of recourse under Section 445b BGB remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 HGB, the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

7.6 If the Customer acts as a consumer, the Customer is asked to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal ground

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb, or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited under the preceding clause. Essential contractual obligations are obligations imposed on the Seller by the content of the contract in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The credit balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in full or in part with the Promotional Voucher within the scope of the Customer's statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by rendering performance to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller knows or is grossly negligent in not knowing that the respective holder is not entitled, lacks legal capacity, or lacks authority to represent.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances on Gift Vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances are credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Only one Gift Voucher can be redeemed per order.

10.5 Gift Vouchers can only be used to purchase goods and not to purchase further Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

10.7 The credit balance of a Gift Voucher will neither be paid out in cash nor bear interest.

10.8 The Gift Voucher is transferable. The Seller may discharge its obligation by rendering performance to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller knows or is grossly negligent in not knowing that the respective holder is not entitled, lacks legal capacity, or lacks authority to represent.

11) Applicable Law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

12) Code of Conduct

The Seller has submitted to the conditions of participation for the e-commerce initiative "Fairness im Handel", which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14) Made-to-measure Rugs / Individually Manufactured Rugs

In our online shop, we offer the option of ordering rugs made to your desired dimensions. Please note that such individually manufactured rugs are produced according to the Customer's specifications and are therefore not subject to the statutory right of withdrawal, provided that the legal requirements for this are met.

This includes in particular rugs for which the Customer individually determines the width, length, colour, edging, material selection, or other product-specific characteristics.

We therefore recommend that you carefully check the dimensions, colour, and material selection before completing the order. To better assess the colour and material, carpet samples can be ordered in advance.

Note on dimensional tolerances

Individually manufactured rugs made to the requested dimensions may have production-related dimensional deviations of up to 1–3%. These deviations are customary in the industry, cannot be completely avoided for technical reasons, and do not constitute a defect in the goods provided they remain within this tolerance range.