Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

General/Scope
1.1 Our terms and conditions of sale apply exclusively; we do not recognize any terms and conditions of the buyer that conflict with or deviate from our terms and conditions of sale unless we have expressly agreed to their validity in writing. Our terms and conditions of sale also apply if we carry out the delivery to the buyer without reservation despite being aware of terms and conditions of the buyer that conflict with or deviate from our terms and conditions of sale.
1.2 Agreements between us and the buyer are only binding if they have been confirmed by us in writing. In the case of framework agreements, individual call-offs are exempt from the requirement of written form.
1.3 Our terms and conditions of sale also apply to all future transactions with the buyer.
1.4 Our terms and conditions of sale only apply to merchants within the meaning of Section 310 Paragraph 1 of the German Civil Code (BGB).

Conclusion of contract, offer documents
2.1 An order is only considered accepted when confirmed by us in writing.
2.2 The sending of offers, price lists, circulars, or general quotations shall not be considered binding offers within the meaning of Section 145 of the German Civil Code (BGB). 2.3
We reserve ownership and copyright to cost estimates, drafts, drawings, and other documents; they may not be made accessible to third parties.

Prices/Payment Terms
3.1 Unless otherwise stated in the order confirmation, our prices are ex works.
3.2 We reserve the right to increase our prices accordingly if costs increase after the conclusion of the contract, particularly due to collective bargaining agreements or increases in material prices. We will provide evidence of these to the buyer upon request.
3.3 The purchase price is due net, postage and expenses free, 50% upon the order date and 50% upon delivery. If the buyer defaults on payment, we are entitled to demand default interest at a rate of 8 percentage points above the applicable base interest rate. If we are able to prove higher damages caused by the delay, we are entitled to claim these.
3.4 No interest will be paid on advance or partial payments.
3.5 The buyer is only entitled to offsetting if his counterclaims have been legally established, are undisputed, or have been recognized by us. The buyer is also not entitled to a right of retention due to disputed counterclaims.
3.6 We do not accept bills of exchange. Checks are only accepted as payment. Any expenses and other fees incurred in this regard shall be borne by the buyer.

Delivery/Delivery Time
4.1 Domestic and international deliveries are made according to the information on the respective order confirmation, but generally ex works. The risk is transferred to the buyer ex works.
4.2 If we are in default for reasons for which we are responsible, liability for damages is excluded in the event of ordinary negligence.
In particular, we are not responsible for cases of force majeure; these release us from the obligation to deliver or perform on time and also give us the right to suspend our delivery without granting a grace period.
4.3 If the buyer sets us a reasonable grace period with a threat of rejection after we have already fallen into default, the buyer is entitled to withdraw from the contract after this grace period has expired without result. The buyer is only entitled to claims for damages due to non-performance in the amount of the foreseeable damage
if the delay was due to intent or gross negligence; otherwise, liability for damages is limited to 25% of the incurred damage.
4.4 Partial deliveries are permissible.
4.5 Compliance with our delivery obligation requires the timely and proper fulfillment of the buyer's obligations.
4.6 If the customer's financial situation deteriorates, giving rise to doubts about their ability to pay, we are entitled to immediately suspend deliveries and services and set a deadline for the buyer to make (advance) payment or provide security. After the expiration of this deadline, we are entitled to withdraw from the contract.

Warranty for Defects
5.1 The buyer's warranty rights presuppose that the buyer has properly fulfilled its obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
5.2 If the delivered goods exhibit defects subject to warranty, we are entitled, at our discretion, to remedy the defect or provide a replacement.
If we seriously and definitively refuse to fulfill the contract, or if remedy of the defect or replacement delivery fails, the buyer may withdraw from the contract or reduce the purchase price in accordance with the statutory provisions.
5.3 Unless otherwise stated below, further claims by the buyer, regardless of the legal grounds, are excluded. We are therefore not liable for damages that did not occur on the delivered item itself; in particular, we are not liable for lost profits or other financial losses of the buyer.
5.4 The above exclusion of liability does not apply if the cause of the damage was based on intent or gross negligence. Furthermore, it does not apply if we have provided a guarantee for a particular quality of the goods or any other guarantee.
5.5 In the event of a slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable damage typical for the contract.
5.6 The warranty period is one year from the transfer of risk.

Total Liability
6.1 Any liability for damages beyond that provided for in Section 5 is excluded, regardless of the legal nature of the asserted claim.
6.2 This provision does not apply to claims under the Product Liability Act. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, representatives, and vicarious agents.

Retention of Title
7.1 We retain title to the delivered goods until all payments arising from the business relationship with the buyer have been received. In the event of breach of contract by the buyer, particularly in the event of late payment, we are entitled to take back the goods and withdraw from the contract immediately. After taking back the goods, we are entitled to dispose of them; the proceeds from such disposal are to be credited to the buyer's liabilities, less reasonable disposal costs.
7.2 The buyer is obligated to treat the goods with care, in particular to observe the relevant DIN standards.
7.3 Any processing or transformation of the goods by the buyer is always carried out for us. If they are processed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of our goods to the other processed items at the time of processing. The same applies to the item created through processing as to goods delivered subject to retention of title. If the goods are
inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods to the other mixed
items at the time of mixing. If the mixing occurs in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportionate co-ownership to us.
7.4 The buyer is entitled to resell the goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount that arise from the resale to his customers or third parties, regardless of whether the goods were resold without or after processing. The buyer remains authorized to collect this claim even after the assignment. Our authority
to collect the claim ourselves remains unaffected. Should we exercise this authority, we can demand that the buyer provide us with all information necessary for collection, hand over the relevant documents, and notify the debtors/third parties of the assignment.
7.5 In the event of seizures or other interventions by third parties, the Buyer must notify us immediately in writing.

Transfer of risk
8. Unless otherwise stated in the order confirmation, delivery is agreed “ex works”.

Place of Jurisdiction and Place of Performance/Applicable Law
9. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Should one or more provisions of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The place of jurisdiction for all claims arising from this business relationship is Lörrach.

 

_______________________________

 

Terms and Conditions Laundry & Restoration

 

Complete removal of stains/run marks cannot be guaranteed. 

The specialist oriental carpet care companies we commission carry out all work to the best of their ability and with the utmost care. The goal is to completely remove any dirt or damage, so that it is, if possible, no longer visible after treatment. However, this cannot always be guaranteed, as is the case with stubborn stains that may not be able to be removed without risking the material. Other considerations include the imponderables of handcrafting, with its diverse knotting techniques, the use of a wide variety of carpet materials and colors, and the age of a hand-knotted or hand-woven carpet. Should traces of dirt or damage remain visible, it can generally be assumed that further treatment is unfortunately not possible without the risk of possible material damage. The client is still responsible for paying for the work performed. 

 

Defects and damage to delivered restoration/repair goods

We accept no responsibility for damage that is due to or caused by the condition of the delivered goods and that cannot be detected in advance by an expert inspection of the goods, such as insufficient strength of the fabric, rotten, brittle areas, lack of authenticity and abrasion resistance of the colors and the resulting bleeding of the colors and discoloration, previous improper treatment, foreign bodies supplied with the goods such as moths etc., stains that only become apparent upon complaint, such as urine etc., twisting (tilting) of the pile, shrinkage, as well as other hidden defects that only become visible during treatment. 

resignation

If, despite a professional preliminary inspection, it becomes apparent during processing that the order is or will become unfeasible, we reserve the right to withdraw from the contract at any time. However, the client may agree to a possible modification of the contract. Upon withdrawal from the contract, the client is only entitled to the free return of the goods in their current condition. The client will then pay for the work performed up to that point. 

 

return

The carpets will only be returned upon presentation of this order and payment in full in cash. The client must collect the restoration laundry within three months of notification. After that, storage costs will apply to the client. The goods will be stored at their own expense and risk. If the goods are not collected within twelve months of delivery, we reserve the right to dispose of them privately unless the client notifies us at least 10 days before the disposal. The claim to any proceeds from the disposal remains unaffected, provided these exceed the laundry or restoration costs plus storage and incidental costs. 

Complaints / Defects 

Obvious defects must be reported immediately, but no later than 7 days after return, with presentation of the receipt. 

 

Liability

Should we be found liable, regardless of the legal basis, only monetary compensation can be claimed. We are liable up to the current value of the items being cleaned, but up to a maximum of €500.00. Unless the client exercises the option of agreeing to a higher liability amount, up to the current value of the items, in the form of additional insurance in the contract. The premium for this is 2% of the current value of the items to be insured. 

 

Intent and gross negligence

To the extent that intent or gross negligence is proven, the client's rights remain unaffected by the above conditions. The same applies to individual written agreements countersigned by both parties.