Our General Terms and Conditions of Business
1) Scope of application
- a) The general terms and conditions (hereinafter referred to as “GTCs”) in the version valid at the time of the conclusion of the purchase contract shall also apply to all future purchase contracts where clear prior reference has been made to the inclusion of the GTCs, even if they have not been expressly agreed upon again.
b) Any terms and conditions that deviate from, contradict or supplement the present GTCs shall not become part of the contract, even where express reference is made thereto, unless their validity is expressly agreed.
2) Conclusion of contract
- a) The presentation of the products in the online shop bks-shop.barth-seiden.de does not represent a legally binding offer, but rather a non-binding online catalogue. By clicking the “ORDER AND PAY NOW” button you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of the order is sent as soon as the order is placed and does not constitute an acceptance of the contract. We may accept your order either by sending an order confirmation by email or by delivering the goods within two days.
b) The weights and dimensions, drawings, explanations, descriptions and illustrations contained in the product specifications are industry-standard approximate values and thus do not constitute an assurance of these properties.
c) You can read and save the contractual terms before or on the conclusion of the contract in the confirmation of the order receipt emailed by us. The corresponding GTCs can be accessed prior to and on conclusion of the contract at “General terms and conditions” and can be stored in a reproducible form. We do not store the contractual text separately after conclusion of the contract, which means you can no longer access or retrieve if following the conclusion of the contract.
d) You can correct any input errors before proceeding to the checkout after you have selected the product(s) by typing “0”(zero) in the “Quantity” field. You then need to update the shopping cart using the “Update” function. You can also correct the quantity under the “Quantity” item by executing the “Update” function after changing the number.
e) The conclusion of purchase contracts with entrepreneurs is subject to the proviso that non-performance or partial performance is permissible if we receive incorrect or improper deliveries from our suppliers. This only applies where Barth & Könenkamp Seiden GmbH & Co KG is not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with suppliers. The entrepreneur will be notified of any unavailability or partial availability of the service and the consideration paid will be refunded to the entrepreneur without undue delay.
f) Should an ordered article be unavailable, Barth & Könenkamp Seiden GmbH & Co KG reserves the right to render performance (goods or services) for consumers that is equivalent in quality and price, as long as this is reasonable for the customer and the customer agrees in text form to a substitute delivery. If no performance of equivalent quality and price can be rendered or if the customer does not agree, Barth & Könenkamp Seiden GmbH & Co KG cannot provide the promised service. In this case, the statutory provisions shall apply.
- g) Entrepreneurs should note that differences in pattern repeat and deviations in colour and texture are not grounds for complaints, insofar as these are within the scope of what is customary in the trade and are also partly determined by the hand-woven character of the silk fabrics. We therefore ask you to request swatches of the stock goods if you require exact colour matching.
- (h) Pure silk fabrics are not indanthrene-dyed. There is a risk of fading in light and sunlight. When used for decorative purposes, silk fabrics should always be lined.
- (i) International care labels
Dry cleaning recommended as a preference
- j) The standard terms and conditions of the German textile industry shall apply to transactions with entrepreneurs.
k) The place of performance for all contractual and legal claims for contracts with entrepreneurs is in all cases the registered office of Barth & Könenkamp Seiden GmbH & Co KG in Bremen.
(l) The language of contracts and communication shall be German.
3) Right of cancellation for consumers
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the most recent goods.
In order to exercise your right of cancellation, you must notify us (Barth & Könenkamp Seiden GmbH & Co KG, Parkallee 44 – 28209 Bremen Tel: +49 (0) 421 34 10 41, Fax: +49 (0) 421 / 34 29 58 and firstname.lastname@example.org) by means of a clear statement (e.g. a letter, fax or email) about your decision to cancel this contract.
You can use the attached sample cancellation form, although this is not mandatory. Link to the cancellation form.
In order to comply with the cancellation period, it is sufficient for the notification of the exercise of the right of cancellation to be sent before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the date on which we receive notice of your cancellation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse to issue the refund until we have taken receipt of the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier.
You must send back or hand over the goods to us without undue delay and in any event by no later than fourteen days of the day on which you notify us of the cancellation of this contract. The time limit shall be deemed to have been complied with if you dispatch the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to the goods being handled for a purpose that is unnecessary for checking their quality, properties and functionality.
End of the cancellation policy
Disclaimer and premature expiry of the right of cancellation
The right of cancellation does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which the consumer is required to make an individual selection or determination or that are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract but that can be supplied no earlier than 30 days following conclusion of the contract and the current value of which depends on fluctuations in the market over which the merchant has no control;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of cancellation shall expire prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if these have been inseparably mixed with other goods after delivery by reason of their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
4) Terms of delivery
- a) Delivery time up to 5 days*
* Valid for deliveries to Germany. You can find further information on this topic under Terms of shipping and payment.
The period for the delivery of the goods to you starts the day following your order and ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a state-recognised general holiday at the place of delivery, the next working day (Monday to Friday) shall be the relevant day instead.
b) All prices quoted are inclusive of the applicable statutory taxes.
c) Unless otherwise agreed, the prices stated in the quotations do not include the costs of packaging, freight, postage and insurance. The amount of these costs depends on the information provided in the specific quotation and is payable in addition to the purchase price.
d) Any discrepancies regarding transport costs shall be borne by Barth & Könenkamp Seiden GmbH & Co KG, so that the contractual partner shall only ever pay the lower transport costs in each case.
e) The choice of the mode of shipment is made at the discretion of Barth & Könenkamp Seiden GmbH & Co. KG, unless an express agreement has been made to the contrary.
f) Barth & Könenkamp Seiden GmbH & Co. KG is entitled to render partial performance, provided that the contractual partner does not suffer any significant disadvantages as a result. This is without prejudice to the rights arising under section 320 German Civil Code (BGB).
g) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item shall pass to the buyer on handover to the carrier in the case of purchases made by mail order.
5) Terms of payment
- a) The customer has a choice of the following payment methods for offers of our online shop at bks-shop.barth-seiden.de:
PayPal – Fast and easy payment with PayPal. You can also use this service to pay for your purchase with a credit card. To do so, enter your credit card as a means of payment in your PayPal account.
Credit card via PayPal Plus – Secure and convenient payment with Visa or Mastercard. We will perform the order for you after payment has been made.
Purchase on account via PayPal Plus – When paying on account, the invoice amount must be paid to PayPal within 30 days. For detailed payment information, please refer to your order confirmation and invoice.
Direct debit via PayPal Plus – Pay the purchase price quickly and securely by entering your bank details on conclusion of your order.
- b) The following terms of payment apply to offers on our website at www.barth-seiden.de:
– 4% discount within 10 days
– net within 30 days.
Cash payment on collection
You pay the purchase price in cash at our premises. When your order is received, we will notify you by email as soon as the goods you have ordered are ready for collection. The goods can be collected from the following address on receipt of this email:
Barth & Könenkamp Seiden GmbH & Co KG
Parkallee 44 / corner of Parkstraße
Varying payment terms are possible by agreement.
For further details please refer to the Terms of shipping and payment.
Barth & Könenkamp Seiden GmbH & Co KG reserves the right to exclude individual payment methods provided this is made clear in the quotation.
c) Where advance payment is made, Barth & Könenkamp Seiden GmbH & Co. KG is only obliged to deliver the goods when the customer has made full payment for the goods.
- d) If the customer is an entrepreneur, our prices are subject to changes in customs duties. – Subject to goods being unsold. – Delivery from Bremen. – The statutory value added tax is added to our prices and charged accordingly.
6) Retention of title
- a) In the case of consumers, Barth & Könenkamp Seiden GmbH & Co KG reserves the right of ownership of the sold goods until the purchase price has been paid in full.
b) In the case of entrepreneurs, Barth & Könenkamp Seiden GmbH & Co. KG shall retain title to the goods subject to retention of title until all claims from the current business relationship have been settled in full.
7) Limitation of liability
- a) The following limitations of liability do not apply to physical injury, damage to health or loss of life attributable to Barth & Könenkamp Seiden GmbH & Co KG. Consequently, the limitation period for these types of damages is not shortened. In addition, they do not affect claims by the contractual partner arising from cogent legal stipulations such as those relating to product liability.
b) Barth & Könenkamp Seiden GmbH & Co KG is not liable to entrepreneurs for minor breaches of contractual obligations caused by simple negligence.
c) In the case of breaches of duty due to simple negligence, the liability of Barth & Könenkamp Seiden GmbH & Co. KG shall be limited to the foreseeable, direct damage typical for the type of contract, provided no greater damage can be proven.
Barth & Könenkamp Seiden GmbH & Co KG shall be liable for damages caused by simple negligence as long as no principal obligation to render performance (e.g. in the case of a contract of sale: transfer of the object of sale and acquisition of title by the seller as well as payment of the purchase price and acceptance of the object of sale by the buyer) has been violated, limited to the foreseeable damages typical for the type of contract, provided no greater damage can be proven.
d) The limitations of liability also extend to attributable breaches of duty by the vicarious agents employed by Barth & Könenkamp Seiden GmbH & Co KG.
- a) The warranty period for consumer contracts under section 438 (1) (3) BGB is two years from delivery of the goods, and one year for contracts with entrepreneurs. This is without prejudice to and qualification of limitation periods for recovery from a supplier pursuant to sections 445 a, 445 b BGB as well as for claims for damages arising from physical injury, damage to health or loss of life.
b) Defects of which the contractual partner is aware at the time of the conclusion of the contract are excluded from the warranty.
c) The consumer’s statutory rights (liability for defects) shall not be limited where products are covered by a manufacturer’s warranty.
d) The presentation of the goods does not include a guarantee of quality, but is to be understood merely as a performance specification.
9) No liability for links
Barth & Könenkamp Seiden GmbH & Co KG hereby expressly distances itself from all content of linked pages or graphics and does not assume ownership of them under any circumstances. All infringements of applicable law, customs or morals of which Barth & Könenkamp Seiden GmbH & Co KG becomes aware will result in the immediate deletion of the corresponding links, graphics, posts or similar.
10) Choice of law
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not enter into the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not cancelled out by cogent provisions of the law of the state in which the consumer has his or her habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
11) Place of jurisdiction
If the contractual partner is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of Barth & Könenkamp Seiden GmbH & Co KG in Bremen. This shall also apply if the contractual partner has no general place of jurisdiction in Germany or if its place of residence or usual place of abode is unknown at the time the action is filed. In the case of contract partners whose place of business or residence is outside Germany, Barth & Könenkamp Seiden GmbH & Co KG may also choose to file a lawsuit at the residence or business location of the contract partner.
12) Note on the EU Dispute Resolution Platform
The platform for out-of-court online dispute resolution (known as the ODR platform) of the EU Commission can be found at http://ec.europa.eu/consumers/odr/
13) Note on consumer dispute resolution
Barth & Könenkamp Seiden GmbH & Co KG is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Alternative dispute resolution under Art. 14 (1) Online Dispute Resolution Regulation and section 36 German Act on Alternative Dispute Resolution in Consumer Matters (VSBG):
The European Commission provides an online dispute resolution (ODR) platform, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.