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Standard Terms and Conditions of Sale

1. General
1.1 Sales and delivery are exclusively based on these terms and conditions. Any other purchasing terms and conditions of the customer are expressly contested.

1.2 A contract is concluded by a written order confirmation following the customer's order or, at the latest, with delivery of the goods.

1.3 The product pictures in the online-shop are not a legally binding offer, but part of a non-committal online catalogue. By clicking "Send" to send off the order, the customer is sending a binding order of the goods listed in the virtual shopping cart.

2. Prices and Payment Terms

2.1 Prices as listed on the website at the time of the customer's order will be charged for the goods ordered. All prices include German MWSt (value added tax). Shipping and handling costs will be charged in addition. German MWSt will be clearly marked on the invoice.

2.2 Invoices are due and payable immediately without any deduction. Payment shall be made by bank transfer before delivery or by PayPal. Payment after delivery of the goods may be granted.

3. Delivery Time

3.1 Delivery of the goods to destinations within Germany shall be made 14 days after placement of the order and, for advance payment, after receipt of the payment, provided the goods are in stock. Delivery to destinations outside of Germany will be sent off after payment has been received; however delivery may take three or up to to six weeks, depending on distances, country to deliver to, and the shipping services employed. The customer will be notified in case of unforeseen delays. Agreements between the parties regarding earlier or later delivery are possible.

3.2 Delivery time starts with the order confirmation.

4. Delivery, Shipping, Passing of Risk

4.1 Delivery method and the company handling delivery are decided by us. Details about delivery and shipping can be found under "Shipping and Handling".

4.3 Post office boxes are not valid delivery addresses.

4.4 Delivery is at the customer's risk once the customer has accepted the package.

5. Right of Withdrawal from the Contract

5.1 The customer has a right to withdraw from the contract if the customer is a private consumer. Withdrawal must to be declared within 14 days after the order confirmation, in textform (letter or e-mail) or, if the goods were received before the end of this period, by return of the goods. It is not necessary to provide reasons for the withdrawal. The period for possible withdrawal starts upon receipt of this information, though not before the goods have been received by the customer; in the case of recurring deliveries with receipt of the first partial order, and not before information according to Artikel 246 § 2 EGBGB in connection with § 1 Abs. 1 und 2 EGBGB and fulfilled obligations § 312e Abs. 1 Satz 1 BGB in connection with Artikel 246 § 3 EGBGB. Sending off the goods inside the period is sufficient.

Withdrawal is to be sent to:

Katrin Kania, An der Lauseiche 8, 91058 Erlangen, Germany

katrin.kania@pallia.net

5.2 In case of a valid withdrawal from the contract, the goods and services received by both sides must be returned and any costs of use (e.g., interest) are to be reimbursed. If you cannot completely or partially return the services or goods received, or can only return them in a damaged condition, you must provide us compensation consistent with the extent of the damage. In returning goods, this does not apply if the degradation of the goods is exclusively due to an examination such as would occur in a retail store. You can avoid the obligation of paying compensation for damage to the goods if you do not treat the goods as your own property and do not carry out actions that diminish the value of the goods.

5.3 We assume the risk for goods returned by parcel post. You must pay the costs for the return if the delivered goods are those that were ordered, or when the price of the returned goods does not exceed €40.00. If the goods cost more than €40.00, and you have not yet made full payment or the contractual partial payment, then you assume the costs for returning the delivered goods. If the goods cannot be mailed by parcel post, they will be picked up at your location. The obligation for reimbursement of payments must be fulfilled within 14 days. This period begins when your notice of withdrawal from contract or the returned goods are sent, and for us with the reception of such notice or goods. The postage for the return must be adequate. If the price of the returned goods is more than €40.00, the postage, as well as any partial or full payments already received, will be reimbursed upon receipt of the returned goods.

5.4 A right of withdrawal from the contract does not exist for goods that are made to customer specifications, specifically customized to customer’s personal needs or for goods that, because of their nature, are not suitable for a return.

End of Right of Withdrawal text


6. Refusal of acceptance

If a Buyer refuses to accept the purchased goods (refusal of acceptance), the buyer assumes all of the associated costs, particularly storage costs.


7. Retention of Title

The goods remain our property until complete payment of all receivables has been received.

8. Buyer’s Rights in Case of Defects

8.1 Insignificant deviations in colour, dimensions and/or other quality or output aspects of the goods do not constitute grounds for a claim of defective wares. This especially applies to irregularities in the structure of natural materials and products made from them, as well as colour variations in naturally dyed fabrics, yarns and textiles.

8.2 The Buyer is protected by the standard laws concerning claims of defects contained in the German laws concerning the sale of goods

9. Compensation for Damages

The Buyer’s claim of compensation for damages is not allowed according to the liability law regarding products, unless the damages are due to wilful intent, gross negligence, violation of contractual obligations or default on the part of the Seller.

10. Miscellaneous

10.1 We reserve the right to use previously used packing material, both for reasons of cost and to protect the environment. Our previously used boxes and packing materials are already licenced in the so-called dual system (as in the packaging rules for securing the household disposal of packaging from purchased items).

10.2 We are permitted to process all data associated with the business relationship with the Buyer according to the German Federal Law for Data Protection. Further details are found under “Data Protection”.

10.3 The invalidity of individual clauses of this Terms and Conditions document does not affect the validity of the remaining clauses.

10.4 German law applies to all contracts and services. The court of jurisdiction for any legal disputes is in Erlangen.

10.5 10.4 Online Dispute Resolution according to Art. 14.1 ODR-VO: the European Commission is providing a platform for the online settlement of disputes, available at http://ec.europa.eu/consumers/odr/.