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Conditions

Right of cancellation

 

§ 1 Scope and provider

Our general terms and conditions apply exclusively to your orders that you have placed in our online shop.

Provider 

LOOMIQUE

Judith Daumann

Gieselerstr. 22

10713 Berlin

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  • Only persons who have reached the age of 18 are entitled to purchase.

  • Offers, services and deliveries are made exclusively on the basis of our General Terms and Conditions. Our general terms and conditions apply to all private buyers, as well as to all commercial buyers and beyond the initial purchase also for future purchases, even if no express repeated agreement is laid down.

  • The language for all agreements is German.

  • The currently valid General Terms and Conditions can be found on our website and will be sent via email with the order.
     

§ 2 Conclusion of contract

  • Our offer in our online shop is non-binding and does not yet constitute a purchase contract. It is exclusively an offer for the purpose of a purchase request to order our goods offered in the online shop.

  • Only by confirming "Order now" on the active button of the same name do you agree to a binding purchase offer (see § 145 BGB). Before you do this, we will give you the opportunity to see your order again in an overview and, if necessary, to correct it again. Your final confirmation triggers your binding order.

  • After receipt of your order, you will receive an automatically generated confirmation of receipt from us by e-mail. The confirmation of receipt is not yet a confirmation of your purchase in our online shop. At this point, no binding contract is formed.

  • As soon as you receive an express order confirmation from us, or the goods are sent to you demonstrably after receipt of the advance payment (regardless of the payment source), a purchase contract is concluded. The condition for the acceptance of your order is always the receipt of payment in advance.
     

§ 3 Price information / shipping costs

  • The prices for our products stated on the relevant page include the current statutory value-added tax. Shipping costs are not included and not listed here. All  price components are itemized in the invoice.

  • The shipping costs are not listed on the respective product page. Shipping within German is free. Shipping costs within the EU and outside the EU are calculated separately. More information can be found on the website under the "Shipping and Returns" link.
     

§ 4 Terms of Payment / Default of Payment

  • Payment is always made in advance, usually via credit card or Paypal.

  • We reserve the right to select the payment methods offered. An objection to this is not permitted.

  • For payment in advance without exception, you will find the bank details or the address to be used for PayPal on our website or at the end of your order. When you receive an order confirmation, you will also find the relevant information there.

  • The full invoice amount must be paid by the buyer within 8 days of receipt of the order confirmation. There are no further costs on our part that are not specified on our order confirmation. We have no influence on any taxes for shipping abroad. Customs clearance is carried out by the relevant carrier or directly by the customs authorities of the relevant country.

  • When paying by credit card, an authorization is first issued, which means that the invoice amount for your order is initially secured by a reservation from the bank. Your credit card account is actually debited with a time lag and varies depending on the bank.

If the payment is settled using the PayPal payment method, the buyer will be redirected to the PayPal website. You must be registered with Paypal to be able to use the payment function. The terms and conditions of Paypal apply here, over which we have no influence. As a rule, confirmed payments via Paypal are carried out immediately.

In the event of a delay in payment, we are entitled to withdraw from the contract and other liabilities. In this case, there will be no shipping and we are not required to give notice of cancellation. As described above, timely and fully settled prepayment is the condition for shipping.
 

§ 5 Right of retention

  • If the obligor has a due claim against the obligee from the same legal relationship on which his obligation is based, he can, unless something else arises from the obligatory relationship, subsequently demand the performance owed until the performance due to him has been effected. A right of retention can only be exercised if the claim is based on the same contract.

  • The creditor has the right to withhold the goods if the debtor fails to comply with the terms of payment specified in the terms of the contract.
     

§ 6 Delivery / retention of title

  • Delivery is always made to the address you specify, provided this is not outside the shipping area (see shipping information on the purchase portal).

  • We are only exceptionally not obliged to deliver the ordered goods if we are not responsible for the availability of the goods and have informed the customer of this circumstance immediately. If the goods are not available, the customer is entitled to withdraw from the contract and the amount paid in advance will be refunded immediately. The customer has no right to purchase the ordered and possibly unavailable goods. We undertake exclusively to deliver from our existing inventory and, in individual cases, to other production and delivery times that we have promised. In this case, the written form and written consent of the customer and the provider is required.

  • The goods remain our property until the purchase price including shipping costs has been paid in full (see also §5 right of retention).

  • The sale on our online sales portal is made exclusively to private individuals and not to companies or entrepreneurs within the meaning of Section 14 of the German Civil Code.
     

§ 7 Cancellation policy / right of cancellation

Private persons within the meaning of § 13 BGB also called consumers, i.e. persons who cannot be attributed for the purpose of their self-employed or commercial professional activity and who make an online purchase, have a right of withdrawal according to the following provisions:

You have the right to withdraw from this contract within 14 days of receipt of the goods without giving any reason. Receipt of the goods means that you or a third party designated by you, who is not the carrier, has received and therefore taken possession of the goods. It is not enough to refuse the goods to the carrier. The revocation must be filled out in writing on the revocation form sent to you, taking into account all the required written information and sent back with the goods. To meet the cancellation deadline, it is sufficient to send the cancellation form back with the goods within the cancellation period. If the deadline falls on a Sunday or public holiday, the following day counts. In order to avoid the dispute of return in case of loss of a return, please send the return shipment by registered post with acknowledgment of receipt. A simple posting receipt will only be accepted if it shows the name of the recipient and the contents of the goods. The cost of returning the goods is always borne by the consumer or buyer.

Goods that show signs of use and/or *damage are excluded from the right of withdrawal. Goods that are damaged due to insufficient return packaging are also excluded from the right of withdrawal or are affected by the right to compensation. Goods that were specially manufactured for the consumer, i.e. made-to-measure products and/or custom-made products, are also excluded from the right of withdrawal.

Attention * Compensation: If you have damaged the goods or lost their value in any other way, the dealer can demand compensation if he informed you of your right of cancellation before the contract was concluded.

Obligation to report damage: If goods were damaged when they were sent to you, you must report this to us in writing immediately, otherwise your right of cancellation will expire.

The consequences of the revocation:

 Within 14 days of receipt of your cancellation, receipt of the goods and examination of the integrity of the goods, or after examination of the actual return of the goods, you will receive your purchase price plus the delivery costs of the shipping method chosen by us. Shipping costs that you have chosen outside of the cheapest standard shipping offered by us will not be reimbursed. In this case, only the price of the cheapest standard shipping will be reimbursed, in the same amount as offered by us at the time of purchase. The refund will be made via Paypal or to a bank account of which you are the owner and have given us the appropriate IBAN information on the cancellation form.
 

§ 8 Warranty / Liability

Warranty claims are excluded unless the information on the product provided by the provider deviates. Pictures are not product information. There is no warranty claim for unevenness in the woven structure, as these are handmade products. Deviations in quantity of your order must be reported to the sender in writing immediately after receipt of the goods. In the event of late notification of quantity deviations, the warranty is void. In the event of clear material defects, we will replace the item with an equivalent product after notification, as described above. If this is no longer available and the customer cannot be satisfied with another product, the sender can withdraw from the contract and receive a refund of the purchase price.

We have unlimited liability for intent and gross negligence in accordance with the Product Liability Act (ProdHaftG) as last amended on 07/17/2017.

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§ 9 Dispute Settlement / Final Provisions

In the event of any differences of opinion, we endeavor to settle them amicably and are not obliged to take part in an out-of-court dispute settlement procedure.

The place of jurisdiction for all disputes is the registered office of the dealer. Only German law is applicable, excluding the UN sales law / the provisions of the UN convention on contracts for the international sale of goods (CISG).

Should one or more provisions of these General Terms and Conditions be ineffective or become ineffective at a later point in time, the effectiveness of the other provisions will not be affected or canceled.

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Status: Berlin, November 14, 2022

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