Terms of Service

Terms of Service

contents

1. Scope

2. Conclusion of contract

3. Right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Notes

7. Retention of title

8. Liability for defects (warranty)

9. Applicable law

10. Alternative Dispute Resolution

11. Disclaimer

12. Information about privacy

1) Scope

These General Terms and Conditions of the Dr. THIEL GmbH, apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "customer") with the seller with regard to the goods and services presented by the seller in his shop (whether online or offline). Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

2) Conclusion of the contract

2.1

The presentation of the products in the online shop only includes an invitation to the customer to submit a contract offer. The customer can put selected products into the virtual shopping cart and after completing the electronic order process by clicking on the final "Buy" button, he submits a legally binding offer acc. § 145 BGB, in relation to the goods and products in the shopping cart. The customer initially receives only a confirmation of the receipt of the order. The contract is concluded when the offer of the customer within 5 working days after sending the order in writing or in text form is accepted. In addition, the customer can submit an offer by fax or e-mail to the seller. 

2.2.

The seller can accept the offer of the customer within 5 days,

- By sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation at the customer is authoritative

or

- By delivering the ordered goods to the customer, in which respect the access of the goods to the customer is decisive

or

- by asking the customer for payment after submitting his order.

If more than one of the aforementioned alternatives exists, the contract will be concluded at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins to run on the day after the sending of the offer by the customer and ends with the expiry of the 5th day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.3.

When submitting an offer via the seller's online order form, the contract text will be stored by the seller after conclusion of the contract and sent to the customer in writing (for example by e-mail, fax or letter) after the order has been sent. Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the online shop of the seller before sending his order, the order data will be archived on the website of the seller and can be retrieved by the customer via his password-protected user account, stating the corresponding login data free of charge.

2.4.

Before placing the order on the seller's online order form, the customer can identify possible typing errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 

2.5.

For the conclusion of the contract, only the German language is available.

2.6.

The order processing and contacting take place usually by email and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the emails sent by the seller can be received. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) Right of withdrawal

3.1.

Consumers are in principle entitled to the statutory right of withdrawal for contracts concluded outside of business premises or by means of distance communication.

3.2.

The right of revocation does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded.

3.3.

Further information on the right of revocation result from the cancellation policy of the seller.

Right of withdrawal

Withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must contact us

Dr. THIEL GmbH

Florian-Geyer-Strasse 1

99510 Apolda

Fax: 0049 (0) 3644/516616

Email: info@dr-thiel.net

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within 14 days from the date on which the notification of your revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

End of revocation 

withdrawal form

If you want to revoke the contract, please fill out this form and send it back. To Dr. THIEL GmbH, Florian-Geyer-Strasse 1, 99510 Apolda - +49 3644/516616 - info@dr-thiel.net.

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):

_________________________________________________________________________________________________________________________________________________________________________________________________________

Ordered on (*) / received on (*): ___________________________________________________________________                     

Name of the consumer (s): ___________________________________________________________________

Address of the consumer (s):

___________________________________________________________________

Signature of the consumer (s) (only when notified on paper)

____________________________________________

Date: _________________

*) Delete as appropriate.

 Withdrawal form as PDF document: ................................... 

4) Prices and terms of payment

4.1.

The prices quoted by the seller are total prices and include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.

4.2.

In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3.

The payment option (s) will be communicated to the customer on the website of the seller.

4.4.

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

4.5.

When paying by means of a payment method offered by PayPal, payment is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the relevant PayPal Terms of Use, available at

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

5) Delivery and shipping conditions

5.1.

The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment is decisive.

5.2.

If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him had announced the performance a reasonable time previously.

5.3.

In the case of self-pickup, the seller first informs the customer by email that the goods ordered by him are ready for pickup. Upon receipt of this email, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.

6) Hints

6.1.

Where do the dimensional tolerances come from?

Textiles have much higher permitted deviations than products made of metal or wood. This is partly due to the properties of the fibers used. In particular, cotton can absorb and release a great deal of water and humidity as a natural fiber. This is always accompanied by a change in length of the fiber and thus of the entire textile. On the other hand, textiles are more or less elastic depending on their construction (weave).

Every machine and, above all, every human being is subject to varying degrees of tension. This also leads to different results.

The finishing of the textiles is still done manually. Manual work always leads to higher tolerances than work of machines. Depending on the seam pattern and sewing machine, further tolerances result.

6.2.

Dimensional tolerances to be expected:

Oblique warping                 ± 1.5% of the fabric width

Length deviation                  ± 3%

Inlet deviation                      ± 3%

Dimensional deviations for textiles in ready-made condition:            ± 1.5%

Basically, our products are calculated with these tolerances. We also carry tissue, which can be manufactured to the nearest centimeter. If you want a centimeter-accurate production, please contact us, we will gladly make you an offer.

7) Retention of title

7.1.

If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed.

7.2.

With respect to entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.

7.3.

If the customer acts as an entrepreneur, the reserved goods are entitled to resell in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer complies with his payment obligations to the seller, does not default on payment and has not filed for insolvency proceedings.

8) Liability for defects (warranty)

8.1.

If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2.

The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

9) Applicable law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10) Alternative Dispute Resolution

10.1.

The EU Commission provides a platform for online dispute resolution on the Internet at the following link:

https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2.

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

11) Disclaimer

The Dr. THIEL GmbH is not liable for damages that are not based on injuries to life, limb or health or that the seller is not responsible for intent or gross negligence, unless there is a guarantee promise or there is a mandatory liability the product liability law.

12) Privacy Policy

12.1.

Personal data will only be collected if you provide them to us for contract processing or when registering for our email newsletter. The personal data given on this occasion will be used for the execution of the contract as well as for the processing of your inquiries.

12.2.

We pass on your data as part of the contract to the transport company commissioned with the delivery, as far as this is necessary for the delivery of the goods. 

12.3.

When paying via PayPal, credit card via PayPal, direct debit via PayPal or if offered - "Purchase on account" via PayPal, we will transfer your payment data in the course of the payment to the PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L 2449 Luxembourg (hereinafter "PayPal"), continue. PayPal reserves itself for the payment methods credit card via PayPal, direct debit via PayPal or if offered - "purchase on account" via PayPal the execution of a credit check. The result of the credit check on the statistical probability of default is used by PayPal for the purpose of deciding on the provision of the respective payment method. The credit information can contain probability values ​​(so-called score values). Insofar as score values ​​are included in the results of the credit rating, they are based on a scientifically recognized mathematical-statistical procedure. In the calculation of the score values, inter alia, address data is incorporated. For further data protection information, among other things to the used credit reference agencies, please refer to the privacy policy of PayPal.

1.

After completion of the contract, your data will be stored with regard to tax and commercial storage periods, but blocked for other uses and deleted after these deadlines, unless you have explicitly consented to the further use of your data.

2.

Information rights

You have a right to free information about your data stored by us and, if necessary, a right to correction, blocking or deletion of this data. If you have questions about the collection, processing or use of your personal data, you can contact us free of charge. Our contact address can be found in our imprint.