Terms of service
- General Terms and Conditions
1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (WEICH Textil GmbH) via the website www.weich-alpaca.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we make a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart." You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, choose or enter your data as appropriate. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review, change, or cancel all the information again by using the "back" function of your web browser or by canceling the purchase.
By clicking the "Complete Order" button to submit the order, you declare legally binding acceptance of the offer, thereby concluding the contract.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, the receipt of the emails is technically ensured, and, in particular, not prevented by SPAM filters.
3 Individually Designed Goods
(1) You provide us with the necessary appropriate information, texts, or files required for the individual design of the goods by email immediately after concluding the contract. Any specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims asserted in this regard by third parties. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness and assume no liability for errors in this regard.
4 Retention of Title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
- a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, a pledge or transfer by way of security is not permitted.
- b) You may resell the goods in the ordinary course of business. For this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you do not properly meet your payment obligations.
- c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage, and to promptly notify us and the freight carrier of any complaints. Failure to do so has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following deviations from the above warranty provisions apply:
- a) In case of defects, we provide warranty through repair or replacement at our discretion. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. Rectification of defects is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. We are not obliged to bear the increased costs resulting from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- b) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- to damages attributable to us resulting from injury to life, body, or health and from willful or grossly negligent other damages;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used in accordance with their usual purpose for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
(4) Notice regarding UV-sensitive products:
Fur products in the colors Taupe, Dark Champagne, Silver Grey, Gold, Graphite Grey, and Dark Chocolate must not be exposed to direct sunlight for extended periods, as UV radiation may cause color changes. Such discoloration does not constitute a defect under statutory warranty rights. Therefore, exchanges or returns of affected items due to this type of fading are excluded.
6 Choice of Law
(1) German law applies. This choice of law only applies to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
- Customer Information
1 Identity of the Seller
WEICH Textil GmbH
Taunusstraße 59-61
55118 Mainz
Phone: +49 69 247568290
Email: support@weich-alpaca.com
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
2 Information on Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3 Contract Language, Contract Text Storage
3.1 The contract language is German.
3.2 We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After the order has been received by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3 In the case of requests for quotations outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or electronically save.
4 Essential Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
5 Prices and Payment Conditions
5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are displayed separately during the ordering process, and must be borne additionally by you, unless free delivery has been promised.
5.3 Additional taxes or costs (e.g., customs duties) may apply in the case of deliveries to non-EU countries, which are not included in our prices and must be paid directly to the relevant customs or tax authorities. Please inquire about details with the respective authorities.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees charged by banks) are to be borne by you in cases where the delivery is made to an EU member state, but the payment is initiated outside of the European Union.
5.5 The payment options available to you are shown under a corresponding button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are immediately due for payment.
6 Delivery Conditions
6.1 The delivery conditions, delivery date, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2 If you are a consumer, the statutory liability for defects applies. The risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the item is delivered, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7 Statutory Warranty Rights
The statutory warranty rights apply according to the regulations "Warranty" of our General Terms and Conditions (Part I.5)
Last updated: 26.05.2023
