General Terms and Conditions and Customer Information I. General Terms and Conditions § 1 Basic Provisions (1) The following terms and conditions apply to contracts that you conclude with us as the provider (The Carpet GmbH) via the website www.thecarpet.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded. (2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. § 2 Conclusion of the Contract a) If we list an item on eBay, the activation of the offer page on eBay constitutes a binding offer to conclude a purchase contract subject to the conditions stated on the item page. b) The eBay Terms and Conditions apply to the conclusion of the contract, in particular Section 6. Depending on the offer format, the conclusion of the contract is regulated as follows: Section 6 Offer Formats and Conclusion of Contract (...) 2. If a seller lists an item using the eBay services in auction or fixed-price format, they make a binding offer to conclude a contract for this item. They specify a starting or fixed price and a deadline within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached. 3. The seller can also provide offers in the auction format with a Buy It Now function. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. eBay reserves the right to change this function in the future. (...) 4. For fixed-price items, the buyer accepts the offer by clicking the Buy It Now button and then confirming. For fixed-price items where the seller has selected the immediate payment option, the buyer accepts the offer by clicking the Buy Now button and completing the immediately following payment process. The buyer can also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the immediately following payment process. 5. In auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the suspensive condition that the buyer is the highest bidder after the end of the offer period. A bid expires if another buyer submits a higher bid during the offer period. (...) 6. If the seller terminates the offer prematurely, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids. 7. Buyers may only withdraw bids if there is a legitimate reason to do so. After a legitimate bid withdrawal, no contract is concluded between the user, who, due to the withdrawal, becomes the highest bidder again after the end of the auction, and the seller. 8. In certain categories, the seller can add a price suggestion function to their listing. The price suggestion function allows buyers and sellers to negotiate the price for an item. (...) 11. If an item is deleted from eBay before the end of the offer period, no valid contract is concluded between buyer and seller. c) Purchase via the Buy It Now or Bid function. Clicking the Buy It Now or Bid buttons on the item pages does not result in a binding contractual declaration. Rather, you still have the option of reviewing your entries and correcting them using the internet browser s Back button, or canceling the purchase. This option is no longer available until you submit a binding contractual declaration. The eBay menu navigation when completing a purchase indicates which declaration binds you and which action concludes the contract. d) Purchase via the shopping cart (if offered) By clicking the Add to cart button on the item pages, the goods intended for purchase are placed in the shopping cart. The shopping cart is then displayed. You can also access the shopping cart using the corresponding button in the navigation bar and make changes there at any time.
After accessing the Continue to purchase page and selecting or entering the delivery address and payment method, all order details will be displayed again on the order overview page. If you select PayPal as your payment method, you will first be taken to a PayPal login window. After successfully logging in to PayPal, you will be redirected to the order overview page on eBay. Before submitting the order, you have the opportunity to review all details again, change them (also using the back function of the internet browser), or cancel the purchase. By clicking the Buy and pay button, you declare your legally binding acceptance of the offer, whereby the purchase contract is concluded. e) Purchase via the Price Suggestion function (if offered) With the Price Suggestion function, you have the option of submitting a counteroffer by clicking the Send Price Suggestion button on the item page, entering your price suggestion on the following page, selecting the Review Price Suggestion button, and confirming the Send Price Suggestion button on the subsequent page (binding offer). You are bound to this price suggestion for two days. The contract is concluded when we accept your price suggestion. f) We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser s print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email. § 3 Right of Retention, Retention of Title (1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. § 4 Warranty (1) The statutory liability for defects applies. (2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the freight forwarder of any complaints as quickly as possible. Failure to do so will have no effect on your statutory warranty claims. (3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed upon if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed upon between the contracting parties. § 5 Choice of law, place of performance, place of jurisdiction (1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle). (2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring an action before a court at another legal place of jurisdiction remains unaffected. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. II. Customer Information 1. Identity of the Seller The Carpet GmbH Junkersring 49 53844 Troisdorf Germany Telephone: +49224125227-717 Email: info@thecarpet.com
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https: ec.europa.eu/odr (https: ec.europa.eu/odr). 2. Information on the conclusion of the contract The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are subject to the Conclusion of the contract provisions of our General Terms and Conditions (Part I). 3. Contract language, storage of the contract text 3.1. The contract language is German. 3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser s print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email. 4. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer. 5. Prices and payment methods 5.1. The prices and shipping costs stated in the respective offers represent total prices. They contain all price components including all applicable taxes. 5.2. The 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 shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised. 5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer. 5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately. 6. Delivery conditions 6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. 6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment. 7. Statutory liability for defects. Liability for defects is governed by the Warranty provision in our General Terms and Conditions (Part I). These General Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https: www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https: www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service). Last updated: January 1, 2022
