General Terms and Conditions
Scope
The following General Terms and Conditions, in the version valid at the time of the order, apply to business relations with customers placing orders through our online shop.
Customers may be either consumers or businesses. Pursuant to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. Pursuant to Section 14 BGB, a business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or independent professional activity.
Formation of the contract
The contract language is German. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. After entering your personal details and clicking the relevant button in the final step of the ordering process, you submit a binding offer to purchase the goods contained in your shopping basket. Before submitting the order, you have the opportunity to identify any input errors and to correct and/or amend them using the correction function.
Confirmation of receipt of the order is sent immediately after the order has been submitted. This automatic acknowledgement of receipt merely confirms that we have received the order and does not constitute acceptance of the order. We are entitled to accept your order within one working day of receipt by sending an order confirmation in writing or in text form (e.g. by email), in which you are requested to make payment or in which the processing of the order or the dispatch of the goods is confirmed.
If this period expires without acceptance, the offer is deemed to have been rejected and no purchase contract is concluded. The following applies by way of exception for consumer customers: if you select an online payment method or another advance-payment method during the ordering process, the contract is concluded at the time you initiate the payment.
Right of withdrawal
You have the right to withdraw from this contract within 31 days without giving any reason.
The withdrawal period is 31 days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last item.
Proprietor: Farid Sedeghi
Brook 6, DE-20457 Hamburg
Tel.: +49 40 60 77 59 08
Email: info@jakobson-carpets.com
You must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g. by letter or email). You may use the enclosed model withdrawal form for this purpose, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments received from you, including any delivery costs (except for additional costs arising from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than 30 days from the day on which we receive notification of your withdrawal from this contract.
We will make the reimbursement using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you incur any fees as a result of this reimbursement.
We will arrange for the goods to be collected. We bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Payment methods
Only the payment methods displayed during the ordering process are accepted. The available payment methods can be viewed in advance in the online shop.
Delivery
Delivery is made by sending the goods to the delivery address provided by the customer. Delivery is subject to the packaging and delivery costs displayed during the ordering process, which can be viewed in advance in the customer information.
If, despite careful planning and through no fault of our own, an item is unavailable, the customer will be informed by email and any payments already made will be reimbursed.
Retention of title
The goods delivered remain our property until the purchase price has been paid in full.
Statutory warranty (liability for defects)
Statutory warranty rights are governed by the applicable legal provisions.
Transport damage
Please report any transport damage to the carrier without delay and contact us at the same time. Our contact details can be found in the legal notice.
Failure to report the damage or contact us has no effect on your statutory warranty rights. However, by doing so you help us to assert our own claims against the carrier. If you are acting as a business, Section 377 of the German Commercial Code (HGB) applies with regard to the standard of inspection.
Passing of risk
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer upon handover of the goods, including in the case of a sale involving carriage.
In the case of businesses, the risk of accidental loss and accidental deterioration of the goods passes to the business upon handover or, in the case of a sale involving carriage, upon delivery to the forwarding agent, carrier or other person or institution designated to carry out the shipment. Handover is deemed to have taken place if the customer is in default of acceptance.
Choice of law & jurisdiction
All disputes arising from this legal relationship are governed by the law of the Federal Republic of Germany. If the customer is a consumer, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. If the customer is a business, a legal entity under public law or a special fund under public law, the court at our registered office has jurisdiction. The place of jurisdiction for our company is Hamburg.
Guarantees
Our three-year guarantee specifically covers our hand-knotted rugs. Please note that our guarantee applies exclusively to hand-knotted rugs. This guarantee does not extend to other types of rugs or products in our range.
Damage caused by negligence or improper use is also excluded, including, for example, burn marks, mildew stains, marks caused by animals, discolouration caused by food or similar influences.
Guarantee service
Following consultation with our expert, the rug will be professionally repaired or replaced with a new item.
Making a claim
To make a claim under the guarantee, we require the invoice. Please contact: info@jakobson-carpets.com or +49 40 60 77 59 08.
Certificates of authenticity
We assure you that the rug supplied is hand-knotted. For purchases worth €300 or more, the customer will receive a certificate of authenticity. This certificate confirms the authenticity of the rug and serves as evidence of the product’s hand-knotted quality.
Information on online dispute resolution
The European Commission has established an online platform for the resolution of disputes. This ODR platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales contracts. The ODR platform is available at: https://ec.europa.eu/consumers/odr.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.