Terms & Conditions

General Terms and Conditions of Sale and Supply of Fa. THE WHITE LINEN SHOP, Bernd Gnädinger, Stiegstück 4, 22339 Hamburg

1. Scope of Application

1.1 These Terms and Conditions of Sale and Supply, which you (hereinafter known as “Buyer”), acknowledge through your order, shall apply to the business relationship between the Buyer and the online shop, THE WHITE LINEN SHOP, for orders submitted via the internet page www.thewhitelinenshop.de (hereinafter also known as “Online Shop").

1.2 Buyers can be consumers or companies. Consumers are natural persons who conclude the purchase for purposes which cannot be attributed to their commercial or any self-employed occupational activity (Section 13 BGB – German Civil Code). Companies are any natural or juristic person or partnership with the capacity to acquire rights and incur liabilities related to the exercise of its commercial or self-employed activity in the conclusion of a legal transaction (Section 14 BGB).

2. Conclusion of the Contract

2.1 Offers made by THE WHITE LINEN SHOP are not binding and are subject to change without notice. A contract shall only come into existence between THE WHITE LINEN SHOP and the Buyer when THE WHITE LINEN SHOP has confirmed the order of the Buyer.

2.2 The Buyer makes a binding offer to THE WHITE LINEN SHOP when the Buyer has successfully completed the ordering process in the Online Shop by entering the information required there and has clicked on the “Send order” button in conclusion thereto. On receipt of the order, THE WHITE LINEN SHOP will send the Buyer an automatically generated acknowledgement of receipt, which does not yet represent an acceptance of the offer, but serves merely as information regarding the incoming order. A purchase contract shall only come into existence between the Buyer and WEISS IN WEISS when the goods have been shipped to the Buyer or a second e-mail concerning the confirmation of the acceptance of the Buyer’s offer has been sent.

2.3 The Buyer will be shown a summary of the content of his/her order for purposes of checking for any input errors prior to submission of the order in the Online Shop. The Buyer can correct input errors in the order by using the general “Back” function in the internet browser and/or by clicking a “Change” button in the order process.

2.4 The text of the contract is stored. After successful login, which is initiated by clicking on the “Login” button, the Buyer will have the contract text accessible to him/her until the Buyer deletes same.

2.5 Deliveries to be made by THE WHITE LINEN SHOP are subject to full and punctual delivery by THE WHITE LINEN SHOP’s sub-suppliers. If the ordered goods should no longer be available and/or only be acquirable with unreasonable expense and effort, then THE WHITE LINEN SHOP retains the right to withdraw from the contract. THE WHITE LINEN SHOP will, in this case, immediately notify the Buyer of any non-availability and refund any amounts already paid for the affected goods. Any responsibility by THE WHITE LINEN SHOP for wilful intent or negligence in accordance with the liability provisions contained in Clause 9 of these Terms and Conditions remain unaffected hereby. A right of withdrawal shall also exist if THE WHITE LINEN SHOP receives information after contract conclusion concerning objective defects in the creditworthiness of the Buyer, and if payment entitlements by THE WHITE LINEN SHOP are thereby at risk.

3. Cancellation Policy

The following shall apply only to consumers (for definition see above in Clause 1.2):

Cancellation right
The Buyer may cancel his/her contract declaration within two weeks in writing (e. g. by letter, fax or e-mail) without giving reasons for this or – if the item has been sent to the Buyer prior to this deadline – by returning the item. The cancellation period commences after receipt of this instruction in writing, but not prior to receipt of the goods by the recipient (in repeated deliveries of the same types of goods, not prior to the first part delivery) and also not prior to fulfilment of our information obligations pursuant to Section 312c para. 2 BGB in conjunction with Section 1 para. 1, 2 and 4 of the BGB-InfoV (Information Duties contained in the German Civil Code), as well as our obligations pursuant to Section 312e para. 1, sentence 1 BGB in conjunction with Section 3 of BGB-InfoV. The timely dispatch of the cancellation notice or the item shall be sufficient for meeting the cancellation time limit. The cancellation notice shall be directed to:

THE WHITE LINEN SHOP
E-mail: info@thewhitelinenshop.com

Consequences of cancellation

In the event of an effective cancellation, the performances (goods and payment) received by both parties shall be returned and, if applicable, any benefits derived (e. g. interest) shall be refunded. If the performances received cannot be refunded or returned, or can only be returned in part, or only in a deteriorated condition, the Buyer may be liable for refunding the value of the item to WEISS IN WEISS. This shall not apply in the case of surrendered items if the deterioration of the item is solely attributable to the inspection of the goods, such as would have been possible for the customer to conduct in a shop. Apart there from, the obligation to compensate for the value of any deterioration of the goods caused by the intended use can be avoided by not using the item as the Buyer’s own property and by not taking any actions which may compromise the value of the item. Items which can be shipped by parcel must be returned at our own risk. The costs of the return shipment must be borne by the Buyer if the delivered goods correspond to that ordered and if the price of the item to be returned does not exceed an amount of EUR 40.00 or if in the case of a higher price for the item the Buyer has not yet made payment at the time of cancellation or if a contractually-agreed part payment has not yet been made. In all other cases, the return shipment is free of charge for the Buyer. Items not able to be shipped by means of a parcel will be collected from the Buyer. Obligations for the refund of payments must be fulfilled within 30 days. This period commences for the Buyer with the dispatch of the cancellation notice or the item; for WEISS IN WEISS this period commences with receipt thereof.
End of cancellation policy

4. Delivery

4.1 Shipment shall be made by a transport company selected by THE WHITE LINEN SHOP to the delivery address stipulated by the Buyer at the time of order.

4.2 It is not possible for the Buyer to personally pick up the goods.

4.3 THE WHITE LINEN SHOP reserves the right to part deliveries, if this is reasonable for the Buyer with regard to the time differences in the part deliveries, quantity of the individual deliveries and material interconnection of the individual deliveries, and the Buyer is not unreasonably burdened with additional shipping costs.

5. Transfer of Risk

5.1 Risk is transferred to the Buyer when the goods are handed over to the Buyer. If delivery is delayed for reasons for which the Buyer is responsible, risk shall be transferred to the Buyer at the time when the Buyer defaults in acceptance.

5.2 If the Buyer is not a consumer (for definition see Clause 1.2 above) risk shall transfer to the Buyer already at the time of handing over the goods to the person undertaking the shipping.

6. Pricing, Payment Terms

6.1 The amounts stipulated as purchase prices shall be without exception deemed to be the end price and contain all price components including any taxes due (in particular, including VAT). In individual cases, in cross-border deliveries, taxes (e.g. in the case of purchases within the EU) and/or levies (e.g. customs duties) may become due which are payable by the Buyer in supplement.

6.2 THE WHITE LINEN SHOP shall notify the Buyer in the Online Shop which payment options are actually available.

6.3 If THE WHITE LINEN SHOP agrees with the Buyer to make payment in advance, delivery shall only occur once the agreed purchase price has been received. In this case, the Buyer shall pay the total amount at the latest fourteen days after receipt of the payment request without deduction by transfer to the bank account of THE WHITE LINEN SHOP specified in the Online Shop. Receipt of the payment shall be decisive for adhering to the deadline. If the deadline expires without payment being made the customer shall be in payment default without any further declaration.

6.4 The Buyer can only exercise a right of retention if his/her counter claim rests on the same contractual relationship.

6.5 The Buyer shall only be entitled to an offsetting right if the Buyer’s counter claims are uncontested by THE WHITE LINEN SHOP or contested by THE WHITE LINEN SHOP but legally established.

6.6 Shipping shall be at the cost of the Buyer. A schedule of shipping options and shipping costs can be found under the heading "Shipping costs". The amount of the respective shipping cost will be shown to the Buyer prior to submission of the order.

7. Guarantees

The statutory provisions apply for any claims by the Buyer against THE WHITE LINEN SHOP on account of defects. In particular, damages caused by the Buyer through his/her unsuitable actions, actions not in correspondence with the intended purpose or actions which violate the contract shall not form the basis for any entitlements of the Buyer.

8. Guarantees to Companies

8.1 If the Buyer is not a consumer (for definition see Clause 1.2 above) the following shall apply in supplement to the statutory guarantee provisions:

8.2 Any guarantee claims by the Buyer require that the Buyer immediately checks the goods after handover and immediately notifies THE WHITE LINEN SHOP of any defects in writing after handover. The Buyer must notify THE WHITE LINEN SHOP in writing of any hidden defects in the delivery immediately after their discovery.

8.3 If any entitlements accrue to the Buyer due to a defect, WEISS IN WEISS shall, at its own discretion, be entitled to remedy the defect free of charge for the Buyer or to supply defect-free replacement goods.
8.4 Guarantee claims shall expire 12 months from the time of transfer of risk. This shall not apply in the case of a Buyer’s rights to recourse pursuant to Sections 478, 479 BGB and/or if the defect in question is fraudulently concealed and/or if THE WHITE LINEN SHOP has taken over special guarantees in the form of a manufacturer’s guarantee.

8.5 The above mentioned curtailment of prescription does not apply to claims for compensation for damages for which THE WHITE LINEN SHOP is liable according to the provisions mentioned below in Clause 10.

9. Protection of Reservation of Title

9.1 THE WHITE LINEN SHOP retains title to the goods until receipt of all payments due arising from the business transaction with the Buyer. In the case of conduct by the Buyer which violates the contract, in particular but not limited to payment default, THE WHITE LINEN SHOP is entitled to repossess the goods. Repossessing the goods implies a withdrawal from the contract by THE WHITE LINEN SHOP. THE WHITE LINEN SHOP is authorised to dispose of the goods after repossessing such; proceeds realised by the disposal shall be set off against the Buyer’s liabilities, less appropriate disposal costs.

9.2 The Buyer shall immediately inform THE WHITE LINEN SHOP in writing in the case of attachments or other interventions by third parties so that THE WHITE LINEN SHOP may file complaints pursuant to Section 771 ZPO (German Code of Civil Procedure). If the third party is not in a position to refund the court and out-of-court fees of a complaint pursuant to Section 771 ZPO the Buyer shall be liable for the losses incurred by THE WHITE LINEN SHOP.

9.3 The processing or alteration of the goods by the Buyer shall always be undertaken for THE WHITE LINEN SHOP. If the goods are processed with other items not the property of THE WHITE LINEN SHOP then THE WHITE LINEN SHOP shall acquire co-ownership in the new item at the ratio of the value of the goods (final invoice amount, including VAT) to the other processed items at the time of processing. Apart from this, the same shall apply for the item created through processing as for goods delivered under reservation.

9.4 If the goods are inseparably mixed with other items not the property of THE WHITE LINEN SHOP, THE WHITE LINEN SHOP shall then acquire co-ownership in the new item at the ratio of the value of the goods (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing occurs in such a manner that the item of the Buyer is regarded as being the main item, then it shall be deemed as agreed that the Buyer transfers to THE WHITE LINEN SHOP proportionate co-ownership. The Buyer shall hold the sole ownership or co-ownership thus created in trust for THE WHITE LINEN SHOP.

9.5 The Buyer shall also assign to THE WHITE LINEN SHOP the claims for securing the claims of THE WHITE LINEN SHOP against the Buyer which arise against a third party through combination of the goods with an item of property.

9.6 THE WHITE LINEN SHOP is obligated to release the securities THE WHITE LINEN SHOP is entitled to, upon the request by the Buyer, if the realisable value of the securities held by THE WHITE LINEN SHOP exceeds the claims to be secured by more than 10%; the choice of the securities to be released is at the discretion of THE WHITE LINEN SHOP.

10. Liability

10.1 THE WHITE LINEN SHOP has unlimited liability for any damages caused by wilful intent or gross negligence by THE WHITE LINEN SHOP, its employees or vicarious agents, by fraudulent concealment of defects, by the taking over guaranteed characteristics as well as for damages caused by injury to life, body or health.

10.2 THE WHITE LINEN SHOP shall only be liable for other damages if an obligation is violated the fulfilment of which makes at all possible the proper execution of the contract and the adherence to of which the contractual party can rely on as a matter of course (cardinal obligation) and if the damages are typical and expected due to utilisation of the goods according to the contract. Any liability in accordance with the product liability law remains unaffected. Any liability arising over and above the above mentioned liability of THE WHITE LINEN SHOP is excluded.

11. Final Provisions

11.1 Any general terms and conditions of the Buyer which are contrary to, or deviate from, these General Terms and Conditions of Sale and Supply are not recognised by THE WHITE LINEN SHOP unless their validity is expressly agreed to in writing. These General Terms and Conditions of Sale and Supply shall also apply should THE WHITE LINEN SHOP have knowledge of any conditions of the Buyer which are contrary to or deviating from these Conditions of Sale and undertakes delivery to the Buyer without reservation.

11.2 If a provision of this contract should be or become invalid, the remaining provisions of this contract shall continue to be valid. The contractual parties agree to replace the invalid provision by a valid provision which corresponds closest to the economic intent of the contractual parties. The same shall apply to any gap or loophole in the contract.

11.3 The parties agree that for all disputes arising from the execution of this contract in commercial transactions, the exclusive place of jurisdiction shall be the legal seat of THE WHITE LINEN SHOP. The legal seat of THE WHITE LINEN SHOP shall also be the place of jurisdiction in transactions not of a commercial nature if the Buyer has no general place of jurisdiction domestically or relocates his/her domicile or ordinary place of residence outside of the geographical limits of the Federal Republic of Germany after contract conclusion. This shall also apply in the event that the domicile or ordinary place of residence of the Buyer is unknown at the time the suit is filed.

11.4 The business relationship and all resulting legal issues arising therefrom are exclusively subject to the law applicable in the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods.