Special Offers
2. Proposal and conclusion of a contract
3. Partial Deliveries
4. Return, return consequences
5. Prices and Delivery Conditions
6. Retention of Title
7. Warrantee
8. Disclaimer & Limitations of Liability
9. Legal Venue
1. Scope
The web site orientteppichgalerie.de is operated by benuta GmbH, Ellerstr. 67, 53119 Bonn, Germany.
Your use of this web site is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the orientteppichgalerie.de web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the orientteppichgalerie.de web site. Opposing or deviant terms from the ones mentioned here will not be accepted and Orient Teppich Galerie hereby explicitly dissents them.
2. Proposal and conclusion of a contract
2.1
The presentation of products in this online-shop does not describe a legally binding proposal, but an online-catalog without obligation. By entering your personal data and clicking on the "order now" button in the last step of the ordering process you place a binding order of what is in your shopping cart. A contract between you and Orient Teppich Galerie for the sale of our products will only exist once your order has been accepted, processed and despatched. This does not affect your statutory rights. In case you will not receive the order or it's confirmation within 14 days, you are no more bound to it.
2.2
We save the details of your order and send them via email together with our terms and conditions to you. Your order details can be reviewed by you in your account on our website.
2.3
In the event an item is out of stock, we would inform you immediately but not later than one week, and provide an estimate delivery time.
3. Partial Deliveries
Orient Teppich Galerie reserves the right to make partial deliveries as far as reasonable for you. Additional shipping costs will only arise if explicitely agreed.
4. Return, Return Consequences
4.1
In the unlikely event that you are not satisfied with our products, you may return them to us unused without stating the reason, within 14 days for an exchange or refund unless you are not a company, an established merchant or a public utility. The time for complaints starts at the earliest upon receipt of the products and a detailed return instruction in text form. Only cancellation of bulky orders can be notified prior to shipping by phone, fax or through our online ordering system. To keep the term a return of the goods in time is sufficient.
4.2
In case of an effective return, the received benefits on both sides should be restituted. On detereoration of the goods compensation may be demanded. This does not apply if the deterioration has resulted from verification, as it can be made in a retail shop. By the way you can avoid compensation by not treating the goods like your property and refrain from doing something that could damage them.
4.3
Returning parcels which are sent to us by COD or unstamped, will only be accepted if sent from inside Germany. The resulting extra expences compared to "regular" return shipments may be deducted from any refund.
4.4
Custom made orders and Special Orders which are not appropriate for a return due to their nature are non-returnable.
4.5
Upon receipt of the returned goods we will refund the total cost of the goods, as soon as possible, but no later than 2 working days after receiving them into our warehouse. Hereunto you have to provide us with your correct bank details, in time but not later with your return.
4.6
Returning goods is at our risk and expense for deliveries within Germany.
For deliveries outside Germany: For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us. If you prefer, we will arrange to collect the products from you, but the cost of this will be charged to you and may be deducted from any refund to you.
To return any products to us, please: We recommend that you obtain “Proof of Posting” from the post office when returning goods for cancelled orders. For your own peace of mind, you may wish to consider Recorded Delivery.
- End of Return Policy -
5. Prices and Delivery Conditions
5.1
All prices quoted on this website are accurate at the time of publication and are quoted in EURO and where appropriate are inclusive of german sales tax (VAT) at the current rate.
5.2
If the order is being despatched to a destination outside the European Community (EC) then all prices are gross for net. If the order is being sent to a member state of the EC then the selling price will include VAT at the current rate. The current rate of VAT is 16%. Any customs or import duties levied once the package reaches your destination country will be the customer's responsibility as we have no control over these charges and cannot predict them.
5.3
For deliveries inside Germany the prices already include shipment charges. COD will be additionally charged. For deliveries outside Germany shipment will be charged additional.
5.4
We will ship the items after receiving the customer's payment. We accept advance payments via PayPal, or EU bank transfer to our account. In case of foreign-transactions within EU, please take care to use IBAN and SWIFT-BIC. If incorrect transactions without IBAN and SWIFT-BIC are made, our bank will charge a transaction fee from about 3,- EUR to 18,- EUR. The shipment of the order will be delayed. By request we can arrange for a self pickup against cash disbursement.
5.5
We aim to despatch your order paid by credit card within 24 hours to be with you in about 3 - 5 working days. For orders paid by EU Bank Transfer, we would require 2-4 working days for bank clearance and would then despatch the products in the same way. In the event an item is out of stock, we would inform you immediately but not later than one week, and provide an estimate delivery time.
5.6
Upon receipt of your order the items will be reserved for you. If we do not receive the payment within one week after the contract is concluded, we reserve the right for ulterior disposal.
5.7
Our parcels are always shipped insured. If you explicitly wish to have the parcel shipped without insurance, the shipment will be made on your risk.
6. Retention of Title
The risk in the goods shall pass from Orient Teppich Galerie to you upon delivery of such goods to you. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to you until we have received in cash or cleared funds payment in full for all goods delivered to you under this and all other contracts between us and you for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between Orient Teppich Galerie and you under which the goods were delivered.
7. Warrantee
7.1
In the unlikely event of any faults in our products, we will do all we can to rectify the situation by providing replacements, or full refund according to your preference.
7.2
The warranty is not applicable for goods, which are historical collectibles sold without guarantee and declared as such.
7.3
Orient Teppich Galerie reserves the right to make the warrantee depending on prior consignment for being able to verify the complaint. In case it turns out that a defect is not discoverable or is caused by you, all warrantee rights are not covered. The item will be sent back on your expenses, unless you want the item to get repaired. All arising costs will be borne by you.
7.4
A copy of the invoice is sufficient for a proof of guarantee.
8. Disclaimer & Limitations of Liability
Orient Teppich Galerie does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its member’s agents directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither Orient Teppich Galerie nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Orient Teppich Galerie or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
"The limitations of liability in these conditions shall apply equally for the benefit of Orient Teppich Galerie Limited and any other associated company of Orient Teppich Galerie Limited as if references to Orient Teppich Galerie included references to each such associated company."
While Orient Teppich Galerie uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Orient Teppich Galerie will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Orient Teppich Galerie takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Orient Teppich Galerie will not be responsible nor liable for your use of any other websites which you may access via links within this website.
The entire liability of Orient Teppich Galerie under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Orient Teppich Galerie will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Orient Teppich Galerie may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Orient Teppich Galerie Limited.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
9. Legal Venue
9.1
The contract shall be governed exclusively by the laws of the country where the customer is resident. Application of the UN uniform law on the international sale of goods is excluded.
9.2
If the customer is a merchant, a legal person under public law or a separate fund under public law, the exclusive venue for all claims arising from the contract shall be Bonn-Germany. In all other cases applies the legal venue by reason of domicile.
State: June 2005
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