General Terms and Conditions and Customer Information

General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Morgenland Teppiche) via the website www.morgenland-teppiche.de.
Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.
An entrepreneur is any natural or legal person or legally recognized partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

(3) Our online shop is operated on the Shopify platform. The provider is Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Shopify provides the technical infrastructure for our online sales.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of rugs and/or the provision of repair services.

(2) The presentation of products in the Shopify online shop does not constitute a legally binding offer, but an non-binding online catalog overview.

Automated system emails (order confirmations) are not declarations of intent.

(3) The contract is concluded as follows:

• The selected rugs or services are placed in the "shopping cart".
• Via the "Checkout" button, you proceed to the ordering process.
• After entering your personal data as well as payment and shipping details, all data will be displayed on a summary page.
• Before submitting the order, you can check, change, or cancel all information.
• By clicking the "Buy Now" button or similarly named buttons, you make a legally binding offer.

(4) When choosing an instant payment method (e.g., PayPal, Klarna, Shop Pay, etc.), you may be redirected to the payment provider’s website to authorize the payment.
The payment initiation does not yet constitute acceptance of your contract offer.
Only after returning to our shop and finally submitting your order by clicking the "Buy Now" button do you make a binding offer to conclude a purchase contract.
The purchase contract is concluded – regardless of the chosen payment method – only upon our explicit acceptance via shipping confirmation.

(5) The contract is only concluded once we accept your order by sending a shipping confirmation. Until then, we may refuse the offer (e.g., in case of pricing errors).

(6) The contract processing takes place via email and partly automated. You must ensure that your provided email address is correct and able to receive emails.

(7) For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). They also handle customs clearance, invoicing, and delivery in Switzerland. This service is included in the purchase price and any shipping costs.

§ 3 Provision of Repair Services

(1) If repair services are the subject of the contract, we owe the repair work resulting from the service description. We perform these personally or via third parties to the best of our knowledge and belief.

(2) You are obliged to cooperate, in particular by describing the defect in the rug as comprehensively as possible and making the defective rug available.

(3) You bear the costs of sending the defective rug to us.

(4) Unless otherwise specified in the respective offer, the repair, including sending the rug for shipment, takes place within 5–7 days after receipt of the rug to be repaired (in case of prepayment, only after your payment instruction).

(5) If you exercise your right of termination under § 648 S. 1 BGB, we may charge a flat fee of 10% of the agreed remuneration if the execution has not yet begun. However, this only applies if you exercise your termination right after the statutory withdrawal period has expired. You may provide proof that we actually incurred no or significantly lower costs.

§ 4 Special Agreements on Offered Payment Methods

(1) We offer you the following payment methods in the Shopify shop (providers partly via Shopify Payments):

• Klarna (Invoice, Installments, Instant Transfer)
• PayPal
• Credit Card (Visa, Mastercard, Amex, Maestro)
• Shop Pay
• Prepayment
• Purchase on Invoice (via Klarna)

(2) Payment processing is partially via Shopify Payments (Stripe), Stripe Payments Europe Ltd., Ireland. Your payment data is transmitted directly to the providers. Their privacy policies apply.

(3) Klarna:
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Invoice: Payment term is 14 days from dispatch of the rug or provision of service. Full terms for countries where this payment method is available can be found here: Germany.

Instant Transfer: Available in Germany. Your account is debited immediately after placing the order.

Using payment methods like Invoice and/or Installments requires a positive credit check. For this purpose, we forward your data to Klarna for address and credit verification. Only payment methods permitted based on credit check results can be offered.

Further information and Klarna's terms of use can be found here. General information on Klarna is available here. Your personal data is processed according to Klarna’s privacy policy: Privacy Policy.

More information about Klarna can be found here.

 

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it relates to claims from the same contractual relationship.

(2) The rug remains our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies:

a) We retain ownership until full settlement of all claims from the ongoing business relationship. Before the transfer of ownership, pledging or assignment as security is not permitted.

b) You may resell the rug in the ordinary course of business. In this case, you already assign all claims arising from resale up to the invoice amount to us, and we accept this assignment. You are still authorized to collect the claim. If you fail to meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In case of combination or mixing of reserved rugs, we acquire co-ownership of the new item in proportion to the invoice value of the reserved rugs relative to other processed items at the time of processing.

d) We undertake to release securities to which we are entitled upon request, as far as the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is ours.

§ 6 Warranty

(1) Statutory defect liability rights apply.

(2) For used rugs, defect claims are excluded if the defect appears only after one year from delivery. If the defect appears within one year, claims can be asserted within the statutory limitation period of two years. The above restriction does not apply:

- for damages caused culpably by us affecting life, body, or health, or intentionally or grossly negligently caused other damages;
- if we fraudulently concealed the defect or provided a guarantee for the rug’s condition.

(3) Consumers are asked to check the rug upon delivery for completeness, obvious defects, and transport damage, and to report complaints promptly to us and the carrier. Failure to do so does not affect statutory warranty claims.

(4) If you are an entrepreneur, the following deviations apply:

a) Only our own specifications and the manufacturer's product description are considered agreed quality. Other advertising, public statements, or manufacturer statements do not apply.

b) In case of defects, we choose to remedy by repair or replacement. If the remedy fails, you may demand reduction or withdraw from the contract. Remedy is considered failed after the second unsuccessful attempt unless otherwise indicated by the type of rug or defect. Extra costs for delivery to a location other than the place of performance need not be borne if not in line with intended use.

c) Warranty period is one year from delivery. The limitation does not apply:

- for damages caused culpably affecting life, body, or health, or intentionally or grossly negligently caused other damages;
- if the defect was fraudulently concealed or guaranteed by us;
- for rugs used for construction purposes causing defects;
- for statutory recourse claims.

(5) Home Service:

Our home service is non-binding and without purchase obligation.
However, if a purchase is made on-site via home service, a return of items is excluded. Please consider this when making a purchase decision.

§ 7 Choice of Law

(1) German law applies. For consumers, this choice only applies as far as it does not remove protection guaranteed by mandatory law of the consumer’s habitual residence (principle of advantage).

(2) UN Sales Law does not apply.
 

II. Customer Information

1. Seller Identity

Morgenland Teppiche
Brook 9
20457 Hamburg
Germany
Phone: 04038632775
Email: mail@morgenland-teppiche.de

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform) at https://ec.europa.eu/odr.

2. Information on Conclusion of Contract

The technical steps for concluding the contract, the conclusion itself, and correction possibilities follow the provisions in "Conclusion of Contract" in our General Terms and Conditions (§ 2).
 

3. Contract Language, Contract Text Storage

3.1. Contract language is German.

3.2. We do not store the full contract text. Before submitting the order via the online cart system, contract data can be printed or electronically saved using the browser print function. After receipt of your order, the order data, legally required information for distance selling contracts, and the General Terms and Conditions are sent to you again via email.

3.3. For inquiries outside the online cart system, all contract data will be sent to you in text form as part of a binding offer (e.g., by email), which you can print or save electronically.

4. Codes of Conduct

4.1. We comply with the Buyer Seal quality criteria of Händlerbund Management AG and, consequently, the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential Characteristics of the Rug or Service

The essential characteristics of the rug and/or service are provided in the respective offer.
 

6. Prices and Payment Terms

6.1. The prices listed in the respective offers and shipping costs are total prices, including all price components and taxes.

6.2. Shipping costs are not included in the purchase price. They are displayed via a designated button on our website or offer and must be paid additionally, unless free shipping is promised.

6.3. Deliveries outside the EU may incur additional costs (customs, taxes, transfer fees), which you bear.

6.4. Costs for money transfer (bank transfer or currency exchange fees) are borne by you if the delivery is to an EU member state but payment originates outside the EU.

6.5. Available payment methods are displayed via a designated button on our website or offer.

6.6. Unless otherwise stated, payment claims are due immediately upon conclusion of the contract.
 

7. Delivery Conditions

7.1. Delivery conditions, delivery dates, and possible restrictions are displayed via a designated button on our website or offer.

7.2. For consumers, the risk of accidental loss or deterioration passes upon delivery, regardless of insured or uninsured shipment. This does not apply if you select a carrier other than that specified by the entrepreneur.

For entrepreneurs, delivery and shipment are at your risk.

8. Statutory Defect Liability

Defect liability is governed by the "Warranty" section in our General Terms and Conditions (Part I).
 

9. Termination

9.1. Information on contract termination and conditions can be found in "Repair Services" in our General Terms and Conditions (Part I) and in the respective offer.

These GTCs and customer information were prepared by IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

10. Vouchers and Discounts

• Vouchers are only valid for a limited time. Morgenland Teppiche reserves the right to change or cancel vouchers at any time.
• If you do not purchase the eligible items added to your cart during the voucher validity period, the discount will not be applied.
• The coupon only applies to eligible items that display the coupon offer in your coupon book and on the product detail page.
• The voucher offer is only valid once applied to the corresponding item.
• The coupon can only be redeemed on www.morgenland-teppiche.de.
• The promotion is limited to one coupon per customer.
• The promotion cannot be combined with postal discounts.
• If you return an item purchased with a voucher, the discount or voucher value may be deducted from the return credit.
• Applicable shipping and handling fees apply to all products.
• The offer is valid while supplies last.
• Invalid where prohibited.
• Morgenland Teppiche is not responsible for paying taxes related to the distribution or use of a voucher.
• The consumer is responsible for paying any applicable VAT in connection with the use of the voucher.
• Vouchers are invalid if legally restricted or prohibited.

11. Discount Promotions and Sales Offers

We regularly offer time-limited discount promotions ("sales"). These apply only for the period specified in the respective promotion and only to products explicitly marked on the website.

The discount amount is given as a percentage and refers to the regular retail price.
Discount promotions apply exclusively under the following conditions:

• They apply only to orders via www.morgenland-teppiche.de.
• Promotional discounts cannot be combined with other vouchers or promotions, unless explicitly stated otherwise.
• The discount is automatically displayed in the shopping cart once an eligible item is included.
• There is no entitlement to a refund of the discount amount in case of subsequent price reductions or outside the promotional period.
• Discounted items are excluded from exchange if the discount was granted individually (e.g., through special agreement).
• The promotion is valid while supplies last.
• Morgenland Teppiche reserves the right to end or extend promotions early if necessary (e.g., due to technical reasons or supply shortages).

§ 12 Sale in the Showroom

(1) In our showroom in Hamburg, you can view selected rugs and samples on-site. Purchases or binding orders can also be made directly on-site.

(2) When purchasing on-site, the contract is concluded outside of distance selling. Therefore, there is no statutory right of withdrawal or return. On-site returns or exchanges are excluded.

(3) Payment in the showroom is only possible by credit card, debit card, or cash.

(4) Showroom prices may differ from those displayed in the online shop (e.g., due to individual consultation, unique items, or different cost structures). There is no entitlement to price adjustment to online offers or online discounts.