Regulamin

General Terms and Conditions
Christmann-Jacoby Textilien, Owner Irina Christmann-Jacoby, Heselstücken 5, 22453 Hamburg, Germany (hereinafter "we" or "us")

Note: This English translation is provided for information purposes only. Only the German version of these General Terms and Conditions is legally binding. In the event of any discrepancy between the two versions, the German version shall prevail (see Section 2(4)).

Section 1 Scope, customers
(1) These General Terms and Conditions apply to all contracts concluded between us and our customers via our online shop or by email, telephone or in writing.

(2) We sell exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law that purchase the goods for the purpose of resale or for their commercial or independent professional activity. Sales to consumers (Section 13 BGB) are excluded. By registering and with every order, the customer confirms that they are acting as an entrepreneur within this meaning. We are entitled to request proof of entrepreneur status (e.g. trade registration, extract from the commercial register or VAT identification number) before concluding a contract.

(3) Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their validity in writing.

Section 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding offer but an invitation to place an order. For clearance stock, the quantities displayed are non-binding and subject to prior sale.

(2) By submitting the order via the "Order with obligation to pay" button ("Zahlungspflichtig bestellen"), the customer makes a binding offer to purchase the goods in the shopping cart. The automatic confirmation of receipt does not yet constitute acceptance.

(3) The contract is concluded when we accept the order by sending an order confirmation by email or by delivering the goods. We may accept the offer within five working days.

(4) The language of the contract is German. Translations of these terms and conditions are provided for information purposes only; in the event of any discrepancy, the German version alone shall be authoritative. We store the text of the contract; the customer can view their orders in their customer account.

Section 3 Prices, shipping costs
(1) All prices are net prices in euros plus statutory value added tax, where applicable. Intra-Community deliveries to customers with a valid VAT identification number are exempt from VAT, provided the statutory requirements are met.

(2) Shipping costs are added as stated on the Shipping Information page and during the ordering process. For orders with a net goods value of EUR 250.00 or more, we deliver free of shipping costs within Germany. For deliveries outside the EU, the customer bears customs duties, import charges and fees.

Section 4 Payment, default
(1) The customer may choose from the payment methods offered during the ordering process: advance payment by bank transfer, SEPA direct debit or cash on delivery (Germany only). We reserve the right to offer only certain payment methods in individual cases.

(2) For advance payment, the purchase price must be paid within seven days of receipt of the order confirmation; the goods will be shipped once payment has been received. For SEPA direct debit, we collect the amount no earlier than the day of shipment; the pre-notification is provided with the invoice, and the pre-notification period is shortened to one day. The customer bears the costs of any returned direct debit for which the customer is responsible.

(3) If the customer is in default of payment, they owe default interest at a rate of nine percentage points above the applicable base rate (Section 288(2), Section 247 BGB) as well as the lump sum pursuant to Section 288(5) BGB. We reserve the right to claim further damages.

(4) The customer may only set off claims that are undisputed or have been established by a final court decision, as well as claims that are in a reciprocal relationship with our claim, in particular claims arising from defects in the goods. The customer is only entitled to a right of retention on the basis of claims arising from the same contractual relationship.

Section 5 Delivery, transfer of risk, force majeure
(1) Delivery is made to the delivery address specified by the customer. Delivery times are non-binding unless a fixed date has been expressly agreed.

(2) Partial deliveries are permissible insofar as they are reasonable for the customer.

(3) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the carrier (Section 447 BGB).

(4) If ordered goods are no longer available because they are clearance stock that has already been sold elsewhere, we will inform the customer without delay and refund any payments already made for these goods.

(5) If we are prevented from delivering by force majeure or other events for which we are not responsible (e.g. natural events, epidemics, strikes, official measures, disruptions at carriers or supplier failures), delivery periods are extended by the duration of the hindrance plus a reasonable start-up period. If the hindrance lasts longer than six weeks, either party may withdraw from the contract with respect to the affected goods; we will refund any payments already made without delay.

Section 6 Retention of title
(1) The goods remain our property until all claims arising from the business relationship have been paid in full.

(2) The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to us all claims, in the amount of the invoice total, arising from the resale; we accept this assignment. The customer remains authorised to collect these claims as long as they meet their payment obligations.

(3) If the value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the customer's request.

Section 7 Duty to inspect and give notice of defects, warranty
(1) Sections 377 and 381 of the German Commercial Code (HGB) apply. The customer must inspect the goods without delay upon receipt and notify us in text form of any recognisable defects, incorrect deliveries and quantity discrepancies within seven days of delivery, and of hidden defects within seven days of their discovery. Otherwise, the goods are deemed to have been approved.

(2) In the event of defects, we will provide subsequent performance, at our discretion, by remedying the defect or delivering goods free of defects. If clearance stock is no longer available, we will refund the purchase price for the affected goods; at the customer's request, we will instead credit the amount to their customer account. If subsequent performance fails, the customer may reduce the price or withdraw from the contract.

(3) The limitation period for claims based on defects is one year from delivery. This does not apply to claims for damages under Section 9, in cases of fraudulent intent, or to recourse claims under Sections 445a, 445b and 478 BGB, for which the statutory periods apply.

(4) Customary deviations in colour, size and material, as well as deviations between product photos and the goods delivered, do not constitute a defect insofar as they do not impair the usability of the goods.

Section 8 Resale, neutralisation
(1) Our goods are predominantly branded clearance stock and surplus stock. Before reselling, the customer undertakes to remove or obliterate price tags, item numbers and other retail labels of the original retailer, insofar as we draw their attention to this when they order or on the invoice. Any costs incurred for this are borne by the customer.

(2) Information required by law must remain on the goods, in particular the textile labelling (fibre composition), care instructions where present, and the information on the manufacturer or responsible person under Regulation (EU) 2023/988 on general product safety. This information must not be removed or covered.

(3) If the customer resells the goods to other resellers without first neutralising them in accordance with paragraph 1, the customer must impose this obligation on their buyer.

Section 9 Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee we have given.

(2) In the event of a slightly negligent breach of an essential contractual obligation (obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely), our liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise, liability for slight negligence is excluded.

(4) These liability provisions also apply in favour of our employees, representatives and vicarious agents.

Section 10 Returns
There is no statutory right of withdrawal, as we sell exclusively to entrepreneurs. Goods free of defects will only be taken back by prior express agreement.

Section 11 Data protection
Information on the processing of personal data can be found in our privacy policy.

Section 12 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Hamburg, provided that the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. We are also entitled to bring an action at the customer's registered office.

(3) Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.

Last updated: November 2026