General terms and conditions

§ 1 Scope and Provider

These General Terms and Conditions apply to all orders placed by natural persons as well as legal entities via the online shop (Homerugs.de) of Negra Consulting GmbH, Seboldstraße 1, 76227 Karlsruhe, Germany (hereinafter referred to as “Negra”).

Service hotline: Mon to Fri: 10 a.m. – 4 p.m. by phone: +49 (0)721 961 40 87

Email: kontakt@homerugs.de

§ 2 Conclusion of Contract

§ 2.1 The product presentations in the online shop serve to submit an offer to purchase. By clicking the button “Order with obligation to pay”, you submit a binding offer to purchase.

§ 2.2 We may accept your order by sending an order confirmation by email. Confirmation of receipt of the order does not yet constitute acceptance of the offer to purchase.

§ 2.3 Please note that dimensional deviations of 3% are customary in the carpet trade. Therefore, please measure carefully at home and do not allow too little margin.

§ 3 Prices

The prices stated on the product pages include statutory VAT and other price components and are exclusive of shipping costs. Errors and price changes reserved.

§ 4 Shipping Costs

§ 4.1 Shipping is free of charge for orders within Germany.

§ 4.2 Shipping is free of charge for orders from other European Union (EU) countries.

§ 4.3 Deliveries to non-EU countries are generally free of charge. In certain cases, however, special customs duties may apply, which must be borne by the customer upon receipt of the goods. Please contact the relevant customs authority for further information.

Delivery Terms and Reservation of Self-Supply

§ 5.1 Delivery shall be made at our discretion by DHL, GLS, DPD or another shipping service provider, unless otherwise specified.

§ 5.2 Unless otherwise stated in the offer, the delivery time is approx. 10–21 working days. Please note that due to high demand, some products may be out of stock. In such a case, we will contact you immediately and inform you accordingly. Delivery periods shall be complied with wherever possible. Failure to meet deadlines shall only entitle the customer to withdraw from the contract after granting a reasonable grace period, to the exclusion of any claims for damages.

§ 5.3 If not all ordered products are in stock, we shall be entitled to make partial deliveries at our own expense, provided this is reasonable for you.

§ 5.4 If delivery of the goods fails despite three delivery attempts, we may withdraw from the contract. Claims arising from damages incurred, such as shipping costs, remain reserved.

§ 5.5 If the ordered product is not available because we are not supplied by our own suppliers without fault on our part, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, propose the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will, if applicable, reimburse any payments already made.

§ 6 Terms of Payment

§ 6.1 Payment may be made in advance, by credit card, Klarna or PayPal.

§ 6.2 If you choose payment in advance, we will provide our bank details in the order confirmation. The invoice amount must be transferred to our account within 5 working days; otherwise, your order will be cancelled.

§ 6.3 You shall only have a right of set-off if your counterclaims have been legally established by a court, are undisputed, or have been acknowledged by us in writing.

§ 6.4 You may only exercise a right of retention insofar as your claims arise from the same contractual relationship.

§ 6.5 We are not obliged to accept cheques or bills of exchange; if we do accept them, this shall only be on account of performance.

§ 7 Retention of Title

The goods remain our property until full payment has been made. Prior to transfer of ownership, pledging, transfer by way of security, processing or alteration is not permitted without our consent.

§ 8 Right of Withdrawal

§ 8.1 Consumers have a 30-day right of withdrawal for goods purchased in the online shop. If you withdraw from the contract, we will reimburse all payments, including delivery costs (provided you did not choose a type of delivery other than the less expensive standard delivery offered by us). We will use the same means of payment for the reimbursement.

§ 8.2 The right of withdrawal does not apply to the delivery of goods that are made according to customer specifications or clearly tailored to personal needs (e.g. carpets custom-made for you / all carpets of the brand Limited Edition).

§ 8.3 Please avoid damaging or soiling the goods. Please return the goods, where possible, in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging in order to avoid claims for damages caused by inadequate packaging.

§ 8.4 Before returning the goods, please call us or send us an email to announce the return. In this way, you enable us to allocate the products as quickly as possible.

§ 8.5 Please note that the modalities set out in Section 8.3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8A. Return Costs in the Event of Withdrawal

If you make use of your right of withdrawal, you shall bear the regular costs of returning the goods if the delivered goods correspond to those ordered.

§ 9 Transport Damage

If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us as soon as possible.

§ 10 Transfer of Risk

The risk of accidental loss and accidental deterioration of the goods shall pass to you upon delivery of the goods. Delivery shall be deemed equivalent if you are in default of acceptance.

§ 11 Warranty

The statutory warranty provisions shall apply.

§ 12 Liability

Liability for slight negligence is excluded. The same shall apply to breaches of contract by auxiliary persons and substitutes.

Our liability for intent and gross negligence, for personal injury, and under mandatory statutory provisions (e.g. product liability law) shall remain unaffected by the above limitation of liability. To the extent legally permissible, our liability shall in each case be limited to the amount that we have charged you for the purchase of the respective chargeable products. Our liability for consequential damages and loss of profit is excluded.

The ordered goods may only be used for the agreed purpose. For any other use, prior written consent must be obtained.

§ 13 Data Protection

NEGRA Consulting GmbH processes personal data in accordance with the General Data Protection Regulation (GDPR) and the supplementary provisions of the German Federal Data Protection Act (BDSG).

Personal data is processed exclusively on the basis of the legal grounds set out in the Privacy Policy pursuant to Art. 6 GDPR – in particular for the performance of a contract (Art. 6 para. 1 lit. b GDPR), for compliance with legal obligations (lit. c), or on the basis of express consent (lit. a).

Further information on the nature, scope and purpose of data processing, as well as your rights as a data subject (including access, rectification, erasure, objection), can be found in our Privacy Policy at: https://www.homerugs.de/datenschutz/