General Terms And Conditions

General Terms and Conditions (GTC)

General terms and conditions with customer information

1.    Provider
2.    Scope of application
3.    Definitions
4.    Offer and conclusion of contract
5.    Delivery time
6.    Prices and shipping costs
7.    Transportation risk
8.    Payment methods
9.    Retention of title
10.    Reservation of right of withdrawal
11.    Statutory liability for defects
12.    Notice of defects
13.    Limitation of liability, guarantees
14.    Contractual language, contract text record
15.    Applicable law, jurisdiction clause
16.    Online Dispute Resolution
17.    Severability clause


1.    Provider
The provider of the product range presented in this online store as well as contractual partner for acts of sale concluded via this online store is the company named below (hereinafter: "provider"):

Hirt und Peters-Hirt GbR
Katharina Hirt and Antje Peters-Hirt
Tucholskystrasse 47
10117 Berlin
Phone: +49 (0) 152 290 696 01
E-mail: info@kathacovers.com
Sales Tax Identification Number: DE316831954

2.    Scope of application
The following General Terms and Conditions (GTC) apply to all contracts concluded via this online store. These GTC also contain the legally required information according to the regulations on contracts in distance selling and electronic commerce.

3.    Definitions
Insofar as the terms "entrepreneur" and "consumer" are used, the statutory definitions of the German Civil Code (BGB) shall apply:

(1) Entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

(2) Consumer within the meaning of § 13 BGB means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

4.    Offer and conclusion of contract
(1)    The product presentations in this online store are always non-binding and do not constitute an offer in the legal sense. By the product presentation the customer is invited to place the desired products in the shopping cart and to make a legally binding offer to purchase the ordered products by ordering the products. The time of the conclusion of the contract is determined by point 4. (3) of these GTC.

(2)    By pressing the "Shopping Cart" button, the product can be placed in the shopping cart without obligation. By pressing the "+" and "-" buttons beforehand, the number of desired products can be selected.

A product that is not desired and has already been selected can be removed from the shopping cart at any time by calling up the shopping cart and removing the corresponding product by clicking on the delete button and then clicking on "Update shopping cart". The number of a desired product can be changed by pressing the "+" or "-" button in the shopping cart to adjust the number and then clicking the "Update shopping cart" button.

(3)    Once all desired products are in the shopping cart, the customer can initiate the payment process:

-    "Checkout" button:
If the customer presses the checkout button, he can log in with an existing customer account, open a new customer account or carry out the order without opening a customer account by means of the guest order function. In the following, the customer enters the personal data required to process the contract, mandatory fields are highlighted. In the further ordering process, the desired payment and shipping method is queried. At the end of the ordering process, the customer is taken to an overview page ("Checkout"), on which the data entered, the selection made by the customer, the desired products and the costs and their composition are listed. The customer can check his selection and entries at this point. Errors can be corrected by pressing the respective change button and a corresponding new entry/new selection. By clicking the order button ["Buy now" or "order with obligation to pay"], the purchase process is completed and the customer submits a legally binding offer to conclude a contract. The contract is concluded by acceptance of the offer by the provider by sending an order confirmation within 48 hours. Otherwise, the offer shall be deemed rejected.

-    Button "PayPal":
If selecting the instant payment system "PayPal-Plus", the customer is redirected to the log-in page of PayPal by clicking the button "PayPal". After successful login, the shopping cart and the address and payment data stored with PayPal are displayed. Here the customer has the opportunity to check his entries and correct errors by clicking the respective button ["Change"] and entering or selecting anew. By clicking the button ["Pay now"] the purchase process is completed and the contract with the provider is concluded immediately.

5.    Delivery time
The delivery time is indicated on the product detail page. If no specific information about the delivery time is given on the product page, the following applies: The ordered goods will be sent on their way within 48 hours after ordering or, in the case of advance payment methods, within 3 working days after payment has been executed by the customer. Sundays and holidays are not to be considered in the calculation. Given usual post and package delivery time, delivery takes 2-4 working days to the customer. The stated delivery times only apply to shipping within Germany. Shipping to foreign countries, if offered, may take 3-4 business days longer.

6.    Prices and shipping costs
(1)    The prices stated in this online store are without exception final prices and include the statutory value added tax.

(2)    If shipping costs are incurred, they are listed on a corresponding and linked subpage for the delivery area offered. We only ship to countries listed there.

(3)    If shipping outside the EU is offered, additional customs, duties, taxes and fees may be incurred, which are to be borne by the customer and paid to the competent customs or tax authorities. The details can be requested by the customer from the relevant customs or tax authorities before ordering. There are helpful information sites such as the following:

http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm


7.    Transportation risk
(1)    In the case of the sale of consumer goods, the provider shall bear the transport risk in accordance with the statutory provisions. If the purchaser is an entrepreneur, the transport risk shall pass to him as soon as the goods are handed over to the transport company.

(2)    If the customer is responsible for the undeliverability of a shipment, he shall bear additional costs incurred thereby. Consignments shall be deemed to be undeliverable if no person authorized to receive the consignment is encountered and the collection period has expired fruitlessly, acceptance by the recipient or authorized recipient is refused or the recipient cannot be determined at the address provided by him. The following behavior shall also be deemed as refusal to accept: prevention of delivery via an existing receiving facility (e.g. taping/prohibition of posting at the house letter or parcel box); the refusal to pay the COD fee/the COD costs (if COD payment method was offered by the provider and selected by the customer) or the refusal to hand over the acknowledgement of receipt.


8.    Payment methods
(1)    The customer can choose between several payment methods. These are listed on a correspondingly linked sub-page and displayed for selection in the order process. If additional costs are incurred for certain payment methods, these will be listed in detail on the correspondingly linked sub-page.

(2)    When choosing a prepayment, delivery of the goods takes place after receipt of payment by the provider.

9.    Retention of title
If the customer is a consumer, the provider retains ownership of the delivered goods until full payment of the purchase price is made by the customer. If the customer is an entrepreneur, the provider retains ownership of the delivered goods until full payment of all claims arising from the business relationship with the buyer.

10.    Reservation of right of withdrawal
If, after the conclusion of a purchase contract, delivery difficulties arise at the provider in such a way that the provider himself is not supplied in time according to type and quantity, the provider reserves the right to withdraw from the contract. The foregoing shall only apply in the event that the provider is not responsible for the failure to deliver, in particular has concluded a covering transaction in good time to fulfill its contractual obligations and has informed the affected customers without delay. In such a case, the provider will immediately refund the services already provided by the customer.

11.    Statutory liability for defects
(1)    In the case of contracts with consumers regarding the delivery of new goods, the statutory provisions shall apply, i.e. a two-year warranty period shall apply from the handover of the item to the consumer. In deviation from this, in the case of contracts with consumers for the delivery of a used item, a one-year warranty period shall apply from the handover of the item to the consumer.

(2)    In deviation from the statutory provisions, in the case of contracts with entrepreneurs for the delivery of new goods, a warranty period of one year from handover to the buyer shall apply, and in the case of contracts with entrepreneurs for the delivery of used goods, a warranty period of six months from handover to the buyer shall apply. The rights of the entrepreneur from §§ 478, 479 BGB remain unaffected.

(3)    The above shortening of the warranty period shall not apply to claims based on damage caused by the provider, its legal representatives or agents in the following cases: In the event of injury to life, limb or health, intentional or grossly negligent breach of duty, fraudulent concealment of a defect, breach of a duty, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the buyer may regularly rely (cardinal obligation). Furthermore, the provider shall be liable under the Product Liability Act (ProdHaftG), insofar as the scope of application of the Product Liability Act is opened, or in other cases listed by law in which liability of the provider is mandatory.

12.    Notice of defects
If the customer is a merchant within the meaning of the German Commercial Code (HGB), he must notify the provider of any defects without delay, but no later than one week after receipt of the goods. Defects that cannot be discovered within this period even with careful inspection must be notified in writing immediately after discovery, otherwise the goods shall be deemed approved also in view of this defect. The foregoing shall not apply if the provider has fraudulently concealed the defect or has assumed a corresponding guarantee. If the provider enters into negotiations regarding a complaint, this shall in no way constitute a waiver of the objection of late, insufficient or unfounded notification of defects.

13.    Limitation of liability, guarantees
(1)    The provider is liable without limitation for damages, provided that he is guilty of intent or gross negligence.

(2)    The provider shall only be liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the Buyer may regularly rely (cardinal obligation). Otherwise, liability is excluded in the case of simple negligence.

(3)    Insofar as the provider is liable for simple negligence as above, liability shall be limited to the damage that could typically be expected to occur according to the circumstances known at the time of the conclusion of the contract.

(4)    The aforementioned exclusions and limitations of liability shall not apply if a guarantee for the quality of the goods has been assumed or the defectiveness of the goods has been fraudulently concealed. Furthermore, the provider shall be liable without limitation for damages which are to be compensated by him according to the Product Liability Act (ProdHaftG), as well as for damages to life, body and health.

(5)    If the manufacturer or the provider grants guarantees for certain products, this will be indicated on the corresponding product page or on a separately linked sub-page. The customer's statutory rights, in particular the statutory liability for defects, shall not be affected by any warranties granted.

14.    Contractual language, contract text record
(1)    The contractual language is German.

(2)    The contract text is not recorded by the provider after conclusion of the contract and is not accessible to the Customer. The customer can print out the contract text before the conclusion of the contract and/or save it in reproducible form by means of screenshots of the essential web pages or conversion into pdf format.

15.    Applicable law, jurisdiction clause
(1)    Purchase contracts with entrepreneurs concluded via this online store shall be governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2)    In the event of disputes regarding contracts concluded via this online store, the place of jurisdiction shall be deemed to be agreed in whose district the provider has its registered office if the purchaser is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law.

16.    Online Dispute Resolution
(1)    The European Commission provides a platform for online dispute resolution (OS) under the following link: https://ec.europa.eu/consumers/odr.

(2)    For general consumer problems, the “Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.” (General Consumer Arbitration Board of the center for arbitration e. V.) is generally responsible, which can be reached at https://www.verbraucher-schlichter.de or at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.

(3)    The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

17.    Severability clause
If any of the above provisions is invalid in whole or in part due to statutory provisions, regulations or changes in the law, all other provisions shall remain unaffected thereby and shall continue to apply in full.


Alternative Dispute Resolution according to Art. 14 para. 1 ODR Regulation and § 36 VSBG (Verbraucherstreitbeilegungsgesetz):
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.