General Terms and Conditions with Customer Information

• Validity of the GTC
• Contact and service details
• General Information on Offers and Orders
• Ordering Process and Conclusion of Contract
• Contract Text and Contract Language
• Customer Account
• Prices and Shipping Costs
• Payment Methods and Terms
• Purchase on account
• Delivery, Availability of Goods
• Production and processing according to the Customer\’s specifications
• Promotional vouchers
• Instructions on Withdrawal
• Voluntary right of return
• Warranty and Liability
• Change of GTC
• Final provisions
• Dispute Resolution

Last Update: 13. November 2023

• The following General Terms and Conditions (hereinafter referred to as « GTC ») shall apply exclusively to the business relationship between texomat OHG, Westerwinkel 14, 30926 Seelze, Germany (hereinafter referred to as « Vendor ») and the purchaser, who is hereinafter referred to as « Customer », of the Vendor’s products, goods and services (hereinafter referred to as « Products » or « Goods »).
• Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
• All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
• A « Consumer » within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
• « Entrepreneur » within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

• Please note the following information about the availability of our customer service.
• E-mail address: info@dtf-team.com
• Phone number: +49 (0) 511 56967737
• Contact form: https://www.dtf-team.com/fr/formulaire-de-contact/
• Customer service availability: Weekdays from 9:00 am to 6:00 pm

• The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
• Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
• Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time,  as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

• The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
• By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

• The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
• If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
• The contract languages are German and English, contracts can be concluded in these languages.

• The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
• Customers can also place an order as a guest without having to create a Customer account.
• Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
• Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers’ responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
• The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor’s GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
• To the extent that Customers store, provide or otherwise upload content or information (hereinafter referred to as « content ») within the customer account, customers are responsible for the content of this information. The Vendor does not adopt the Customers’ content as their own. However, the Vendor reserves the right to take appropriate measures depending on the degree of legal infringement risk posed by the content, particularly the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, reasonableness, and the interests of all parties involved, in particular the fundamental rights of the Customers, may include (partial) deletion of content, requests for action and declarations, warnings, cease and desist notices, and bans., is prohibited.
• Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.
• From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer’s responsibility to secure their data upon termination of the Customer account.

• Unless otherwise stated, all prices are net, plus the applicable statutory value added tax (VAT).
• The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
• In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.
• Information page with details of delivery and shipping costs: https://www.dtf-team.com/fr/expedition/

• When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
• The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
• If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called « pre-notification »).
• If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
• The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
• Information page with details of the available payment options: https://www.dtf-team.com/fr/paiement/
• Prepayment – If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences..
• Purchase on account – The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 7 days without deduction by payment to the Vendor’s bank account, unless otherwise agreed.  .
• The payment method purchase on account is only available up to an invoice amount of 1000 Euro.
• PayPal – The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: « PayPal ») by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full and will be communicated to the Customer during the payment process.
• PayPal Plus (PayPal) – The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
• PayPal Plus (Credit Card) – The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer’s account is automatically debited.
• Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.
• The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer’s obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.
• Customers shall only be entitled to set-off if their counterclaims have been legally established or acknowledged by the Vendor.
• Customers may only exercise their right of retention insofar as the claims result from the same contractual relationship.

• If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

• The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
• If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
• If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.
• If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
• Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
• If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
• In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.
• Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights  as well as the enforcement of these rights.

• If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer’s specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as « Cooperation »).
• The Customer shall be informed of his required Cooperation within the product description or the ordering process.
• In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
• The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer’s Cooperation.
• The Vendor shall not bear any costs for the Cooperation of the Customer.
• The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer’s Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
• The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

• « Promotion Vouchers » are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
• Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
• Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
• Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
• Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
• Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
• If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
• If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

• The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.
• The provisions of these GTC do not limit the statutory rights of withdrawal, cancellation, termination, warranty, and defects as well as other mandatory rights of the Customer and their related payment and other claims, and are subordinate to these rights.
• Customers can access the Vendor’s instructions on withdrawal at the following Internet address: https://www.dtf-team.com/fr/instructions-sur-le-retrait/

• The Vendor grants a voluntary return guarantee subject to the following conditions.
• The period within which the ordered goods can be returned is 30 days from the receipt of the respective goods (the period begins on the day after receipt of the goods) or conclusion of the contract in the case of contracts for the purchase of digital content or for services. The return requires that the goods are dispatched on the last day of the period at the latest.
• The goods to be returned must be sent back to the following address: texomat OHG, Westerwinkel 14, 30926 Seelze, Germany.
• The goods can only be returned in complete, unused and undamaged condition.
• The voluntary right of return expires for contracts for the use of services (service contracts) when the Vendor has started to perform the services.
• If goods are returned in accordance with this voluntary return guarantee, the Vendor will refund to the Customer the purchase price already paid for the goods.
• The original shipping costs of the goods to the customer (outward shipping costs) will not be refunded on the basis of the voluntary return policy.
• The costs of returning the goods from the Customer to the Vendor will not be reimbursed on the basis of the voluntary return policy.
• The amount to be repaid as a result of the voluntary refund shall be repaid by the seller to the buyer within 14 days of taking possession of the returned goods. The time of the order of the payment by the Vendor shall be decisive.

• Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
• If the Customer is an entrepreneur, the Customer shall inspect the goods without undue delay, irrespective of the statutory obligations to give notice of defects, and shall notify the Vendor of any recognisable material defects without undue delay and in writing, and of any non-recognisable material defects without undue delay after they have been discovered. Failure to inspect and notify the Vendor in good time shall result in the exclusion of any rights to assert claims in respect of material defects.
• The Customer’s rights of recourse against the Seller within the scope of the entrepreneur’s right of recourse in the case of purchases of consumer goods, which cannot be excluded by law, shall not be restricted.
• If the Customer is an entrepreneur, the choice is between subsequent improvement (i.e. rectification of defects) of defective goods or subsequent delivery (delivery of goods free of defects) by the Vendor.
• Deviations in quality, weight, size, thickness, width, finish, pattern, colour, etc. that are customary in the trade and permissible in accordance with quality standards do not constitute defects.
• In relation to Customers who are entrepreneurs, only the information in the product description or other product specifications or manufacturer information expressly included by the Vendor shall be binding for the assessment of the condition and quality of the goods. Other information in the media or public statements as well as information from the manufacturer or third parties shall not be relevant.
• The Vendor shall not be liable for the Customer’s Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
• The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.
• The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
• The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.

• The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
• In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
• The Vendor will send the amended GTC to the Customer’s email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

• The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction shall be at the Vendor’s (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor’s country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

• The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
• We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.