Terms and conditions of use

TERMS AND CONDITIONS OF THE ONLINE SHOP STOFFTEX.COM

I. General Information

These Terms and Conditions set out the types and scope of services provided electronically by the online shop www.stofftex.com, the rules governing the provision of such services, the terms for concluding and terminating contracts for the provision of electronic services and sales contracts, as well as the complaints handling procedure. In particular, these Terms and Conditions specify:
1. Rules for registering and using an Account within the Online Shop;
2. Conditions and procedures for placing Orders electronically within the Online Shop;
3. Rules for concluding Sales Contracts using services provided within the Online Shop;
4. Use of the Newsletter;
5. Rules for posting Customer reviews within the Online Shop.
The Online Shop is operated by stofftex.com, conducted under the business name Jarosław Mozolewski, Lindenallee 4, 16307 Tantow, VAT ID: DE295339061, hereinafter referred to as the “Seller”. Contact and correspondence with the Seller may be made via e‑mail: shop@stofftex.com or by telephone: +49 1573 290 1031.
Placing Orders and making purchases in the Online Shop requires prior review and acceptance of these Terms and Conditions.
All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, internet domain, website and logos, belong to the Seller. Use of those rights is permitted only as provided for herein and must comply with European Union law in the fields of consumer, copyright, trademark and unfair competition law (in particular Directive 2011/83/EU on consumer rights, Directive 2000/31/EC on electronic commerce, Directive 2001/29/EC on copyright in the information society, and Regulation (EU) 2017/1001 on the EU trade mark).

II. Definitions (Terminology). The following terms are used in these Terms and Conditions:

Customer – a natural person with legal capacity, a natural person conducting business or agricultural activity, a legal person or an organisational unit without legal personality that is granted legal capacity, who places an Order in the Online Shop or uses other services available in the Online Shop.
Online Shop – the website available at www.stofftex.com, through which the Customer may place Orders.
Order – the Customer’s declaration of intent to conclude a Sales Contract, specifying the type, quantity and price of the Goods as described on the Online Shop. The Order constitutes an offer within the meaning of Article 2 of Directive 2000/31/EC (commercial communications and contract formation in information society services) together with the general contract law principles of EU Member States.
Goods – a product presented by the Seller in the Online Shop that the Customer may order.
Sales Contract – a contract for the sale of Goods between the Seller and the Customer; for consumers, rights and remedies are primarily governed by Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods and by Directive 2011/83/EU on consumer rights.
Business Days – days from Monday to Friday, excluding public holidays.
Account – the area of the Online Shop made available to a given Customer following registration and login, through which the Customer may perform actions within the Online Shop.
Terms and Conditions – these Terms and Conditions of the Online Shop www.stofftex.com.
Consumer – a Customer who is a consumer within the meaning of Article 2(1) of Directive 2011/83/EU.
Trader – a Customer who is a trader within the meaning of Article 2(2) of Directive 2011/83/EU.
Services – services provided by the Seller to Customers electronically within the meaning of Directive 2000/31/EC on electronic commerce.
Copyright law – within the meaning of Directive 2001/29/EC on copyright in the information society.
Consumer rights – within the meaning of Directive 2011/83/EU on consumer rights.
Value Added Tax – within the meaning of Directive 2006/112/EC on the common system of value added tax.

III. Rules for Using the Online Shop

Use of the Online Shop encompasses any action by the Customer intended to become acquainted with the content and Goods presented in the Online Shop.
Use of the Online Shop is possible provided that the Customer’s ICT system meets the following minimum technical requirements:
1. a computer or mobile device with internet access;
2. an installed internet browser;
3. access to e‑mail;
4. cookies and JavaScript enabled in the browser;
5. software installed to read .pdf files.
The Customer undertakes to:
1. use the Online Shop in accordance with applicable European Union law, these Terms and Conditions and general internet‑use principles;
2. use content posted in the Online Shop solely for personal use;
3. use the Online Shop in a manner that does not disrupt its functioning, in particular by refraining from using unauthorised software or devices;
4. use the Online Shop in a manner not burdensome to other Customers or to the Seller, in particular by not sending or posting unsolicited commercial information (spam);
5. not provide unlawful content via the Online Shop.

IV. Prices of Goods and Methods of Payment

Goods prices are quoted in euro and include VAT, any applicable customs duties and other required charges.
Prices posted in the Online Shop are for information only and do not constitute a binding offer.
The Customer may choose one of the following payment methods:
1. Electronic payment. In this case, the Order will begin to be processed once the Seller has sent the Customer an Order‑acceptance confirmation and the Seller has received from the payment service provider the information that payment has been made by the Customer. Shipment will occur after the entire Order has been completed.
2. Bank transfer to the Seller’s account. In this case, Order processing will begin after the Seller has sent the Order‑acceptance confirmation; shipment will occur after funds have been credited to the Seller’s bank account and the entire Order has been completed.
3. Cash on delivery – payment to the delivery provider (courier) upon delivery. In this case, Order processing and shipment will begin after the Order‑acceptance confirmation and completion of the entire Order.
4. The Seller informs the Customer on the Online Shop pages of the deadline within which payment for the Order must be made. If payment is not made, the Seller may set an additional seven‑day deadline and, following its ineffective expiry, rescind the Sales Contract in accordance with general principles of contract law applicable in the EU Member State of the Seller and Articles 13–14 of Directive 2011/83/EU (effects of withdrawal/termination).

V. Services

The Seller enables the Customer to use free Services via the Online Shop, provided 24 hours a day, 365 days a year. These Services include:
1. maintaining an Account in the Online Shop;
2. enabling the electronic placement of Orders within the Online Shop;
3. enabling the conclusion of Sales Contracts using services provided within the Online Shop;
4. use of the Newsletter;
5. enabling the posting of Customer reviews within the Online Shop.
The Account service is available after the Customer registers. Registration occurs by completing and accepting the registration form made available on one of the Online Shop pages. The contract for maintaining an Account in the Online Shop is concluded for an indefinite period and is terminated upon receipt of the Customer’s e‑mailed request to delete the Account.
The Customer may receive commercial information from the Seller in the form of e‑mails sent to the e‑mail address provided by the Customer via the Newsletter service. For this purpose, the Customer must consent to receive commercial information by e‑mail and, for direct marketing using terminal devices, consent to the use of the Customer’s telecommunications terminal equipment. The Customer may withdraw consent at any time. The Newsletter service contract is concluded for an indefinite period and is terminated upon receipt of the Customer’s request to remove his/her e‑mail address from the Newsletter subscription or upon withdrawal of consent. It is also possible to unsubscribe using the link included in each Newsletter message.
The Customer may post individual and subjective statements in the Online Shop regarding the Goods, service, delivery time etc. The contract for the service of posting reviews in the Online Shop is concluded for a definite period and ends upon the posting of the review. Posted statements may be disseminated on the Online Shop pages. The Seller reserves the right not to disseminate reviews that contain unlawful content, contain content commonly regarded as offensive, or may infringe personal rights or the rights of others.
By posting a statement, the Customer represents that he/she holds all rights to the posted content, in particular proprietary copyrights, related rights and industrial property rights.
Each statement must be comprehensible and may not violate legal provisions; in particular it may not be defamatory, infringe personal rights or constitute an act of unfair competition.
Posting a statement on the Online Shop pages is conditional on granting the Seller a non‑exclusive, royalty‑free, unlimited licence to use the statement and consent to its publication (within the meaning of Directive 2001/29/EC).
The Customer may consent to adaptations/derivative works of the statement.
The Seller may organise contests and promotions; the terms will be provided on the Online Shop pages. Promotions cannot be combined.

VI. Procedure for Concluding a Sales Contract between the Seller and the Customer

A valid e‑mail address is required to place an Order.
Orders are placed by completing the form available on the Online Shop website.
Information about the Goods (description, price, technical and functional parameters) posted on the Online Shop pages constitutes an invitation to submit an offer within the meaning of Directive 2000/31/EC.
Each Good presented in the Online Shop is new, free from physical and legal defects and has been lawfully acquired.
When placing an Order, the Customer should specify and provide:
1. the name of the Good as it appears on the Online Shop website;
2. the quantity of the Good;
3. the method of delivery and the form of payment from those offered on the Online Shop website;
4. the data necessary for fulfilling the Order, including first and last name, place of residence and e‑mail address;
5. the total price and all additional costs, including delivery charges, and confirm awareness that placing an Order entails an obligation to pay (Article 8(2) of Directive 2011/83/EU).
By placing an Order via the form available on the Online Shop website, the Customer orders from the Seller, in electronic form, the Goods covered by the Order. The placement of the Order constitutes an offer to conclude a Sales Contract. The offer binds the Customer from the moment the Seller sends to the Customer’s e‑mail address a confirmation of acceptance and of the conclusion of the contract; upon receipt of such confirmation by the Customer, the Sales Contract is concluded (Articles 10–11 of Directive 2000/31/EC).
Customer service (receiving and sending e‑mails sent by Customers to shop@stofftex.com) is available on Business Days during the hours indicated on the Online Shop website.
After conclusion of the Sales Contract, the Seller confirms its terms to the Customer by sending them to the Customer’s e‑mail address or in writing to the address provided by the Customer.
The contract language is English; the content complies with these Terms and Conditions.
A receipt/invoice is issued for each Good sold by the Online Shop.
The invoice is delivered by e‑mail to the e‑mail address provided by the Customer, unless the Customer requests a printed invoice.
Acceptance of these Terms and Conditions constitutes consent to receive invoices in electronic form within the meaning of Directive 2006/112/EC on VAT. The Customer may, for each Order, request a paper invoice instead of an electronic one. The Customer may withdraw consent to receive electronic invoices at any time.

VII. Delivery of Goods

Goods are delivered via courier services.
Delivery of Goods is limited to the territory of the European Union and is made to the address indicated by the Customer when placing the Order.
The Seller informs the Customer on the Online Shop pages, in the description of the Good, of the number of Business Days necessary to process and deliver the Order.
The Seller informs the Customer on the Online Shop pages of the delivery charges for the Good.
The delivery and processing time is calculated in Business Days.
If an Order includes different Goods with different processing times, shipment will be made within the longest of the specified times.
Information on the number of Business Days necessary to process and deliver the Order and the amount of delivery charges is also provided to the Customer in the Order acceptance confirmation.

VIII. Warranty

Goods are covered by the manufacturer’s warranty for a period of 24 months. Statutory consumer rights under Directive (EU) 2019/771 remain unaffected.
Consumable parts (which wear out during use) are not covered by the warranty.

IX. Right of Withdrawal

A Customer who is a Consumer within the meaning of Article 2(1) of Directive 2011/83/EU may withdraw from a distance contract without giving any reason by making an appropriate declaration within 14 days. The 14‑day period runs from the day on which the Good is delivered, and in the case of a contract for Services – from the day of its conclusion (Articles 9–11 of Directive 2011/83/EU).
The Customer may formulate the declaration independently or use the model withdrawal form provided as Annex No. 1 to these Terms and Conditions (Article 11(2) of Directive 2011/83/EU).
Upon receipt of the withdrawal declaration from the Consumer, the Seller will send to the Consumer’s e‑mail address a confirmation of receipt of the declaration of withdrawal.
The right of withdrawal is excluded in the cases listed in Article 16 of Directive 2011/83/EU, including in particular:
1. contracts for the supply of Goods made to the Consumer’s specifications or clearly personalised;
2. services, after the Service has been fully performed, if performance began with the Consumer’s prior express consent and acknowledgment that he/she would lose the right of withdrawal once the contract has been fully performed;
3. Goods which after delivery, according to their nature, are inseparably mixed with other items;
4. where the Consumer has expressly requested a visit from the Seller for the purpose of carrying out urgent repair or maintenance; if, on the occasion of such a visit, the Seller provides services in addition to those specifically requested by the Consumer or supplies Goods other than replacement parts necessary for the maintenance or repair, the right of withdrawal applies to those additional services or Goods;
5. contracts concluded by public auction.
In the event of withdrawal from a distance contract, the contract shall be deemed not concluded. Benefits received by the parties shall be returned without undue delay and in any event no later than 14 days:
1. for the Seller – from the date of receipt of the Customer’s declaration of withdrawal, in respect of the obligation to refund payments;
2. for the Customer – from the date of withdrawal, in respect of the obligation to return the Goods; the purchased Goods should be returned to the Seller’s address.
The Seller shall reimburse the Consumer without undue delay and in any event no later than 14 days from the day on which the Seller is informed of the Consumer’s decision to withdraw, all payments received from the Consumer, including the costs of delivery of the Good. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement (Article 13 of Directive 2011/83/EU).
The Seller may withhold reimbursement until the Seller has received the Goods back or the Consumer has supplied evidence of having sent back the Goods, whichever is the earliest (Article 13(3) of Directive 2011/83/EU).
If the Consumer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller, the Seller is not required to reimburse the Consumer for the additional costs.
The Consumer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear that cost (Article 14 of Directive 2011/83/EU).
The Customer may make changes to the Order until the Online Shop dispatches the shipment to the Customer. The Order status is visible in the Customer’s account after logging in. Where the subject of the Order is a product with individual characteristics to be made according to the specification indicated by the Customer, changes may be made until the Seller starts to perform the contract. Changes may concern cancellation of all or part of the Goods, changes to the delivery address or changes to invoice data. In the event of cancellation of the Order (in whole or in part) where payment was made in advance, the sale price (or the appropriate part thereof) will be refunded without undue delay and no later than 14 days from the date the Seller receives the Customer’s cancellation. Any change to the Order requires confirmation of acceptance by the Seller. The Customer will receive confirmation of changes or cancellation to the e‑mail address indicated when placing the Order.
If either party is in delay with performance of contractual obligations, the other party has the right to the contractual remedies available under the law of the Seller’s seat and Union law, including the right to rescind the Sales Contract after granting and expiry of an additional reasonable period for performance.

X. Cookie Policy

The website and the Online Shop www.stofftex.com do not automatically collect any information other than that contained in cookies.
Cookies are small text files stored on the user’s terminal device intended for use of websites. Cookies usually contain the name of the website from which they originate, the time for which they are stored on the terminal device and a unique number.
The entity placing cookies on the user’s terminal device and accessing them is the website owner.
Cookies on the website may be used in order to:
1. adapt the content of the website to the user’s preferences and optimise use of the website; in particular, such files allow recognition of the user’s device and proper display of the website adapted to the user’s individual needs;
2. create statistics (e.g. Google Analytics) that help to understand how users use the website, which makes it possible to improve its structure and content;
3. maintain the session of the Online Shop user (after logging in), thanks to which the user does not have to re‑enter login and password on each sub‑page.
Within the website and Online Shop www.stofftex.com, two types of cookies are used: “session” cookies and “persistent” cookies. Session cookies are temporary files stored on the user’s terminal device until logging out, leaving the website or switching off the browser. Persistent cookies are stored on the user’s terminal device for the time specified in the cookie parameters or until they are deleted by the user.
The following types of cookies are used on the websites, among others:
1. “necessary” cookies, enabling use of services available within the website, e.g. authentication cookies used for services requiring authentication within the service,
2. cookies used to ensure security, e.g. used to detect misuse of authentication within the website,
3. “performance” cookies, enabling collection of information on how the websites are used,
4. “functional” cookies, enabling “remembering” of selected user settings and personalisation of the user interface, e.g. with regard to the selected language or region, font size, website appearance, etc.,
5. “advertising” cookies, enabling delivery of advertising content better tailored to the user’s interests.
In many cases, internet browsing software (internet browser) allows cookies to be stored on the user’s terminal device by default. Website users may change cookie settings at any time. In particular, these settings may be changed so as to block the automatic handling of cookies in the browser settings or to inform of each placement of cookies on the user’s device. Detailed information on the possibilities and methods of handling cookies is available in the software settings (internet browser).
The website operator informs that restrictions on the use of cookies may affect some of the functionalities available on the website.
More information about cookies is available in the “Help” section of the browser menu. Processing of personal data via cookies is carried out in accordance with Directive 2002/58/EC (ePrivacy) and Regulation (EU) 2016/679 (GDPR).

XI. Rules for Processing Personal Data

Pursuant to Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation – GDPR), the Seller informs that:

The controller is www.stofftex.de, conducting business under the name JAROSŁAW MOZOLEWSKI, Lindenallee 4, 16307 Tantow. Contact: Monday–Friday 6:00–14:00 or at shop@stofftex.com or by telephone: +49 1573 290 1031.
No Data Protection Officer has been appointed.
Personal data will be processed for the following purposes:
1. direct marketing of services or products offered by the Controller (legal basis: Article 6(1)(f) GDPR; for electronic marketing and automated decision‑making including profiling: Article 6(1)(a) GDPR),
2. performance of contracts concluded by the Controller with the Customer or taking action at the data subject’s request prior to entering into a contract (Article 6(1)(b) GDPR),
3. compliance with legal obligations, in particular issuing and retaining VAT invoices/sales documents and other accounting documents, tax obligations and handling complaints (Article 6(1)(c) GDPR),
4. establishment, exercise or defence of legal claims (Article 6(1)(c) and/or (f) GDPR),
5. creditworthiness verification (Article 6(1)(f), and where required by law: Article 6(1)(c) GDPR),
6. pursuit of other legitimate interests of the Controller, including determining how the Customer uses the Controller’s services (Article 6(1)(f) GDPR; for automated decision‑making including profiling: Article 6(1)(a) GDPR).
Personal data will be stored for the period necessary to achieve the purposes of processing, i.e.:
1. direct marketing – until objection or withdrawal of consent,
2. performance of contracts/taking pre‑contractual steps – until completion of those activities, and thereafter for the period and to the extent required by law or necessary to secure any claims of the Controller,
3. compliance with legal obligations (in particular issuing and retaining VAT invoices/sales documents and other accounting documents, tax obligations and handling complaints) – until those obligations are fulfilled; regarding accounting and tax obligations – generally for up to 5 years from the end of the calendar year in which the tax obligation arose,
4. legal claims – for the period necessary to defend such claims as provided for by law,
5. other legitimate interests of the Controller – until objection, unless there is an overriding legitimate ground for processing, or until withdrawal of consent to the extent consent is the basis for processing. After the above periods, data will be deleted or anonymised.
Recipients of personal data may include: postal, courier/transport companies, IT service providers, the Controller’s commercial partners, consulting, legal or marketing companies, as well as entities, authorities or institutions authorised to receive data under law.
Each Customer or user of the Online Shop has the right to obtain confirmation as to whether his/her data are being processed by the Controller, and the right of access, rectification and completion, erasure, restriction of processing, data portability and to object to processing.
Where personal data are processed solely on the basis of the data subject’s consent, such consent may be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
Providing personal data is voluntary, but necessary for contract conclusion and performance and for compliance with the Controller’s legal obligations. Failure to provide personal data will prevent contract conclusion or performance or compliance with legal obligations.
Each Customer has the right to lodge a complaint with a supervisory authority if he/she considers that the processing of personal data infringes the GDPR. Within the EU, this may be the supervisory authority of the Customer’s habitual residence.
Personal data may be subject to automated processing, including profiling, on the basis of which the Controller may take decisions concerning such persons. A decision based solely on automated processing may be taken only if necessary for entering into or performing a contract, permitted by law or based on the data subject’s explicit consent.
Personal data may be transferred outside the EEA to Google LLC on the basis of appropriate safeguards, in particular the European Commission’s standard contractual clauses, for e‑commerce purposes.

XII. Complaints Regarding Goods. Liability for Defects

The Seller undertakes to deliver Goods free from defects.
With respect to Consumers, the Seller is liable for lack of conformity/defects under the principles laid down in Directive (EU) 2019/771; the national implementing provisions of the Seller’s seat apply.
With respect to Traders, statutory liability for defects may be limited to the extent permitted by law.
Complaints arising from violations of Customer rights granted by law or under these Terms and Conditions should be sent to: JAROSŁAW MOZOLEWSKI, Lindenallee 4, 16307 Tantow, Germany, or by e‑mail to shop@stofftex.com.
To enable the Seller to handle a complaint, the Customer should send or deliver the Goods complained about – if necessary for processing the complaint – and, where possible, attach proof of purchase.
If necessary for complaint processing, the Goods should be delivered or sent to the address indicated in item 4.
The Seller undertakes to process complaints within 14 days.
If the complaint does not contain information necessary for its proper processing, the Seller will request the Customer to supplement it to the necessary extent within 7 days of receipt of the complaint.

XIII. Complaints Regarding the Provision of Electronic Services

The Seller takes steps to ensure the proper functioning of the Online Shop to the extent resulting from current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
Irregularities related to the functioning of the Online Shop may be reported in writing to: JAROSŁAW MOZOLEWSKI, Lindenallee 4, 16307 Tantow, Germany, or by e‑mail to shop@stofftex.com.
The complaint should include the Customer’s name, correspondence address, and the type and description of the problem.
The Seller undertakes to process each complaint within 14 days.
If the complaint does not contain information necessary for its proper processing, the Seller will request the Customer to supplement it to the necessary extent within 7 days of receipt of the complaint.

XIV. Out‑of‑Court Dispute Resolution and Redress

A Consumer has the following possibilities to use out‑of‑court means of dispute resolution and redress:
1. he/she may contact a competent consumer dispute resolution body in his/her Member State of residence,
2. he/she may obtain free assistance from national consumer organisations,
3. he/she may submit a complaint via the EU Online Dispute Resolution platform (ODR): http://ec.europa.eu/consumers/odr/.

XV. Privacy Policy

The Seller processes the data of Customers and users of the Online Shop in accordance with applicable law, these Terms and Conditions and the Privacy Policy published at www.stofftex.de.

XVI. Final Provisions

In matters not regulated herein, the provisions of European Union law shall apply, in particular Directive 2000/31/EC (e‑commerce), Directive 2011/83/EU (consumer rights), Directive (EU) 2019/771 (sale of goods) and, where applicable, the law of the Seller’s seat (Germany).
The settlement of any disputes arising between the Seller and a Consumer shall be subject to the mandatory provisions of the law of the Consumer’s Member State of residence and applicable procedural provisions; for Traders, jurisdiction is the court having jurisdiction over the Seller’s seat.
These Terms and Conditions are available on www.stofftex.de in a manner enabling continuous access, reproduction and saving of their content by printing or saving to any medium at any time.
The Seller informs that using services provided by electronic means entails risks on the part of all internet users. This consists of the possibility of malicious and harmful software being installed and data being obtained and modified by unauthorised persons. To avoid such risks, the Customer should use anti‑virus programs and a firewall that will prevent or minimise their occurrence.
The Seller reserves the right to amend the Terms and Conditions for at least one of the following important reasons:
1. introduction of new or amendment of generally applicable legal provisions to the extent that such changes affect these Terms and Conditions,
2. introduction of a new or amended interpretation of legal provisions resulting from court judgments and guidelines, recommendations, resolutions or decisions of public authorities or regulators, to the extent that such changes affect these Terms and Conditions,
3. the need to clarify provisions of the Terms and Conditions due to doubts raised by Customers or users,
4. the need to streamline the use of the Online Shop,
5. a change in the scope of services provided under the Terms and Conditions by introducing new services or withdrawing or changing the functionalities of existing services, provided that proper performance of the contract is ensured.
Users will be informed of amendments by a clear notice posted in the Online Shop.
Amendments to the Terms and Conditions are binding on the Customer provided that:
1. the Customer has been properly informed and has not terminated the account service contract within 14 days of being notified of the change, or
2. the Customer has been properly informed and has accepted the amended content before the end of the 14‑day notice period.
After amendments to the Terms and Conditions, purchasing another Good is possible only after acceptance of the new version.
The Customer may terminate the contract for maintaining the Account with immediate effect and without giving reasons by sending an appropriate declaration by e‑mail to shop@stofftex.com.
The Seller may terminate the Services referred to in item V.1 if the Customer persistently violates the Terms and Conditions, in particular by providing unlawful content, after an unsuccessful single request to cease with a reasonable deadline. In such a case, the contract shall expire 30 days after termination. If necessary to prevent further violations, the Seller may block access to the Services subject to termination during the notice period.
These Terms and Conditions enter into force on 1 January 2025.