1. Scope
1.1 These General Terms and Conditions of ORITOP GmbH (hereinafter referred to as “ORITOP”) apply to all purchase contracts based on offers made by ORITOP on its website www.carpetiers.com.
1.2 The applicability of any terms and conditions of the customer is expressly excluded, even if ORITOP does not explicitly object to them and/or performs services without objection, or if the customer has stipulated a special form of objection for their conflicting terms and conditions.
2. Creation of a Customer Account
2.1 In order to place orders, conclude and process purchase contracts for handmade carpets and flat weaves from ORITOP (hereinafter referred to as “carpets”), the customer must accept these General Terms and Conditions (available at www.carpetiers.com/AGB) and the privacy policy (available at “www.carpetiers.com/Datenschutzerklärung”), and must provide complete and truthful personal data requested on the website www.carpetiers.com.
2.2 For registration, the customer must also choose a personal username and password. These must not infringe third-party rights, name or trademark rights, or public decency. The customer is obliged to keep the password confidential. If there is any suspicion that access data has been used by a third party, the customer must inform ORITOP immediately.
2.3 Registration on the website does not create any purchase obligation. The customer may request deletion of their stored data at any time by contacting ORITOP via post (to the address in the legal notice) or email (to the email address in the legal notice).
2.4 There is no entitlement to registration.
2.5 If the customer is already registered, they must update their data in the event of changes, at the latest when placing a new order.
3. Ordering Process
3.1 The customer selects carpets offered on the website “www.carpetiers.com”, including optional features (such as size and color), and the desired quantity. By clicking the “Add to cart” button, the selected carpet is stored in the shopping cart. By clicking “Continue shopping”, additional carpets can be added. The customer can review, remove, or modify quantities in the cart.
3.2 By clicking the “Checkout” button, the customer confirms the selected carpets, the total price including all taxes and charges, any additional delivery/shipping costs (or their possible occurrence if not calculable in advance), the shipping method (DHL), and the payment method (PayPal, credit/debit card, eps transfer, prepayment). The customer may specify a delivery address different from the one stored. Continuing the order requires acceptance of these Terms and Conditions (including the statutory withdrawal notice).
3.3 Before submitting the binding order, the customer can review and correct their details. The finalized order can be printed and saved.
3.4 By clicking “Order with obligation to pay”, the order becomes legally binding.
3.5 The automatically generated confirmation of receipt only confirms that the order has been received; it does not constitute acceptance. Acceptance occurs only when ORITOP sends an order confirmation email.
3.6 Order data can be viewed at any time via the customer account.
4. Conclusion of Contract
4.1 The presentation of products on the website is non-binding and does not constitute an obligation to accept orders. The customer’s order represents a binding offer.
4.2 A binding contract is only concluded when ORITOP sends the order confirmation email. The customer is bound by their order for two working days, or seven working days in the case of prepayment. If no confirmation is received within this period, the offer becomes void and any payments must be refunded.
5. Purchase Price / Payment Terms
5.1 The total purchase price is stated in the order and confirmation. It includes packaging and statutory VAT.
5.2 Shipping costs apply for deliveries outside Austria and Germany and are shown separately.
5.3 Deliveries outside the EU may incur customs duties, which are borne by the customer.
5.4 For PayPal payments, the amount is due immediately.
5.5 For credit/debit card or eps transfer, the amount is charged after the order.
5.6 For prepayment, payment must be made within seven days.
5.7 Invoices are sent electronically via email.
5.8 Only payments from EU bank accounts are accepted; transaction costs are borne by the customer.
6. Delivery Conditions
6.1 Delivery takes place within three working days after receipt of payment.
6.2 Shipping is carried out by a logistics partner to the specified address.
6.3 Delivery times may be extended due to force majeure or other unforeseen circumstances.
6.4 If delivery fails due to customer-related issues, the customer bears the costs.
7. Transfer of Risk
7.1 For consumers, risk passes upon delivery to the customer.
7.2 For businesses, risk passes upon handover to the carrier.
8. Right of Withdrawal (Consumers)
Consumers may withdraw from the contract within 14 days without giving reasons.
The withdrawal period begins upon receipt of goods (or last delivery in case of multiple shipments).
To exercise the right, the customer must inform ORITOP via clear declaration (e.g., email or letter).
Consequences:
Payments including standard delivery costs are refunded within 14 days. The customer bears return shipping costs.
9. Warranty
9.1 Products may differ slightly from images.
9.2 Colors may vary depending on lighting.
9.3 Sizes may vary by up to ±5% due to handmade production.
9.4 Care instructions must be followed.
9.5 Statutory warranty applies; no warranty for improper use or wear.
9.6 As all carpets are unique, replacement is not possible; only repair or withdrawal.
9.7 Warranty period: 2 years.
9.8 For businesses, Austrian Commercial Code (§377 UGB) applies.
9.9 No guarantees are provided.
10. Liability
10.1 ORITOP is liable only for intent and gross negligence (exceptions apply for personal injury).
10.2 No liability for uninterrupted availability of the website.
11. Jurisdiction
The competent court at ORITOP’s registered office has jurisdiction, unless consumer law provides otherwise.
12. Dispute Resolution
ORITOP participates in mediation via the Austrian Internet Ombudsman (www.ombudsstelle.at).
However, ORITOP is not obliged to participate in consumer arbitration proceedings and does not take part in them.
13. Miscellaneous
13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 Contract language is German.
13.3 If any provision is invalid, the remainder remains effective.