General terms and conditions of business

1. Scope

(1) The following terms and conditions apply to all contracts concluded by consumers via this online shop. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity (Section 13 of the German Civil Code).

(2) The offers in this online shop are only directed at consumers. A consumer is someone who concludes the contract for a purpose that cannot be attributed to his commercial or independent activity.

2. Contracting parties, conclusion of contract, delivery area

(1) The customer’s contractual partner is Himalaya Textilhandels GmbH, Managing Director: Sonja Frieborg, Röthbargweg 2b (Bei der Braaker Mühle), 22145 Braak.

(2) The product offers presented in our online shop do not constitute binding contractual offers, but a non-binding online catalog. The offer to conclude a purchase contract is made by you when you click the "Buy now" button at the end of the ordering process. Up to this point, the ordering process is non-binding. Once you have selected a product, you can place it in a virtual shopping cart without obligation by clicking the "Add to cart" button. You can display the contents of your shopping cart at any time by clicking the "Shopping cart" shopping cart symbol and the "View shopping cart" button. There you can delete each individual product in the shopping cart from the shopping cart by clicking the "Remove" button and change the quantity using the "Quantity" input field. After clicking the "Checkout" button, you can register as an already registered customer by entering the registration data or continue shopping as a guest by entering the required data. After entering the shipping information and selecting the payment method, the contents of the order will be summarized for you in an order overview before you place an order. You can also correct all order data there using the "back" button. Only when you click on the "Buy now" field do you make a binding offer to us to conclude a purchase contract. After placing your order, you will receive an automatically generated email from us confirming receipt of the order and listing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract. A contract is only concluded when an order or shipping confirmation is sent, or at the latest when the goods are delivered.

(3) You are obliged to provide the data requested during registration or ordering (e.g. name, address, e-mail address, payment information, etc.) completely and truthfully.

(4) This online shop only delivers to customers within the Federal Republic of Germany. Interested parties from other countries should contact us by telephone or email.

3. Prices, shipping costs

(1) The prices stated in our online shop include statutory sales tax. The prices at the time of your order are decisive.

(2) You must pay the shipping costs in addition to the price of the goods. The amount of the shipping costs can be found via the "Shipping costs" link, which you will find on every individual page and for every product offer. In addition, the shipping costs are displayed on the order overview before you place your order.

4. Payment

(1) Payment is generally made at your discretion by

• Payment in advance
• Credit card
• Instant bank transfer
• Paypal
• KLARNA purchase on account

Until the contract is concluded, we reserve the right to exclude certain payment methods, even for existing customers, and in particular to make the conclusion of the contract dependent on payment in advance.

(2) The following applies to the individual payment methods:

• Payment in advance
  If you choose to pay in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
• Credit card
  Your credit card will be charged at the time we ship the goods to you.
• Instant bank transfer
  SOFORT Überweisung allows you to pay by online transfer via your bank's or savings bank's online banking. You can use this payment method if you have a current account with a participating bank or savings bank that is registered for online banking. You will be directed from the online shop directly to online banking and can use it to make the transfer.
• Paypal
  You pay the invoice amount via the online provider PayPal. You must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us (except for guest access). You will receive further information during the order process. We would like to point out that the PayPal payment system is PayPal's own website, for which PayPal is solely responsible and liable. Please also note the data protection information there.
• KLARNA purchase on account
  When purchasing on account with Klarna, you will receive the goods first and then have a payment period of 14 days from the dispatch of the goods. Payment is made directly to Klarna.
  After completing your order, you will be redirected to the Klarna website, where you can enter your personal details and confirm payment on account. Klarna carries out an identity and credit check to assess your ability to pay. Please note that Klarna makes an independent decision about approving the purchase on account. If your payment with Klarna is not approved, we will offer you alternative payment methods.
  The invoice will be sent to you by Klarna via email. Please make sure your email address is correct to ensure receipt of the invoice.
  There are no additional fees for paying by invoice with Klarna. However, please note that late payment may incur interest and reminder fees.
  If you have any questions about your invoice or problems with your payment, please contact Klarna customer service directly. You can find the contact details on your invoice and in the confirmation email you receive from Klarna.
  We reserve the right not to offer certain orders via purchase on account and to refer to other payment methods instead.

(3) If you are in default of payment, we will charge statutory default interest of 5 percentage points above the respective base interest rate (Section 288 of the German Civil Code). We reserve the right to claim higher damages.

5. Delivery

(1) For products that are available for immediate delivery, the goods will be dispatched within 2-3 working days after receipt of the order.

(2) If an ordered item cannot be delivered because our supplier does not deliver it, does not deliver it correctly or does not deliver it on time despite their contractual obligation, through no fault of our own, we are entitled to withdraw from the contract. We will inform the customer immediately that the ordered goods are not available or will only be available at a later date. In the event of withdrawal, we will immediately refund any payments already made.

6. Information on returning packaging

As a consumer, you are entitled to return sales packaging free of charge in accordance with the statutory provisions (Packaging Ordinance). We are registered in the dual system through Veolia Umweltservice GmbH.

7. Right of withdrawal for consumers

(1) Consumers have a statutory right of cancellation in accordance with the following instructions. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity (Section 13 of the German Civil Code).

use the attached model cancellation form , although this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us, Himalaya Textilhandels GmbH, Röthbargweg 2b, 22145 Braak near Hamburg, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

(2) Exclusion of the right of withdrawal

We would like to point out that a right of withdrawal according to § 312g paragraph 2 sentence 1 BGB does not exist, among other things,

• for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Section 312g Paragraph 2 Sentence 1 No. 1 BGB). You cannot revoke the contract for such contracts.

Section 312g paragraph 2 sentence 1 BGB provides for further cases in which a statutory right of withdrawal does not exist, but which are not relevant for contracts concluded via this online shop.

8. Retention of title

The delivered goods remain our property until they have been paid for in full.

9. Rights in the event of defects, limitation period

(1) In the event of a defect in the purchased item, the statutory provisions shall apply, including the limitation periods for claims for defects.

(2) If a manufacturer's guarantee exists in addition to the statutory guarantee to which the customer is entitled, this does not restrict the rights to a warranty against defects against us as regulated by law. If a manufacturer's guarantee exists, we will enclose more detailed information on the content and enforcement of the guarantee with the shipment of goods.

10. Availability of General Terms and Conditions, Storage of Contract Text, Contract Language

(1) You can access or print these General Terms and Conditions at any time using the link provided on every page. You can save and/or print the contents of your order immediately after placing the order. Registered customers can view current or completed orders later after placing the order via their user account, which can be accessed via the login button. We will provide you with the contractual provisions, including these General Terms and Conditions, in text form after placing your order with the confirmation of receipt, or at the latest with delivery. We save the contract text to process your order.

(2) The contract language is German.

11. Data protection

(1) We collect and store the customer's data necessary for business transactions. When processing the customer's personal data, we comply with the statutory provisions. Further details can be found in the data protection declaration available on our website.

(2) The customer will receive information about the data stored about him/her at any time upon request.

12. Provider identification, address for service, contact

The provider of this website is

Himalaya Textilhandels GmbH
Managing Director: Sonja Frieborg
Röthbargweg 2b (near the Braaker Mill)
22145 Braak near Hamburg

Phone: 040/ 524 77 5181
E-mail: service AT himalayashop.de