Terms & Conditions

1. INTRODUCTION

This document (together with the documents referred to herein) sets out the terms and conditions governing the purchase of products via the website www.rugbloom.com (hereinafter "Terms") byconsumerswithinGermany.

You should read these Terms, our Cookies Policy and our Privacy Policy (hereinafter collectively "Privacy Terms") carefully before purchasing any products. By placing an order through this website you agree to these Terms and our Privacy Policy. If you do not agree to the Terms and the Privacy Policy, you cannot use this website.

These Terms are subject to change by us. You are required to read the Terms on a regular basis, as the applicable Terms are those in force at the time a contract is concluded (see below).

If you have any questions about the Terms or Privacy Policy, you can contact us via our web form.

You can enter into the contract in either German or English (see below).

2. OUR DETAILS

The sale of goods via this website is carried out by Akhavan Farshtchi GmbH, a German company with its registered office at Lademannbogen 22, 22339 Hamburg, registered in the Commercial Register of the Hamburg District Court under HRB 44612 with the VAT identification number DE 118 5320 64.

3. YOUR DETAILS AND USE OF THIS WEBSITE

The information and personal data you provide will be processed in accordance with the GDPR. By placing an order through this website, you consent to the processing of your information and details, and warrant that all information and details submitted are accurate and correct.

4. USE OF OUR WEBSITE

By placing an order through this website you agree:

To use the website exclusively for legitimate enquiries and orders. Not to place false or fraudulent orders. If we have a reasonable basis to believe that such an order has been placed, we have the right to cancel the order and notify the relevant authorities. To provide us with your correct and complete email address, postal address and/or other contact details and you further agree that we may use this information to contact you, if necessary, regarding your order (see our Privacy Policy ).

If you do not provide us with all the information we require, you will not be able to place an order.

By placing an order through this website, you warrant that you are at least 18 years old and are legally permitted to enter into contracts.

5. CONTRACT CONCLUSION

The information contained in these Terms and the information contained on the website do not constitute an offer for sale but an invitation to enter into transactions. A contract for any product will not be formed between you and us until your order has been expressly accepted by us. If we do not accept your order, any amounts already debited from your account will be refunded in full.

To place an order, you must complete the online checkout process. You will find a detailed description of the purchase process in the Shopping Guide . Once you have added one or more items you wish to purchase to the shopping basket, you can proceed with the order. To do this, follow the steps of the purchase process, completing or checking the information required for each step. In addition, you can change the details of your order during the checkout process before payment and correct any errors that may have occurred. The next step is to process the order and make the payment. The ordering process is completed by clicking the "Order subject to payment” button. You will then receive an email/SMS from us confirming receipt of your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted as your order represents your offer to purchase one or more products from us. All orders require acceptance by us, which is done by sending you an email/ sms confirming that the order has been dispatched ("Dispatch Confirmation"). The contract for purchasing a product ("Contract") is only concluded when we have sent you the Dispatch Confirmation.

The contract only applies to those items listed in the Dispatch Confirmation. We are not obliged to deliver any further ordered items to you until the dispatch of these items has also been confirmed in a further Dispatch Confirmation.

If you are logged in as a user, you can find a listing of all the orders you have placed under "My account".

6. RESERVATION OF RIGHT OF REFUSAL

We reserve the right to remove products from the website at any time and to remove or modify any materials or content thereon. Although we always make every effort to process all orders we receive, exceptional circumstances may mean that we have to decline to process an order after sending an Order Confirmation. We reserve the right to do so at any time at our discretion.

We will not be liable to you or to any third party for the removal of any product or alteration of any material or content on this website or for the rejection of any order after an order confirmation has been sent.

7. DELIVERY

All orders of products are subject to availability. Unless there are exceptional circumstances, we will endeavour to deliver the products specified in the Dispatch Confirmation before the delivery date specified therein or, if no delivery date is specified, within the estimated period shown when you selected the delivery method and, in any event, within a maximum period of 30 days from the date of the Dispatch Confirmation.

Nevertheless, delays may occur due to customised items, the occurrence of unforeseen circumstances or because of the scope of delivery.

For electronic voucher cards (hereinafter "eCard"), delivery is on the date you specify when placing the order.

If for any reason we are unable to meet the delivery date, we will inform you and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the amount already paid. Please note that we do not deliver to your home on Sundays. Only the eCard is an exception to this. This will be sent to the email address you provide on the date you select on our website.

For the purposes of these Terms, "delivery" shall be deemed to have taken place or the order to have been "delivered" as soon as you or a third party nominated by you has taken possession of the goods. This is evidenced by signing the acknowledgement of receipt of the order at the delivery address you have provided.

8. UNDELIVERABLE ORDERS

If your order cannot be delivered after several attempts for reasons beyond our control, it will be returned to us. In this case, we assume that you wish to withdraw from the contract, which then automatically converts into a debtor/creditor relationship. As a consequence of this, we will immediately, but no later than 14 days after withdrawal, refund all payments received from you, including shipping costs (with the 3 exception of additional costs resulting from the fact that you have chosen a delivery method other than the standard delivery method offered by us).

If you completed the order via any of the digital devices available in Rugbloom stores and made the payment at the store’s checkout, please contact our customer service department.

This clause does not apply to the eCard, the delivery of which is subject to the provisions in the Terms and Conditions of Use for Voucher Cards and the provisions in Clause 8 above.

9. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

From the time of delivery, the risk of accidental loss and accidental deterioration of the products shall pass to you.

Ownership of the products shall not pass to you until payment in full of all sums due in respect of the products, including delivery charges, or upon delivery (see Clause 8 above) if this occurs at a later date.

10. PRICE AND PAYMENT

10.1. GENERAL

The purchase price for the products will be as stated on our website at all times unless there is an obvious error. Although we make every effort to ensure that all prices quoted on the website are correct, errors may occur. If we discover an incorrect price on a product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will receive a full refund of all amounts already paid.

There is no obligation on our part to sell you any product at an incorrect lower price (even if we have already sent you a Dispatch Confirmation) if the error in the price is obvious and unmistakable and the incorrectness of the price was reasonably apparent to you as an error.

The prices stated on the website are inclusive of VAT but exclusive of shipping costs. These will be added to the total amount due according to the information on shipping costs in our Shopping Guide. The total price including the purchase price for the products, shipping costs and VAT will be displayed before you finally place your order.

Prices are subject to change at any time. However, unless otherwise stated above, such price changes will not affect orders placed by you for which we have already sent you an Order Confirmation.

If you pay via PayPal or Sofort, the charge will be made at the time we confirm your order.

By clicking the "Order subject to payment” button, you confirm that you are the legal owner of the credit card , voucher card or eCard.

Credit cards are subject to validity checks and authorisation queries by the respective credit card institute. If the latter does not authorise payment to us or to the service provider entrusted with payment processing in accordance with Clause 10.2, we will not be liable for any delays or non- deliveries, and may not be able to enter into a contract with you.

10.2. PAYMENT PROCESSING

Payment can be made by Visa, MasterCard, American Express and PayPal. In addition, you can pay the entire amount or a partial amount with a voucher card or eCard. In addition, payment for the order can be made via "cash on delivery", using all payment methods offered in Rugbloom store in Germany.

To minimise the risk of unauthorised access, your credit card data is encrypted. Once we have received your order, we or our appointed service provider will request provisional approval of the payment from the credit institution to ensure that the funds required to complete the transaction are available. Your credit card will only be charged at the time your order leaves our warehouse.

11. GUEST PURCHASES

On this website, shopping is also possible via the guest purchase option. During this purchase process, only data that is indispensable for processing your order is requested. After completing the purchase process, you will be offered the choice of registering as a user or continuing as a guest.

12. RIGHT OF WITHDRAWAL AND RETURN

12.1. Legal right of withdrawal

12.2. Contractual right of return

In addition to the statutory right of withdrawal for consumers and users under Clause 12.1 above, we grant you a contractual right of return. This allows you to return the items to us within a period of 31 days from the date of dispatch of the goods. You bear the direct costs of returning the goods.

The items must be in perfect original condition, with intact labels.

We will check the returned items and inform you of your right to a refund of the amounts paid for the returned items. The refund will be made as soon as possible, in any case, within 14 days from the date you returned the goods to us. The purchase price will be refunded using the same method as to pay for the purchase. Therefore, the corresponding card is required for credit card payments. If a gift voucher is presented, you will receive a credit card that is valid exclusively in Germany for an indefinite period of time to purchase goods in Rugbloom store or on www.rugbloom.com . The credit card balance can neither be refunded or paid out.

Please note that you can only exercise your right to return products that were returned in the same condition as you received them. If the use of an item goes beyond mere examination, as may be the case in a physical store, no refund will be given for damaged items or items that are not in the same condition as when you received them.

Furthermore, you cannot return any of the following items:

Items adapted to customer requirements. Sealed goods that are not suitable for return for hygienic reasons and have been unsealed after delivery. Goods purchased abroad.

12.3. Right of withdrawal and return for orders from abroad

We would like to inform you that under no circumstances (with the exception of cases under statutory warranty law, to which this regulation does not apply) are we obliged to reimburse shipping costs to places other than the original delivery address or return shipping costs from outside Germany.

13. LIABILITY AND DISCLAIMER

Claims for damages on your part are excluded. Excluded from this are:

Damages resulting from injury to life, body or health that are based on a breach of duty on our part or a breach of duty by one of our legal representatives or our vicarious agents and other damages based on an intentional or grossly negligent breach of duty on our part or on the part of one of our legal representatives or vicarious agents.

In the event of a negligent breach of contractual obligations, the fulfilment of which is essential for proper performance of the contract and on the observance of which you as the customer may regularly rely (so- called cardinal obligations), our liability shall be limited to compensation for foreseeable, typical damage. The provisions of the Product Liability Act shall remain unaffected.

Subject to the preceding section and unless otherwise specified in these terms and conditions, in the case of contracts with companies within the meaning of Section 11 of the German Civil Code (BGB), we do not accept any liability in particular for the following losses:

Loss of earnings or turnover Business losses Profit or contract losses Losses from expected savings Losses of the data transmitted to us; and Loss of administrative or office time

The limitations of liability do not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies insofar as we have reached an agreement with you on the condition of the item. The provisions contained in this Clause do not affect your rights as a consumer and customer, nor your right to withdraw from the contract.

14. WARRANTY

All product descriptions, information and materials posted on this website are provided "as is" and without warranties, express or implied, thereon, except as provided by law. If you conclude a contract in this sense as a consumer or customer, we are obliged to deliver goods in accordance with the contract. The goods are in conformity with the contract if they (i) correspond to our description and quality as shown on our website, (ii) are suitable for the purposes for which items of this type are usually used and (iii) are of the quality as is usual and reasonably to be expected for this type of item.

The products we sell , often have the characteristics of the natural materials used in their manufacture. These characteristics - such as variations in fibres, texture, knots and colours - are not considered defects or damage. We only select the highest quality products. However, natural characteristics are unavoidable and should be accepted as part of the individual nature of the item.

15. INTELLECTUAL PROPERTY

You hereby acknowledge and agree that we or our licensor retain at all times all copyright, trademarks and all other intellectual and industrial property rights in any material or content provided to us as part of the website. You may only use this material in accordance with the express permission granted by us or our licensor. This provision does not prevent you from using this website to the extent necessary to copy information relating to your orders or contact details.

16. VIRUSES, PIRACY AND COMPUTER ATTACKS

You must not knowingly misuse this website by introducing viruses, Trojan horses, worms, logic bombs or any other software or material that is harmful or technologically harmful. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any other server, computer or database connected to this website. You agree not to attack this website by means of a denial of service attack or a distributed denial of service attack.

Failure to comply with this Clause may constitute the committing of a criminal offence under applicable regulations. We report any such breach of these legal requirements to the relevant authorities and work with them to track down offenders. If you breach this Clause, your authority to use this website will be immediately withdrawn.

We will not be liable for any damage or loss as a result of a denial of service attack, virus or other software or materials that are harmful or technically damaging to your computer, equipment, data or materials caused when using this website or downloading any content from this website or any linked websites.

17. LINKS ON OUR WEBSITE

Subject to the provisions on limitation of liability, we are not liable for the content and design of third- party websites linked to our website. The links are for information purposes only and are an additional service. In particular, we do not adopt the contents of the linked websites as our own. Furthermore, there is no obligation on our part to regularly check the contents of the linked websites. At the time of linking by us, no illegal contents were recognisable on the linked websites.

18. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or notices we give to you must be in writing. By placing an order via this website, you accept that communication with us will be predominantly by electronic means, such as email. For contractual purposes, you agree to this form of electronic communication and acknowledge that all contracts, invoices, notices, information and other communications that we provide to you in electronic form shall be deemed to comply with the legal requirement that such communications be in writing. Your statutory rights remain unaffected by this provision.

19. COMMUNICATIONS

All communications that you send to us should preferably be sent to us via our email address. Subject to the provisions of Clause 16 above and unless otherwise specified, we may give you notices either by email or by delivery to your postal address provided to us when you place an order.

A notice shall be deemed to have been received and duly given within 24 hours after an email has been sent or three days after the date of dispatch of a letter . In order to prove receipt of sent communications, it is sufficient to provide evidence that - in the case of a letter - this letter was properly addressed, stamped and posted, and - in the case of an email - that this email was sent to the specified email address for the recipient.

20. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on both you and us and on our respective successors, assignees and heirs.

You may not assign or otherwise dispose of any contract or any of your rights or obligations under such contract without our prior written consent.

At any time during the term of the contract we may assign or otherwise dispose of the contract and any of our rights or obligations under it. If this results in a complete replacement of the contracting party on our side or at least a complete transfer of all our obligations to a third party, you have the right to withdraw from the contract. For the avoidance of doubt, any such transfer, assignment or other disposition shall not affect your statutory rights as a consumer, as applicable, and shall not waive, reduce or otherwise limit any statutory warranty or any express or implied warranty to you.

21. FORCE MAJEURE EVENTS

We will not be liable or responsible for any failure or delay in performing our obligations under a contract caused by events beyond our control ("Force Majeure Event").

Force majeure includes any act, event, non-occurrence, omission or accident beyond our control, including but not limited to the following:

Strikes, lockouts or other industrial action Riots, insurrections, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or the threat of or preparation for war Fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters Impossibility of using railways, ships, aircraft, motor transport or any other means of public or private transport Impossibility of using public or private telecommunications systems Introduction or amendment of legislation, decrees, laws, regulations of governments or authorities Any strikes, breakdowns or accidents in maritime or inland transport, postal services or any other type of transport

Our obligation to perform the contract shall be deemed to be suspended for the period during which the force majeure event continues and we shall be entitled to an extension of the performance period equal to the duration of that period. We will use our best endeavours to end the force majeure event or to find a solution that will enable us to perform our obligations under the contract despite a force majeure event.

22. WAIVER

If at any time during the term of the contract we fail to insist on strict performance of your obligations under the contract or these Terms, or if we fail to exercise any rights or remedies available to us under the contract or these Terms, this will not constitute a waiver of those rights and remedies or a limitation of those rights or remedies and will not relieve you from performing them.

Any waiver by us of any right or remedy shall not constitute a waiver of any other right or remedy arising under this contract or these Terms.

No waiver by us of any of your obligations under this contract or these Terms will be effective unless you are expressly notified that it is a waiver by us and such notice is in writing as set out in the Notices section above.

23. SCOPE OF THE CONTRACT

These Terms and any documents referred to in them (Privacy Policy, Cookies Policy), constitute the entire agreement between you and us in relation to the purpose of the contract and supersede any prior agreements, arrangements or understandings between you and us, whether oral or written.

You and we acknowledge that neither you nor we will rely on any statement or understanding made by the other party or inferred from any particulars or documents of the negotiations which took place between you and us prior to the formation of the contract, except as expressly stated in these Terms.

Neither you nor we shall have any remedy in respect of any false statement made by the other party orally or in writing before the date of the contract (unless such false statement was made fraudulently). The other party's sole remedy shall be the remedy applicable to breach of contract as provided in these Terms.

24. OUR RIGHT TO AMEND THESE TERMS

We may revise and amend these Terms at any time.

You will be subject to the rules, Terms and Privacy Policy in force at the time you place an order, unless it is necessary by law or governmental authority to change those rules, Terms or Privacy Policy. In this case, possible changes will also apply to orders previously placed by you.

25. LAW AND JURISDICTION

The use of our website and all contracts for the purchase of products via our website are subject to German law.

All disputes arising out of or in connection with the use of the website or these contracts shall be subject to the exclusive jurisdiction of the German courts.

Your rights as a consumer under German law remain fully applicable.

26. COMMENTS AND SUGGESTIONS

We always welcome your comments and suggestions. Please send us all comments and suggestions via our website.

If you feel that your rights as a buyer have been violated, you can send your complaint to us by email at the address info@rugbloom.com in order to seek an out-of-court settlement.

If you have made an online purchase through our website, we hereby inform you in accordance with the European Regulation (EU) No. 524/2013 that you are entitled to pursue a settlement of the consumer dispute out of court via the online dispute resolution platform, which is available at the internet address “http://ec.europa.eu/consumers/odr/”.

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

Last updated 07.03.2023