Terms of Trade

GENERAL TERMS AND CONDITIONS OF BUSINESS, DELIVERY, AND PAYMENT of Småfolk

(As of: August 2025)

Contractual Partner

Your contractual partner is Småfolk A/S, Industrivej 59, 4683 Rønnede, Denmark. Småfolk is a sole proprietorship.
You can reach us by phone: +45 71 99 66 97, Email: info@smafolk.dk. Småfolk is registered in the Danish Central Business Register CVR under the number DK40453865.

§ 1 Scope
Our general terms and conditions of business, delivery, and payment (hereinafter referred to as GTC) apply to all current and future business relationships between our company and you as our customer. Our GTCs apply to consumers and entrepreneurs. A consumer according to § 13 BGB (German Civil Code) is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur according to § 14 BGB is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. Our GTCs apply both to purchases made through our online shop, which can be found at info@smafolk.dk, and to written and telephone orders.
General terms and conditions of our customers are not binding for us. These are only to be observed by us if we expressly confirm their inclusion in writing. By delivering our goods, we do not recognize any deviating terms and conditions of our customer.
In addition, in the case of contractual gaps that require supplementation, our GTCs, the uniform conditions of the German textile industry in their currently valid version, apply subsidiarily.

§ 2 Conclusion of the Contract
Conclusion of the contract via our online shop
The goods and price and article descriptions available for retrieval by us on the internet in the online shop, as well as the offers in our brochure, do not constitute an offer within the meaning of § 145 BGB. By placing your order, you submit a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by e-mail or by delivering the ordered goods. You will first receive a confirmation of receipt of your order by e-mail to the e-mail address you provided (order confirmation). This order confirmation does not yet constitute an acceptance declaration. A purchase contract is only concluded with the dispatch of our order confirmation by e-mail to you, or with the delivery of the ordered goods.
The order in our online shop comprises a total of 4 steps. In the first step, you select the desired product or products. In the second step, you enter your customer data, including the delivery address and, if applicable, the billing address. In the next step, you choose how you want to pay. In the last step, you have the opportunity to review all information (e.g., name, address, payment method, ordered items) again and correct them if necessary, before sending your order to us by clicking on "Buy".

§ 3 Prices, Shipping Costs, Return Costs in case of Revocation

The prices stated by us include the respective valid VAT as well as additional packaging and shipping costs. We will show you the packaging and shipping costs for your specific order during the ordering process. If this is not possible, you can inquire about the applicable shipping costs by phone or email.

All shipments within Germany are sent with UPS as an insured package.

Orders under €100: Shipping costs €5
Orders from €100: free shipping

👉 Please note: This website (www.smafolk.de) is exclusively for orders from Germany. Customers from other countries (e.g. Austria) please order via www.smafolk.eu.

If our customer has chosen payment in advance, we expect payment within 7 days of receipt of the order by us. If payment by invoice has been offered and chosen, payments are due net no later than 10 days after the invoice date. After this period, our customer automatically defaults. We are then entitled to demand interest from consumers at a rate of 5 percentage points above the respective base interest rate from the 11th day after the invoice date. If our customer is an entrepreneur, we are entitled to demand interest at a rate of 9 percentage points above the base interest rate from the 11th day.

If you exercise an existing right of revocation, we will bear the costs of the return shipment.

§ 4 Warranty
The warranty period for used goods is 12 months from the transfer of the goods to the buyer; for new goods, it is 24 months from the transfer of the goods to the buyer. If the customer is an entrepreneur, a warranty period of 12 months is also agreed for new goods.
This one-year warranty period for a customer who is an entrepreneur does not apply if we have culpably caused damage to life, body, or health, or in cases of gross negligence and intentionally caused damage, or in cases of fraudulent intent on our part, as well as for recourse claims according to §§ 478, 479 BGB.
Towards consumers, our warranty obligation is governed by the provisions of the German Civil Code (BGB). We do not warrant minor deviations of the goods from samples, models, catalogs, or brochures in terms of form, color, or equipment. Improvements to the goods by us are always permissible.
In the event of justified complaints from a buyer who is an entrepreneur, we have the choice to fulfill the customer's warranty claim by rectification or replacement delivery. Only after two attempts at rectification is the subsequent performance deemed to have failed. In this case, the customer, who is an entrepreneur, can withdraw from the purchase contract or demand a reduction in price. If the costs of subsequent performance increase for an entrepreneur because the purchased item has been moved to a location other than the recipient's domicile or commercial establishment after delivery, our buyer bears the additional costs of subsequent performance. This does not apply if the movement of the purchased item to another location corresponds to its intended use. Further claims of the buyer who is an entrepreneur do not exist.
If our customer is an entrepreneur, a quality of the goods is only agreed upon if this is expressly done. Advertising, promotion in the online shop, public statements, or other advertising do not constitute a quality agreement. The quality descriptions and characteristics of our goods are not quality agreements or assurances within the meaning of German law.
We would like to point out to our customers at this point that our goods always come with care and use instructions. These care and use instructions must be read carefully before use and the instructions for use and care must be followed accordingly. Warranty claims therefore do not exist for you if damage occurs due to improper handling, misuse, or non-observance of the care and use instructions.

§ 5 Right of Revocation for Consumers
You have the right to revoke this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the last goods. To exercise your right of revocation, you must inform us, Småfolk A/S, Industrivej 59, 4683 Rønnede, Denmark, telephone +45 71 99 66 97, email info@smafolk.dk, by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form, but this is not mandatory. You can also fill out and submit the sample revocation form or another clear statement electronically on our website www.smafolk.de / Widerrufsbelehrung. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g., by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which the notification of your withdrawal from this contract has reached us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
You only have to pay for any diminished value of the goods if this diminished value is due to handling the goods in a way not necessary to ascertain the nature, characteristics, and functioning of the goods.
End of withdrawal instructions

§ 6 Retention of title
Our goods remain our property until full payment of the purchase price. Ownership of the ordered goods transfers to the buyer only upon full payment of the purchase price. The buyer undertakes not to dispose of the goods by sale, pledging, rental, lending, or any other means until full payment of the purchase price. Our customer undertakes to notify us immediately if the item is seized or claimed by a third party.
All costs incurred for the removal of seizures and retentions and for the recovery of the item must be reimbursed to us by the buyer, provided that our customer has culpably caused these costs. If our customer is an entrepreneur, it is additionally agreed that the reserved title remains in effect until all claims from the ongoing business relationship have been fully settled.
Furthermore, pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods. Our customer, who is an entrepreneur, is hereby permitted to resell the goods in the ordinary course of business. In this case, the customer now assigns to us all claims arising from the resale up to the invoice amount. We hereby accept this assignment. Our customer is also entitled and authorized to collect his claim, whereby we reserve the right to collect the claim ourselves if our customer does not properly fulfill his payment obligations.
In the event of combination and mixing of our reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. We hereby release the security due to us or granted to us if the realizable value of the security exceeds the claim to be secured by more than 20%. We have the right to revoke the buyer's authorization to collect the claims and to collect the claim ourselves; as long as our customer collects the claim, he acts as a trustee, combined with the express obligation to immediately transfer the collected resale proceeds to us.
Upon our request, the buyer is obliged to state the names of the buyers and the amount of the assigned claims and to provide us with all information necessary to assert the assigned claims.
The goods delivered under retention of title must be treated carefully by the buyer and adequately insured against all other risks, especially fire, theft, and water damage.

§ 7 Return delivery and default of acceptance
The return of goods by our customers is generally inadmissible. This does not apply if a consumer exercises their right of withdrawal or if the goods are defective. If we have nevertheless agreed to a return delivery in individual cases, the goods must be received by us in perfect condition and carriage-free no later than 10 days after our consent. In this case, we are entitled to demand a lump-sum payment from the customer for a reduction in value, for lost profit, and for increased expenses, amounting to 13% plus VAT of the gross merchandise value, unless we prove higher damages or our account proves to us that no or only minor damages have occurred. If our customer culpably refuses to accept the goods, we are entitled to withdraw from the contract and/or to assert claims for damages.
In both cases, our customer owes us 22% of the gross merchandise value plus VAT as liquidated damages, unless our customer proves to us that no damage of this amount has occurred or we can prove higher damages.

§ 8 Limitation of Liability
Towards consumers, we are liable according to statutory provisions.
Towards entrepreneurs, our liability is limited as follows:
Småfolk's liability for damages, regardless of the legal reason, in particular from impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations, and tort, is limited in accordance with this § 8, insofar as fault is relevant. Småfolk is not liable in the event of simple negligence on the part of its organs, legal representatives, employees, or other vicarious agents, unless it involves a breach of essential contractual obligations. Essential contractual obligations are the obligation to deliver the delivery item on time, its freedom from defects that impair its functionality or usability more than insignificantly, as well as advisory, protective, and custodial duties that are intended to enable the customer to use the delivery item in accordance with the contract or to protect the life or limb of the customer's personnel or to protect their property from significant damage. Insofar as Småfolk is therefore liable for damages in principle, this liability is limited to damages that Småfolk foresaw as a possible consequence of a breach of contract at the time of concluding the contract or that it should have foreseen when applying customary care. Indirect damages and consequential damages, which are a consequence of defects in the delivery item, are furthermore only compensable if such damages are typically to be expected when the delivery item is used as intended. In the event of liability for simple negligence, Småfolk's obligation to pay compensation for property damage and resulting further financial losses is limited to an amount of EUR 250,000 per claim, even if it is a breach of essential contractual obligations. The above exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees, and other vicarious agents of Småfolk. Insofar as Småfolk provides technical information or acts in an advisory capacity and this information or advice does not belong to the contractually agreed scope of services owed by it, this is done free of charge and to the exclusion of any liability. The restrictions of this § 8 do not apply to Småfolk's liability for intentional conduct, for guaranteed quality features, for injury to life, body or health, or under the Product Liability Act.

§ 9 Default of payment / Prohibition of set-off
If our customer is an entrepreneur, the following agreements apply:
If the customer is in default with the payment of the purchase price, in whole or in part, or has ceased payments, all payment obligations of the customer to us become due immediately, regardless of the term of any granted deferral promises, installment payment agreements or similar agreements. If information or other facts indicate a risk to our claims from the executed or pending deliveries, we are entitled to withdraw from the contract with immediate effect and to assert claims for damages. If our customer is in default of payment, regardless of the delivery, his right to sell the goods, the authorization to collect, and his right of possession to all goods not fully paid for expire. From the default of payment, we are also entitled to demand the granting of immediate possession of our goods and to select and remove them from the customer at his business premises. The customer hereby expressly permits us or our representatives to enter the business premises and storage areas where the goods are located. Our customer hereby assigns to us any claims for surrender against third parties regarding our goods. We hereby accept this assignment.
Set-off, assertion of a right of retention or rights to refuse performance of any kind against our due claims from the business relationship are excluded, unless and insofar as our customer does not have undisputed or legally established claims against us.

§ 10 Image rights and copyright
All graphics and images used are subject to German copyright law. These copyrights belong to us or to our partners. Any use without our express consent is not permitted. The same applies to the product descriptions pre-formulated by us or our partners.
§ 11 Data Protection
When initiating, concluding, processing, and reversing a purchase agreement, we collect, store, and process data within the framework of legal provisions.
When you visit our website, the IP address currently used by your PC, date and time, browser type as well as the operating system of your PC, and the pages you viewed are logged. However, it is not possible for us to draw conclusions about personal data, nor is it intended.
The personal data that you provide to us, for example when placing an order or by e-mail (e.g. your name and contact details), will only be processed for correspondence with you and only for the purpose for which you provided us with the data (e.g. order processing). We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods.
For payment processing, we pass on your payment data to the credit institution commissioned with the payment, if necessary. We assure you that we will not pass on your personal data to third parties otherwise, unless we are legally obliged to do so or you have expressly consented in advance. Insofar as we use the services of third parties for the execution and processing of processing operations, the provisions of the Federal Data Protection Act are complied with.
Duration of storage:
Personal data communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as commercial and tax retention periods must be observed, the duration of storage of certain data can be up to 10 years.
Your rights:
Should you no longer agree to the storage of your personal data or if it has become incorrect, we will, upon a corresponding instruction, arrange for the deletion, correction or blocking of your data within the framework of the legal provisions. Upon request, you will receive free information about all personal data that we have stored about you. For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact info@smafolk.dk.

§ 12 Place of jurisdiction, place of performance and final provisions
The contract with our customers is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the consumer has his habitual residence remain unaffected. Should these General Terms and Conditions not have become part of the contract in whole or in part or be ineffective, the contract we have concluded with you remains otherwise effective.
Insofar as the provision has not become part of the contract or is ineffective, the Uniform Conditions of the German Textile Industry in the currently valid version shall apply. The contract concluded with you is only invalid if adhering to it, even taking into account the changes to be made according to the statutory provisions, would represent an unreasonable hardship for both contracting parties.
The place of performance for all services and the place of jurisdiction is our registered office, provided that the buyer is an entrepreneur, a legal entity under public law, or a special fund under public law. However, we are also entitled to sue the buyer, who is an entrepreneur, at his general place of jurisdiction.
Storage of the contract text:
Småfolk will store the contract text after the conclusion of the contract. Nevertheless, we recommend that you print out your order accordingly.
Dispute resolution:
The European Commission has provided a platform for online dispute resolution. You can find it at (https://ec.europa.eu/consumers/odr). You have the option to use this platform for dispute resolution. However, we are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
The consumer arbitration board responsible for us is the
General Consumer Arbitration Board of the Center for Arbitration e. V.
Straßburger Str. 8
77694 Kehl
Telephone: +49 7851 79579 40
Fax: +49 7851 79579 41
Internet: www.verbraucher-schlichter.de
Email: mail@verbraucher-schlichter.de
This arbitration board is a "General Consumer Arbitration Board" according to § 4 paragraph 2
sentence 2 VSBG.
We are neither obliged nor willing to participate in an arbitration procedure.

Access to complaints

If you wish to submit a complaint regarding
your order,
please contact Småfolk Webshop at this email:
info@smafolk.dk

If we cannot find a solution,
you can submit and appeal to:

Nævnenes Hus
Toldboden 2
8800 Viborg

naevneneshus.dk

If you live in an EU country other than Denmark,
you can complain to the European Commission
online complaint portal here:

http://ec.europa.eu/odr

Payment
At Småfolk you can pay with debit cards and PayPal. The amount will only be debited from your account when the goods are shipped from our warehouse. An amount higher than what you authorized at the time of purchase can never be deducted.
All prices at Småfolk are stated in DKK and include 25% VAT, unless the item originates from a non-EU country. See the section on CUSTOMS AND VAT.
You can order and pay online via:

Dankort (0 DKK)
Visa Dankort (0 DKK)
Visa from abroad (2.90%)
MasterCard Denmark (1.50%)
MasterCard from abroad (2.90%)
Visa Electron (1.50%)
Mobile Pay (0 DKK)
PayPal (3.4% + 2.60 SEK)

When using the payment options, a card fee is charged by PBS, PayEx or PayPal. This fee is indicated in parentheses.
When you pay with a payment card, you are always protected against misuse. You have the option to reject a payment when you receive your account statement. You have no deductible in the event that your card is misused in an online shop that uses SSL (Secure Socket Layer).
For security reasons, in some cases of large orders, we may request additional documentation in the form of an image of the front of the credit card, used either with the cardholder's driver's license or passport.
You choose the payment method when you place your order.

All purchase contracts, order confirmations and the like are concluded in Danish.

Shipping and Delivery

All shipments within Germany are sent with UPS as an insured parcel.

For goods value under 100 €: Shipping costs 5 €
For goods value from 100 €: free shipping

This shipping policy applies exclusively to deliveries within Germany. For customers from other European countries, our international webshop is available at www.smafolk.eu.

Thank you for shopping at www.smafolk.de

Småfolk A/S
Industrivej 59
DK-4683 Rønnede

CVR: DK-4045386

Telephone: +45 71 99 66 97

Mail: info@smafolk.dk
www.smafolk.de