Terms of Service
- These general terms and conditions apply without restriction to entrepreneurs, legal entities under public law or special funds under public law and merchants within the meaning of the Commercial Code.
- These general terms and conditions only apply to consumers if they do not conflict with mandatory consumer protection law.
- Conditions of the buyer that contradict or deviate from these general terms and conditions will not be recognized unless their validity is expressly agreed in writing.
- These general terms and conditions also apply to all future business of the parties, insofar as they are legal transactions of a related nature.
§2 choice of law
- Contracts within the scope of these General Terms and Conditions and the legal relationships between the parties as a whole are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
- In relation to consumers, there is also the mandatory consumer protection law of the state of the consumer’s habitual residence in accordance with Art. 6 Para. 1, para. 2 sentence 2 Rome I Regulation (Regulation EC No. 593/2008) application.
§3 place of jurisdiction
- For the place of jurisdiction, the statutory provisions of the Code of Civil Procedure and the Ordinance on Jurisdiction and the Recognition and Enforcement of Decisions in Civil and Commercial Matters (Regulation EU No. 1215/2012) apply, provided the buyer is a consumer.
- The sole place of jurisdiction for all disputes in the scope of these General Terms and Conditions is the seller’s place of business in relation to entrepreneurs, legal entities under public law or special funds under public law and in relation to merchants within the meaning of the Commercial Code. The seller reserves the right to take legal action at the legal place of jurisdiction of the buyer.
- If the buyer does not have a general place of jurisdiction in Germany within the meaning of section 2, sentence 1, has moved his place of residence or habitual abode outside of Germany after the conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction is the registered office of the seller.
§4 place of performance
The place of fulfillment of the primary contractual obligations is the place of business of the seller.
§5 prices and payment
- The prices given are valid for the countries of the European Union and include VAT. For countries outside the European Union, the attached country-specific price lists apply.
- Shipping costs are calculated separately. Packaging costs and insurance of the goods are included in the shipping costs.
- For deliveries to countries outside the European Union, the buyer bears any applicable customs duties and other import and export fees; In addition, the buyer has to pay an administration fee of € 120.
- Payment of the purchase price must be made exclusively to the seller’s business account stated on the invoice.
§6 delivery time
- Unless an expressly binding delivery date has been agreed in writing between the parties or, in the case of verbal agreements, is confirmed in writing by the seller, delivery dates or delivery periods are exclusively non-binding information.
- The beginning of the course of the specified delivery period or compliance with the expressly agreed delivery date within the meaning of Section 1 presupposes the timely and proper fulfillment of the buyer’s obligations. The exception of the unfulfilled contract remains reserved.
§7 Transfer of Risk
- If the buyer is an entrepreneur and the goods are shipped to a location other than the place of performance at the buyer’s request, the risk of accidental loss or accidental deterioration of the goods is transferred to the buyer as soon as the seller delivers the goods to the freight forwarder, the carrier or who has delivered the person or institution otherwise designated to carry out the shipment.
- If the buyer is a consumer and if the goods are shipped to a location other than the place of performance at the buyer’s request, the risk of accidental loss or accidental deterioration of the goods is only transferred to the buyer upon delivery within the meaning of section 1 if the buyer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the buyer.
§8 Warranty and Notification of Defects
- Insofar as the information contained in brochures, advertisements and other offer documents has not been expressly designated as binding by the seller, the images or drawings contained therein are only approximate.
- Minor material and processing-related deviations of the goods that do not impair the usability, in particular the color of the paint and the grain of the wood from the images and drawings mentioned in section 1 do not constitute material defects.
- Insofar as the goods do not have the quality agreed between the buyer and the seller, or if they are not suitable for the use stipulated in the contract or in general, or if they do not have the properties that the buyer according to the public statements of the seller within the meaning of section 1 . could expect, the seller is obliged to provide supplementary performance. This does not apply if the seller is entitled to refuse supplementary performance due to the statutory provisions.
- Claims for defects against entrepreneurs expire 12 months after the goods have been delivered to the buyer. In relation to consumers, the limitation period for claims for defects is 24 months. The limitation period in the case of delivery recourse according to §§ 478, 479 BGB remains unaffected; it is 5 years from the delivery of the defective item.
- If the buyer is a merchant within the meaning of the Commercial Code, the goods must be inspected for obvious defects immediately after delivery. These defects must be reported to the seller in writing within 10 days of delivery of the goods. Hidden defects must be reported to the seller immediately in writing
- Due to the following limitations of liability, the seller is fully liable for damage to life, body and health based on a negligent or willful breach of duty by its legal representatives or vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damage, which are based on intentional or grossly negligent breaches of contract as well as malice on the part of their legal representatives or vicarious agents.
- Insofar as the seller has given a quality and / or durability guarantee with regard to the goods or parts thereof, it is also liable under this guarantee.
- The seller is only liable for damage that is based on the lack of the guaranteed quality or durability, but does not occur directly on the goods, if the risk of such damage is clearly covered by the quality and durability guarantee.
- The seller is also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). The seller is only liable insofar as the damage is typically associated with the contract and is foreseeable.
- Incidentally, the seller is not liable for negligent breaches of secondary obligations that are not essential to the contract.
- The limitations of liability contained in clauses 3 to 5 also apply insofar as the liability for legal representatives, executives and other vicarious agents is affected.
- Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of its employees, employees, employees, representatives and vicarious agents.
§10 retention of title
- In order to secure the purchase price claim of the seller against the buyer, the seller retains ownership of the goods until the purchase price has been paid in full.
- If the buyer is in arrears with the payment of the purchase price, the seller has the right to withdraw from the purchase contract and to demand the surrender of the reserved goods from the buyer.
- The buyer is obliged to treat the reserved goods with care and to insure the reserved goods at his own expense against fire, water and theft in the amount of the new value of the reserved goods.
- If the reserved goods are seized by third parties, the buyer is obliged to point out the property of the seller and to notify the seller of the seizure in writing without delay.
- If the buyer is a merchant, the seller also reserves ownership of the reserved goods to secure all existing and future claims against the buyer from the delivery relationship between the seller and the buyer until all secured claims have been paid in full. The buyer is entitled to resell the reserved goods in the ordinary course of business, provided that he agrees an extended retention of title with his customers. The buyer is not entitled to dispose of the reserved goods in any other way, in particular to pledge them or assign them as security. In the event of a resale, the buyer hereby assigns the resulting claims against the buyer to the seller in order to secure the purchase price claim. If the sum of the assigned claims exceeds the nominal value of the claims to be secured by more than 10 %, the seller will assign claims to the buyer to the value of the excess amount. The seller authorizes the buyer to collect the claims assigned to the seller in his own name and for the account of the seller.
§11 data protection
- For the purpose of initiating, concluding, processing and reversing a purchase contract and for the purpose of advertising its own offers, the seller collects, processes and uses personal data within the framework of the statutory provisions of the Federal Data Protection Act.
- The personal data that the seller collects will only be processed and used for correspondence with the buyer and only for the purposes mentioned in section 1.
- The data will only be passed on to other third parties (e.g. shipping companies and credit institutes) if this is necessary within the scope of the purposes mentioned in Section 1 and only to the extent necessary. As part of this transfer, the provisions of the Federal Data Protection Act are complied with.
- Incidentally, personal data will not be passed on to third parties unless the seller is legally obliged to do so or the buyer has expressly consented to this beforehand.
- Rights of the data subject under the Federal Data Protection Act: Upon request, the person concerned will receive free information about all personal data that the seller has stored about him. The data subject can object to the processing and use of his personal data for his own advertising purposes by the seller at any time. If the person concerned no longer wishes their personal data to be processed and used for advertising purposes, or if they have become incorrect, the seller will arrange for the personal data to be deleted, corrected or blocked in response to an objection or corresponding request by the person concerned. Section 35 Federal Data Protection applies without restriction. For information on the collection, processing or use of your personal data, for objections to the processing and use for your own advertising purposes The seller can contact the seller at any time and free of charge to correct, block or delete his or her personal data using the contact details given below.
§12 consumer dispute resolution
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board according to the Consumer Dispute Settlement Act (VBSG).
§13 final provisions
- Changes and additions to these general terms and conditions must be made in writing. This also applies to changes or additions to this written form clause. The required written form can also be satisfied by transmission by fax or electronic media.
- Should individual provisions of these general terms and conditions be or become ineffective or contain a loophole, this shall not affect the remaining provisions.