General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts which you conclude with us as the provider (DEINE MÖBEL 24 PATRYK HERBEĆ SPÓŁKA KOMANDYTOWA) via the website www.deine-moebel24.de. Unless otherwise agreed, the inclusion of your own conditions, if any, is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and/ or the provision of assembly services.
We sell the goods partly or exclusively as a commission agent in our own name for the account of a third party, i.e. for a third party as the owner of the goods. We are nevertheless the contracting party with all rights and obligations.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can access the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" (or similar designation) button and entering your personal details as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your details there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been directed back to our online shop.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or similar designation), you legally bindingly declare your acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for content accuracy and in this respect assume no liability for errors.
§ 4 Provision of services for assembly services
(1) Insofar as assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We perform this personally or through third parties to the best of our knowledge and belief.
(2) The provision of services takes place on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time the assembly services are provided, you must provide the opportunity to access the premises in an accessible and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water to the extent necessary. We are entitled to terminate the part of the contract concerning the provision of assembly services in accordance with § 643 BGB (German Civil Code) if you do not fulfil your duties to cooperate. For this purpose, we will set you a reasonable deadline during which you can make up for the necessary cooperation services.
(4) If you exercise your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a flat-rate remuneration if execution has not yet begun. If a statutory right of withdrawal exists, however, this only applies if you exercise your right of termination only after the withdrawal period has expired. You reserve the right to prove that we actually incurred no or significantly lower costs.
§ 5 Special agreements on offered payment methods
(1) Instalment purchase via easyCredit
For instalment purchases via easyCredit, the General Terms and Conditions for instalment purchases of easyCredit apply additionally. You can find the terms and conditions here (https://www.easycredit-ratenkauf.de/wp-content/uploads/2022/09/Ergaenzende_AGB_easyCredit-Ratenkauf_Sep2022.pdf).
(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "Stripe" may use other payment services for payment processing; insofar as special payment conditions apply to this, you will be informed of these separately. Further information on "Stripe" can be found at https://stripe.com/de (https://stripe.com/de).
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Warranty
(1) The statutory liability rights for defects exist.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the forwarding agent of complaints as quickly as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed by us about the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (principle of favourability).
(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The right to also apply to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer Information
1. Identity of the seller
DEINE MÖBEL 24 PATRYK HERBEĆ SPÓŁKA KOMANDYTOWA
UL. WIERUSZOWSKA 35A
98-405 GALEWICE
Poland
Telephone: +4915145491119
E-mail: kontakt@deine-moebel24.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2. The complete text of the contract is not stored by us. Before sending the order via the online - shopping basket system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping basket system, you will receive all contract data transmitted in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have subjected ourselves to the Buyer's Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment modalities
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. There are no shipping costs.
6.3. Incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but the payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to execute the shipment.
8. Statutory liability right for defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
9. Termination
9.1. Information on terminating the contract and the conditions of termination can be found in the regulations on "assembly services" in our General Terms and Conditions (Part I) as well as in the respective offer.
These Terms and Conditions and customer information were created by lawyers specialising in IT law from the Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warning letters. Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).