dasschneidbrett.at
... the place where real cutting boards are made
Shop
Please select a category. If a cuttingboard is not on stock, it is tagged with "on request". The production time of a cutting board is 6 weeks.
production time: 6 weeks
smoked sweet chestnut - bubinga - maple / on request
black / red-brown / white
This XL board is 51.3 x 36.1 x 5.1 cm in size.
Preis:
580,00 €
Zuzüglich Porto und Verpackung.
AGB
Conditions
General terms and conditions & customer information
contents
A. Terms and Conditions
• 1. Scope
• 2. Conclusion of the contract
• 3. Partial deliveries
• 4. Description of services
• 5. Right of withdrawal
• 6. Prices and terms of payment
• 7. Terms of delivery and dispatch
• 8. Retention of title
• 9. Liability for defects
• 10. Liability
• 11. Applicable law, place of jurisdiction, contract language
• 12. Severability Clause
B. Customer information
1. Information on the identity of the seller
• 2. Information on the main characteristics of the good or service
• 3. Information on the formation of the contract
• 4. Payment and delivery information
• 5. Information about the technical steps that lead to the conclusion of the contract
• 6. Information on saving the text of the contract
• 7. Information about the technical means to recognize and correct input errors
• 8. Information about the languages available for the conclusion of the contract
A. Terms and Conditions
1) Scope
1.1 These terms and conditions (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods and / or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these general terms and conditions 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 within the meaning of these General Terms and Conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the DasSchneidbrett.at online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, contrary to Section 2.3, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.5 The order processing and contact take place via email and / or automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Part deliveries
We are entitled to make partial deliveries insofar as this is reasonable for you. Additional shipping costs are only incurred if this is expressly agreed.
4) Description of services
(1) Wood is a natural product that can show color differences and irregularities caused by growth. Deviations in structure and color between parts of a piece of furniture or compared to other pieces of furniture made of the same material are reserved, provided that these are in the nature of the materials used (solid wood, veneers, etc.) and are customary in the trade. Wood can change its volume, which can lead to warping, inaccuracies of fit and cracking. Oiled surfaces can look irregular. Such circumstances do not represent a defect and therefore do not entitle the customer to assert warranty rights.
(2) Wood is a natural material that can change even after processing, e.g. due to temperature fluctuations. For example, small cracks can occur, which is a typical property of a product that is made entirely of solid wood and which is what gives these solid wood products their special character.
(3) Manufactures according to the customer's specifications are custom-made (custom-made according to customer specifications) and do not entitle the customer to assert warranty rights.
5) right of withdrawal
Consumers have a two-week right of withdrawal. The Federal Ministry of Justice recommends the following official model for instruction on this right:
Right of withdrawal
Right of withdrawal
You can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before the goods have been received by the recipient and also not before we have fulfilled our information obligations. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
Exception: There is no right of withdrawal for goods and products made according to customer specifications or clearly tailored to personal needs.
The revocation must be sent to:
Holzmöbelkontor
Wood Design Interior - Gerd Freye
Westendorfer Str. 36
D-29683 Bad Fallingbostel
Consequences of cancellation
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
Items that can be sent by parcel post are to be returned by means of a parcel service. You have to bear the cost of returning. Items that cannot be sent as parcels must be returned to us by a forwarding agency. You bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 300.
End of revocation
Please send the shipment back with sufficient postage! Unstamped items will not be accepted. Please keep the posting slip / receipt of your return as proof.
6) Prices and terms of payment
6.1 The prices quoted by the seller are final prices and include the statutory sales tax. Additional delivery and shipping costs are specified separately in the respective product description. The price at the time of the order applies.
6.2 Offers: In some cases, we reserve the right to invoice you for the processing and creation of an individual offer. A reimbursement in the event of an order is a matter of course.
6.3 The customer has various payment options available, which are specified in the seller's online shop.
6.4 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
6.5 The selection of the payment method delivery on account is excluded.
6.6 The credit card payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de) ahead. If the customer is allowed to pay by credit card after checking the creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes.
7) Delivery and shipping conditions
7.1 The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
7.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of revocation through refused acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the Seller had announced the performance to him a reasonable time in advance.
7.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or a person authorized to receive them when the goods are handed over. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sale by mail is transferred to a suitable transport person when the goods are delivered to the seller's place of business.
7.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
7.5 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods after consulting the seller. In this case, no shipping costs will be charged.
8) Retention of title
(1) In contracts with consumers, we reserve ownership of the goods until the purchase price has been paid in full. In contracts with entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. The customer is required to handle the product with care.
(2) In the event of seizure or other interventions by third parties on the goods subject to retention of title (in particular bailiffs in the event of a seizure), the customer will point out our property and notify us immediately so that we can enforce our property rights. The same applies in the event of damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or of his own change of residence. The customer has to reimburse us for all damages and costs that arise from a breach of these obligations and from necessary intervention measures against access by third parties.
(3) As long as the customer is not the owner of the goods (see Paragraph (1)), the customer is not entitled to resell the goods.
(4) We are entitled to withdraw from the contract and reclaim the goods if the customer acts in breach of contract, in particular in the event of default in payment or breach of an obligation under Paragraph (1), (2) or (3). Taking back the delivery item by the buyer does not constitute a withdrawal from the contract, unless we have expressly stated this in writing. If we seize the delivery item, we always withdraw from the contract. After taking back the goods, we are authorized to dispose of them. The sales proceeds are to be offset against the buyer's liabilities - less reasonable sales costs.
9) Liability for defects
If there is a defect in the purchased item, the statutory provisions apply. Deviating from this, the following applies to items that have not been used for a building in accordance with their normal use and have caused its defectiveness:
9.1 For entrepreneurs
• an insignificant defect does not justify claims for defects,
• the seller has the choice of the type of supplementary performance,
• In the case of new goods, the limitation period for defects is one year from the transfer of risk.
• In the case of used goods, the rights and claims due to defects are fundamentally excluded.
• The statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.
9.2 For consumers, the limitation period for claims for defects is
• For new goods, one year from delivery of the goods to the customer.
• In the case of used goods, one year from delivery of the goods to the customer, with the restriction of Section 7.3.
9.3 For entrepreneurs and consumers, the above liability and limitation period limitations in Section 7.1 and Section 7.2 do not relate to claims for damages and reimbursement of expenses that the buyer can assert in accordance with the statutory provisions due to defects in accordance with Section 8.
9.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse remain unaffected. The same applies to entrepreneurs and consumers in the event of willful breach of duty and fraudulent concealment of a defect.
9.5 If the customer acts as a merchant within the meaning of the HGB, he is subject to the commercial inspection and notification obligation in accordance with the HGB. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
9.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9.7 If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered to the seller within 14 days at his own expense. The return of the defective goods must take place in accordance with the statutory provisions.
10) liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The seller is fully liable for any legal reason
• in the event of intent or gross negligence,
• in the event of negligent or willful injury to life, body or health,
• due to mandatory liability such as under the Product Liability Act.
10.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with Section 8.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
10.3 Otherwise liability on the part of the seller is excluded.
10.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
11) Applicable law, place of jurisdiction, contract language
11.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. 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 in which the consumer has his habitual residence is not withdrawn.
11.2 If the customer acts as a merchant, legal entity under public law or a special fund under public law with its seat in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Republic of Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
11.3 The contract language is German.
12) Severability clause:
Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective one. The same applies in the event of a loophole in the contract.
B. Customer information
1) Information about the identity of the seller
Holzmöbelkontor
Wood Design Interior - Gerd Freye
Westendorfer Str. 36
29683 Bad Fallingbostel
Germany
Tel .: 051632911051
Email: info@holzmoebelkontor.de
Sales tax identification number according to § 27 a sales tax law: DE813853850
2) Information on the main characteristics of the good or service
The essential characteristics of the goods or services result from the respective product description set by the seller.
3) Information on the formation of the contract
The conclusion of the contract takes place in accordance with section 2 of the general terms and conditions of the seller (see above).
4) Payment and delivery information
Payment is made in accordance with section 4 of the general terms and conditions of the seller (see above) in connection with the information on the payment options in the seller's online shop. The delivery takes place in accordance with section 5 of the general terms and conditions of the seller (see above).
5) Information about the technical steps that lead to the conclusion of the contract
5.1 To submit his offer via the seller's online order form, the customer must go through the following technical steps:
5.1.1 Placing the desired article in the virtual shopping cart
5.1.2 Registration in the online shop by entering a user ID and password or - if a customer account does not yet exist - new registration with or without opening a customer account
5.1.3 Entering the billing and delivery address
5.1.4 Selection of the desired payment method
5.1.5 Selection of the desired shipping method
5.1.6 Summary of the order data
5.1.7 Sending the order
5.2 The acceptance by the seller takes place in accordance with section 2.3 of the general terms and conditions of the seller (see above).
6) Information on saving the text of the contract
The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with the present terms and conditions and customer information. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
7) Information about the technical means to recognize and correct input errors
Before submitting the binding order, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
8) Information about the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
No liability is accepted for translation errors
Status: November 2016
General terms and conditions & customer information
contents
A. Terms and Conditions
• 1. Scope
• 2. Conclusion of the contract
• 3. Partial deliveries
• 4. Description of services
• 5. Right of withdrawal
• 6. Prices and terms of payment
• 7. Terms of delivery and dispatch
• 8. Retention of title
• 9. Liability for defects
• 10. Liability
• 11. Applicable law, place of jurisdiction, contract language
• 12. Severability Clause
B. Customer information
1. Information on the identity of the seller
• 2. Information on the main characteristics of the good or service
• 3. Information on the formation of the contract
• 4. Payment and delivery information
• 5. Information about the technical steps that lead to the conclusion of the contract
• 6. Information on saving the text of the contract
• 7. Information about the technical means to recognize and correct input errors
• 8. Information about the languages available for the conclusion of the contract
A. Terms and Conditions
1) Scope
1.1 These terms and conditions (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods and / or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these general terms and conditions 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 within the meaning of these General Terms and Conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the DasSchneidbrett.at online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, contrary to Section 2.3, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.5 The order processing and contact take place via email and / or automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Part deliveries
We are entitled to make partial deliveries insofar as this is reasonable for you. Additional shipping costs are only incurred if this is expressly agreed.
4) Description of services
(1) Wood is a natural product that can show color differences and irregularities caused by growth. Deviations in structure and color between parts of a piece of furniture or compared to other pieces of furniture made of the same material are reserved, provided that these are in the nature of the materials used (solid wood, veneers, etc.) and are customary in the trade. Wood can change its volume, which can lead to warping, inaccuracies of fit and cracking. Oiled surfaces can look irregular. Such circumstances do not represent a defect and therefore do not entitle the customer to assert warranty rights.
(2) Wood is a natural material that can change even after processing, e.g. due to temperature fluctuations. For example, small cracks can occur, which is a typical property of a product that is made entirely of solid wood and which is what gives these solid wood products their special character.
(3) Manufactures according to the customer's specifications are custom-made (custom-made according to customer specifications) and do not entitle the customer to assert warranty rights.
5) right of withdrawal
Consumers have a two-week right of withdrawal. The Federal Ministry of Justice recommends the following official model for instruction on this right:
Right of withdrawal
Right of withdrawal
You can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before the goods have been received by the recipient and also not before we have fulfilled our information obligations. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
Exception: There is no right of withdrawal for goods and products made according to customer specifications or clearly tailored to personal needs.
The revocation must be sent to:
Holzmöbelkontor
Wood Design Interior - Gerd Freye
Westendorfer Str. 36
D-29683 Bad Fallingbostel
Consequences of cancellation
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
Items that can be sent by parcel post are to be returned by means of a parcel service. You have to bear the cost of returning. Items that cannot be sent as parcels must be returned to us by a forwarding agency. You bear the direct costs of returning the goods. The costs are estimated at a maximum of around EUR 300.
End of revocation
Please send the shipment back with sufficient postage! Unstamped items will not be accepted. Please keep the posting slip / receipt of your return as proof.
6) Prices and terms of payment
6.1 The prices quoted by the seller are final prices and include the statutory sales tax. Additional delivery and shipping costs are specified separately in the respective product description. The price at the time of the order applies.
6.2 Offers: In some cases, we reserve the right to invoice you for the processing and creation of an individual offer. A reimbursement in the event of an order is a matter of course.
6.3 The customer has various payment options available, which are specified in the seller's online shop.
6.4 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
6.5 The selection of the payment method delivery on account is excluded.
6.6 The credit card payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de) ahead. If the customer is allowed to pay by credit card after checking the creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his payment claim. Secupay AG collects the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with a debt-discharging effect. The credit card is charged immediately after the customer order has been sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. on goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes.
7) Delivery and shipping conditions
7.1 The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
7.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of revocation through refused acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the Seller had announced the performance to him a reasonable time in advance.
7.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or a person authorized to receive them when the goods are handed over. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sale by mail is transferred to a suitable transport person when the goods are delivered to the seller's place of business.
7.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
7.5 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods after consulting the seller. In this case, no shipping costs will be charged.
8) Retention of title
(1) In contracts with consumers, we reserve ownership of the goods until the purchase price has been paid in full. In contracts with entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. The customer is required to handle the product with care.
(2) In the event of seizure or other interventions by third parties on the goods subject to retention of title (in particular bailiffs in the event of a seizure), the customer will point out our property and notify us immediately so that we can enforce our property rights. The same applies in the event of damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or of his own change of residence. The customer has to reimburse us for all damages and costs that arise from a breach of these obligations and from necessary intervention measures against access by third parties.
(3) As long as the customer is not the owner of the goods (see Paragraph (1)), the customer is not entitled to resell the goods.
(4) We are entitled to withdraw from the contract and reclaim the goods if the customer acts in breach of contract, in particular in the event of default in payment or breach of an obligation under Paragraph (1), (2) or (3). Taking back the delivery item by the buyer does not constitute a withdrawal from the contract, unless we have expressly stated this in writing. If we seize the delivery item, we always withdraw from the contract. After taking back the goods, we are authorized to dispose of them. The sales proceeds are to be offset against the buyer's liabilities - less reasonable sales costs.
9) Liability for defects
If there is a defect in the purchased item, the statutory provisions apply. Deviating from this, the following applies to items that have not been used for a building in accordance with their normal use and have caused its defectiveness:
9.1 For entrepreneurs
• an insignificant defect does not justify claims for defects,
• the seller has the choice of the type of supplementary performance,
• In the case of new goods, the limitation period for defects is one year from the transfer of risk.
• In the case of used goods, the rights and claims due to defects are fundamentally excluded.
• The statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.
9.2 For consumers, the limitation period for claims for defects is
• For new goods, one year from delivery of the goods to the customer.
• In the case of used goods, one year from delivery of the goods to the customer, with the restriction of Section 7.3.
9.3 For entrepreneurs and consumers, the above liability and limitation period limitations in Section 7.1 and Section 7.2 do not relate to claims for damages and reimbursement of expenses that the buyer can assert in accordance with the statutory provisions due to defects in accordance with Section 8.
9.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse remain unaffected. The same applies to entrepreneurs and consumers in the event of willful breach of duty and fraudulent concealment of a defect.
9.5 If the customer acts as a merchant within the meaning of the HGB, he is subject to the commercial inspection and notification obligation in accordance with the HGB. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
9.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9.7 If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered to the seller within 14 days at his own expense. The return of the defective goods must take place in accordance with the statutory provisions.
10) liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The seller is fully liable for any legal reason
• in the event of intent or gross negligence,
• in the event of negligent or willful injury to life, body or health,
• due to mandatory liability such as under the Product Liability Act.
10.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with Section 8.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
10.3 Otherwise liability on the part of the seller is excluded.
10.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
11) Applicable law, place of jurisdiction, contract language
11.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. 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 in which the consumer has his habitual residence is not withdrawn.
11.2 If the customer acts as a merchant, legal entity under public law or a special fund under public law with its seat in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Republic of Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
11.3 The contract language is German.
12) Severability clause:
Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective one. The same applies in the event of a loophole in the contract.
B. Customer information
1) Information about the identity of the seller
Holzmöbelkontor
Wood Design Interior - Gerd Freye
Westendorfer Str. 36
29683 Bad Fallingbostel
Germany
Tel .: 051632911051
Email: info@holzmoebelkontor.de
Sales tax identification number according to § 27 a sales tax law: DE813853850
2) Information on the main characteristics of the good or service
The essential characteristics of the goods or services result from the respective product description set by the seller.
3) Information on the formation of the contract
The conclusion of the contract takes place in accordance with section 2 of the general terms and conditions of the seller (see above).
4) Payment and delivery information
Payment is made in accordance with section 4 of the general terms and conditions of the seller (see above) in connection with the information on the payment options in the seller's online shop. The delivery takes place in accordance with section 5 of the general terms and conditions of the seller (see above).
5) Information about the technical steps that lead to the conclusion of the contract
5.1 To submit his offer via the seller's online order form, the customer must go through the following technical steps:
5.1.1 Placing the desired article in the virtual shopping cart
5.1.2 Registration in the online shop by entering a user ID and password or - if a customer account does not yet exist - new registration with or without opening a customer account
5.1.3 Entering the billing and delivery address
5.1.4 Selection of the desired payment method
5.1.5 Selection of the desired shipping method
5.1.6 Summary of the order data
5.1.7 Sending the order
5.2 The acceptance by the seller takes place in accordance with section 2.3 of the general terms and conditions of the seller (see above).
6) Information on saving the text of the contract
The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with the present terms and conditions and customer information. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
7) Information about the technical means to recognize and correct input errors
Before submitting the binding order, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
8) Information about the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
No liability is accepted for translation errors
Status: November 2016
Lieferbedingungen
Shipping within Austria € 15 (packaging and shipping). Outside Austria - please inquire. The board is packed in a cardboard box and a bubble wrap to avoid any transport damage.
