General Terms and Conditions (GTC)
for the mail order business
Architare Barbara Benz set up Gmbh & KoKG
Vordere Kernenstrasse 2, 72202 Nagold, Germany
Tel: 0049 745284750828
Managing Director: Barbara Benz
District Court of Stuttgart: HRA720570
VAT ID: DE814747231
Customer service: Tue.-Fri. 10am-7pm, Sat 10am-6pm
hereinafter: "Design Furniture Sale"
(1) The following terms and conditions apply to all contracts that the customer concludes with Design Moebel Sale via the online shop.
(2) Customers within the scope of these General Terms and Conditions can be both consumers according to § 13 BGB and entrepreneurs according to § 14 BGB.
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(4) Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of contract, contract language, ordering steps, storage of contract text
(1) The presentation of goods on the Internet does not yet constitute a binding contract offer from Design Moebel Sale. The contract between the customer and Design Moebel Sale only comes into existence through an order from the customer and its acceptance by Design Moebel Sale. Confirmation of the receipt of the order does not constitute acceptance. In the event of acceptance, Design Moebel Sale will send an order confirmation by email. Sending the ordered goods to the customer is equivalent to an express declaration of acceptance.
(2) Contract language is German.
(3) The customer can order in the Design Moebel Sale shop by going through the following steps:
a. By clicking on the "Add to cart" button, items are placed in the cart without obligation. All items that have been placed in the shopping cart can be viewed by clicking on "Your shopping cart / View your shopping cart". Articles can be deleted or the number changed and the shipping costs can be displayed here.
b. If you want to buy items from the shopping cart, you can click on "Continue to checkout" to go to the ordering process.
c. During the ordering process, customers can choose between different payment methods.
f. The order is sent via the "Buy now" button. The conclusion of a purchase contract is thus bindingly offered by the customer. Please refer to the first paragraph of this point for information on when the contract was concluded.
(4) The text of the contract is not saved by Design Moebel Sale and can no longer be accessed by the customer after the order process has been completed. However, the order data and the cancellation policy can be found in text form in the order confirmation, which can be printed out upon receipt by e-mail. Design Moebel Sale saves the customer's order data. If the customer loses his documents relating to his order, he can contact Design Moebel Sale by post or telephone. Design Moebel Sale will be happy to send the customer a copy of the order data.
3. Terms of delivery and shipping
1) Design Moebel Sale delivers the goods within 3-5 working days after receipt of the order, provided the ordered goods are in stock.
(2) Design Moebel Sale offers standard parcel shipping or by forwarding agency.
Conditions for forwarding shipping are as follows.
Design Moebel Sale delivers the goods within 14-21 days after receipt of the order, provided the ordered goods are in stock.
The goods are delivered including final assembly and packaging material disposal.
The goods can only be delivered to the point of use if the following conditions are met. Spacious stairwell, free space and parking space in front of the house. Design Moebel sale will contact you by telephone or e-mail before delivery by a forwarding agent.
(3) Design Moebel Sale offers free collection of the goods during the official opening hours
4. Terms of Payment
Payment can generally be made in advance, by immediate transfer, by cash on delivery, by SEPA direct debit, by PayPal, by credit card, by Shop Pay, by Google Pay, by Klarna Sofort, by Ideal, by eps transfer or by Bancontact. However, Design Moebel Sale reserves the right not to offer individual payment methods for each order.
Payment in advance
When paying in advance, the deadline for delivery begins no later than three working days (bank processing time) after the payment order has been issued to the transferring bank.
payment via immidate transfer
Design Moebel Sale also offers instant transfer. After confirming the order, the customer is automatically forwarded to the Klarna Sofort AG payment form. Immediately after the transfer, the customer receives a payment confirmation and Design Moebel Sale immediately receives a transfer credit. The goods will be sent to the customer immediately.
Payment by credit card with SecureCode
If the customer chooses to pay by credit card with SecureCode (American Express, Visa and MasterCard), the goods will be sent to the customer immediately. The credit card will only be debited after the goods have been sent to the customer.
payment by surname
If the delivery is cash on delivery, the goods will be sent to the customer immediately. In addition to the packaging and shipping costs that may be incurred, the customer shall bear the following cash on delivery fees: 4.00 euros cash on delivery fee and 2.00 euros money transfer fee of the post office.
Payment via PayPal
When paying via PayPal, the delivery period begins no later than one working day after the payment order has been issued to PayPal.
Payment by invoice
The goods will be sent to the customer immediately. The invoice amount is due immediately and without deduction.
Payment via ShopPay
In the case of payment by Shop Pay, the delivery period begins no later than one working day after the payment order has been issued to Shop Pay.
Payment via Google Pay
When paying by Google Pay, the delivery period begins no later than one working day after the payment order has been issued to Google Pay.
Payment by Ideal
Only available for customers from the Netherlands. After placing the order, you will be redirected to the website of the online provider iDeal. In order to be able to pay the invoice amount via iDeal, you must have an activated online banking account with PIN/TAN procedure for participation in iDeal, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by iDeal and your account will be debited.
Payment by eps transfer
The deadline for the delivery begins with payment by eps transfer no later than one working day after the payment order has been issued to eps transfer.
Payment by Bancontact
Only available for customers from Belgium. After placing the order, you will be redirected to the website of the online provider Bancontact. In order to be able to pay the invoice amount via Bancontact, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in Bancontact, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Bancontact and your account will be debited.
5. Prices and shipping costs
(1) The prices at the time of the order apply. All prices are in euros and are gross prices without exception, ie they include the statutory VAT of 19% and other price components and do not include shipping costs. There is no minimum order value.
(2) The delivery and shipping costs, the amount of which depends on the information provided in connection with the respective presentation of the goods, are incurred from the location of the Design Moebel Sale branch. If the delivery is made to a customer outside of the Federal Republic of Germany, the delivery and shipping costs increase depending on the weight or volumetric weight.
(3) For shipments outside the EU, additional costs such as e.g. B. Taxes and/or levies/duties incurred, which the customer has to bear.
6. Refunds when exercising the right of withdrawal
If you make use of your right of cancellation (see cancellation policy under point 8.), we will use the same means of payment for refunds that you used for the original transaction. In the case of cash on delivery, the refund will be transferred to your bank account. All you have to do is tell us your account details.
7. Cancellation policy
Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
right of withdrawal
You have the right to withdraw from this contract within one month without giving any reason. The cancellation period is 1 month from the day
- on which you or a third party named by you who is not the carrier took possession of the goods, if you ordered one or more goods as part of a single order and the goods or goods are delivered or .be or
- on which you or a third party named by you who is not the carrier took possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered separately or
- on which you or a third party named by you who is not the carrier took possession of the last partial consignment or the last piece if you ordered goods that are delivered in several partial consignments or pieces.
In order to exercise your right of withdrawal, you must
Architare Barbara Benz set up Gmbh & KoKG
Vordere Kernenstrasse 2
Tel: 0049 745284750828
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.
The cancellation declaration must contain: name, address, e-mail, invoice number.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, 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 day on which you inform us of the cancellation of this contract . The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning goods that can be sent by parcel post.
You bear the direct costs of returning goods that cannot be sent in small packages. These costs are estimated at a maximum of around EUR 75.00 within Germany and EUR 150.00 within the rest of the EU.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
The above right of cancellation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
Please understand that there is no right of withdrawal for deliveries outside the European Union! Deliveries to Switzerland and Liechtenstein are excluded from this.
8. Retention of Title
The goods remain the property of Design Moebel Sale until full payment has been made.
(1) If there is a defect in the purchased item, the warranty is based on the statutory provisions. The limitation period for statutory claims for defects is two years for consumers and begins on the date of delivery, ie receipt of the item by the customer.
(2) The warranty period for entrepreneurs is limited to one year.
(3) For consumers and entrepreneurs, the above limitations of liability and limitation periods do not relate to claims for damages and reimbursement of expenses that the customer can assert under the statutory provisions due to defects in accordance with number 12.
10. Damage in transit / returns
(1) If the customer acts as a consumer, the following applies: If goods are delivered with obvious damage to the packaging or the contents, we ask that you complain to the forwarding agent/freight service immediately and contact Design Moebel Sale by telephone or in some other way (email /Post) so that Design Moebel Sale can protect any rights against the forwarding agent/freight service.
(2) You are also asked to return items to us in the original packaging. This makes it easier for us e.g. B. the resale of the goods.
(3) Goods that were sent by a forwarding agent are generally picked up again by a forwarding agent in the event of a return. In this case, we ask that you contact Design Moebel Sale by phone, in writing or by email. In order to avoid transport damage, we ask that you refrain from returning the goods by parcel service, because even in their original packaging, forwarding items are not automatically suitable for transport via a parcel service due to their weight, sensitivity or size.
(4) Non-observance of the above points does not limit your right of withdrawal as a consumer. In addition, failure to make a complaint or contact has no effect whatsoever on the statutory or contractual warranty and liability claims of the customer as a consumer.
(5) If the customer acts as a merchant within the meaning of § 1 HGB, he is obliged to examine and give notice of defects according to § 377 HGB. The goods are deemed to have been approved if the customer fails to comply with the notification obligations regulated there.
Address for your return:
Design furniture sale, Weingartenstraße 60, 72202 Nagold, email@example.com 07452 84750828
Design Moebel Sale is liable for damages and reimbursement of expenses in accordance with the statutory provisions.
For detailed information on data protection, please refer to the information under the separate link https://help.shopify.com/pdf/gdpr-whitepaper.pdf
Sharing of Data
Your data is in good hands with us, we assure you expressly: We will neither sell your personal data nor rent it to other companies for advertising purposes.
We only pass on your personal data to third parties if:
- you have given your express consent in accordance with Article 6 Paragraph 1 Sentence 1 Letter a GDPR,
- this is necessary according to Article 6 Paragraph 1 S. 1 lit. b GDPR for the processing of contractual relationships with you (e.g. to credit institutions, postal, courier and logistics companies).
- External service companies process data on our behalf as processors. Your data is subject to the same data protection standards there as with us. The recipient of the data may only use the data for the purposes for which the data was transmitted to them. The external service providers include, in particular, data centers and companies that support us in maintaining EDP systems and IT applications.
- in the event that there is a legal obligation for the transfer according to Art. 6 Para. 1 S. 1 lit
- the disclosure is required in accordance with Article 6 Paragraph 1 Clause 1 Letter f GDPR and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data.
13. Disposal, environmental protection
Some devices come with batteries that are used, for example, to operate remote controls, etc. Batteries or accumulators can also be permanently installed in the devices themselves. In connection with the sale of these batteries or rechargeable batteries, Design Moebel Sale points out the following in accordance with the Battery Act:
Batteries and rechargeable batteries do not belong in household waste and must not be disposed of in this way. Rather, as the end user, you are legally obliged to return old batteries so that professional disposal of your old batteries can be guaranteed. You can either return your old batteries to us with sufficient postage or hand them in directly to our dispatch warehouse at the following address free of charge:
Design furniture sale, Weingartenstraße 60, 72202 Nagold, firstname.lastname@example.org 07452 84750828
Our obligation to take back is limited exclusively to those old batteries that we have or have had in our range as new batteries. Batteries are marked with the symbol of a "crossed-out garbage can" (similar to the illustration below). For batteries that contain more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or more than 0.004 percent by mass of lead, the chemical name of the pollutant used is located under the garbage can symbol - "Cd" stands for cadmium, "Pb " for lead and "Hg" for mercury.
Note on lithium batteries/rechargeable batteries:
When returning lithium batteries or accumulators, the customer is asked to remove the contact surfaces of the batteries marked with + and -, e.g. B. to isolate with tape to avoid any risk of fire.
Old devices, electronic scrap
According to the Electrical and Electronic Equipment Act (ElektroG), old devices may not be disposed of with household waste. The regulation applies to all electronic and electrical devices, no matter how old they are. This also includes illuminants, fluorescent tubes and energy-saving lamps. These devices can be recognized by the symbol of a "crossed-out garbage can" - similar to the figure above. The symbol can be found on the devices or the packaging. The devices are provided free of charge, e.g. B. taken back by cities and municipalities. The return takes place at collection points or collection is even offered. As a rule, existing collection systems (e.g. recycling centers) are used.
For detailed information on disposal and our obligation to take back old electrical equipment, please refer to the information under the separate "Disposal" link.
14. Complaints/Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/ . In principle, consumers have the option of using this platform to settle their disputes. We always endeavor to settle any differences of opinion arising from contracts concluded with us and complaints by mutual agreement. Please note, however, that we are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and cannot offer you participation in such a procedure.
15. Final Provisions
(1) The law of the Federal Republic of Germany applies. Mandatory regulations of the state in which customers who are consumers have their habitual residence remain unaffected. In transactions with consumers within the European Union, the law at the consumer's place of residence may also be applicable, provided that consumer law regulations are mandatory.
(2) The validity of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) is excluded, including in cross-border deliveries.
(3) The place of jurisdiction for all legal disputes is Stuttgart if the customer is a merchant, a legal entity under public law or a special fund under public law. If the consumer is not resident in Germany or in another country of the European Union, Stuttgart is also the place of jurisdiction. In all other cases, the statutory place of jurisdiction applies.