General Terms and Conditions
The general terms and conditions (GTC) of Stattmann Neue Moebel GbR contain information concerning your rights in accordance with the rules and regulations for contracts for remote sales and electronic business transactions.
1. Area of application
These general terms and conditions (GTC) apply to all contracts between Stattmann Neue Moebel GbR and its customers.
2. Contractual partners
The purchase contract comes into effect with Stattmann Neue Moebel GbR. You are able to contact us concerning inquiries, complaints and objections on workdays from 8 to 13 hrs via telephone at +49 (0)2593 9299197 or via email at firstname.lastname@example.org.
3. Offer and conclusion of the contract
3.1 The display of the products in the online shop does not represent a legally binding offer but an invitation to submit an offer subject to a charge. All offers are valid „while supplies last“, unless stated otherwise on the product page. Otherwise errors are excepted.
3.2. By clicking the button „Place order“ you submit a binding declaration of intent to order the goods listed on the order page. The purchase contract is concluded when we accept your order by issuing an order confirmation per email after receipt of your order or when we perform the delivery after the order.
4. Prices and delivery costs
4.1. The prices stated on the product page do not include statutory value-added tax and other price components.
4.2. In addition to the stated prices, delivery and shipping charges apply. The shipping cost is clearly stated in the shopping Basket system and on the order page.
4.3 The customer gives an assurance that he/she has provided the complete and correct delivery address. Should there be any additional shipping costs due to incorrect address details – such as additional shipping costs, incurred on top – the customer is obliged to repay these if he/she failed to cite the correct address.
5.1. Delivery is restricted to delivery addresses within the European Union, Switzerland and Norway. A delivery to other countries is possible. Shipping costs and delivery times will be determined on request.
5.2. The delivery time as a rule is 30 days after receipt of your payment of the invoiced amount. In case of a higher order volume delivery time can be up to 45 days. Should there be any variations in delivery times these are indicated on the respective product page. You will be informed about the exact delivery time for your order in the order confirmation.
5.3. Should it not be possible to deliver the ordered product in time due to materials not being delivered to us on time you will be informed immediately. In such cases you are free to wait for the product ordered or cancel your order. In case of cancellation any payments already received will be refunded without delay.
5.4. The delivery of the product takes place through a service provider or forwarder authorized by Stattmann Neue Moebel GbR.
6.1. As the goods – i.e. pieces of furniture – are manufactured individually for the customer we are only able to accept orders against payment in advance.
6.2. For processing the advance payment, the customer will be advised of our banking details in the order confirmation. After receipt of the payment, the delivery of the goods will take place subject to the afore-mentioned delivery period. Payments can also be made via invoice or PayPal.
For payments via PayPal the terms & conditions of the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.22-24 Boulevard Royal, L-2449 Luxembourg, apply. They can be reviewed at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.
7. Setting off and right of retention
7.1. You possess a right of set off should your counter claims be justifiable on legal grounds or acknowledged by us in writing.
7.2. You are able to exercise your right of retention only when the claims arise from the same contractual relationship.
8. Warranty (liability for defects)
Should there be a defect in the object purchased, then Stattmann Neue Moebel GbR is liable for material damage in accordance with the applicable legal regulations.
9.1. We have unlimited liability for damage to life, body and health in accordance with legal stipulations that are caused by a negligent or intentional breach of our obligations and those of our representatives or our sub contractors as well as for damage related to liability covered by the law of product liability. We are liable for damages not included in sentence 1 caused through intentional or gross negligent breaches of contract as well as malice by us, our legal representatives or sub contractors in accordance with the legal regulations. In this case liability for damages is limited to the foreseeable and usually occurring damages insofar as we, our legal representatives or our sub contractors have not acted intentionally. We are also liable to the extent of the guarantee of quality issued by us in respect of the goods or parts of the same. We are only liable for damage incurred due to a lack of a quality guaranty but not directly occurring to the goods when the risk of such damage is clearly covered by the guaranty of quality.
9.2. We are also liable for damage caused by ordinary negligence in so far as it concerns a breach of contractual obligations, in cases where compliance is of particular significance for the fulfilment of the purpose of the contract. We are however only liable insofar as the damage is typically associated with the contract and is foreseeable.
9.3. Any more extensive liability is excluded without consideration of the legal nature of the claim enforced; this applies especially to tort claims or claims for compensation for wasted expenditure instead of performance.
9.4. Should our liability be excluded or limited then this also applies to the personal liability of our employees, workers, staff, representatives and subcontractors.
Right of Cancellation by the consumer
In so far as the customer is a consumer in accordance with § 13 BGB (German Civil Code) the following right of cancellation is applicable. In contrast a contractor is every natural or judicial person or legal partnership who, on conclusion of the contract, operates in a professional manner in a commercial or freelance capacity, see § 14 BGB.
1. Right of cancellation
You are able to cancel your order without providing reasons in writing (e.g. letter, fax, email) within a 14 day period of notice. The period of notice begins after receipt of the notice in written form, although not before receipt of the goods by the recipient (only after receipt of the first part delivery for repeat deliveries of the same goods) and also not before completion of our obligation of disclosure in accordance with article 246 § 2 in association with § 1 para. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as obligations in accordance with § 312e para. 1 sentence 1 BGB in association with article 246 § 3 EGBGB. Returning the order of cancellation in good time preserves the right to the notice period.
The written cancellation is to be returned to Stattmann Neue Moebel GbR, Plaßstraße 9, 59387 Ascheberg. Alternatively, you can reach us by email at email@example.com
2. Consequences of cancellation
Should the cancellation be valid then the goods/payments received by both sides are to be returned and if necessary any benefit of use (e.g. interest) is to be surrendered. Should you not be in a position to return the goods received wholly or partially or only in a worse state then compensation for the value is, if required, to be provided. This does not apply to the surrender of goods if the deterioration of the item is based solely on an examination that would normally be possible in a retail outlet. Moreover, the obligation of compensation for deterioration caused by customary usage of the item can be avoided by not making use of the item as if it were your own property and avoid doing anything that might affect its value. Items suitable for sending by packet post are returned at our risk. You bear the costs of returning the item. Obligations for the refund of payments need to be fulfilled within 30 days after returning your declaration of cancellation. The notice period begins for you with the return of the declaration of cancellation or the return of the item and for us with the receipt of the item.
End of the cancellation policy