Wood trade Zahn
Tables & Benches & Standing tables
directly from the manufacturer
Your advantages with us:
Quality highest brewery quality Made in Germany
Shipping to B2B and Private
short delivery time and shipping worldwide
Flexibility - special sizes do not cost extra
These General Terms and Conditions (hereinafter "GTC") of Festzeltmöbel Zahn (hereinafter "Seller") apply to all contracts which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller. Herewith the inclusion of own conditions of the customer is contradicted, unless something else is agreed upon.
Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these AGB is a natural or legal person or a partnership with legal capacity, which acts with conclusion of a legal transaction in exercise of their commercial or independent vocational activity.
§ 1 Conclusion of contract
The contract between the seller and the customer for standard furniture is concluded by written order confirmation or order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive.
For custom-made products, the contract is concluded when the customer confirms the written or textual offer (fax or e-mail) in writing or in text form (fax or e-mail). Here the access with the salesman is authoritative. For the conclusion of the contract only the German language is available.
The order processing and establishment of contact usually takes place by e-mail. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address.
§ 2 Right of revocation
Consumers are generally entitled to a right of revocation, more detailed information on this can be found in the seller's revocation instructions.
The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
§ 3 Prices and payment conditions
The prices quoted in our offer are total prices which include the statutory value added tax. Additional delivery and shipping costs will be indicated separately before the conclusion of the contract, depending on the shipping method that the buyer wishes.
If prepayment is agreed, payment is due immediately after conclusion of the contract. For the rest, delivery shall be effected on account.
For deliveries to countries outside the European Union, additional costs may be incurred in individual cases which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by banks or import duties or taxes (e.g. customs duties).
Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
The costs for the delivery are always borne by the consumer.
§ 4 Terms of delivery and shipping The place of performance for the seller is Schlitz. A collection at the location Schlitz is possible after arrangement.
By the way of shipment, the delivery of goods takes place to the delivery address indicated by the customer, unless otherwise agreed. The goods are delivered by forwarding agency or package dispatch. The buyer bears the costs for the delivery, even if he is a consumer. If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer also bears the costs of this unsuccessful shipment. This does not apply if the customer exercises his right of revocation effectively.
By the way of shipment, the delivery of goods takes place to the delivery address indicated by the customer, unless otherwise agreed. The goods are delivered by forwarding agency or package dispatch. The buyer bears the costs for the delivery, even if he is a consumer. If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer also bears the costs of this unsuccessful shipment. This does not apply if the customer exercises his right of revocation effectively.
For orders that are cancelled without authorization or are not collected, reintegration costs amounting to 25% of the purchase price will be charged. This does not apply to consumers who make use of their right of withdrawal.
§ 5 Reservation of title
The seller retains title to the delivered goods until the purchase price due has been paid in full.
If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance to the seller all resulting claims against third parties in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. The authority of the seller to collect the claim himself remains unaffected. However, the seller will not collect the claim as long as the customer fulfils his payment obligations towards the buyer, does not default in payment and no application for the opening of insolvency proceedings has been made.
§ 6 Liability for defects
If there is a defect in the purchased item, the statutory provisions shall apply with the following restrictions:
For consumers, the limitation period for claims for defects is two years from delivery of the goods to the customer.
For entrepreneurs
If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 HGB (German Commercial Code). If the customer omits the notification obligations regulated there, the goods shall be deemed to be approved.
If the customer acts as a consumer, it is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual defect claims.
If the supplementary performance is carried out in the form of a replacement delivery, the customer is obliged to return the defective goods delivered first to the seller within 30 days at the seller's expense. Returns of the defective goods must be made in accordance with the statutory provisions.
§ 7 Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses as follows:
The seller is liable for any legal reason without limitation in cases of intent and gross negligence, negligent or intentional injury to life, limb or health.
If the Seller negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with paragraph 1. Essential contractual obligations are obligations which the contract
imposed on the seller according to its content to achieve the contract, the fulfilment of which made the proper execution of the contract possible in the first place and the observance of which the customer may regularly trust. Any further liability on the part of the seller is excluded.
The above liability regulations also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
§ 8 Governing law
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international purchase of movable goods. Furthermore, this choice of law shall not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence the delivery address is outside the European Union at the time of the conclusion of the contract.
§ 9 Place of jurisdiction
If the customer is considered a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is 64720 Michelstadt.
www.holzhandel-zahn.de