General Terms and Conditions (GTC)
General terms and conditions with customer information
Table of Contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Alternative dispute resolution
10. Procedure for submitting and processing complaints
11. The right to withdraw from the contract & MODEL statement of withdrawal from a distance contract
1.1 These General Terms and Conditions (hereinafter "GTC") of Magdalena Stelmaszyk, acting under "Thomas Möbel" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with Closes the seller with regard to the goods presented by the seller in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not 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 via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone, email, post or online contact form.
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 receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account, specifying the corresponding login data.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise 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 credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer 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.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If payment in advance has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with Dotpay sp. z o.o., Wielicka street 28B, 30-552 Kraków (www.dotpay.pl) to which the provider assigns his payment claim. The Dotpay sp. z o.o. collects the invoice amount from the customer's specified credit card account. In the case of assignment, only Dotpay sp. zoo. be performed with a debt-free effect. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains available even when selecting the payment method credit card payment via Dotpay sp. zoo. responsible for general customer inquiries e.g. for goods, delivery time, dispatch, returns, complaints, revocation declarations and dispatches or credits.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer 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 announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 Pick-up is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 The customer 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 legal or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10) Procedure for submitting and processing complaints
10.1 The basis and scope of the Seller's liability to the Customer, if the Product sold has a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular in art. 556 et seq. Of the Civil Code.
10.2 Products presented in the Online Store may be covered by the manufacturer's or distributor's warranty. Detailed warranty conditions and its duration are then given in the warranty card issued by the guarantor and attached to the Product.
10.3 The Seller is obliged to provide the Customer with a Product without defects.
10.4 A complaint may be submitted by the Customer, for example:
a. in writing to the following address: Magdalena Stelmaszyk, Karl-Müller-Weg 4, 63322 Rödermark, Deutschland
b. in electronic form via e-mail to the following address: email@example.com;
10.5 If the sold Product has a defect, the Customer may:
a. make a statement about the reduction of the Price or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a non-defective Product or removes the defect. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the contract if the Product defect is insignificant;
b. demand replacement of the Product with a product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer;
with reservations and on the principles set out in the relevant provisions of the Civil Code.
10.6 The Customer may instead of the removal of the defect proposed by the Seller request the replacement of the Product for a product free from defects or instead of the replacement of the Product request the removal of the defect, unless bringing the Product to compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by reseller. When assessing the excessive costs, the value of the Product free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
10.7 It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the Product into compliance with the Sale Agreement or a statement on price reduction or withdrawal from the Sale Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
10.8 The Seller shall respond to the Customer's complaint promptly, no later than within 14 days from the date of its receipt. If the Customer demanded replacement of the item or removal of the defect or made a statement on the price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 days from the date of its receipt, it is considered that this request was considered justified.
10.9 In the event that to respond by the Seller to the Customer's complaint or to exercise the Customer's rights under the warranty it will be necessary to provide the Product to the Seller, in accordance with art. 5612 in connection from art. 354 § 2 of the Civil Code, the Customer is obliged to secure the product until it is picked up by the Manufacturer. Details of the ways of providing the Product to the Seller free of charge by the Seller to the Seller can be found in the Online Store in the "Warranty / Complaint" tab. The Customer is obliged to provide the Seller, after prior appointment, the Product in the place where the Product is located.
10.10 The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. The claim for removing the defect or replacing the Product with a product free from defects expires after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer - the limitation period cannot end before the period referred to in the first sentence.
11) The right to withdraw from the contract & MODEL statement of withdrawal from a distance contract
11.1 A consumer who has entered into a distance contract may withdraw from it within 14 days without giving a reason and without incurring any costs than provided for by law. To meet the deadline, it is sufficient for the Consumer to submit a statement by the Seller before its expiry. The consumer may submit any unequivocal statement in which he will inform about his withdrawal from the Sales Agreement. A declaration of withdrawal from the Sales Agreement may be submitted, for example:
a. in writing to the following address: Magdalena Stelmaszyk, Karl-Müller-Weg 4, 63322 Rödermark, Deutschland;
b. in electronic form via e-mail to the following address: firstname.lastname@example.org;
c. using the withdrawal form, a model of which can be found in point 10 of these Regulations.
11.2 The period for withdrawing from the Sales Agreement begins from the date the Product is taken over by the Consumer or a third party indicated by him other than the carrier, and in the case of a Sales Agreement which:
a. covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or
b. involves the regular delivery of Products for a limited period of time - from taking possession of the first of the Products;
11.3 In the event of withdrawal from a distance contract, the contract is considered void.
11.4 The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs arising from the method of delivery chosen by the Customer another than the cheapest usual delivery method available in the Online Store).
11.5 The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of his return, depending on which event occurs first.
11.6 The consumer is obliged to immediately, not later than within 14 days from the day on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: Perzów 13-14, 63-642 Perzów. Please provide proof of purchase of the Product.
11.7 The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
11.8 The consumer bears only the direct cost of returning the Product. As part of the promotional campaign, the Seller may offer the Consumer the collection of returned Products by the Seller from the Consumer.
11.9 The consumer is not entitled to withdraw from a distance contract in respect of contracts:
11.9.1 for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the beginning of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract;
11.9.2 in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract;
11.9.3 in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
11.9.4 in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
11.9.5 in which the subject of the service is the Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
11.9.6 in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items;
11.9.7 in which the consumer expressly demanded that the Seller visit him for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the consumer or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is entitled to the consumer in respect of additional services or Products;
11.10 Model statement on withdrawal from a distance contract
.................................................. ...................., on ......................
first name, last name and address of the consumer
company name and address
DECLARATION OF WITHDRAWAL FROM A CONTRACT CONCLUDED AT DISTANCE
I declare that pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) I withdraw from the contract No. ............ concluded on ........ ............ regarding the purchase of a good / service ................................. ......................................