General terms and conditions of business
Information in accordance with Section 5 TMG / Section 55 RStV
This page sets out the terms and conditions under which we supply you with any products listed in our online store. Please read these terms and conditions carefully before ordering products from our store. You must be aware that by ordering any of our products you agree to be bound by these terms and conditions.
Jan Willem van den Bosch
Telephone: +49 (0) 8974038505
1. SCOPE; DEFINITIONS OF TERMS
1.1 Business transactions and delivery are carried out exclusively in accordance with these General Terms and Conditions, which form the basis of all contracts concluded on the basis of the offers on www.onehouse.de. General terms and conditions that conflict with or deviate from the following provisions do not apply. These General Terms and Conditions do not apply to the purchase of goods sold by ONE HOUSE on other online marketplaces or to purchases on site in the brand stores.
1.2 'Consumers' within the meaning of these General Terms and Conditions are natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity.
1.3 “Entrepreneurs” within the meaning of these General Terms and Conditions, on the other hand, are natural or legal persons or legal partnerships who order for commercial, self-employed or freelance purposes.
1.4 “Customers” within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
2. CONCLUSION OF THE CONTRACT
2.1 The presentation of the products in our online shop does not constitute a legally binding offer to conclude a purchase contract, but rather an invitation to the customer to make an offer by placing an order.
2.2 By submitting the order in our online store (clicking on the 'Buy' button), the customer is making a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart and at the same time acknowledges the validity of these General Terms and Conditions.
2.3 We will inform the customer immediately of receipt of the order by email. This confirmation of receipt does not yet constitute acceptance of the contract offer by us.
2.4 All orders are subject to acceptance by us and we will communicate this acceptance by sending you a separate email within 4 days confirming that the product has become part of the purchase contract (Contract Confirmation). The contract between you and us will only be concluded if we send you this contract confirmation. If you have not received a contract confirmation from us after these 4 days, you are no longer bound to your order.
2.5 The contract will only relate to the products that we have communicated in the contract confirmation. We are under no obligation to dispatch any other products which may have formed part of your order until we also send you a separate email for those products confirming that those products have become part of the purchase contract (Contract Confirmation).
2.7 Before bindingly submitting 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 of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order 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 by the seller to process the order can be delivered.
3. DELIVERY, ASSEMBLY; SHIPPING
3.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
3.2 The costs for delivery and assembly are € 169. Please note that certain products are delivered pre-assembled. For legal reasons, we are not allowed to install lamps and lights.
4. PRICES; PAYMENT; ADDITIONAL SERVICES
4.1 The prices listed in the online shop at the time of ordering apply. The product prices include the applicable German statutory VAT.
5. RETENTION OF TITLE
5.1 The goods remain the property of the seller until all claims have been paid in full
6. RETENTION OF TITLE (EXTENDED)
6.1 If the customer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity, the following conditions apply in addition.
6.2 The customer is entitled to resell the reserved goods in the normal course of business. The seller reserves the right to revoke the consent to resell the goods delivered under retention of title and, in the event of late payment, to withdraw from the contract and demand the return of the goods.
6.3 The customer hereby assigns the customer's claims from the resale of the reserved goods to the seller in the amount of the final invoice amount agreed with the seller (including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. However, the seller remains entitled to collect the claim himself. However, the seller will not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended.
6.4 The seller undertakes to release the securities to which he is entitled at the customer's request if their value exceeds all claims to be secured by more than 20%.
7. DESCRIPTION OF THE GOODS
7.1 ONE HOUSE puts considerable effort into illustrating its products. We offer custom furniture and the ability to put it together online. The images of the furniture are dynamic so you can see all the possible furniture solutions we offer. Whether a custom product is being built or not, each image should be viewed in conjunction with the text describing it and is limited by the display settings of your own computer monitor. If an exact color match is of utmost importance, we recommend ordering a material sample or contacting your local ONE HOUSE Brand Store.
7.2 Mass-produced furniture is sold based on a sample or illustration. Customary and reasonable color and structure deviations in wooden surfaces remain reserved. Customary and reasonable deviations in textiles (e.g. furniture and decorative fabrics and leather) are also reserved. This applies in particular to minor differences in design compared to fabric and leather samples, especially in color.
8. DELIVERY TIME
8.1 The exact delivery times will be shown to you at the beginning and end of the ordering process with an appointment. The delivery period begins with payment on the day after the payment order is issued to the transferring credit institution and ends on the last day of the delivery period stated in the description. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day. If the seller cannot meet this delivery time, the buyer must grant a reasonable grace period of at least 6 weeks - starting from the day of receipt of the written notice of default by the buyer, or - in the case of a calendar-based delivery period - with its expiry . If the goods do not arrive by the end of the statutory delivery period, the buyer can withdraw from the contract.
8.2 Disruptions in its business operations or those of its suppliers for which the seller is not responsible, in particular due to work stoppages and lockouts, as well as cases of force majeure that are based on an unforeseeable event for which he is not responsible, extend the delivery time accordingly. If the impediment to performance in the aforementioned cases lasts for a period of more than 6 weeks after the originally applicable delivery times, the customer is entitled to withdraw from the contract. Further claims, especially for damages do not exist.
9. TRANSFER OF RISK
9.1 For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are handed over to the consumer or a recipient designated by the consumer. This applies regardless of whether shipping is insured or not. The transfer is the same if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, or in the case of mail order purchases, upon delivery of the goods to the freight forwarder or the person or institution otherwise designated to carry out the shipment.
10. DEFAULT OF ACCEPTANCE
10.1. If the buyer, after expiry of a reasonable grace period set for him, with the threat of withdrawing from the contract after the expiry of the deadline or demanding compensation instead of performance, remains silent, or refuses payment and/or acceptance or expressly declares that he does not want to accept, the claim remains of the seller insist on fulfillment of the contract. Instead, he can withdraw from the contract and/or demand compensation instead of performance in accordance with Section 10.2.
10.2 If the seller claims damages instead of performance in the event of default by the buyer in accordance with Section 10.1, the seller can claim flat-rate costs of 25% of the purchase price without deductions, unless the buyer proves that there was no damage at all or not in the amount of the damage Flat rate was incurred.
10.3 The seller reserves the right to claim higher damages instead of the flat rate compensation, such as in the case of custom-made products and/or special orders.
10.4 If the delay in acceptance lasts longer than one month, the buyer must pay any storage costs incurred (see sales and collection conditions). The seller can also use a shipping company for storage.
11.1 The seller does not have to deliver if the manufacturer has stopped production of the ordered goods or if there are cases of force majeure, provided that these circumstances occurred after the conclusion of the contract, were not foreseeable at the time of conclusion of the contract and the seller is not responsible for the non-delivery and the also proves that he tried in vain to procure similar goods. The seller must immediately notify the buyer of the circumstances mentioned and immediately reimburse him for the consideration provided.
11.2 The seller has the right to withdraw if the buyer has provided incorrect information about the facts that are essential to his creditworthiness and which are likely to jeopardize the seller's claim to performance in a justified manner. The same applies if the buyer stops making payments due to objective insolvency or if insolvency proceedings have been filed against his assets. Section 12 applies to the return of goods.
12.1 In the event of a justified defect, the buyer can demand subsequent performance and the provisions of statutory liability for defects apply.
12.2 The seller can refuse the repair or replacement delivery if this is only possible with disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the buyer.
12.3 The buyer can withdraw from the contract or demand a reduction in the purchase price if subsequent performance has failed or was not provided within a reasonable period of time or was finally refused by the seller. A repair is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise.
12.4 If the buyer chooses to withdraw in accordance with Section 12.3, he must return the defective goods and pay compensation for the benefit derived. When determining the value, the proportional linear reduction in value in comparison between the actual useful life and the expected total useful life is important.
12.5 The warranty does not cover damage caused to the buyer by unnatural use, moisture, excessive heating of the rooms, other temperature or weather influences or improper handling.
12.6 Warranty claims expire 5 years after handover.
12.7 If the customer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity, the limitation period for warranty claims is 1 year from handover. The above shortening of the limitation period does not apply to the customer's claims for damages due to injury to life, body or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The above shortening of the limitation period also does not apply to claims for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
13. STATUTORY RIGHT OF WITHDRAWAL FOR CONSUMERS
13.1 As a consumer, you have the right to cancel this contract within fourteen days without giving reasons. This does not apply to goods that are not prefabricated and for whose production an individual selection or determination by the consumer is necessary or the goods are clearly tailored to the personal needs of the consumer. This includes all upholstered and leather furniture individually manufactured according to customer requirements with customer-specific material and color selection.
13.2 If the customer is a legal entity under public law, a special fund under public law or an entrepreneur who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity, he is not entitled to the statutory right of withdrawal.
13.3 The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the goods.
13.4 In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier receives the last goods has taken possession.
13.5 In the case of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the last partial shipment or last piece .
13.6 In order to exercise your right of withdrawal, you must inform us (ONE HOUSE, Pestalozzistrasse 40A, 80469 Munich / +49 (0) 89 74038505 / email@example.com ) by means of a clear statement (e.g. a letter sent by post or e -Email) about your decision to revoke this contract.
13.7 In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
14. CONSEQUENCES OF CANCELLATION
14.1 If you cancel the purchase contract, we will pay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have chosen), 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 use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
14.2 We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
14.3 You are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.
15. APPLICABLE LAW, JURISDICTION
15.1 If the customer is not a consumer and unless otherwise agreed, then the place of performance/performance for all obligations arising from the contractual relationship is Munich.
15.2 German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
15.3 The exclusive place of jurisdiction for all current and future claims arising from business relationships with merchants, including bills of exchange and check claims, is Munich.
15.4 The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of abode outside of the country after the contract has been concluded, or if his place of residence or usual place of abode is not known at the time the action is filed. Furthermore, for claims by ONE HOUSE Munich against the customer, the customer's place of residence is the place of jurisdiction.