Conditions of Use
Terms and Conditions - Online Store
Status: November 2011 | Version 1.03
First Identification, General Provisions / validity
1.1.
Sells on its online shop with the URL http:// www.designholz.com
Mr. Mathias Pfeifhofer
Beim Alten Schützenhof 13
22083 Hamburg / Germany
Tel: +49 (0) 40 - 23 80 67 10
Tel: +49 (0) 0171 80 11 769
E-mail: info (at) designholz (dot) com
VAT ID. No.: DE254422168
particular veneers and exotic woods.
1.2.
These Terms apply to all contracts between Mr. Mathias Pfeifhofer - (hereinafter Designholz.com) and the customer, which are based on the current on-line shop.
1.3.
DESIGNHOLZ.COM customers can be both consumers and entrepreneurs.
1.3.1
As a consumer means any natural person is considered that a legal transaction for a purpose that is neither commercial nor its independent vocational activity may be attributed.
1.3.2
A contractor under these Conditions shall mean any natural or legal person or a legal partnership that upon conclusion of the contract as part of its commercial or independent professional activity.
Second Formation of the contract, contract language
2.1.
The individual within the online stores of DESIGNHOLZ.COM products listed and / or services do not constitute binding offers DESIGNHOLZ.COM, it is rather an invitation to the customer to make a binding offer by placing an order.
2.2.
The customer has the option within the online store to select products and order them. Before submitting an order, the customer will allow you to check the order details and correct any input errors.
2.3.
By sending the order from the virtual "shopping cart", the customer makes a binding order on the information contained in this article. Access this order is DESIGNHOLZ.COM the customer immediately confirm by e-mail.
2.4.
The purchase comes with the explicit acceptance by DESIGNHOLZ.COM. It must DESIGNHOLZ.COM entitled to accept the contract offer from the customer within three working days after receipt of order.
2.5.
Contract language is German.
Third Contract text storage
The contract text is not saved for the purchase process after the contract and is available on the Web site for customers among its member data will not be again. Use the print feature of the browser, the website with the relevant contract information is printed out during the ordering process. In addition, shares DESIGNHOLZ.COM the customer with the required contract information in text form.
4th Prices, Payment
4.1.
Understood as the purchase price amounts listed, without exception, are final and include all price components, including applicable sales tax. In individual cases, however, arise in cross-border trade taxes (eg in case of an intra-Community acquisition) and / or charges (eg customs duties), to be paid by the customer.
4.2.
The purchase prices are valid - is unless expressly agreed otherwise between the customer and DESIGNHOLZ.COM - plus shipping, postage and insurance. When the shipment thus subject to additional Shipping costs, the amount of additional Shipping costs based on the information provided in the online shop.
4.3.
DESIGNHOLZ.COM notify the customer in the online shop, each with what payment options are actually available. The customer chooses from among its own on the available payment methods, the preferred method of payment.
4.4.
The customer agrees in the event of an agreed advance payment of the purchase price plus any shipping costs within ten days after receipt of the request for payment to be paid without deduction. After the expiry of this deadline, the customer without further explanation (payment) delays. In case of delivery against cash payment of the purchase price plus any delivery and shipping costs at the time of delivery of the shipment by leading transportation companies.
5th Delivery and shipping terms, the transfer of risk
5.1.
DESIGNHOLZ.COM the delivery of the purchased items - unless otherwise agreed with the customer - on the shipping routes and make payment in advance to the customer's delivery address stored.
5.2.
A collection by the customer are not eligible.
5.3.
DESIGNHOLZ.COM takes the shipment of the item purchased - unless it is explicitly pointed to a shorter or longer delivery time - within two working days after receipt of payment before when DESIGNHOLZ.COM between customers and the advance payment has been agreed. DESIGNHOLZ.COM takes the shipment of the item purchased - unless it is explicitly pointed to a shorter or longer delivery time - within two working days after the conclusion of the Treaty, if the delivery of the goods has been agreed by COD.
5.4.1
DESIGNHOLZ.COM indicates that the risk of accidental loss and accidental deterioration of the goods sold by entrepreneurs with the delivery of the goods to himself or herself or to an authorized person, the mail order purchase, however, with the delivery of goods to a transport person passes.
5.4.2
For contracts with consumers, the risk of accidental loss and accidental deterioration of the goods sold without first talking with the delivery of the goods to the consumer on these over; hence the dispatch of purchase.
5.4.3
The risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer if the customer is in default of acceptance.
6. Withdrawal and follow-
Available to consumers under the distance selling regulations a right of withdrawal. In the event of exercise of this distance selling legal right of withdrawal, the Parties agree that the consumer bears the costs of returning the goods if the price of the item to be returned from EUR 40.00 does not exceed or at a higher price, the consumer the consideration or not yet paid a partial payment at the time of the revocation has, except that the goods are not ordered.
As a consumer, thus they have the right to their contract agreement in accordance with the following instruction to revoke:
Revocation
Withdrawal
You can cancel your contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if the goods before the deadline expires - by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law, as well as our duties according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or the thing. The revocation must be sent to:
Mathias Pfeifhofer
Beim Alten Schützenhof 13
22083 Hamburg / Germany
E-mail: info@designholz.com
Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. Can you give us the performance received and benefits (eg usage advantages) or not to issue or not, or only in deteriorated condition or in part, to the extent you have to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is in our store and customary. Transportable items are to be returned at our risk. You have to bear the costs of returning the goods if the goods ordered and if the price of the item to be returned by not exceeding 40 euros, or if you are at a higher price the thing is not at the time of full payment or a contractually agreed part payment provided. Otherwise, the return is free of charge. Not parcel things are picked up. Obligations to reimburse payments must be made within 30 days. The period begins with the declaration of revocation or the thing for us with their receipt.
Special Notes
The right of withdrawal according to § 312 para 4 No. 1 BGB does not apply to contracts for supply of goods that are produced according to customer specifications or clearly tailored to personal needs.
End of withdrawal
7.Retention of title
Until full payment by the customer reserves DESIGNHOLZ.COM title to the goods.
8. Rights relating to defects of the thing (warranty)
Inquiries and / or complaints of any kind should be sent to DESIGNHOLZ.COM regarding the above contact details.
8.1.
If the purchased item is defective, the customer, if and when the conditions of the statutory provisions on the rights of any deficiencies, a claim for remedy under § § 437, No. 1, 439 BGB.
8.2.1
Consumers have so far the choice whether remedy or replacement delivery. DESIGNHOLZ.COM nevertheless reserves the right to refuse the type of post, if it is only possible with disproportionate costs and the other type of performance without significant disadvantages for the consumer.
8.2.2
With regard to companies DESIGNHOLZ.COM warranty for defects in the goods at its option by repair or replacement.
8.2.3
As defined in § 437, No. 2 and 3 BGB the buyer for defects of the provisions of clauses remain unaffected up to and including 8.2.1 8.2.2 of these Conditions.
8.3.
The limitation period for defects in new goods is from a consumer's rights two years after delivery of the goods from the rights of an entrepreneur one year after delivery of the goods. If a used item purchased by a consumer, barred his warranty claims in one year from delivery of the goods on him. A used item is purchased by an entrepreneur, there are no warranty claims.
Deadlines associated with these facilities limitation shall not apply where DESIGNHOLZ.COM under Clause 9 these Conditions or unless it comes to the real right of a third party is the basis of which the publication of the delivered goods may be required.
8.4.
As defined in § § 478, 479 BGB recourse of entrepreneurs affected by the provisions of paragraphs 8.1. up to and including 8.3. these terms unaffected.
8.5.
Obvious defects by merchants within a period of two weeks from receipt of the goods on display above-listed contact details, otherwise the assertion of the warranty claim is excluded. The revocation period is sufficient to send the lack of display.
9. Liability provisions
9.1.
DESIGNHOLZ.COM liable under the statutory provisions for unlimited damages for injury to life, limb or health caused by an intentional or negligent breach of duty and for other damages based on intentional or grossly negligent breach of duty and fraud. In addition DESIGNHOLZ.COM is fully liable for damages of legal liability under the mandatory provisions, such as the Product Liability Act, as well as in the case of loan guarantees.
9.2.
DESIGNHOLZ.COM liable for damage not covered by clause 9.1. recorded and are caused by simple or ordinary negligence, as far as this negligence concerns the breach of contractual obligations, the fulfillment of the proper execution of contract in the first, and must trust in its compliance with the customer (cardinal obligations). The liability of DESIGNHOLZ.COM limited however to the typically foreseeable damage.
9.3.
DESIGNHOLZ.COM liable in the event of slightly negligent violation of contractual obligations, neither of paragraph 9.1. nor of paragraph 9.2. be recorded (so-called immaterial contractual obligations) to consumers only in the event that it is typical contractual predictable damage.
9.4.
Any further liability is excluded.
10th Final Provisions
10.1.
Applicable law is the law of the Federal Republic of Germany.
10.1.1
The right choice in section 10.1. applies to consumers who complete the contract for professional or commercial purposes, in as much as the protection provided by mandatory provisions of the laws of the State in which the consumer has his habitual residence, is revoked.
10.1.2
Not apply the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2.
If a customer is not known as an entrepreneur has no general jurisdiction in Germany or domicile of the entrepreneur in the time of the complaint, the exclusive jurisdiction for all disputes arising under this contract shall be the seat of DESIGNHOLZ.COM. To invoke the power of DESIGNHOLZ.COM the court in another jurisdiction is not affected.
