Conditions of use
GENERAL CONDITIONS OF BÜROFORUM PLANEN UND EINRICHTEN GMBH; REPRESENTED BY THE CEO JOCHEN BÄHR, DANIEL RÜTTIGER EDITH-STEIN-STR. 3, 97084 WÜRZBURG
§ 1 Validity of Terms, defintions
(1) For the business relationship between büroforum planen und einrichten GmbH., (hereinafter "büroforum") and the customer (hereinafter referred to as "customer"), the following terms and conditions apply exclusively in the version valid at the time of order.
(2) The customer is a consumer within the meaning of these general terms and conditions, insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The customer can choose from the assortment of büroforum products, in particular furnishing and furniture, (hereinafter referred to as "goods") and collect them via the button "add to cart" in a virtual shopping cart. Via the button "buy now" he makes a binding offer to buy the goods in the shopping cart. However, the offer can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the corresponding button and thereby included them in his offer
(2) Before sending the order, büroforum makes it possible for the customer to check the order for its correctness of contents, in particular price and quantity, and to correct it if necessary.
(3) After receipt of the order, büroforum will send the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again. The automatic acknowledgment of receipt merely documents that the customer's order has been received by büroforum and does not constitute acceptance of the offer. The contract only comes into effect by submitting a declaration of acceptance sent by büroforum with separate email or by sending the ordered goods within seven days
(4) The contract text can be printed by the customer via the function "Print". The text of the contract can also be saved on the customer's computer by clicking on the right mouse button and then entering the command via the menu that appears to save the website with the contract text. The text of the contract can also be saved on the customer's computer by clicking on the right mouse button and then entering the command via the menu that appears to save the website with the contract text. Via the button "my orders" the customer can view his past orders and the relevant data.
(5) The language available to the customer for the conclusion of the contract is German.
§ 3 Prices and Shipping costs
(1) All stated prices include the statutory value added tax.
(2) shipping costs are to be paid by the buyer and are calculated as follows:
The shipping costs are again listed precisely in the offer declaration (§ 2 s. 2) for the customer.
(3) The shipping risk bears büroforum, when the customer is a consumer.
§ 4 Payment terms
(1) The customer can pay via credit card, prepayment, purchase on account, Amazon, Sofortüberweisung, cash on delivery, Paypal or installment purchase.
(2) The payment of the selling price is due immediately after conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default of payment by omission of the appointment.
(3) The payment processing of the payment processor PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: „PayPal") offered payment methods is effected via PayPal under accordance of the Pay-Pal terms of use or – should the buyer not have a PayPal-account – under the application of payment terms without PayPal-account. The terms of use are accessible here: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a Paypal account – under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
(4) The payment processing for installment purchases via easyCredit TeamBank AG Nürnberg, Beuthener Str. 25, 90471 Nürnberg (hereinafter: „easyCredit“), is done by easyCredit according to the general terms for installment purchases of easyCredit-, which are accessible here: http://www.einrichten-design.de/media/wysiwyg/payment-documents/rk_ergaenzende_agbs_zum_ratenkauf_by-easycredit_1.0.pdf
(5) Payment processing for a purchase on account via Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: "Klarna"), shall be carried out via Klarna subject to the Klarna Terms and Conditions for Purchase on Account, which can be viewed at
Terms and Conditions | Klarna International
.
§ 5 Warranty / Liability
(1) büroforum warrants for material defects in accordance with the statutory provisions, in particular §§ 434 ff. BGB (German Civil Code), unless otherwise agreed below.
(2) Consumer claims for compensation are excluded. Except are claims for compensation by the consumer resulting from injury to life, body, health or breach of major contractual obligations (e. g., which the contract according to its content and purpose enforces on büroforum or the fullfilment of such enables the proper implementation in the first place and which the customer regularly honours and is expected to be honoured) as well as the liability for other damages, which are based on a deliberate or grossly negligent breach of duty by büroforum, its legal representative or agent.
(3) For the breach of essential contractual obligation büroforum is liable only for the foreseeable damage typical of the contract if it was caused by negligence except it is a compensation claim of the customer regarding injury to life, body or health.
(4) The limitation of s. 1 and 2 also apply to the legal representative and agents of büroforum, if claims are asserted directly against them.
(5) The provisions of the Product Liability Law remain unaffected.
§ 6 Cancellation Right with Respect to Distance Sales Contracts
Right of revocation for consumers
Consumer are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:
Right of revocation
You have the right to withdraw from this contract within 28 days without giving any reason.
The withdrawal period is 28 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (büroforum - planen und einrichten GmbH; represented by the managing directors Mr. Jochen Bähr and Mr. Daniel Rüttiger, Edith-Stein-Str. 3 ; 97084 Würzburg-Rottenbauer; phone: +49 (0)931 / 8 09 92 - 200; fax: +49 (0)931 / 8 09 92 - 199; e-mail: info@einrichten-design.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form attached below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any event no later than 28 days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the 28-day period has expired.
Goods that can be sent by parcel post:
Within the EU: We bear the costs of returning goods that can be sent by parcel post if the order value exceeds €100. A flat-rate returns fee is charged for orders under €100. This fee will be offset against the shipping costs already paid in the same amount, so that neither an additional charge nor a refund will be made.
Outside the EU: The return shipment must be paid in full by the buyer.
Freight forwarding: You bear the direct costs of returning goods that cannot be sent by parcel post. The costs are EUR 70.00 per item unit within Germany and EUR 140.00 per item unit within the rest of the EU and non-EU countries.
An island surcharge may be added, the amount of which we will inform you of upon request from the parcel service or shipping company.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion from the right of revocation
The right of withdrawal does not apply, among other things, to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
Preterm expiration of the right of revocation
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
End of the withdrawal policy
End of right of revocation
Please understand that there is no right of withdrawal for deliveries outside the European Union. This does not apply to deliveries to Switzerland and Liechtenstein.
Download of our sample revocation form:
Note: Any damage that is not externally visible must be reported to einrichten design within seven days of delivery. When accepting the goods, please make sure that no external damage is visible on the package. If this is clearly visible, do not accept the package. Otherwise the transport insurance will not apply and we cannot guarantee an exchange.
You can register your complaint or return using our returns form.
§ 7 Cancellation right
(1) Notwithstanding the warranty for material defects according to § 5 and the right of cancellation according to § 6, consumers have the right of cancellation in accordance with the following paragraphs.
(2) The customer may cancel the following contracts:
1. contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
2. contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
(3) The cancellation period is 28 days (cancellation period). The cancellation period begins on the day on which the purchase contract is concluded. In order to exercise the right of cancellation, the customer must inform büroforum of his decision to cancel the contract by means of a clear declaration. To meet the cancellation deadline, the cancellation declaration must be received within the cancellation period.
(4) If the contract is cancelled, büroforum shall refund all payments received from the customer, excluding delivery costs, less the cancellation costs (20%) within 28 days of receipt of the cancellation notice. If the customer has not yet made a payment to büroforum, büroforum may demand the cancellation costs (20%) from the customer. The cancellation costs within the meaning of sentences 1 and 2 shall be calculated from the agreed purchase price without consideration of discounts and delivery costs. büroforum may refuse repayment until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
(5) The costs of returning the goods shall be borne
1. for goods that can be sent by parcel post büroforum within the EU. From all other countries, the return shipment must be borne entirely by the customer.
2. for goods that cannot be sent by parcel post (forwarding agent) the customer. The costs are estimated at a maximum of around EUR 70.00 within Germany and EUR 140.00 within the rest of the EU and non-EU countries.
An island surcharge may be added; büroforum will inform the customer of the amount after enquiring with the parcel service or shipping company.
(6) Within the EU: We bear the costs of returning goods that can be sent by parcel post if the order value exceeds €100. A flat-rate returns fee will be charged for orders under €100. This fee will be offset against the shipping costs already paid in the same amount, so that neither an additional charge nor a refund will be made. Outside the EU: The return shipment must be paid in full by the buyer.
(7) Freight forwarding: You bear the direct costs of returning goods that cannot be sent by parcel post. The costs are estimated at a maximum of around EUR 70.00 within Germany and EUR 140.00 within the other EU and non-EU countries.
§ 8 Information on data processing
(1) büroforum collects data of the customer in the context of the execution of contracts. It observes in particular the regulations of the Federal Data Protection Act and Telemedia Act. Without the consent of the customer, büroforum will only collect, process or use the customer's inventory and usage data, as far as this is necessary for the execution of the contractual relationship and for the use and billing of Telemedia.
(2) Moreover with regard to the customer's consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed on the website of büroforum at any time via the "Privacy" button in printable form.
§ 9 Platform for online dispute resolution / general information on the dispute settlement procedure before consumer arbitration
(1) The European Commission has provided a online platform for dispute resolution (OS-platform): http://ec.europa.eu/consumers/odr/
(2) büroforum is neither obliged nor willing to participate in dispute settlement before a customer arbitration board.
§ 10 Final definition
Contracts between büroforum and the customer shall be governed by the law of the Federal Republic of Germany, excluding the provisions of the UN Sales Convention. However, the choice of law shall not apply insofar as the customer is deprived of the protection granted to him by the provisions which, under the law of the country in which the customer has his habitual residence, may not be derogated from by agreement.
