GTC
GENERAL TERMS AND CONDITIONS OF BÜROFORUM PLANEN UND EINRICHTEN GMBH; REPRESENTED BY THE MANAGING DIRECTORS JOCHEN BÄHR, DANIEL RÜTTIGER, EDITH-STEIN-STR. 3, 97084 WÜRZBURG
§ 1 Scope of application, definitions
(1) The business relationship between büroforum planen und einrichten GmbH (hereinafter referred to as "büroforum") and the customer (hereinafter referred to as "customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the 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 predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from the büroforum range, in particular furnishings and furniture (hereinafter referred to as "goods") and collect them in a virtual shopping basket using the "add to basket" button. By clicking the "Buy now" button, the customer submits a binding offer to purchase the goods in the shopping basket. However, the offer can only be submitted and transmitted if the customer accepts these General Terms and Conditions by clicking on the corresponding button and has thereby included them in his offer.
(2) Before sending the order, büroforum enables the customer to check the order for correctness of content, in particular price and quantity, and to correct it if necessary.
(3) After receiving the order, büroforum shall send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the customer's order has been received by büroforum and does not constitute acceptance of the offer. The contract is only concluded when büroforum issues a declaration of acceptance sent by separate e-mail or when the ordered goods are dispatched within seven days.
(4) The text of the contract can be printed out by the customer using the "Print" function. The contract text can also be saved on the customer's computer by clicking on the right mouse button and then entering a command via the menu that appears to save the website with the contract text. The customer can view his past orders and the relevant data via the "My orders" button.
(5) The language available to the customer for the conclusion of the contract is German.
§ 3 Prices and shipping costs
(1) All prices quoted include the applicable statutory value added tax.
(2) The costs for the dispatch of the goods are to be borne by the customer and are calculated as follows:
The shipping costs are also specifically communicated to the customer again in the offer declaration (§ 2 para. 2).
(3) The shipping risk is borne by büroforum if the customer is a consumer.
§ 4 Payment modalities
(1) The customer can pay by credit card, prepayment, invoice, Amazon, instant bank transfer, cash on delivery, Paypal or instalment purchase.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.
(3) The payment processing of the payment methods offered by 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") is carried out via PayPal subject to the PayPal Terms of Use or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account. These terms of use can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
(4) Payment processing for a purchase in instalments via easyCredit TeamBank AG Nürnberg, Beuthener Str. 25, 90471 Nürnberg (hereinafter: "easyCredit"), is carried out via easyCredit in accordance with the easyCredit terms and conditions for instalment purchases, which can be viewed at additional terms and conditions of easyCredit .
(5) Payment processing for a purchase on account via Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: "Klarna"), is carried out via Klarna in accordance with the Klarna terms and conditions for purchase on account, which can be viewed at https://www.klarna.com/de/agb/ .
(6) Purchase on account for corporate customers via Billie: We offer corporate customers the option of paying the invoice amount by bank transfer only after receipt of the goods and the invoice ("purchase on account"). In order to be able to make you this offer, we co-operate with the financial service provider Billie GmbH. After a successful address and credit check as part of the ordering process and submission of the order, we assign our claim to Billie GmbH. Please transfer the invoice amount to the account specified on the invoice within the payment period specified on the invoice. The privacy policy of Billie GmbH can be found here: Billie Privacy Policy. It applies in addition to our Privacy Policy and our General Terms and Conditions.
§ 5 Warranty for material defects / Liability
(1) büroforum provides a warranty for material defects in accordance with the statutory provisions, in particular §§ 434 ff. BGB, unless otherwise agreed below.
(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (such as those that the contract intends to impose on büroforum according to its content and purpose or whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by büroforum, its legal representatives or vicarious agents.
(3) In the event of a breach of material contractual obligations, büroforum shall only be liable for foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(4) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of büroforum if claims are asserted directly against them.
(5) The regulations of the product liability law remain unaffected.
§ 6 Right of cancellation for distance selling contracts
Cancellation policy for consumers
Consumers are entitled to a right of cancellation 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 cancellation
You have the right to cancel this contract within 28 days without giving any reason.
The cancellation 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 withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample cancellation form attached below, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
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 reimbursement until we have received the goods back or until you have supplied evidence of having sent back 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 the cancellation of this contract. The deadline is met if you dispatch the goods before the 28-day period has expired.
Goods that can be sent by parcel post:
Within the EU: We will 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.
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 on 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 of the right of cancellation
The right of cancellation 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 customised to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
The right of cancellation 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 cancellation policy
Please understand that there is no right of cancellation for deliveries outside the European Union. This does not apply to deliveries to Switzerland and Liechtenstein.
Download our sample cancellation form:
Note: Any externally unrecognisable damage 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 parcel. If this is clearly visible, do not accept the parcel. Otherwise the transport insurance will not apply and we cannot guarantee an exchange.
§ 7 Right of cancellation
(1) Notwithstanding the warranty for material defects in accordance with § 5 and the right of cancellation in accordance with § 6, consumers have the right to cancel in accordance with the following paragraphs.
(2) The customer may cancel the following contracts:
1. Contracts for the supply 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,
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 must 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 are calculated on the basis of the agreed purchase price excluding 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 by the customer
1. büroforum within the EU for goods that can be sent by parcel post. From all other countries, the return shipment must be borne entirely by the customer.
2. for goods that cannot be sent by parcel post (dispatch by forwarding agent) the customer. 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.
An island surcharge may be added; büroforum will inform the customer of the amount after enquiry with the parcel service or forwarding agent.
(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 customer data in the course of processing contracts. It observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, büroforum will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia.
(2) In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the büroforum website via the "Data protection" button.
§ Section 9 Platform for online dispute resolution / General information on dispute resolution proceedings before consumer arbitration boards
(1) The European Commission has provided an online platform for online dispute resolution (OS platform) at the following link: http://ec.europa.eu/consumers/odr/
(2) büroforum is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 10 Place of jurisdiction
For all disputes arising from or in connection with these General Terms and Conditions and the contracts concluded under their validity, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions and the contracts concluded under their validity shall be the registered office of our company in Würzburg.
If the consumer has no general place of jurisdiction in the Federal Republic of Germany, Würzburg shall be the non-exclusive place of jurisdiction. If the consumer moves his domicile or habitual residence outside Germany after the conclusion of the contract or if his domicile or habitual residence is not known at the time the action is brought, the place of jurisdiction for actions against the consumer as a contracting party shall be the registered office of the other contracting party (büroforum planen und einrichten GmbH).
Otherwise, the statutory places of jurisdiction shall apply. Exclusive places of jurisdiction, e.g. for judicial dunning proceedings, remain unaffected.
§ 11 Final provisions
The law of the Federal Republic of Germany applies to contracts between büroforum and the customer, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. However, the choice of law does not apply insofar as the customer is deprived of the protection granted to him by those provisions from which, according to the law of the state in which the customer has his habitual residence, may not be deviated from by agreement.
