AGB
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Terms
- Reservation of Title
- Liability for Defects (Warranty)
- Special Terms and and shipping conditions
- Reservation of title
- Liability for defects (warranty)
- Special conditions for assembly/installation services
- Redemption of promotional vouchers
- Applicable law
- Jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Möbeltown GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC 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. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not constitute 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 into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone or email.
2.3 The Seller may 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 e-mail), whereby the receipt of the order confirmation by the Customer shall be decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive in this respect, or
- by requesting payment from the Customer after submission of the Customer's order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer initiates the payment process by clicking the button concluding the order process.
2.5 If the payment method "Amazon Payments" is selected, the payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer initiates the payment process by clicking the button concluding the order process.
2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.
2.7 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
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 the statutory value added tax. Any additional delivery and shipping costs incurred shall be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible 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 may also be incurred in relation to the transfer of funds 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 store.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method "SOFORT" is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify are communicated to the customer in the seller's online store. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the customer may be informed separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.de/payments.
4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
4.9 If a payment method offered via the payment service "Klarna" is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://di-lara.de/pages/zahlungsinformationen
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out 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. Deviating from this, if the payment method PayPal is selected, the delivery address provided by the customer at the time of payment with PayPal shall be decisive.
5.2 For goods delivered by a forwarding agent, delivery shall be "free kerbside", i.e. to the nearest public kerbside (sidewalk) to the delivery address, unless otherwise stated in the shipping information in the seller's online store and unless otherwise agreed.
5.3 If the delivery of the goods fails with the booked "assembly service" for reasons for which the customer is responsible, such as structural obstacles or bottlenecks that cannot be overcome on the transport route to the place of use, the goods will be delivered to the customer according to delivery to the curb and the costs of the assembly service (€150) will be refunded. Please note that we do not offer a service for lifting platforms, pulley blocks or cranes and do not assume any costs for these.
5.4 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs shall be charged.
6) Retention of title
If the Seller makes advance payment, it shall retain 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 shall apply.
7.2 The customer is requested 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 with this, this shall have no effect on his statutory or contractual claims for defects.
8) Special conditions for assembly/installation services
If, according to the content of the contract, the seller also owes the assembly or installation of the goods at the customer's premises as well as any corresponding preparatory measures (e.g. measurement) in addition to the delivery of goods, the following shall apply:
8.1 The seller shall provide his services at his discretion in his own person or by qualified personnel selected by him. In doing so, the Seller may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer shall not be entitled to select a specific person to perform the desired service.
8.2 The Customer shall provide the Seller with the information required for the provision of the service owed in full and truthfully, insofar as the procurement of this information does not fall within the scope of the Seller's obligations according to the content of the contract.
8.3 The Seller shall contact the Customer after conclusion of the contract in order to arrange an appointment for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer's relevant facilities on the agreed date.
8.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the Customer upon completion of the installation work and handover to the Customer.
9) Redemption of promotional vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
9.7 The balance of a promotional voucher shall neither be paid out in cash nor bear interest.
9.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This shall not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
10) Applicable law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
12) Alternative dispute resolution
12.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.