General Terms and Conditions (as at: November 2017)

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Andreas Tile Design
Dr.-C.-Otto-Straße 40
44879 Bochum

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Tel: 0157/316 588 55
Fax: 0234/794 877 56

info@andreas-fliesendesign.de

 

www.andreas-fliesendesign.de

 

– hereinafter provider –

 

  1. Scope of application
    • The services of the provider for the online store at the above URL are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
    • Our General Terms and Conditions apply exclusively. Any general terms and conditions of the customer that deviate from our General Terms and Conditions shall not apply unless we expressly agree to them.

 

  1. Conclusion of contract
    • Our offers on the Internet represent a non-binding invitation to the customer to order goods or services. By submitting the order (clicking on the “Buy now” button) on our website, the customer makes a binding offer to conclude a contract.
    • Confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. We can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive in this respect, or by delivering the ordered goods, whereby the receipt of the goods by you is decisive in this respect, or by requesting payment after placing the order (e.g. with PayPal payment). If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If we do not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that you are no longer bound by your declaration of intent.
    • When submitting an offer via the online order form of the provider, the contract text is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order together with these General Terms and Conditions. In addition, the contract text is archived on the provider’s website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the provider’s online store before sending his order.
    • Before placing a binding order via the provider’s online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
    • Only the German language is available for the conclusion of the contract.

  1. Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in our
Cancellation policy
.

The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

 

  1. Payment, default
    • The prices listed on our website at the time of ordering apply. All prices are inclusive of VAT and plus the respective shipping costs.
    • Payment of the purchase price is possible in advance and via PayPal. If the payment method “PayPal” is selected, 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, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
    • If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of five percentage points above the prime rate of the European Central Bank. In the event that we claim further damage caused by delay, the customer shall have the opportunity to prove that the claimed damage caused by delay was not incurred at all or at least in a significantly lower amount.

 

  1. Retention of title
    • In the case of consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
    • In the case of entrepreneurs, the seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
    • If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s right to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

 

  1. Delivery
    • Delivery is generally made within 3-4 weeks after payment has been received by the customer. Any deviating delivery times are indicated on the respective product page. The commencement of the delivery period stated by us presupposes the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address in the context of the order.
    • If the provider is unable to deliver the ordered goods through no fault of its own because the provider’s supplier does not fulfill its contractual obligations, the customer will be informed immediately that the ordered goods are not available. Any consideration already provided by the contractual partner shall be reimbursed immediately. The customer’s statutory claims shall remain unaffected.
    • In the case of entrepreneurs, the risk of deterioration or loss of the goods shall pass to the customer when the delivery item is handed over to the transport company. If the handover or shipment is delayed for reasons for which the customer is responsible, the risk shall pass to the customer on the day of notification that the delivery item is ready for shipment.

  1. Default of acceptance
    • If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the provider had notified him of the service a reasonable time in advance.
    • The purchase price shall bear interest during the period of default. The default interest rate is five percentage points above the prime rate per annum. For legal transactions between entrepreneurs, the interest rate is eight percentage points above the prime rate.
    • For its part, the customer reserves the right to prove that no damage or at least significantly less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.

 

  1. Warranty

    If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this applies:
  • For entrepreneurs
  • an insignificant defect does not justify any claims for defects;
  • the seller has the choice of the type of subsequent performance;
  • the limitation period for defects in new goods is one year from the transfer of risk;
  • rights and claims for defects are generally excluded for used goods;
  • the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

  • For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following clause.
  • The aforementioned limitations of liability and shortening of the limitation period shall not apply
  • for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
  • for other damages that are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
  • in the event that the seller has fraudulently concealed the defect.

  • In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
  • If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
  • If the customer is acting as a consumer, he 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 has no effect on his statutory or contractual claims for defects.

  1. Liability
    • The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
      • The Seller shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability such as under the Product Liability Act.
      • If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
      • Any further liability of the seller is excluded.
      • The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.
    • The customer shall indemnify the operators against any third-party claims – including the costs of legal defense in their statutory amount – that are asserted against the sellers due to actions by the customer in breach of the law or the contract. This applies in particular in the case of use without the necessary permissions from the rights holder.

  1. Data protection
    We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or will only be passed on within the framework of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. You can find more details in our
    privacy policy
    .

 

  1. Final provisions
    • The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
    • If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at our above-mentioned registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not resident within the European Union. The registered office of our company can be found under the heading of these GTC.
    • If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

  1. Information on online dispute resolution / consumer arbitration

 

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://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. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with the VSBG.

 

Our e-mail address can be found under the heading of these GTC.