General terms and conditions
1. Scope of application of the AGB
The following General Terms and Conditions (hereinafter referred to as "General Terms and Conditions") apply to all contracts and deliveries/services between the parties.
Lutz Stohr - Sebworld.de, Bonner Straße 40, D-53842 Troisdorf, Germany
Phone: 02241 932 69 0
Fax: 02241 932 69 10
-The customer shall conclude an agreement with the seller via the latter's online shop regarding the goods and/or services listed therein. In the sense of these general terms and conditions, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity. In the sense of these general terms and conditions, an entrepreneur is defined as any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his or her independent professional or commercial activity. Individual agreements have priority over these terms and conditions. The contract language is german. The text of the contract shall be stored by the seller himself after conclusion of the contract. The text of the contract is thus accessible to the customer after conclusion of the contract at the seller's request. The seller has not submitted to any code of conduct. The text of the contract is accessible to the customer after conclusion of the contract via a login (after registration) (at least until fulfilment of the contract). Furthermore, the customer can inform himself about the processing status of his order. If the customer wishes a permanent storage of the contract text, he has to take care of it himself. This can be done, for example, by storing the text on the customer's own PC using the browser function "save as" or by printing out the contract using the print function "print" of the customer's browser. The text of the contract will be sent to the customer in text form (e.g. letter, fax, e-mail) to the given address after sending the order together with the general terms and conditions.
2. Completion of the contract
The presentation of the goods and/or services offered in the seller's online shop does not constitute a legally binding contractual offer by the seller, but is to be understood only as a non-binding invitation to the customer to order goods and/or services (invitatio ad offerendum). By ordering the desired goods and/or services by telephone, post, fax, e-mail or by clicking the "Buy" button on the order form integrated in the seller's online shop, the customer submits a binding offer to conclude a purchase contract. The customer is automatically informed by e-mail about the receipt of the order. However, this notification does not yet constitute acceptance of the order by the seller. The acceptance of the order and thus the conclusion of the contract (conclusion of contract) only comes about through a confirmation of the seller in text form (e.g. by e-mail), in which the execution of his order or the delivery of the goods and/or service is confirmed to the customer. Irrespective of this, the order may also be accepted by sending the goods and/or services to the customer within two working days. If the customer does not receive an order confirmation or notification of the delivery of the ordered goods/services within two working days and the customer has not received the ordered goods/services either, he shall no longer be bound by his order. If services have already been rendered by the customer, these shall be refunded to the customer without delay. The customer has the possibility to check all details again and to change them if necessary before bindingly sending his order. This can be done by pressing the "Back" button in the Internet browser used by the customer. By pressing the "Back" button, the customer returns to the internet page on which the customer's details are entered. There the customer can correct input errors or cancel the
order process completely by closing the internet browser. The customer must ensure that the e-mail address provided by him is correct, that e-mails can actually be received at the e-mail address provided by the customer and that, if the customer should use a firewall or so-called SPAM filter, it is ensured that e-mails sent by the seller can also reach the customer. The same applies to the receipt of e-mails from third parties who have been commissioned by the seller to process the order. The object of the contract is the sale of goods and the provision of services. The essential features of the goods and services can be taken from the seller's posted product description.
3. Prices and shipping costs
The prices quoted by the seller in the respective offers are final prices including value added tax. If delivery and shipping costs are incurred, these are not included in the purchase price. Delivery and shipping costs are either stated separately in the respective presentation of the product in the offer or can be found via the link: "Delivery Service". In addition, the delivery and shipping costs are always shown separately during the ordering process. The customer must always pay additional delivery and shipping costs, unless the seller has expressly agreed to deliver free of shipping costs for the selected goods and/or services.
4. Terms of payment
The customer has the possibility to choose different payment methods, unless the seller has not stipulated otherwise in his respective product description. Generally, prepayment, electronic cash (on site) or cash payment (on site) are considered agreed.
In the case of offers via eBay, PayPal is also offered.
The following payment options are offered for deliveries abroad: Advance payment, electronic cash (on site) or cash payment (on site).
If the ordered goods and/or services are delivered to countries outside the European Union, the seller may not be responsible for any additional costs incurred by the customer. These can be for example costs for taxes (e.g. customs duties), import duties, costs for money transfer by credit institutes (e.g. transfer or exchange rate fees). If the customer has selected payment in advance, he has to pay the purchase price immediately after conclusion of the contract
5. Payment / shipping conditions
Delivery shall be made to the delivery address specified by the customer. If the customer has selected the payment method "payment in advance", the goods and/or services will not be dispatched before the payment has been received on the seller's account. The conclusion of the contract is with reservation that in the event of incorrect or improper self-delivery, the goods or services shall not be delivered or shall only be delivered in part. This shall only apply in the event that the non-delivery is not the fault of the seller and the seller has concluded a congruent hedging transaction with its supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. Otherwise the consideration will be refunded immediately. In case of non-availability or only partial availability of the goods, the customer will be informed immediately.
If the customer is a consumer, the following applies:
The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods have been handed over to him. It is irrelevant whether the goods are sent insured or uninsured.
If the customer is an entrepreneur, the following shall apply:
The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer when the goods are handed over to the carrier commissioned by the seller to deliver the goods.
6. Pick-up by yourself
If you pick up your goods yourself and do not have them delivered by our own shipping service, please note the following conditions and modalities
6.1 Your goods are ready for pick-up 5-7 business days after confirmed receipt of payment. You will be sent an e-mail with the payment confirmation and the pick-up date. Please confirm the pick-up date in writing, otherwise your goods will not be ready by the specified date.
6.2 The collection of the product can take place only after arrangement thursdays, fridays or saturdays. The goods can be collected on thursdays and fridays between 9:00 and 18:00 and on saturdays between 10:00 and 14:00. We must ask you to pick them up within 7 days on the named pick-up days in order to avoid further costs. On other days of the week, no goods can be handed over because the pick-up warehouse is not open on these days.
6.3 On the day of collection, the goods are completely assembled. Disassembly on site inside and outside our business premises is not possible at any time. Therefore we ask you to make sure that your vehicle is big enough for the transport of the goods.
6.4 Please also note that for insurance reasons (damage to the vehicle, furniture or similar) we cannot assist you with loading and unloading. Therefore we expressly point out that you please bring help for the loading appropriately of your purchased commodity.
6.5 Before you load your goods, you must give us written confirmation of receipt of the goods. We kindly ask you to inspect the goods beforehand. This applies both to the buyer, as well as to a shipping company commissioned by the buyer. Should this be refused, the goods cannot be handed over.“
If you have your goods delivered to you by our own shipping service, please note the following conditions and modalities.
7.1. We are happy to offer you a delivery for your furniture purchased from us, to your home or to your workplace. The delivery costs depend on the ordered quantity, the size, the distance and how highly frequented the route is. You can contact our sellers about the delivery costs.
7.2. After the invoicing and a confirmed receipt of payment, our dispatcher will contact you by telephone to arrange a delivery date. Deliveries will be made monday to friday in the morning and afternoon depending on the place of delivery. The delivery time is approx. 3-6 weeks from receipt of payment, depending on the place of delivery. After the telephone arrangement an email with the discussed information is sent to you, which you must confirm to us then.
7.3. Since our delivery includes setting up and assembling at your desired location, we kindly ask you to prepare your apartment or work space accordingly. The way to this desired location should be free and easily accessible. Any pieces of furniture that are still in the same location must be removed from the way, so that a quick and smooth set-up and assembly is guaranteed. If you are converting or extending an existing shelf, we also ask you to clear the existing shelf by the delivery date.
7.4. For furniture that cannot be dismantled, is very heavy or unwieldy, such as granite and glass table tops and conference tables, please provide at least two additional people on site to assist with transportation. We also need to ensure that such pieces of furniture can be transported through a possible staircase, entrance or other access without causing damage to the goods themselves or the local conditions. If an elevator is available, we also need to be assured that that piece of furniture can be transported with it. If you cannot assure us of this warranty, the goods will only be delivered to the curb.“
8. Retention of ownership
The seller retains ownership to the delivered goods until the purchase price has been paid in full.
9.1 If the customer is a consumer, the following shall apply:
Legal warranty rights exist with all goods from our webshop.
9.2 The customer's warranty rights shall be governed by the statutory provisions, whereby in deviation from the statutory provisions, the warranty period for used goods shall be limited to one year from delivery of the goods.
9.3 The shortening of the limitation period for warranty claims to one year does not apply to damages caused by the seller or his vicarious agents from an injury to life, limb, health and fraudulent, grossly negligent or intentionally caused damage. The right of recourse according to § 478 BGB is also excluded from the shortening of the limitation period.
9.4 If the customer is an entrepreneur, the following shall apply:
The customer must inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, should a defect become apparent, must notify the seller of this immediately. If the customer fails to notify the seller, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. If such a defect appears later, the notification must be made immediately after discovery. If this does not occur, the goods shall be deemed to have been approved. The timely dispatch of the notification shall suffice to preserve the rights of the customer.
9.5 In the event of a defect, the seller shall be free, at its own discretion, to fulfil its warranty obligation either by repair or replacement delivery. If the remedy of the defect fails, the customer may, at his own discretion, either demand a price reduction or withdraw from the concluded contract.
9.6 The limitation period for warranty claims for entrepreneurs for newly manufactured goods is one year from delivery of the goods. In the case of the sale of used goods, the warranty is fundamentally excluded. The reduction of the warranty claims for new goods to one year or the exclusion of the warranty for used goods does not apply to damage caused by the seller or his vicarious agents from an injury to life, body, health and in the case of fraudulent, grossly negligent or intentionally caused damage. The right of recourse according to § 478 BGB is also excluded from the shortening of the limitation period.
The seller shall only be liable for damages incurred to the extent that the damage was caused intentionally or through gross negligence by the seller, its employees, legal representatives or other vicarious agents. In addition, the seller shall only be liable for such damages as were caused by the breach of important contractual obligations by the seller. In the event of negligent breach of a material contractual obligation, liability shall be limited to compensation for the average damage foreseeable at the time of conclusion of the contract and typically incurred. Essential contractual obligations are defined as obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract or the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
11. Governing law / place of jurisdiction
All disputes arising from the contract between the seller and the customer shall be governed by german law. If the customer is a consumer, this choice of law shall only apply if this does not deprive the customer of mandatory consumer regulations of the country in which he has his habitual residence (principle of favourability). The application of the UN Convention on contracts for the international sale of goods is excluded. The place of jurisdiction for all disputes arising from the contractual relationship between the seller and the customer shall be the registered office of the seller, provided that the customer is a merchant, the sole place of jurisdiction shall be the seller. The same applies if such a customer does not have a general place of jurisdiction in Germany or the EU, or if the residence of the customer or the residence are unknown at the time the action is filed. In addition, the seller shall be at liberty to also appeal to the court at another legal place of jurisdiction upon request. We would like to point out that the general terms and conditions of business above are protected by copyright.
12. Information on online dispute resolution according to Article 14(1) of the ODR Regulation
The European Commission provides a platform for Online Dispute Resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ .
Our e-mail address is: firstname.lastname@example.org
Information on consumer dispute resolution according to § 36 VSBG: We will not take part in a dispute resolution procedure before a consumer mediation board in the sense of the Consumer Dispute Settlement Act and are not obliged to do so.
The contract is concluded by the submission of an offer by the buyer and the acceptance of the offer by the seller. By using the seller's online order form, the customer submits his offer as follows:
After the customer has selected an item on the seller's offer page, the customer clicks on the "Buy item" button. A new page opens and the content of the shopping cart is displayed. The customer can then click the "Continue Shopping" button to add additional items to the virtual shopping cart or click the "Checkout" button to complete his purchase. A new page opens.
Here the customer is asked whether he has already registered and asked to log in with user name (e-mail address) and password.
If the customer does not wish to create a customer account, he has the option of placing the order via a guest account (order without registration). In the case of guest access, the customer must provide his address data in full in order to proceed to the next step. Here, the customer clicks a check mark in the field in front of the text "I agree to the storage of my data according to the data protection declaration".
On this page, the customer can select the desired shipping method. In Germany, "collection by the customer" is available, and abroad only "collection by the customer" is available. Click the "Next" button to proceed to the next step.
The customer can select the desired payment method (payment in advance, PayPal) on this site by selecting the Optin field. With confirmation of the button "Next" the customer gets to the next step.
On this page, the details of the order are again displayed in summary. If the customer wants to correct his order, he can do this by clicking on the button "Back to shopping cart". Now the customer sets with a mouse-click another checkmark in the field before the text "I have read the general trading conditions and recognize them hereby".
This is the final step. By clicking on the "Buy" button, the customer sends a payable order to the seller. According to the paragraph "Conclusion of the contract" of the "General Terms and Conditions of the Seller" (see above), the order is accepted.
Consumers have a fortnightly right of revocation.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Lutz Stohr - Sebworld, Bonner Straße 40, 53842 Troisdorf, Germany, email@example.com, telephone: 02241932690, fax: 022419326910) of your decision to revoke this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You may use the attached model revocatin form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this contract for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such a refund, unless explicitly agreed otherwise with you and in no event will you be charged for such a refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is happening earlier.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. This time limit has been met if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling the goods in a way that is not necessary for testing their condition, properties and functionality.
Sample revocation form
(If you want to revoke the contract, please fill out this form and send it back.)
- To company Lutz Stohr - Sebworld, Bonner Straße 40 , 53842 Troisdorf, firstname.lastname@example.org, Germany, Fax: 022419326910
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
(*) Delete inapplicable content.
Revocation instruction provided with the Trusted Shops Rechtstexter in co-operation with Wilde Beuger Solmecke Rechtsanwälte.