General Terms and Conditions
With a purchase, the buyer expressly accepts the terms and conditions listed here.
§ 1 Range of validity
Consumers in the sense of these Terms and Conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being ascribed to them. Entrepreneurs in the sense of these Terms and Conditions are natural or legal persons, or partnerships with legal personality, with whom a business relationship is entered into and they are acting in the exercise of a commercial or independent professional activity. Customers in the sense of these Terms and Conditions are both consumers and entrepreneurs. Differing, conflicting or additional Terms and Conditions are, even with knowledge, not a part of this contract unless their validity is expressly agreed. The following Terms and Conditions (T&C) apply for the sale of goods from and provision of services by: Fa. Designhütte Inh. Jan Heiße, Volmestraße 91, 58515 Lüdenscheid (in the following, the "Seller").
§ 2 Conclusion of contract
The contract language is German. The presentation of products on the website www.Designhuette.com does not represent a legally binding offer, instead, a non-binding online catalogue. By clicking the "Order" button you submit a binding order for the goods contained in the basket. Confirmation of receipt of the order is made immediately after the sending by means of an automated e-mail. The purchase contract is concluded with our order confirmation or by delivery of the goods. Alternatively, order submission is also possible by phone or fax.
§ 3 Retention of title
For contracts with consumers, the seller retains title to the goods until full payment of the purchase price. For contracts with entrepreneurs, the seller retains title to the goods until payment is made of all claims arising from the ongoing business relationship. For as long as the purchase price is not paid in full, the customer is obligated to a) treat the goods with care and to inform the Seller without delay of b) third-party access to the goods, as in the case of a distraint, any damage to the goods or their destruction and/or c ) a change in ownership of the goods as well as a change of residence of the customer. The entrepreneur is entitled to resell the goods in the ordinary course of business. He now assigns to the Seller, to the amount invoiced to him, all claims that will accrue through resale to a third party. The seller accepts the assignment. After the assignment, the entrepreneur is entitled to collect the debt. The seller reserves the right to collect the debt himself as soon as the entrepreneur does not meet his financial obligations himself and defaults on payment.
§ 4 Cancellation rights of the Seller
In the event of a breach of contract by the customer, especially for late payments or a breach of any of the obligations referred to in Para. 2 (3?), the Seller is entitled to withdraw from the contract and demand return of the goods.
§ 5 Right of withdrawal
Right of cancellation for consumers
(A consumer is any natural person, who concludes a legal transaction for a purpose which can be classified as belonging neither to the person's commercial nor professional activity)
Right of cancellation
You can cancel your declaration of contractual agreement within 14 days without giving any reasons in written form (e.g. letter, fax, e-mail) or - if the goods are surrendered by you before the expiry of the deadline - you can cancel the contract by returning the goods. The deadline for return begins to run after receipt of this guidance in written form, however not before receipt of the goods by the recipient (with recurring delivery of similar types of goods not before the first part delivery) and also not before we have fulfilled our duty of information pursuant to Article 246 § 2 in conjunction with § Sections 1 and 2 of the EGBGB (Introductory Act to the Civil Code) and our duties pursuant to § 312g Section 1 Paragraph 1 of the BGB (Civil Code) in conjunction with Article 246 § 3 of the EGBGB (Introductory Act to the Civil Code). The timely despatch of the cancellation or the goods is sufficient to guarantee the cancellation.
The cancellation should be addressed to:
Tel: +49 2353 - 666 22 20
Fax: +49 2353 - 666 22 21
Consequences of cancellation
In the event of an effective cancellation services received by both parties must be returned and any derived benefits (e.g. interest) must be surrendered. If you are unable to return or surrender any benefits (e.g. consumer benefits) or are able to return or surrender them only in part or in a deteriorated condition, you must in this respect compensate us for the value of the item. You are obliged to compensate for the deterioration of the item and for derived benefits only insofar as the benefits or the deterioration can be traced to handling the item in a manner which exceeds inspection of the features and the mode of operation of the item. "Inspection of the features and the mode of operation" are deemed to mean the testing and trying out of the goods, as is feasible and customary in retail business. Items capable of being shipped as a parcel shall be returned at our risk. You must bear the normal costs of returning the goods, if the goods delivered correspond to the goods ordered and if the price of the goods being returned does not exceed 40 Euros or if, in the case of goods at a higher price, the time of the cancellation you have not provided the consideration or a part payment agreed by contract. Otherwise return of the goods is cost-free for you. Items which are not capable of being shipped as parcels shall be collected at your premises. The duty to provide payments must be fulfilled within 30 days. The time-limit begins for you with the despatch of your statement of cancellation or the item, for us with receipt of the statement of cancellation or the item.
Exclusion of the right of cancellation
The right to cancel does not exist under contracts for the delivery of goods which have been produced to a customer's specification or customised to individual personal requirements or which by reason of their nature are not appropriate for return or which can deteriorate quickly or which have exceeded their due date, for the delivery of audio or video recordings or of software, if the data storage devices have been unsealed by you, as well as for the delivery of newspapers, magazines and reviews (unless you have delivered your contractual declaration for the delivery of newspapers, magazines and reviews by telephone).
End of cancellation guidance
Please return the goods to us, where possible, not carriage forward but as a post paid package. We will be happy to forward to you in advance the cost of postage, insofar as we are obliged to bear the costs of returning the goods. Please do not damage or contaminate the goods. Please return the goods to us, where possible, in the original packaging with all accessories and with all packaging components. If you no longer possess the original packaging, please package the goods so that they are protected from damage during transit.
The foregoing terms do not replace the effective exercise of the right to cancel.
§ 6 Reimbursement, Despatch Costs, Charges
The offer purchase price is binding. The purchase price includes the statutory sales tax. The customer is not liable for any additional costs through ordering by means of long distance communication. The customer will be charged for packaging and despatch costs. The customer is required to settle the purchase price by prepayment or cash on delivery. The invoiced amount is to be imbursed immediately. When paying by cash on delivery, additional costs are incurred by the consumer as per the despatch costs tariff. For each return debit note raised due to the fault of the customer, the Seller charges a handling fee of 10,00 €. Every claim will be immediately passed to a debt collection company, which additionally charges for its work as per the BRAGO (Federal fees scheme for lawyers). The customer has the right to offseting only if his counterclaims have been legally established or recognized by the Seller.
§ 7 Delivery times, Transfer of risk
The Seller delivers the goods as determined in the agreement. Should a specific delivery date be agreed with the customer, the Seller will comply with this deadline to the best of his ability. The Seller is entitled to make partial deliveries within a reasonable scope and to invoice them. Should the Seller be temporarily prevented from delivering the purchased goods within the agreed period as a result of operational disruption, labour strikes, lockouts, official orders or any other case of force majeure occurring with the Seller and/or his suppliers, or to provide the contractually obliged performance, the delivery date is to be extended by the period of the hinderance. In this case, the Seller will inform the customer promptly of the hinderance and its expected duration. If the hinderance lasts longer than four weeks, both parties have the right to withdraw from the contract. Should the customer be an entrepreneur, the risk of accidental loss as well as coincidental deterioration of the product passes to the customer with the rendering of the goods, in the case of mail order on delivery of the goods to the carrier, the freight haulier or the person or institution otherwise specified for execution of the despatch. The transfer is the same if the consumer is in default with acceptance of the items sold.
§ 8 Warranty
The warranty period for all goods supplied by the seller is two years. The customer is to notify any defects to the seller immediately after their discovery by sending a copy of the delivery receipt or invoice provided on delivery to the address detailed in § 1 Nr. 1. The entrepreneur is required to notify the Seller of obvious defects within a period of two weeks from receipt of goods by sending a copy of the delivery receipt or invoice provided on delivery. Otherwise, the assertion of warranty claims is excluded. Timely despatch is sufficient for observance of the notice period. The entrepreneur bears the full burden of proof. Should the customer be an entrepreneur, then the Seller may, at his choice, provide warranty for defects in the goods by either repair or replacement. Should the customer be a consumer, he has initially the choice of whether the supplementary performance should take place by repair or replacement. The seller is however entitled to decline the choice of supplementary performance if it is only possible at disproportionate cost and the alternative choice of supplementary performance is without significant disadvantages for the consumer. Should the supplementary performance fail, the customer can then demand, at his choice, a reduction in price (diminution) or cancellation of the contract (withdrawal). If after failed repairs the customer cancels the contract, he is not entitled to claim damages due to the defect. Should the customer receive defective assembly instructions, the Seller is only required to deliver flawless assembly instructions, and then only if the defects in the assembly instructions conflict with a correct assembly.
§ 9 Limitations of liability
The seller is liable only in cases of intent or gross negligence. This does not apply to damages founded on injury to life, limb or health or to a culpable violation of essential contractual obligations. Claims for damages for breach of contract are limited in the case of light breaches to contract-typical, foreseeable damage. This applies also for minor negligent breaches of duty by the legal representatives or agents of the Seller. Liability under the Product Liability Act and other mandatory standards remains unaffected. Should the customer opt for damages after a failed repair, the goods are to remain with the customer in so far as this is reasonable to him. Compensation is limited to the difference between purchase price and the value of the defective item. This does not apply if the Seller has fraudulently caused the breach of contract.
§ 10 Data protection
Responsible for data processing is:
We use the data you have provided to fulfill and process your order. Your data is passed on to the carrier charged with delivery, to the extent necessary to deliver the goods (name, address, perhaps telephone number to coordinate delivery appointment). For the settlement of payments, your payment details will, if necessary, be passed to our bank.
For sales on account (invoice purchase) the following applies: In order to assess the liability risk and for a credit rating, paymorrow or a responsible partner of paymorrow forward your address data, within the limits of the law and taking into account your respective legitimate interests on the exclusion of the transmission or its use in applications for credit purchase, if need be to a credit reference agency for credit assessment and checking. In Germany this can be, inter alia, the following institutions:
- Bürgel, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg,
Tel: +49 (0)40 89803 – 0 ; Fax: - 777
- KQIS, Karstadt Quelle Information Services GmbH, Adam Opel Straße 18, 60386 Frankfurt, Tel: +49 (0)69 42091 – 255 ; Fax: - 297
- Deltavista, Deltavista GmbH, Kaiserstraße 217, 76133 Karlsruhe ,
Tel: +49 (0)721 25511 – 0 ; Fax: - 22
For the purposes of their own credit check, paymorrow or a responsible partner of paymorrow call for credit information based on mathematical and statistical methods from the above institutions.
For these cases, you agree to the notification of your first and last name, street name, house number, post code, town and date of birth to the above-named institute.
In this context, Paymorrow ensures that both the entrusted partners and also the named institutions themselves only process and/or use the data in the context of the specific purpose.
All credit checks are carried out to eliminate potential difficulties in payments. The data exchange between paymorrow, of paymorrow assigned partner companies and other economic information services protects online trading against damage, which could affect the long-term sales prices. Thus also you, as an end customer, benefit from an examination of customer data for this purpose.
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A transfer of your data to further third parties or its use for advertising purposes does not take place. With full implementation of the contract and full payment of the purchase price your data is blocked for further use and, on the lapse of all tax and trade legislation requirements, deleted .
Your personal data is transmitted over the Internet encrypted using 128 bit SSL. We secure our website and other systems through technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. Despite regular checks, complete protection against all threats is however not possible.
In our shop information about the contents of your shopping cart will be stored in the cookie, which can be accessed during your next visit. When you log-in with us or place an order, we need your customer data. The data stored in a cookie saves you having to once again fill out the forms. The cookies, however, have an expiration time. In addition, the cookies are stored only locally on your computer. In your browser you can manage and, if need be, block the acceptance of cookies from this page.
You have a right to free information about your stored data, and also the right to correct or block this data. For all questions regarding the collection, processing or use of your personal data, and for information, correction or blocking of data, you should contact: Verkauf@Designhuette.com or send us your request by mail or fax. If you receive our newsletter, you have previously agreed to the following statement: I wish to subscribe to the newsletter (You may unsubscribe at anytime). We save the contract text and send you the order data and our Terms and Conditions by e-mail. You can view your past orders in our customer login area..