DREIECK GmbH, vertreten durch deren Geschäftsinhaber
hereinafter referred to as the seller.
The seller offers furniture, loudspeakers and home accessories of all kinds on the website www.dreieck-design.com. The following general terms and conditions regulate the contractual relationship between the seller and the customer. The version valid at the time the contract is concluded is decisive.
Consumers within the meaning of these terms and conditions are natural persons who conclude the legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
Individual contractual agreements have priority over these general terms and conditions. Deviating, conflicting or supplementary general terms and conditions do not become part of the contract unless their validity is expressly agreed.
§2 conclusion of contract
The goods ordered may differ slightly from the goods displayed on the Internet due to the technical display options, in particular there may be color deviations.
The order can be placed by the customer in writing, by fax, by email or via the online shop on the website. The customer's order constitutes a binding offer to conclude a purchase contract for the ordered goods. By clicking the purchase button "Order with costs" as part of the ordering process on the website www.dreieck-design.com, the customer gives one binding order of the goods contained in the shopping cart.
The seller is entitled to accept the contract offer contained in the order within two weeks. In the case of goods ordered electronically, the seller is entitled to accept the order within five working days of receipt. It is accepted immediately if the seller delivers the ordered goods within this period.
The conclusion of the contract is subject to the proviso that in the event of incorrect or improper self-delivery, not or only partially. This only applies in the event that the non-delivery is not the responsibility of the seller and the latter has, with due care, concluded a specific cover transaction with the supplier.
The seller will make every reasonable effort to deliver the goods. The buyer receives an order confirmation stating the expected delivery date (calendar week). In the week before delivery, the seller also contacts the buyer to coordinate a more precise date with them. If the goods are not available at all, the buyer will also be informed and the consideration will be refunded immediately.
If the customer orders the goods electronically, the contract text will be saved by the seller and sent to the customer in addition to the legally binding general terms and conditions by email after the contract has been concluded. The terms and conditions can be viewed at any time here.
The contract is concluded between the buyer and seller. In order to ensure optimum service quality and, if necessary, delivery and installation of the goods ordered by the buyer, the buyer expressly agrees that the seller may transmit all data related to the purchase contract to a local sales partner (TRIPLE PREMIUM PARTNER). The buyer also expressly agrees that this sales partner may also contact the buyer to coordinate the delivery and other questions. At the choice of the seller, delivery and installation are carried out either directly by the seller himself or by the sales partner named in the order confirmation. Additional costs may not be connected to this for the buyer.
§3 retention of title and withdrawal
In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full.
In the case of entrepreneurs, the seller reserves ownership of the goods until all claims from an ongoing business relationship have been paid in full.
If the customer behaves contrary to the contract, in particular in the event of delayed payment, if the customer provides false information about his creditworthiness or if the judicial settlement procedure or insolvency is opened about the customer's assets, the seller is entitled to withdraw from the contract and to demand the return of the goods, provided the customer Has not yet rendered the service or has not done so in full.
The entrepreneur is entitled to the goods in the ordinary Resell business. He now assigns to the seller all claims in the amount of the invoice amount that accrue from the resale against a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim itself as soon as the entrepreneur does not properly meet his payment obligations and is in default.
The seller undertakes to release the securities to which he is entitled at the customer's request insofar as the realizable value of the seller's securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.
1. The price indicated is binding. The corresponding statutory sales tax is included in the price.
2. Delivery is free to the buyer’s apartment in the following countries: Germany, Austria, Switzerland, Liechtenstein, the Netherlands, Belgium and Luxembourg (mainland only), provided that the address can be reached by truck at no additional cost. For islands etc. we are happy to offer delivery on request.
3. In the case of distance contracts with shipping to other countries, additional shipping costs are incurred, as far as the goods are delivered to the countries listed in the shipping overview, the shipping costs are precisely numbered in § 6 number 1 of these general terms and conditions.
4. The customer has the right to offset only if his counterclaims have been legally established, recognized or not disputed by the seller. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§5 payment options and shipping costs
Customers can pay the price in advance / bank transfer, PayPal / PayPal Express orcredit card (Visa, Mastercard, American Express, Diners Club, JCB, Visa Electron). The seller reserves the right to exclude individual payment.
When paying in advance in the form of a bank transfer, the shipment will only take place when the invoice amount has been fully credited to the seller's account. The item-specific shipping time begins from the time the money is received.
The customer also has the option of paying by credit card (Master or VISA) via PayPal. PayPal buyer protection also applies here.
1. The seller delivers to the countries listed in the shipping overview. Inquiries must be made for deliveries to countries not listed.
In addition to the countries mentioned in §4 section 2, delivery is made to all member states of the EU plus Norway for a flat delivery rate of 5% of the sales price (but at least EUR 199.00)
Deliveries to the USA and Canada are made for a flat rate of 5% sales price (but at least 499.00 euros)
The delivery takes place by forwarding agent free curbside and without transportation to the place of installation.
All products are delivered to the place of use only in the following countries: Germany, Austria, Switzerland, Liechtenstein, the Netherlands, Belgium and Luxembourg - see Section 4 Number 2
The seller is entitled to make a partial delivery insofar as a partial delivery is reasonable for the customer, taking into account his interests. The customer should incur no additional costs.
§7 transfer of risk
For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over. This also applies in the case of a dispatch purchase.
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are handed over, or in the case of mail order purchases when the goods are delivered to the freight forwarder, the carrier or the person or institution designated to carry out the shipment.
The handover is the same if the customer is in default with the acceptance.
The goods delivered may differ slightly, in the case of natural wood furniture, from the goods shown on the Internet. Please refer to Section 2 Number 1 Clause 2 of these General Terms and Conditions.
Consumers have the choice of whether the supplementary performance should take the form of rectification or replacement delivery. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
For entrepreneurs, sales do r for defects of his choice, supplementary performance by rectification or replacement.
If the supplementary performance fails, the customer can in principle choose between a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal) and compensation instead of performance. Instead of compensation for damages instead of performance, the customer can request the reimbursement of futile expenses within the framework of § 284 BGB, which he made and could reasonably do with confidence in the receipt of the goods.
If the defects are insignificant, the customer has no right of withdrawal, taking into account the mutual interests. If the customer chooses compensation instead of the service or if he requests the reimbursement of futile expenses, the liability restrictions according to § 10 number 1 of these general terms and conditions apply.
Entrepreneurs must report obvious defects in the delivered goods to the seller within a period of two weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Timely dispatch or notification is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time the defect was discovered and for the timely notification of the defect. § 377 HGB applies to merchants.
Consumers have to notify obvious defects immediately upon delivery - these have to be acknowledged accordingly by the delivering employee. However, this display has no influence on the statutory warranty rights.
If the buyer is an entrepreneur, only the manufacturer's product description is considered to be the agreed quality of the goods. Public statements, promotions or advertising by the manufacturer also do not constitute a contractual condition of the goods.
The warranty period for consumers is two years from delivery of the goods.
For entrepreneurs, the warranty period is one year from delivery of the goods.
For used items, the warranty period is one year from delivery of the goods.
The one-year warranty period does not apply if the seller can be blamed for gross negligence or malice, nor in the case of physical and health damage attributable to the seller and in the event of loss of the customer's life or in the event of a guarantee. The liability of the seller under the Product Liability Act remains unaffected.
The seller gives no guarantees to the customer in the legal sense, unless expressly agreed otherwise. Manufacturer guarantees remain unaffected.
§9 cost sharing agreement
If you exercise your right of withdrawal, you have to bear the regular costs of collection if the delivered goods correspond to the ordered ones. As a rule, the cost of collection is 5% of the invoice amount for the goods to be picked up.
§10 limitations of liability
In the case of slightly negligent breaches of duty, liability is limited to the direct average damage that is foreseeable and typical for the type of goods. This also applies to slightly negligent breaches of duty by the legal representative or vicarious agent or vicarious agent of the seller. The seller is not liable for slightly negligent breach of immaterial contractual obligations. However, he is liable for the violation of contractual legal positions of the customer. Contractual legal positions are those that the contract has to grant the customer according to the content and purpose of the contract. The seller is also liable for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the buyer can rely.
The above limitations of liability do not affect customer claims arising from guarantees and / or product liability. Furthermore, the liability restrictions do not apply to malice, in the event of a breach of essential contractual obligations, as well as bodily and health damage attributable to the seller or in the event of loss of the customer's life.
The seller is only liable for his own content on the website of his online shop. To the extent that access to other websites is made possible with links, the seller is not responsible for the external content contained therein. He makes the strange contents not own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
§11 change of the general terms and conditions
The seller reserves the right to change these general terms and conditions at any time with a reasonable notice of at least two weeks. The announcement will be made by publishing the changed general terms and conditions on the website www.dreieck-design.de, stating the date of entry into force gn.com.
If the customer does not object within two weeks of publication, the amended terms and conditions are deemed to have been accepted. In the announcement of the change, the importance of the two-week period is pointed out separately.
§12 final provisions
The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court responsible at the seller's place of business, unless an exclusive place of jurisdiction is given.
§13 cancellation policy
Consumers have a right of withdrawal in accordance with the provisions of the distance selling law in relation to purchased goods in accordance with the following instructions:
Right of withdrawal of goods
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day
on which you or a third party named by you, who is not the carrier, has taken possession of the goods, if you have ordered one or more goods as part of a uniform order and the goods or goods have been delivered or have been delivered uniformly . become;
on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;
on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.
If more than one of the above alternatives are available, the cancellation period only begins when you or a third party named by you, who is not the carrier, has taken possession of the last goods or last partial shipment or the last piece.
In order to exercise your right of cancellation, you have to give us (DREIECK GmbH, Alexander Herbst, Marie-Curie-Strasse 2, 53773 Hennef / Germany; email: firstname.lastname@example.org) by means of a clear declaration (e.g. one sent by post Letter, fax or email) of your decision to cancel this contract.
You can use the attached withdrawal form template, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have to reimburse all payments that we have received from you, with the exception of the return costs, see § 9 - Section 1, immediately and at the latest within fourteen days from the date on which the notification of your cancellation of this contract we received. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for the repayment.
You must hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you declare the goods ready for collection before the period of fourteen days has expired. A possible later collection does not limit your right of withdrawal.
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 the nature, properties and functionality of the goods.
The right of withdrawal does not exist for distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
End of revocation