Terms and conditions
DREIECK DESIGN · Customer information
General Terms and Conditions
Terms for ordering, payment and delivery, together with information about your consumer rights and withdrawal from a distance contract.
Your contracting partner
DREIECK Gesellschaft für Design, Produktion und Vertrieb von Einrichtungsgegenständen aller Art mbH
Trading as DREIECK DESIGN; referred to below as “DREIECK GmbH”, “we”, “us” or “the seller”.
Marie-Curie-Strasse 2
53773 Hennef
Germany
Email: [email protected]
Telephone: +49 2242 90999-19
Further company information: Imprint
1. Scope and definitions
These General Terms and Conditions apply to purchases of furniture, loudspeakers and home accessories from DREIECK GmbH through our online shop or by other means of distance communication. The version made available when you submit your order applies.
A consumer is a natural person entering into a legal transaction for purposes predominantly outside their trade, business or profession. A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of its trade, business or profession.
Individually agreed terms take precedence over these General Terms and Conditions. A business customer's conflicting or additional terms apply only if we expressly agree to them.
Mandatory consumer rights remain unaffected by these terms.
2. Orders and formation of the contract
Product presentation and your order
Product listings in our online shop are invitations to submit an order and do not themselves constitute binding offers by us. By submitting an order using the checkout button indicating an obligation to pay, you offer to purchase the selected goods on the terms shown during checkout.
Before submitting your order, please check the selected model, dimensions, materials, colours, quantities, delivery address and total price. You can correct your entries before submitting the order.
Automatic acknowledgement
An automatically generated shop email acknowledging receipt of your order confirms only that we have received it. It is not our acceptance of your offer.
Manual order confirmation
Our intended acceptance procedure for all payment methods, including PayPal and credit card, is a separate order confirmation manually issued by DREIECK GmbH after checking the order. This confirmation expressly states that we accept your order. Under this procedure, the purchase contract is concluded when that confirmation reaches you.
We may accept your order within five business days after receiving it. Business days for this purpose are Monday to Friday, excluding public holidays at our registered place of business. If we do not accept within that period, your offer expires. Any later proposal requires your agreement.
PayPal and credit card payments before acceptance
When you choose PayPal or credit card, payment may be collected immediately during checkout, before our manual order confirmation. Under the acceptance procedure described above, this payment is intended as an advance payment in anticipation of a contract. A payment provider's receipt or an automated payment notification is not intended to replace our manual acceptance.
If we decline your order or your offer expires without acceptance, we will refund any amount received without undue delay using the original payment method. We will not charge a cancellation or administration fee.
These provisions do not override any contract that has already been formed under applicable law through our declarations or conduct, including the actual payment process.
Pricing and input errors
We check orders before issuing our manual acceptance. If we identify an incorrect price, calculation error or other material error before a contract has been formed, we may decline the order and, if appropriate, offer the goods on corrected terms. You are free to reject that new offer. We will not increase the price of an existing contract without your agreement.
If a contract has already been formed, any right to avoid a declaration because of a mistake is governed exclusively by the applicable statutory requirements. There is no general right for us to cancel every order involving a pricing error. Any statutory rights of the customer, including possible compensation rights, remain unaffected.
3. Product specifications and individual manufacture
The agreed product description and any expressly agreed specifications determine the goods to be supplied. Dimensions, materials, finishes and additional features should therefore be checked carefully before ordering.
Screen settings and lighting may affect how colours and surfaces appear online. Natural materials such as wood may vary in grain and colour. Such characteristics do not permit deviations from agreed specifications or restrict your statutory rights in respect of defective goods.
For individual manufacture, the agreed dimensions, drawings, materials and finishes form part of the order specification. Any exclusion of the consumer right of withdrawal applies only where the legal requirements described in section 10 are met. Manufacture after receipt of an order does not, by itself, exclude the right of withdrawal.
4. Prices and payment
Prices are stated in euros unless another currency is expressly indicated. Applicable VAT and any separately payable delivery charges are shown before you submit your order. The total price and agreed tax treatment form part of the contract.
For deliveries involving import duties, import taxes or customs charges not collected by us, we inform you before ordering of the charges payable by you or, where they cannot reasonably be calculated in advance, of the possibility that such charges may arise. Charges expressly included in our offer will not be charged again.
Available payment methods and any applicable conditions are displayed during checkout. These may include bank transfer, PayPal, credit card and, where offered, payment on delivery or on invoice. We do not guarantee that every payment method is available for every destination or order.
PayPal and credit card payments may be collected immediately during checkout as described in section 2. For payment by bank transfer in advance, please follow the payment instructions issued for the accepted order. Any payment deadline for invoice or payment on delivery is stated in the agreed payment conditions.
The applicable production and delivery period, including any dependence on receipt of an agreed advance payment or approval of individual specifications, is communicated before ordering.
Payment services are also subject to the relevant provider's conditions. Any buyer protection offered by a payment provider is governed by that provider's applicable rules and does not replace your statutory rights against us.
5. Delivery, access and transfer of risk
The delivery destination, delivery service, delivery charges and applicable delivery period are communicated before you submit your order. Further information is available on our delivery page. The conditions agreed for your order remain binding even if the information on that page is subsequently changed.
Our standard delivery service is free of charge in Germany, Austria, Switzerland, Belgium, the Netherlands, Luxembourg and Liechtenstein, subject to the delivery conditions disclosed before ordering. Any special arrangements for islands, restricted access or additional services must be disclosed and agreed before you submit your order.
For other destinations, the delivery charge and whether the service includes curbside delivery, delivery to the room of use or assembly are specified before ordering. Outbound delivery charges and withdrawal return costs are separate matters. The return-cost rules are set out in section 10.
Please inform us of relevant access restrictions, including narrow entrances, stairs, lift dimensions or vehicle restrictions. Additional services and their prices require your agreement; this clause does not create an automatic right to charge unspecified supplements.
We coordinate delivery appointments where required. If a delivery problem arises, we will inform you promptly. Your statutory rights in the event of delay or non-performance remain unaffected. We may make partial deliveries only where reasonable for you and without additional delivery charges.
For consumers, the risk of accidental loss or damage generally passes when the goods are delivered to you or to a person designated by you other than the carrier. Statutory exceptions, including where you independently commission a carrier not previously named by us, remain applicable.
For business customers, transfer of risk is governed by the applicable statutory rules, including the rules for shipment purchases where relevant.
6. Retention of title
The goods remain our property until the purchase price for those goods has been paid in full.
Any right to withdraw from the contract or request the return of goods following a payment default is subject to the applicable statutory requirements. Retention of title does not restrict the customer's statutory remedies.
7. Defects, legal guarantee and complaints
Statutory rights concerning defective or non-conforming goods apply. For consumers, these include the applicable rights to repair or replacement and, where the legal requirements are met, a price reduction, termination of the contract or damages.
Under German law, the limitation period for defect claims relating to new goods is generally two years from delivery. Statutory exceptions, extensions and any more protective mandatory rules applicable to consumers remain unaffected.
These terms do not impose a blanket one-year limitation period for used goods. Any legally permitted reduction requires compliance with the applicable information and agreement requirements.
Please report damage or defects to [email protected] . A description, order reference and photographs can help us assess the issue. Consumers do not lose their statutory rights merely because visible transport damage was not recorded with the carrier or reported immediately.
Necessary transport and other costs of statutory remedial performance are borne by us to the extent required by law. The withdrawal return charges in section 10 do not apply to those costs.
A commercial or manufacturer's guarantee applies only where expressly provided and according to its stated conditions. It is additional to, and does not replace, statutory rights.
For business customers who are merchants, statutory inspection and notification duties, including section 377 of the German Commercial Code where applicable, remain unaffected. These terms do not otherwise shorten statutory limitation periods for business customers.
8. Liability
We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act and wherever liability cannot lawfully be excluded or limited. Liability for fraudulently concealed defects and obligations under an expressly assumed guarantee also remain unaffected.
In the event of ordinary negligence, we are liable for a breach of an essential contractual obligation. An essential contractual obligation is one whose fulfilment is necessary for proper performance of the contract and on whose fulfilment the customer may ordinarily rely. In such cases, liability is limited to foreseeable damage typical of the contract.
In other cases of ordinary negligence, liability is excluded to the extent permitted by law. The exceptions in the first paragraph of this section always take precedence.
These provisions also apply to our legal representatives and persons engaged to perform our obligations. Mandatory consumer rights remain unaffected.
9. Contract information and personal data
Consumers are entitled to receive confirmation of the contract and the legally required information on a durable medium, such as an email or PDF, within the statutory period and no later than delivery. This includes the relevant withdrawal information unless it has already been supplied on a durable medium. A link to a changeable website does not replace this obligation.
You may save or print these terms for your records. For questions about your order or contractual documents, please contact [email protected] .
Personal data are processed in accordance with applicable data protection law and our Privacy Policy. Where necessary and legally permitted for payment, delivery, assembly or customer service, relevant data may be shared with the service providers involved. These terms do not constitute blanket consent to unrelated advertising or unrestricted disclosure of customer data.
10. Consumer right of withdrawal
Right of withdrawal
Consumers have the right to withdraw from a distance purchase contract within fourteen days without giving any reason, subject to the exclusions stated below.
The withdrawal period expires fourteen days after the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods.
If several goods are ordered in one order and delivered separately, the period begins when you or that third party acquire physical possession of the last good. If a good is delivered in several lots or pieces, the period begins upon receipt of the last lot or piece.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement, for example by letter or email, using the following contact details:
DREIECK GmbH
Marie-Curie-Strasse 2
53773 Hennef
Germany
Email: [email protected]
Telephone: +49 2242 90999-19
You may use the model withdrawal form in section 11, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient to send your communication concerning withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the contract, we will reimburse all payments received from you, including delivery costs, except for supplementary costs resulting from your choice of a delivery service other than the least expensive standard delivery offered by us.
Reimbursement will be made without undue delay and no later than fourteen days after the day on which we are informed of your decision to withdraw. We will use the same means of payment as for the original transaction unless you have expressly agreed otherwise. You will not incur any reimbursement fees.
Collection of the goods
We will collect the goods. Please contact us to arrange a collection appointment and provide access to the goods at the agreed time. You do not need to obtain our approval before exercising your right of withdrawal.
A collection date after the withdrawal period has expired does not invalidate a withdrawal declared in time. Because we offer collection, reimbursement is not conditional on the goods having already been collected.
Return costs by country
Germany, Austria, Switzerland, Belgium, the Netherlands, Luxembourg and Liechtenstein
We bear the direct return costs and arrange collection free of charge from the original delivery address in these seven countries.
Other European Union countries
You bear the direct return costs, limited to a maximum total of EUR 199 per order for collection of the returned goods from the original delivery address. If the actual direct return costs are lower, only the lower amount is payable. We bear any amount exceeding EUR 199.
No administration, processing or restocking fee is charged. This allocation of return costs applies only where the legally required information was provided before you submitted your order.
Countries outside the European Union, except Switzerland and Liechtenstein
Free return collection is not included. Direct return costs depend on the destination, dimensions, weight and transport requirements of the goods. An individual return-cost quotation is available on request.
For goods that cannot normally be returned by post, the applicable amount or a reasonable maximum estimate must be provided before you submit a binding order. Where a maximum estimate is stated, your contribution will not exceed that amount; lower actual direct costs will be charged at the lower amount.
An amount first quoted after your order does not create a retrospective obligation to pay return costs. If the legally required advance information was not provided, we bear the return costs to the extent required by applicable law.
These country rules relate to collection from the original delivery address. If you move the goods to another location, please contact us to discuss the arrangements. Any additional costs can be charged only where legally permissible and properly agreed.
Where you are responsible for return costs, you may arrange a suitable return carrier yourself rather than use our collection service. Please contact us to coordinate delivery to our return address. We will not charge a collection fee for a collection service that you do not use. Applicable statutory rights remain unaffected.
These return-cost rules concern withdrawal from a purchase contract. They do not restrict your rights in respect of defective goods or require you to pay transport costs that we must bear when providing statutory remedies.
Handling and loss in value
You are liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning, and only where the statutory requirements for such liability are met.
Please handle the goods carefully and keep suitable packaging where practical. Original packaging is not a condition for exercising your right of withdrawal.
Exclusion for individually manufactured or personalised goods
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly personalised, where the statutory conditions for this exclusion are met.
This may apply, for example, to furniture manufactured to individually agreed dimensions or a genuinely personal specification. An item is not automatically excluded merely because it is produced after ordering or selected from standard options.
The exclusion of withdrawal does not affect statutory rights relating to defects or failure to supply goods in accordance with the contract.
11. Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract. You may copy it into an email or print and send it by post.
To:
DREIECK GmbH
Marie-Curie-Strasse 2
53773 Hennef, Germany
Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): only if this form is submitted on paper
Date:
(*) Delete as appropriate.
12. Applicable law and dispute resolution
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice does not deprive them of protection afforded by mandatory provisions of the law that would apply in the absence of this choice, including the law of their habitual residence where applicable.
For customers who are merchants, legal entities under public law or special funds under public law, the courts at our registered office have jurisdiction to the extent that such an agreement is legally permissible. Statutory jurisdiction rules applicable to consumers remain unaffected.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body. Your right to seek judicial remedies remains unaffected. Please contact us directly if you have a complaint so that we can try to resolve it.
13. Changes to these terms
We may update these terms for future orders. An update does not amend an existing contract merely because it is published on our website or because a customer does not object.
Changes to an existing contract require an appropriate legal basis or agreement between the parties. If a provision is ineffective, the applicable statutory rules take its place. The remaining provisions continue to apply to the extent permitted by law.
Questions about your order?
Contact DREIECK DESIGN for assistance with your order, delivery arrangements or withdrawal.