I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts concluded between you and us as a provider (Andre Bender) via the www.shop.benda-interiors.com website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the Contract (1) The subject of the contract is the sale of goods. (2) By listing the respective product on our website, we make a binding offer to conclude a contract under the conditions specified in the item description. (3) The contract is formed through the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time and make changes via the corresponding button in the navigation bar. After accessing the “checkout” page and entering personal data as well as payment and shipping conditions, all order data is displayed again on the order overview page. If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be directed to the order overview page in our online shop or initially redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you will make the relevant selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before submitting the order, you have the opportunity to review all information once again, make changes (including using the “back” function in your web browser), or cancel the purchase. By clicking the “order with an obligation to pay” button, you legally accept the offer, thereby concluding the contract. (4) Your requests to create an offer are non-binding for you. We will provide you with a binding offer in written form (e.g., via email), which you can accept within 5 days. (5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and that it is not prevented by SPAM filters in particular.
§ 3 Customized Goods (1) You shall provide us with the suitable information, text, or files necessary for the individual design of the goods via the online ordering system or by email promptly after the conclusion of the contract. Any specifications we may provide regarding file formats must be adhered to. (2) You undertake not to transmit any data that violates the rights of third parties (in particular copyright, name rights, trademark rights) or violates existing laws. You expressly indemnify us from any claims by third parties asserted in this context. This also applies to the costs of legal representation required in this context. (3) We do not verify the transmitted data for correctness of content and therefore accept no liability for errors in this regard. (4) Custom-made products are excluded from statutory warranties; see §5 Warranty.
§ 4 Retention of Title, Right of Retention (1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price. (3) If you are a business owner, the following additionally applies: a) We reserve the right to ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security of the reserved goods prior to the transfer of ownership is not permitted. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that accrue to you from the resale; we accept the assignment. However, you are authorized to collect the claims. If you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves. c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled upon your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The choice of the securities to be released is our responsibility.
§ 5 Warranty (1) The statutory warranty rights apply. (2) As a consumer, you are requested to inspect the item promptly upon delivery for completeness, obvious defects, and transport damage and to promptly notify us and the carrier of any complaints. Failure to do so will have no effect on your statutory warranty claims. (3) If you are a business owner, the following deviations from the above warranty regulations apply: a) Only our own information and the manufacturer’s product description are deemed to be agreed as the nature of the item, not other advertising, public praise, and statements made by the manufacturer. b) In the case of defects, we provide a warranty at our discretion through rectification or replacement. If the rectification of defects fails, you can choose either a reduction in price or withdrawal from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by taking the goods to a location other than the place of performance, provided that such transportation does not correspond to the intended use of the goods. c) The warranty period is one year from the date of delivery of the goods. The shortening of the period does not apply to:
- damages attributable to us that were culpably caused by the violation of life, body, or health, as well as for other damages that were intentionally or grossly negligently caused;
- cases where we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- statutory recourse claims that you have in connection with warranty rights against us. (4) Custom-made products are excluded from the statutory warranty of 12 months and cannot be returned, but the right to rectification still exists. (5) Hygiene and health items are non-returnable. (6) The installation of the purchased item must be carried out by a qualified specialist workshop, and there must be proof of the installation. The warranty is void if the purchased item is damaged by the customer during self-installation.
§ 6 Choice of Law (1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of their habitual residence (principle of favorability). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Seller’s Identity
E-Mail: [email protected]
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract:
The technical steps leading to the conclusion of the contract, the contract itself, and the options for correcting errors are carried out in accordance with the provisions of the “Conclusion of the Contract” section of our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage:
3.1. The contract language is German. 3.2. The complete contract text will not be stored by us. Before submitting the order via the online shopping cart system, you can print or electronically save the contract data using your browser’s print function. After we have received the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email. 3.3. For inquiries made outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print or electronically save.
4. Essential Characteristics of the Goods or Service:
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and Payment Terms:
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes. 5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are displayed separately during the order process, and are to be borne by you additionally unless free shipping has been promised. 5.3. If delivery is made to countries outside the European Union, additional costs may be incurred that are not attributable to us, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are to be borne by you. Costs incurred for money transfer are also to be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union. 5.4. The payment methods available to you are indicated by a correspondingly labeled button on our website or in the respective offer. 5.5. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due for immediate payment.
6. Delivery Terms:
6.1. The delivery conditions, delivery date, and, if applicable, existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. 6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person designated to carry out the shipment, who is not specified by the entrepreneur. If you are a business owner, delivery and shipment are made at your own risk.
7. Legal Warranty Rights:
The warranty is governed by the provisions of the “Warranty” section in our General Terms and Conditions (Part I). These terms and conditions and customer information have been prepared by the legal experts of the Händlerbund, who specialize in IT law, and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal conformity of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/agb-service. Last updated: April 15, 2021.