General Terms and Conditions and Legal Information for the Online Retail Activities of the Webshop www.april-furniture.de
1. Area of Application
The following General Terms and Conditions apply to contract negotiations, contracts concluded and the implementation of contracts between you as a customer and the company
april furniture GmbH, Barckhausstraße 1, D 60325 Frankfurt am Main, T +49 (0)69 247 568 92 0, M +49 (0)152 094 537 71, e-mail firstname.lastname@example.org.
The General Terms and Conditions apply to both consumers and traders. Individual agreements with consumers are also possible alongside these General Terms and Conditions. Other provisions and general terms and conditions of companies shall not form part of the contract, even if we do not expressly object to them.
The term consumer applies to every natural person who completes a legal transaction for a purpose that cannot be attributed to his/her commercial or independent professional activity.
The term trader applies to a natural or legal person or a partnership with legal capacity who/that exercises a commercial or independent professional activity when completing a legal transaction. A partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into engagements.
2. Conclusion of Contract and Changes to Orders
The presentation of our goods in the online shop does not represent a binding offer. By placing goods in your shopping cart, entering your order details, selecting your delivery and payment method, accepting the General Terms and Conditions and finally clicking on the “Buy” button at the end of the order transaction, you, in your role as a customer, make the binding offer to want to purchase the items listed in your order from us. You can choose to use the “Remove this item” function to remove items from your shopping cart or cancel your order by leaving your shopping cart or the order menu or by closing the browser window at any time until you have completed the order transaction.
Once you have submitted your order, we will send you a confirmation e-mail containing the details that you have provided and the items that you have ordered. We will then check your order. The contract shall be concluded when we subsequently send you a further e-mail containing confirmation of the contract.
3. Storage of the Contract Text and the Contract Language
We do not store the contract text, but only save the delivery and billing addresses provided by you and your order details. You can print out the General Terms and Conditions at any time and can print out your order at the end of the order transaction.
The contract language is German.
4. Cancellation Policy
Right of Revocation for Consumers
Consumers have a right of revocation according to the following cancellation policy. The term consumer applies to every natural person who completes a legal transaction for purposes that cannot be predominantly attributed to his/her commercial or independent professional activity.
Right of Revocation
You have the right to withdraw from this contract within fourteen days without stating reasons. The cancellation period lasts a total of fourteen days starting on the day on which you or a third party specified by you that is not the carrier of the goods, take/takes possession of the goods.
To exercise your right of revocation, you need to inform us of your decision to withdraw from this contract by sending us (april furniture GmbH, Barckhausstraße 1, D 60325 Frankfurt am Main, T +49 (0)69 247 568 92 0, M +49 (0)152 094 537 71, e-mail email@example.com) a clear notice of withdrawal (e.g. a letter sent by post, a fax message or an e-mail). You can use the sample cancellation form attached but are not required to do so.
The sending of your notice that you wish to exercise your right of revocation before the expiry of the cancellation deadline shall suffice for the observation of the cancellation deadline.
Consequences of Withdrawal
In the case that you withdraw from this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs incurred from your choice of a different delivery method than the cheapest standard delivery offered by us) immediately and within fourteen days after the day on which we receive your notice of withdrawal from this contract at the latest. When refunding your payments, we shall use the same payment method as you used in your original transaction unless otherwise expressly agreed with you in writing. Under no circumstances will you be charged any fees for this refund.
We are entitled to refuse to refund your payments until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever occurs first.
You must give us the goods or send them back to us immediately and within fourteen days after the day on which you inform us of your withdrawal from this contract at the latest. The sending of the goods before the expiry of this deadline of fourteen days shall suffice for the observation of the deadline. You must bear the direct costs incurred when returning goods that can be sent as parcels. You must also bear the direct costs incurred when returning goods that cannot be sent as parcels. It is estimated that these costs will add up to a maximum of 50.00 euros.
You must only pay for any possible loss in value of the goods if this depreciation can be traced back to handling of the goods that was not necessary in order to check the condition, properties and function of the goods.
Exclusion and/or Premature Termination of the Right of Revocation
The right of revocation shall not apply in the case of contracts on the delivery of goods that are not prefabricated, the production of which strongly involves an individual selection by or individual specifications of the consumer or which are clearly customised to meet the consumer’s personal needs and requirements.
5. Exclusion of the Right of Revocation for Traders
Customers who are traders are not entitled to a right of revocation. The definition of the term “trader” can be found in section 1 of the General Terms and Conditions and in section 14 of the German Civil Code.
6. Reservation of Title and Right of Retention
The goods shall remain our property until full payment has been received. The customer is only entitled to offset payments when the counterclaims arise from the same legal relationship and have been legally determined by the court or recognised by us in writing.
The prices listed at the time at which the order is placed shall apply. All prices include statutory value-added tax and exclude delivery costs including other price components and in EUROS (€). The decorative materials such as cushions, plants, etc. shown in the images do not form part of the items available for sale and are therefore not included in the price.
8. Delivery Costs, Customs Duties and Import Turnover Taxes
Delivery within Germany is free of charge. Delivery fees shall be charged in addition to product prices for deliveries to locations outside of Germany. You can find more details on delivery costs in this delivery cost table. You will be shown the delivery costs for your order before you place your order.
Deliveries to countries outside the EU may involve charges for customs duties and import turnover tax. In the case of deliveries to Switzerland, for example, value-added tax is not charged in our retail price, but Swiss value-added tax will be charged in Switzerland when the goods are imported. The important turnover tax is not included in our retail prices because it is not charged by us.
Customs duties in each country of delivery must be paid by the recipient him/herself in the country in question and vary according to the value of the goods delivered.
Customers with delivery addresses outside the EU should contact their responsible customs authority to enquire about these charges in advance.
9. Terms and Conditions of Delivery and Payment
The condition and appearance of the goods can be found in the respective item description, although images and colours may be displayed differently on line and depending on the properties of the customer’s computer so may deviate from the original. The images used on our website are designed to be used as examples and illustrative material.
The delivery period is specified separately for each item. You can also contact us to arrange longer delivery period on request. If the last day of the delivery period is a Saturday, Sunday or an officially recognised general public holiday in your country of delivery, this day shall be replaced by the next working day.
The delivery period shall begin:
- on the day on which the money leaves your account in the case of advance payment via bank transfer.
- on the day on which we receive confirmation of payment from PayPal or the credit card processor in the case of PayPal or credit card payments.
You can choose one of the following payment methods:
- Advance payment via bank transfer: The invoice amount must be transferred to our account within 14 days after conclusion of the contract.
- PayPal payment: Your payment will be processed via PayPal directly after you have ended the order transaction.
- Credit card payment: The amount will be withdrawn from your specified credit card account via PayPal. The PayPal requirements for credit card purchases shall apply.
Payment is due upon conclusion of the contract. If advance payment is not received in our account within 14 days after conclusion of the contract, we shall be entitled to withdraw from the contract. In the case of withdrawal, any payments already made by the customer will be refunded immediately and goods already delivered must be returned by the customer.
10. Warranty for Consumers
The statutory warranty provisions apply.
In the case of transport damages, we request that you ask the delivery company to record and confirm these damages immediately and report these damages to us. If you not do not meet this request, this shall not, however, influence your warranty claims.
11. Warranty for Traders
The commercial obligation to provide notice of defects immediately upon receipt of goods applies to merchants as defined by the German Commercial Code (HGB) and traders as defined by section 14 of the German Civil Code (BGB) (paragraph 1 of these General Terms and Conditions). Customers who are traders are therefore obliged to check the delivered goods for visible defects immediately once they have received their delivery. If you discover visible defects, you must notify us of these defects within a period of 7 days following receipt of the goods. This notice can be provided via telephone, in writing or via e-mail. If you fail to inform us of defects, you are no longer entitled to assert warranty claims against us on the basis of these defects. Furthermore, the warranty between us and traders or merchants shall be limited to a period of twelve months after delivery of the goods. We also assume no liability for defects caused by the trader or individuals whom the trader allows to access the goods.
The risk of deterioration or accidental perishing of the goods shall be transferred to the trader as soon as we have handed over the goods to be delivered to the carrier.
12. Liability Limitation
We shall only assume liability for damages incurred as a result of causes other than injury to life, limb or health insofar as these damages are based on wilful or gross conduct or the culpable breach of an important contractual obligation (cardinal obligation) by us or our agents. Furthermore, we shall only assume liability for consequences that are typical for the contract and foreseeable in the case of damages caused as a result of negligent behaviour. Liability for compensation for damages extending past this is excluded. This shall not, however, affect the regulations of the German Product Liability Act (“Produkthaftungsgesetz”) and the mandatory statutory liability provisions.
13. Final Provisions
The law of the Federal Republic of Germany shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you do not have a place of general jurisdiction in Germany or move to a place of residence outside of Germany after conclusion of the contract or your place of residence is unknown at the time at which a suit is commenced, the place of jurisdiction for all disputes shall be the registered office of the company april furniture GmbH. This shall not affect mandatory and more favourable provisions of the country in which you are normally resident as a consumer.
If the customer is a merchant, a corporate body under public law or the body responsible for public-law assets, the place of jurisdiction for all disputes shall be the registered office of the company april furniture GmbH.
If individual provisions of these German Terms and Conditions are invalid or contrary to the statutory provisions, this shall not affect the validity of the remaining provisions. The law shall apply in the place of the invalid or conflicting provision.