General Terms and Conditions of Ehrmann Wohn- und Einrichtungs GmbH based in Landau in der Pfalz for online orders

§ 1 Scope of application

The following General Terms and Conditions apply to all contracts concluded via our online shop. They apply equally to consumers and entrepreneurs.

A consumer within the meaning of our General Terms and Conditions is any natural person who is acting for purposes that are predominantly outside his trade, business or profession.

An entrepreneur within the meaning of our GTC is any natural or legal person or partnership with legal capacity that acts in the exercise of a commercial or independent professional activity. Entrepreneurs within the meaning of our GTC also include legal entities under public law and special funds under public law.

§ 2 Conclusion of contract

(1) The product offers presented in our online shop are subject to change and are not offers in the legal sense. By clicking on the "Add to shopping basket" button, the customer can place the respective goods in the virtual shopping basket. This process is non-binding and does not constitute a contractual offer. Before placing an order, the content of the order, including the customer data, is summarised on an overview page. The customer can correct all order data there using the change fields provided. By clicking on the button "Order with obligation to pay" or - if offered - by clicking on the buttons "Buy with Apple Pay" or "Buy with Google Pay", the customer submits a binding offer to us to conclude a purchase contract. After placing the order, the customer receives an automatically generated email from us confirming receipt of the order and providing details of the order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract. A contract is only concluded by sending an order confirmation or by handing over the goods within one week of receipt of an order. Furthermore, we shall provide the customer with the contractual provisions, including these General Terms and Conditions and the cancellation policy, including the cancellation form, in text form at the latest upon delivery of the goods.

(2) The customer assures that all information provided by him when ordering or registering in the online shop (e.g. name, address, e-mail address, bank details, etc.) is truthful. We must be informed immediately of any changes.

(3) The contract language is exclusively German.

(4) We only deliver our goods to customers within the Federal Republic of Germany and Luxembourg.

§ 3 Prices, shipping costs

(1) The prices stated on our website are total prices and include the statutory value added tax.

(2) Dispatch shall be at the customer's expense. The shipping costs are displayed to the customer on the overview page before the order is placed and must be confirmed.

§ 4 Payment

(1) If we become aware after conclusion of the contract that payment of the purchase price is jeopardised due to the customer's inability to pay, we shall be entitled to demand advance payment or, if we have unsuccessfully set a deadline for payment of the purchase price, to withdraw from the contract. However, the customer shall have the right to avert these consequences by providing security.

(2) If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the base rate (§ 247 BGB) per annum. We reserve the right to prove higher damages.

(3) In the event of default in payment or other manifest credit unworthiness, all further claims against the customer shall become due immediately.

(4) The customer shall only be entitled to offset claims that are undisputed by us or have been legally established against us or are ready for judgement in legal proceedings without the need for further evidence.

§ 5 Delivery

(1) In the event of non-availability of the ordered goods for which we are not responsible as a result of late or incorrect delivery (including delivery of short quantities) by our (upstream) supplier despite a delivery contract concluded by us with the (upstream) supplier for the ordered goods, we reserve the right not to deliver. In this case, we undertake to inform you immediately of the non-availability of the ordered goods and to refund any consideration (payments) already received from you without delay.

(2) Delivery shall be made within the delivery period specified for the respective product.

§ 6 Retention of title

(1) The delivered goods shall remain our property until they have been paid for in full.

(2) The customer must inform us immediately after becoming aware of any access by third parties to the reserved goods. The customer shall be liable for all costs incurred for the cancellation of such seizures, in particular by filing a third party action, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.

§ 7 Defect rights

(1) In the event of a material defect in the purchased item, the statutory provisions shall apply in principle. This means that the customer can first and foremost demand subsequent fulfilment, i.e. subsequent delivery or rectification of defects, at his discretion. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract or demand compensation or reimbursement of expenses.

The following paragraphs 2 and 3 apply exclusively to customers who are consumers:

(2) All claims for defects shall become time-barred two years after delivery. However, if a defect has become apparent within the limitation period, the limitation period shall not expire before four months after the date on which the defect first became apparent.

(3) In the event of subsequent improvement or replacement delivery, we are obliged to bear all expenses necessary for the purpose of subsequent fulfilment in accordance with § 439 paragraph 2 BGB.

The following paragraphs 4 to 6 apply exclusively to customers who are entrepreneurs:

(4) For commercial purchases with merchants within the meaning of the German Commercial Code (HGB), § 377 HGB applies, so that claims for defects by the customer in this case only exist if the customer has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.

(5) All claims for defects shall become time-barred 12 months after delivery.

(6) In the event of subsequent improvement or replacement delivery, we are obliged to bear all expenses necessary for the purpose of subsequent fulfilment in accordance with § 439 paragraph 2 BGB, insofar as these are not increased by the fact that the delivery item has been taken to a place other than the place of fulfilment.

§ 8 Liability for damages

The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory requirements for claims.

(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.

(2) Insofar as we are liable for simple negligence in accordance with paragraph 1, our liability shall be limited to the damage that we could typically expect to occur according to the circumstances known at the time the contract was concluded.

(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damages to life, body or health, nor for mandatory statutory claims.

(4) The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whose services we use to fulfil the contract.

§ 9 Data protection

We collect and process the customer's data necessary for the business transaction. We comply with the statutory provisions when processing the customer's personal data. Further details can be found in the data protection provisions available in our online offer under data protection.

§ 10 Applicable law

These General Terms and Conditions and the entire legal relationship between us and our contractual partners shall be governed by the law of the Federal Republic of Germany to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as mandatory statutory consumer protection regulations in the customer's country of residence contain more favourable provisions for the customer, these provisions shall apply irrespective of the choice of German law.

§ 11 Dispute resolution

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link www.ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure and unfortunately cannot offer participation in such a procedure.

§ 12 Address for service of summons, contact

Our address for complaints and other declarations of intent as well as our summonable address is Ehrmann Wohn- und Einrichtungs GmbH, Lotschstraße 9, 76829 Landau in der Pfalz, Germany.

If you have any questions, you can also reach us by telephone on +49 - (0)6341-977-0 or via our contact form below.

Version 2.1

Cancellation policy

Right of cancellation

You have the right to cancel this contract within 30 days without giving any reason. The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of cancellation, you must inform us (Ehrmann Wohn- und Einrichtungs GmbH, Lotschstraße 9, 76829 Landau in der Pfalz, phone: +49 - (0)6341-977-0, e-mail: bestellung@moebelehrmann.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. We shall bear the costs of returning the goods. 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 their condition, properties and functionality.

Enclosure: