General Terms and Conditions of Ehrmann Wohn- and Furnishing GmbH, with its registered office in Landau in der Pfalz, for online orders

§ 1 Scope

The following General Terms and Conditions apply to all contracts that we conclude via our online shop. They apply equally to consumers and traders.

A consumer within the meaning of our General Terms and Conditions is any natural person who acts for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity.

A trader within the meaning of our General Terms and Conditions is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. Traders within the meaning of our General Terms and Conditions also include legal persons under public law and special funds under public law.

§ 2 Conclusion of contract

(1) The goods offers presented in our online shop are subject to change and are not offers in the legal sense. By clicking the button “Add to basket”, 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 submitting 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 intended amendment fields. By clicking the button „Place order with obligation to pay“ or – if offered – by clicking 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 the order, the customer receives an automatically generated email from us confirming receipt of the order by us and reproducing its details (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 from receipt of an order. Furthermore, we will make the contractual provisions including these General Terms and Conditions and the cancellation policy including cancellation form available to the customer in text form after submission of their order at the latest upon delivery of the goods.

(2) The customer assures that all information provided by them when ordering or registering in the online shop (e.g. name, address, email address, bank details etc.) is truthful. Changes must be notified to us without delay.

(3) The contract language is exclusively German.

(4) We deliver our goods only 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 statutory VAT.

(2) Shipping is at the customer’s expense. The shipping costs are shown to the customer on the overview page before submission of the order and must be confirmed.

§ 4 Payment

(1) If, after conclusion of the contract, it becomes known to us that payment of the purchase price is jeopardised as a result of the customer’s lack of ability to pay, we are 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 has the right to avert these consequences by providing security.

(2) During a delay in payment by the customer, we are entitled to demand default interest at the rate of 5 percentage points above the base interest rate (§ 247 BGB) per annum. We reserve the right to prove higher damage.

(3) In the event of delay in payment or other apparent lack of creditworthiness, all further claims against the customer become due immediately.

(4) Rights of set-off are available to the customer only with claims that are undisputed by us or legally established against us or ready for decision in court proceedings without further taking of evidence.

§ 5 Delivery

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

(2) Delivery takes place within the delivery period specified for the respective product.

§ 6 Retention of title

(1) The delivered goods remain our property until full payment has been made.

(2) The customer must notify us without delay of any access by third parties to the goods subject to retention of title as soon as this becomes known. The customer is liable for all costs incurred for the removal of such access, in particular through filing a third-party objection action, insofar as reimbursement of the costs cannot be obtained from the respective third party.

§ 7 Rights in case of defects

(1) In the event of a material defect of the purchased item, the statutory provisions apply in principle. This means that the customer can primarily demand subsequent performance, i.e. at their choice subsequent delivery or removal of the defect. If the further statutory requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract or demand damages or reimbursement of expenses.

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

(2) All defect claims become time-barred in two years from handover. However, if a defect has become apparent within the limitation period, the limitation period does not occur before the expiry of four months from the time at which the defect first became apparent.

(3) In the event of repair or replacement delivery, we are obliged to bear all expenses necessary for the purpose of subsequent performance pursuant to § 439 paragraph 2 BGB.

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

(4) For commercial purchases with merchants within the meaning of the German Commercial Code (HGB), § 377 HGB applies, so that defect claims of the customer in this case only exist if the customer has properly complied with their obligations of inspection and notification of defects incumbent upon them under § 377 HGB.

(5) All defect claims become time-barred in 12 months from handover.

(6) In the event of repair or replacement delivery, we are obliged to bear all expenses necessary for the purpose of subsequent performance pursuant to § 439 paragraph 2 BGB, insofar as these do not increase because the delivery item was taken to a place other than the place of performance.

§ 8 Liability for damages

For our liability for damages, the following exclusions and limitations of liability apply without prejudice to the other statutory requirements for claims.

(1) We are liable insofar as intent or gross negligence is attributable to us. For simple negligence, we are liable only in the event of breach of an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the legal basis of the claim, including liability for fault at the time of conclusion of the contract, is excluded.

(2) Insofar as we are liable for simple negligence pursuant to paragraph 1, our liability is limited to the damage whose occurrence we typically had to expect according to the circumstances known at the time of conclusion of the contract.

(3) The above exclusions and limitations of liability apply neither if we have assumed a guarantee for the quality of the goods, nor for damages to be compensated under the Product Liability Act, nor for damage to life, body or health, nor for mandatory statutory claims.

(4) The above exclusions and limitations of liability also apply in favour of our employees, vicarious agents and other third parties whom we use for fulfilment of the contract.

§ 9 Data protection

We collect and process the data of the customer necessary for the transaction. When processing the customer’s personal data, we observe the statutory provisions. Further details result from the data protection provisions accessible in our online offer under Data Protection.

§ 10 Applicable law

These General Terms and Conditions and the entire legal relationships between us and our contractual partners are governed by the law of the Federal Republic of Germany to the exclusion of private international law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as mandatory statutory consumer protection provisions in the customer’s country of residence contain more favourable provisions for the customer, these provisions 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 reached via the external link www.ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings and unfortunately cannot offer participation in such proceedings either.

§ 12 Address for service, contact

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

If you have questions, we can also be reached by telephone on +49 – (0)6341-977-0 or via our following contact form.

Version 2.1

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within 30 days without giving reasons. The withdrawal 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 withdrawal, you must inform us (Ehrmann Wohn- und Einrichtungs GmbH, Lotschstraße 9, 76829 Landau in der Pfalz, telephone: +49 - (0)6341-977-0, email: bestellung@moebelehrmann.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must repay to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we 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 fees because of this repayment. We may refuse repayment until we have received the goods back again or until you have provided proof that you have sent back the goods, whichever is the earlier point in time. You must send back or hand over the goods to us without delay and in any case at the latest within fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send off the goods before expiry of the period of fourteen days. In the event of a return of parcel-deliverable and non-parcel-deliverable goods, you bear part of the direct costs for the return shipment. This will be deducted from the refund amount. For parcel-deliverable goods, the costs are EUR 7.95; for non-parcel-deliverable goods, the costs are EUR 69.95. You only have to pay for any loss in value of the goods if this loss in value is due to handling of them that is not necessary for checking the condition, properties and functionality of the goods.

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