General Terms and Conditions of cb creative büroeinrichtung GmbH
1.1 Customers within the meaning of these General Terms and Conditions (GTC) may be both consumers and entrepreneurs.
1.2 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
2 Offer, Conclusion of Contract
The products and services listed by the seller within the online store do not constitute binding offers for the seller; rather, they are an invitation to the customer to submit a binding offer by placing an order.
By sending the order from the "virtual shopping cart", the customer places a binding order for the items contained therein. The seller will confirm the receipt of this order to the customer immediately by e-mail.
The purchase contract is concluded with the express acceptance of the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the contract offer of the customer within two working days after receipt of the order.
3.1 All prices stated are total prices including VAT plus shipping costs. The costs for packaging and shipping are to be taken from the respective offer.
3.2 Note to international buyers
3.2.1 The item price or shipping costs do not include import duties and fees. For deliveries to non-EU countries, additional duties, taxes and fees will apply. The buyer is responsible for these costs. Before bidding on or purchasing an item, please check with your country's customs authorities to determine what these additional charges may be. These fees are usually collected by the shipping company or freight carrier upon delivery or when you pick up the item. These fees are not additional shipping charges.
3.2.2 Items are not declared by us to be under value or a gift. According to the laws of the USA and other countries, this is not allowed.
3.2.3 Warranty information is valid only in Germany.
4. retention of title
The goods delivered by the seller remain his property until full payment.
5. means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1 You can find the means of payment accepted by us on our website. The delivery is carried out at the respective shipping costs shown in the item description. We point out any delivery restrictions, if these exist.
5.2 If the customer is a consumer, the seller bears the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment shall pass to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
6. cancellation policy
If you are an entrepreneur (cf. Section 1.2 of our General Terms and Conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of revocation does not apply. For consumers (any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity) applies:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day,
- on which you or a third party named by you, who is not the carrier, have taken possession of the goods or have taken possession of the goods if you have ordered one or more goods as a consumer in the context of a uniform order and the goods or goods are delivered to you together;
- on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you as a consumer have ordered several goods as part of a single order and the goods are delivered to you separately;
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial consignment or the last piece, if you as a consumer have ordered goods that are delivered to you in several partial consignments or pieces;
If there is more than one of the above possibilities, the withdrawal period shall not start to run until you or a third party named by you, who is not the carrier, have taken possession of the last goods and/or the last partial shipment or piece.
In order to exercise your right of withdrawal, you must send us
cb creative büroeinrichtung gmbh
Managing director: Cornelia Baumhoer, Wolfgang Sommer
Tel: + 49 (0) 7127 / 95780-55
Fax: + 49 (0) 7127 / 95780-50
by means of a clear statement (eg a letter sent by mail, telephone, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the costs of returning goods that can be sent by parcel post. You shall also bear the direct costs of returning goods that cannot be sent by parcel post. The costs are estimated, depending on weight and size at a minimum of 200 EUR to an estimated maximum of 440 EUR.
You will 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 testing the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To: cb creative büroeinrichtung GmbH, Managing Directors: Cornelia Baumhoer, Wolfgang Sommer, Wilhelm-Schickard-Strasse 7, D-72124 Pliezhausen-Gniebel
Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of the
the following goods (*) ..........................................................................................
ordered on (*) ..........................................................................................
received on (*) ..........................................................................................
Name of the consumer(s) .................................................................................
Address of the consumer(s) ............................................................................
Date, signature of consumer(s)
(*) Delete where not applicable.
7.1 Unless otherwise agreed by the parties, the right of withdrawal shall not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence,
- contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,
The right of cancellation expires prematurely, unless the parties have agreed otherwise, in the case of the following contracts:
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,
- contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, suitable packaging.
7.2 Please avoid damage and contamination of the goods. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
7.3 Please note that the aforementioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
8. compensation for loss of value in the event of revocation
In the event of a revocation of the contract, the customer shall, notwithstanding Section 346 (2) No. 3 of the German Civil Code (BGB), pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary for the examination of the quality, characteristics and functioning of the goods and we have informed the customer of his right of revocation in accordance with Article 246a Section 1 (2) Sentence 1 No. 1 of the Introductory Act to the German Civil Code.
9. liability for defects, warranty rights, liability
All our goods are subject to a statutory liability for defects. For liability and warranty, the statutory provisions apply, the consumer may claim the statutory rights for defects free of charge.
The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any warranties do not limit the statutory warranty claims.
10. consumer information for distance contracts for the purchase of goods.
10.1 The Seller has submitted to the following code of conduct: The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
10.2 The essential characteristics of the goods offered by the Seller as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of the Internet offer. The language available for the conclusion of the contract is exclusively German.
10.3 Complaints and warranty claims can be made at the address given in the vendor identification. For information on payment, delivery or fulfillment, please refer to the offer.
10.4 In the online shop, first add the selected goods to the shopping cart. If you have selected all the desired items, then you can go to the checkout. If you are already a customer, you can log in by entering your e-mail address and password. Otherwise, you can open your personal customer account, or order without registration. In both cases, you need to enter your contact information in the next step. After that you can choose the shipping and payment method and as the last step you can place your order by clicking the button "Order for payment". Until then, you have the opportunity to recognize your entries and, if necessary, to correct them after pressing the "Back" button of your browser on the previous page or to cancel the ordering process by leaving the page.
10.5 The seller does not save the text of the contract after the conclusion of the contract and it is not accessible to the customer. However, after the conclusion of the contract we will send the customer an order confirmation with all details to the e-mail address provided by you, in which you will again be informed about all essential data of your order, our General Terms and Conditions, your cancellation policy. You have the option of printing out both the General Terms and Conditions and your order with all the data entered during the ordering process. Through the print function of your browser, you also have the option to print the contract text. You can also save the contract text by clicking on the right mouse button to save the Internet page on your computer. After completion of the order processing, the contract text is no longer accessible to you.
11. final provisions
11.1 The contractual relationship between the Seller and the Customer as well as the respective terms and conditions shall be governed by the laws of the Federal Republic of Germany. If the Customer is a consumer, the applicable statutory provisions and rights in favor of the consumer under the law of the Customer's country of residence shall remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 If the aforementioned provisions have not become an integral part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
12. information for consumers on out-of-court dispute resolution
12.1 Obligation to provide information in accordance with the ODR Regulation (Article 14 (1) ODR Regulation)
Link to the EU Commission's platform for online dispute resolution: http://ec.europa.eu/consumers/odr
Our e-mail address is:email@example.com
12.2 Duty to inform according to the Consumer Dispute Resolution Act (§ 36 VSBG)
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.