General Terms and Conditions and Customer Information

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Cornelia Scholz) via the website www.chairclassics.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(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 their self-employed professional or commercial activity.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods .

(2) By placing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button
  (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be directed to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or entry of your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.


Before submitting the order, you have the option to review the information in the order summary again, change it (also by using the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
 
(4) Your inquiries for the creation of an offer are non-binding for you. We will then submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular is not prevented by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna:
  • Credit card ("Pay Now")
The use of invoice payment and/or installment purchase and/or direct debit requires a positive credit assessment. Therefore, we forward your data to Klarna for the purpose of address and credit assessment as part of the purchase initiation and processing of the purchase agreement. Please understand that we can only offer you the payment methods that are permissible based on the results of the credit assessment.

Further information on Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly named button on our website and during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply to these, you will be separately informed about them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.


(3) Payment via "Stripe"
If you choose a payment method offered via "Stripe", payment processing will be handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly named button on our website and during the online ordering process. For payment processing, "Stripe" may use additional payment services; if special payment conditions apply to these, you will be separately informed about them. Further information on "Stripe" can be found at https://stripe.com/de.


§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following additional provisions apply:

a) We reserve title to the goods until all claims arising from the current business relationship have been fully settled. Pledging or chattel mortgaging of the reserved goods is not permitted before the transfer of title.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims amounting to the invoice amount that arise from the resale, and we accept this assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination or mixing of the reserved goods, we shall 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 due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.


§ 5 Warranty

(1) The statutory liability rights for defects apply.

(2) If you are informed by us about this before making your contractual declaration and if this has been expressly and separately agreed, the limitation period for defect claims for used goods is one year from the delivery of the goods. The foregoing limitation does not apply:

- to damages caused by our culpable breach of life, body, or health, and to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the goods.
 
(3) As a consumer, you are requested to immediately check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.

(5) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:

a)  Only our own statements and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements made by the manufacturer.

b)  In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of the defect shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances dictate otherwise. In the event of rectification, we are not obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.

c)  The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:


- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.





II. Customer Information

1. Identity of the Seller

Cornelia Scholz
Krenzliner Straße 32
19288 Ludwigslust
Germany
Phone: +491742431065
Email: office@chairclassics.com



We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services 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, are total prices. They include all price components including all applicable taxes.

5.2. The incurred 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 shown separately during the order process, and must be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4. Incurred money transfer costs (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, and any 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 stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers specializing in IT law of Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.