General Terms and Conditions ( GTC )
§ 1 Scope and provider
- These general terms and conditions apply to all orders that you place on the website https://www.floriansaul.com, operated by Florian Saul, Fuldastr.54, 12043 Berlin.
- The range of goods in our online shop is directed exclusively to buyers who have reached the age of 18.
- Consumer in the sense of these general terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense of these General Terms and Conditions of Business 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.
- Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to entrepreneurs for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is already now contradicted.
- Contractual language is German and English.
- You can call up and print out the currently valid General Terms and Conditions on the website www.floriansaul.com/en/gtc
§2 Conclusion of contract and storage of the contract text
- The presentation of products in my online shop does not represent a binding offer for the conclusion of a sales contract in the legal sense and will be continuously adjusted. Rather, it is a non-binding invitation to order goods in my online shop.
- By clicking the button (“buy now”) you submit a binding offer to buy (§145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary. By placing an order on my site you agree to pay the purchase price for the products from this order if I accept your order.
- After receipt of the purchase offer you will receive an automatically generated e-mail confirming that I have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
- Each order by you requires the acceptance by me. A sales contract for the goods is only concluded when I expressly declare the acceptance of the purchase offer (order confirmation) or when I send the goods to you – without prior express declaration of acceptance. Exception: when paying with Paypal, the acceptance of the order takes place immediately with your order.
- Order processing and contact are usually done by e-mail and automated order processing. You as a customer have the duty to ensure that the e-mail address you have given for order processing is correct, so that the e-mails sent by me can be received at this address. Especially when using SPAM filters, you have to make sure that all e-mails sent by me or third parties commissioned by me with the order processing can be delivered.
- When submitting your offer via the online order form, the text of the contract will be saved by me after the conclusion of the contract and sent to you in the form of an order confirmation in text form (e.g. e-mail, fax or letter). I will not make the text of the contract accessible beyond this. If you have set up a user account in my online shop before sending an order, the order data will be archived on my website and can be accessed free of charge by you via your password-protected user account by entering the corresponding login data.
- Before you order products, it is your responsibility to check and ensure that you are able to accept the products you have ordered. Especially in the case of delivery by a forwarding agent of larger products, it is also your responsibility to ensure that the ordered products can be delivered to the room of your choice, fit into this room, can be transported through the door of your flat or room and through stairs and corridors and that there are no other problems which could make delivery more complicated or impossible.
The prices stated on the product pages contain the statutory value added tax and other price components and are exclusive of the respective shipping costs. For further information on shipping costs, please visit my website under “Shipping methods”.
§4 Terms of payment
- Payments are optionally made by:
– Invoice via prepayment
- The choice of the available payment methods is up to me. In particular, I reserve the right to offer you only selected payment methods, e.g. only advance payment to cover my credit risk.
- If you choose the payment method prepayment I will give you my bank details in the order confirmation. The invoice amount is to be transferred to my account within 10 days after receipt of the order confirmation.
- When paying with PayPal you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment instruction to me. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards. Payments by PayPal, direct debit and credit card are subject to the General Terms and Conditions of the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.22-24 Boulevard Royal, L-2449 Luxembourg, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.
- If you are in default with a payment, you are obliged to pay the statutory default interest at a rate of five percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless lower or higher damages can be proven in the individual case.
§5 Set-off; right of retention
- You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by me or is in a close synallagmatic relationship with our claim.
- You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§6 Delivery; assembly; reservation of title
- Unless otherwise agreed, the goods will be delivered from my warehouse to the address given by you:
- The goods remain my property until full payment of the purchase price.
- By way of exception, I am not obliged to deliver the ordered goods if I have ordered the goods properly on my part, but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that I am not responsible for the lack of product availability and have informed you of this circumstance immediately. Furthermore, I may not have assumed the risk of procuring the ordered products. If the goods are unavailable, I will immediately refund any payments already made. The risk of having to procure an ordered product (procurement risk) I do not take over. This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
- Special and additionally agreed work not included in the purchase price, such as special deliveries and assembly and erection work, shall be invoiced separately and shall be due for payment at the latest upon delivery or acceptance.
- My employees or vicarious agents are not authorized to carry out work that exceeds my contractual obligations as seller.
- If such work is nevertheless carried out by my employees at your request as a buyer, this does not affect the contractual relationship between me – seller – and you – buyer.
- If you are an entrepreneur in the sense of § 14 BGB, the following applies in addition:
– I reserve the right of ownership of the goods until the complete settlement of all claims from the current business relationship. Before transfer of ownership of the goods subject to retention of title, pledging or assignment as security is not permitted.
– You may resell the goods in the ordinary course of business. In this case, you hereby assign to me all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claim. As far as you do not meet your payment obligations properly, I reserve the right to collect claims myself.
– If the goods subject to retention of title are combined or mixed, I shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
– I undertake to release the securities to which I am entitled on request to the extent that the realisable value of my securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at my discretion.
§7 Revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of withdrawal, you must give me:
Inform us by means of a clear statement (for example, a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, I must refund all payments I have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by me), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment I 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 for this repayment.
I may refuse the refund until I have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to me immediately and in any case within fourteen days at the latest from the day you inform me of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs for the return of the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
End of the cancellation policy
- the right of revocation does not apply to the delivery
– of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (for example, made-to-measure or individual design),
– sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
– of goods, if these were inseparably mixed with other goods after delivery due to their nature,
– of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
– of newspapers, periodicals or magazines, with the exception of subscription contracts
§8 Damage in transit
- If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and please contact me as soon as possible.
- The omission of a complaint or contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
§9 Return shipment
- Please avoid damage and contamination If possible, please return the goods to us in the 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 use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
- Goods that were sent by a forwarding agent will be picked up again by a forwarding agent in case of return. In this case please contact me by phone, in writing or by e-mail. Please do not send back goods sent by a forwarding agency with a parcel service to me, this is the only way to avoid transport damages. Forwarding articles are not automatically suitable for transport by parcel service even in their original packaging due to their weight, sensitivity or size.
- Please note that the modalities mentioned in the preceding paragraphs 1, 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal as a consumer.
- you act as a merchant within the meaning of § 1 HGB (German Commercial Code) you are subject to the duty of examination and notification of defects according to § 377 HGB. The goods shall be deemed approved if the customer fails to comply with the duties of notification regulated therein.
Address for your return shipment, unless otherwise agreed: Florian Saul, Fuldastr. 54, 12043 Berlin
§10 Subject to change
- Products manufactured according to the customer’s wishes, or products manufactured in series, are sold according to samples or illustrations. In general, qualitative demands can only be made on the ordered products to an extent that can be reasonably or commercially demanded for products of the corresponding materials and manufacturing method.
- I also offer products made of natural materials such as wood, leather or metal. Products made of natural materials may be subject to individual characteristics, such as shades of colour, variations in grain, irregularities (such as knotholes), inclusions in metal, visible welds and traces of processing, etc. These special features are part of the normal properties of the products and are reserved within reasonable limits.
- Likewise, customary deviations in furniture and accessory surfaces that are reasonable for you as the purchaser are reserved with regard to deviations in the design compared to samples or illustrations, in particular in the colour tone. We also reserve the right to deviations from measurement data that are customary in the trade and acceptable to the purchaser.
- Deviations of the kind described in Clauses 2. and 3. shall not constitute a defect.
- There is no claim to delivery of the exhibits, unless otherwise agreed upon when the contract was concluded.
§ 11 Warranty
- The warranty does not cover defects for which you as the buyer are responsible, such as damage caused by natural wear and tear, moisture, strong heating of the rooms, intensive exposure to sunlight or artificial light, other temperature or weather influences or improper handling.
- Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the law on the sale of goods (§§ 433 ff. BGB).
- If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods – in contrast to the statutory provisions – is one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as for claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
- In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
- if you are an entrepreneur in the sense of § 14 BGB, the statutory provisions apply with the following modifications:
– Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
– You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within seven days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
– In the event of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
– If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
– The warranty period is one year from delivery of the goods.
- Unlimited liability: I am liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence I am liable for damages resulting from injury to life, body and health of persons.
- The following limited liability applies: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you could regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 13 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.
I will endeavour to settle any differences of opinion arising from my contracts amicably. Furthermore, I am not obliged to participate in arbitration proceedings and unfortunately I cannot offer you to participate in such proceedings.
§14 Final provisions
- if one or more provisions of these terms and conditions are or become invalid, the validity of the other provisions shall not be affected.
- German law is exclusively applicable to contracts between me and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
- If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between me and you shall be my place of business.
Status: November 2019
The general terms and conditions are based on a sample of HÄRTING Rechtsanwälte,
Chausseestr. 13, 10115 Berlin, Tel. 030 28 30 57 40, Fax 030 28 30