General Terms and Conditions of Ehrmann Wohn- and Einrichtungs 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 businesses.

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

An entrepreneur within the meaning of our General Terms and Conditions is any natural or legal person or partnership with legal capacity who or which acts in the exercise of a commercial or self-employed professional activity. Entrepreneurs 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 product offers presented in our online shop are subject to change and do not constitute offers in the legal sense. By clicking the button “Add to basket”, the customer can place the respective item 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 via the provided 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 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, after placing the order, we will provide the customer with the contractual provisions including these General Terms and Conditions and the cancellation policy including cancellation form in text form 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 websites 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 the order is placed 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 at risk due to 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 is entitled to avert these consequences by providing security.

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

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

(4) The customer only has rights of set-off with claims that are undisputed by us or have been legally established against us or are ready for decision in judicial proceedings without further taking of evidence.

§ 5 Delivery

(1) In the event that the ordered goods are unavailable for reasons not attributable to us as a result of late 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 of the unavailability of the ordered goods and to reimburse without delay any consideration already received from you (payments).

(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 by bringing a third-party opposition action, insofar as reimbursement of the costs cannot be obtained from the third party concerned.

§ 7 Rights in case of defects

(1) In the event of a material defect in the purchased item, the statutory provisions shall generally apply. This means that the customer may primarily demand subsequent performance, i.e. at their choice either subsequent delivery or remedy 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 to claim damages or reimbursement of expenses.

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

(2) All claims for defects become time-barred in two years from handover. However, if a defect has become apparent within the limitation period, the limitation period does not expire before the expiry of four months after 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 entrepreneurs:

(4) For commercial purchases with merchants within the meaning of the HGB, § 377 HGB applies, so that claims for defects by the customer in this case only exist if the customer has duly complied with their duties of inspection and notification of defects incumbent upon them under § 377 HGB.

(5) All claims for defects 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 are not increased by the fact that the delivery item has been 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 ordinary negligence, we are only liable in the event of breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, irrespective 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 ordinary 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 do not apply 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 the performance of the contract.

§ 9 Data protection

We collect and process the customer data necessary for business processing. When processing the customer’s personal data, we observe the statutory provisions. Further details can be found in the data protection provisions accessible 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 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 provisions more favourable 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 accessed 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 any questions, we can also be reached by telephone on +49 – (0)6341-977-0 or via our contact form below.

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Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen 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, 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 cancel this contract. You may use the attached model cancellation form for this purpose, but this is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification concerning the exercise of the right of cancellation before expiry of the cancellation period.

Consequences of cancellation

If you cancel 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 your choosing 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 cancellation of this contract was received by us. For this repayment, we use the same means of payment that you used for the original transaction, unless something else was expressly agreed 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 again or until you have provided proof that you have returned 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 no later than within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before expiry of the period of fourteen days. In the event of a return of goods that can be sent by parcel and goods that cannot be sent by parcel, you bear part of the direct costs for the return shipment. This will be deducted from the refund amount. For goods that can be sent by parcel, the costs amount to EUR 7.95, and for goods that cannot be sent by parcel, 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 functioning of the goods.

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