GTC

General Terms and Conditions of Business

 

  1. General, scope of application
  2. Formation of the contract
  3. Delivery time / Information about non-deliverable products
  4. Information obligations
  5. Payment
  6. Shipping and delivery costs
  7. Retention of title
  8. Warranty
  9. Liability
  10. Property right
  11. Applicable law

 

1. General, scope of application

The following General Terms and Conditions (GTC) regulate the contractual relationship between Friedrich & Patriz Möbel GmbH, authorized representative Leonard Beck, in the following also called online provider, and the natural persons who use the internet offer of the online provider (in the following called “customer”). The GTC apply to the use of the website www.standsome.com and the products of Friedrich & Patriz Möbel GmbH as well as all subdomains belonging to this domain. The version valid at the time of the conclusion of the contract is decisive in each case. The contract language is German.

 

2. Conclusion of the contract

Contractual partner of all orders is

Friedrich & Patriz Möbel GmbH | Mombacher Straße 2a – 55122 Mainz.

The offers of the online provider are non-binding.

By clicking the order button, the customer bindingly declares to the online provider that he wishes to purchase the contents of the shopping cart.

By clicking the button “Send order” you place a binding order for the goods contained in the shopping cart.

The confirmation of receipt of the order follows immediately after sending the order. The purchase contract is concluded with our delivery confirmation or delivery of the goods.

 

3. Delivery time / information about non-deliverable products

The delivery of goods in stock is usually within 10 working days, but in any case as soon as possible. Should the online supplier ask for an advance payment, the delivery dates may be postponed.

If an item is not available, the online provider will inform the customer on the invoice or the customer will receive a separate written notification.

 

4. Information obligations

The customer is obliged to provide truthful information during registration.

If data of the customer changes, in particular name, address, e-mail address, telephone number, bank details, the customer is obliged to notify the online provider of the change immediately by changing the information.

If the customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, the online provider can, insofar as a contract has been concluded, withdraw from the contract. The withdrawal shall be declared in writing. The written form is also met by sending an e-mail. By the false indication of data the concerned / customer makes himself liable for damages beyond that.

The online provider sends the customer immediately after the conclusion of the contract an e-mail with the customer information to the e-mail address provided by the customer during registration.

The customer must ensure that the e-mail account specified by him is accessible from the time of the order, and not due to forwarding, shutdown or overcrowding of the e-mail account fails to receive e-mail messages. The incorrectness of the information is assumed if an e-mail addressed to the customer fails three times in a row, or the service cannot be provided by the online provider due to incorrect address.

 

5. Payment

With the order, an advance payment in the amount of the purchase price is due immediately without deduction, unless payment by invoice or cash on delivery is agreed.

According to the law on accelerated collection of outstanding debts, the customer is legally in default if he does not pay within 30 days after the invoice date. In the event of default, the claim shall bear interest at the statutory default interest rate of 5 percentage points above the respective prime rate of the European Central Bank, unless higher interest rates can be demanded for any other legal reason. However, the assertion of further damages is not excluded.

The customer has the right to offset only if his counterclaims have been legally established or recognized by the online provider.

The customer may exercise a right of retention only if his counterclaim is based on the same contractual relationship.

 

6. Shipping and delivery costs

Shipping costs are incurred for deliveries of goods. These are to be borne by the customer, unless a self-collection in the shipping center of the online provider.

The amount of the shipping costs are within Germany:

Delivery with advance payment flat rate EUR 7.00

Delivery by cash on delivery EUR 11.00

 

The shipping costs for Austria, Switzerland*, the Netherlands, France, Belgium and Luxembourg are as follows

with prepayment flat rate EUR 15,00

*via MeinEinkauf.ch: The service provider takes over the complete handling of shipping and customs to Switzerland on request. You will find all information at MeinEinkauf.ch. You will receive your goods quickly, duty paid and at a reasonable price.

Your advantages of MeinEinkauf.ch:

  • Purchase is ready duty paid and taxed
  • Delivery in 3-4 days directly to Switzerland
  • You do not pay any import duties or presentation taxes

 

For deliveries to other countries as well as for business customers please ask for an offer by e-mail from us.

 

7. Reservation of proprietary rights

The delivered goods remain the property of the online provider until full payment of the purchase price, regardless of the expiry of the withdrawal period.

 

8. Warranty

Notification of all obvious and / or recognized defects or incorrect deliveries must be made immediately, but no later than 48 hours after receipt of the goods. The warranty claim does not cover damages resulting from improper handling and use of the goods as well as normal wear and tear resulting from improper handling and use of the goods as well as normal wear and tear which do not constitute a defect. Compensation for consequential damage caused by a defect is excluded.

If the object of purchase is defective at the time of delivery, the customer has the choice of whether subsequent performance is to take place through repair or replacement. The online provider is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.

If the supplementary performance fails, the customer may in principle, at his discretion, demand a reduction of the purchase price (reduction) or rescission of the contract (withdrawal) as well as damages. In the case of only minor defects that do not or do not significantly affect the usability of the purchased item, the customer has no right of withdrawal.

If the online provider delivers a defect-free object of purchase for the purpose of subsequent performance, the online provider may demand the return of the defective object of purchase from the customer.

Claims of the customer due to defects expire three months after receipt of the goods.

Damage caused by improper actions or actions contrary to the contract by the customer does not justify a claim against the online provider.

 

9. Liability

The liability of the online provider for slightly negligent breaches of duty is excluded, unless these relate to essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or the claims are based on the Product Liability Act.

The same shall apply to breaches of duty by the vicarious agent.

 

10. Industrial property rights

The online provider retains the sole property rights and copyrights to all drawings, patterns and designs produced by the online provider. Objects or drawings made according to designs of the online provider may not be made available to third parties, in particular competitors, under any circumstances. The recipient of the objects is liable for all disadvantages caused by the utilization of the models by non-authorized persons.

The customer shall be liable for any infringement of third party industrial property rights if the manufacture and delivery of items were carried out by us according to his specifications. He undertakes to immediately indemnify the online provider against claims for damages by third parties in the event of an infringement of third-party property rights caused by this.

Items manufactured by the online provider will be used for the online provider’s advertising. If a customer has a legitimate interest in the secrecy of the items produced for him, a timely agreement with the online provider.

 

11. Applicable law

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

Disclaimer/Limitation of Liability

 

Content of the online offer

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. When reproducing and using the products presented, the relevant regulations and laws must be observed. All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

 

References and links

The author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. The author therefore expressly declares that at the time the links were created, the corresponding linked pages were free of illegal content. He has no influence on the current and future design and content of the linked pages. Therefore, he hereby expressly dissociates himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the author’s own Internet offer as well as to external entries in guest books, discussion forums and mailing lists set up by the author.

For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who has linked to the respective publication.

 

Copyright and trademark obligation

The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use license-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.

 

Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND § 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.