Términos del servicio

General 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 (Outchair GmbH) via the website
www.outchair.de. Unless otherwise agreed, the inclusion of any own
terms and conditions used by you is objected to.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which
can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 his or her
independent professional or commercial activity.

2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to
conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping cart" via the corresponding button in the navigation bar
and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions,
will finally display the order data as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will be redirected
either to the order overview page in our online shop or to the website of the provider of the instant payment system
.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop
.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also
via the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("pay now" or similar designation),
you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. For this purpose, we will submit a binding offer to you in
text form (e.g. by e-mail), which you can accept within 5 days (insofar as no other period is stated in the respective offer)
.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out
by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct,
the receipt of the e-mails is technically ensured and in particular not prevented by SPAM filters.

§ 3 Special agreements on payment methods offered

(1) SEPA direct debit (basic and/or company direct debit)
If you pay by SEPA basic direct debit or SEPA company direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate,
.
The direct debit will be collected within 10-15 days after conclusion of the contract.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged
to ensure sufficient cover of the account on the due date. In the event of a return debit note due to your
fault, you must bear the bank charge incurred.

§ 4 Right of retention, reservation of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship
have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of
the invoice amount which accrue to you from the resale, we accept the assignment. You are further authorised to collect the claim
. However, insofar as you do not properly meet your payment obligations, we reserve the right
to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value
of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our
securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.

§ 5 Warranty

(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and
transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this,
this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the item, but not
other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the rectification of defects fails,
you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second
attempt, unless something
else arises in particular from the nature of the item or the defect or the other circumstances. In the event of rectification, we shall not have to bear the increased costs incurred by transporting the goods to a
place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence by
;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary manner of use for a building and have caused its defectiveness
;
- in the case of statutory rights of recourse which you have against us in connection with rights relating to defects.

6 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law
of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction is our registered office, insofar as you
are not a consumer but a merchant, a legal entity under public law or a special fund under public law
. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or usual
residence is not known at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction
remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. customer information

1. identity of the seller

Outchair GmbH
Wilhelm-Leuschnerstraße 28
61197 Florstadt
Deutschland
Telefon: +49 162 7553501
E-Mail: [email protected]

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr.

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

3. contract language, contract text storage
3.1. contract language is german .
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping basket system
, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the
order by us, the order data, the legally required information for distance contracts and the General
Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding
quotation in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of Conduct
4.1. We have submitted to the Buyer Seal Quality Criteria of Händlerbund Management AG, available at
under: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment modalities
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all
price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on
of our Internet presence or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by
, unless free delivery has been promised.
6.3 If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as
e.g. customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
.
6.4 You must pay any costs incurred for the transfer of funds (bank transfer or exchange rate fees) in cases
where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our
website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately
.

 

7. Terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a button designated accordingly at
on our website or in the respective offer.
7.2 If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold
during shipment does not pass to you until the goods are handed over to you, 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 a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.

8. Legal 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 have been prepared by the lawyers of the Händlerbund specialised in IT law and are permanently checked
for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the
case of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.

last update: 27.10.2020