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 Internet site www.outchair.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer in the sense of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his or her commercial or self-employed 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 their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we submit a binding offer to conclude a contract 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 calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Instant Payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting your order, you have the opportunity to check and change all details again (also using the "back" function of your Internet browser) or to cancel the purchase.
By submitting the order via the button "order subject to payment" you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats shall be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You shall expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and therefore do not assume liability for errors.
§ 4 Special agreements on offered payment methods
(1) SEPA direct debit (basic and/or company direct debit)
In the case of payment 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 that the account has sufficient funds on the due date. In case of a return debit note due to your fault, you have to bear the bank charges incurred.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if 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 applies in addition:
a) We reserve the right of ownership of the goods until all claims arising from the current business relationship have been settled in full. Before 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 hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, we 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.
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 at our discretion.
§ 6 Warranty
(1) The statutory rights of liability for defects exist.
(2) In the case of used goods, claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. If the defect becomes apparent within one year of delivery of the item, claims for defects may be asserted within the statutory limitation period of two years from delivery of the item. The above limitation does not apply:
- for damages to life, body or health caused by our fault and in the case of other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
(3) 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 fail to do so, this will not affect your statutory warranty claims.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information 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 provide warranty at our discretion either by repair or by subsequent delivery. If the rectification of defects fails, you can choose to demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, unless the transfer is in accordance with 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 damages attributable to us arising from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items which have been used for a building in accordance with their customary use and have caused the defectiveness of the building;
- for statutory recourse claims which you have against us in connection with rights of recourse in respect of defects.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. 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 thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer information
1. Seller's identity
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr (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 of Business (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, 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 are to be found in the respective offer.
5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred in the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was arranged outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. terms of delivery
6.1. The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when 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 any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
6.3. The purchaser is entitled to resell the reserved goods in the normal course of business. However, by accepting the goods delivered by us, the customer bindingly agrees not to resell the goods under the respective UVP indicated by us.
7. Legal liability for defects
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions of Business (Part I).
- Conditions of participation in online competitions
In order to participate in the draw, at least all the data that are specified as mandatory fields by the form must be entered. The participant is responsible for any changes to this data, in particular the address and e-mail address.
8.2 Eligible participants
All persons of full age are entitled to participate. Excluded from this are employees, agents, legal successors and representatives of Outchair GmbH
8.3 Other conditions of participation
Participation is only possible via the Internet and is independent of the provider of the online platform. Participation is in no way dependent on the purchase of services from Outchair GmbH. By participating in the competition, the participant declares his or her agreement with the rules of the competition. Participation is possible within the times specified in the competition or by a specified time at the latest.
8.4 Determining the prize & participation deadline
The competition runs for the period of time indicated in the description. The winner is determined by an independent online random draw.
8.5 Notification of the winners
The winners will be notified and/or called by e-mail or message from the online platform.
8.6 Applicable law
The competition is subject exclusively to German law.
8.7 Transmission of the prizes
The prizes will either be handed over personally (on presentation of an official photo ID) or sent to the address given during registration or by e-mail. If the winner does not respond within 2 days of notification, he/she loses all claim to the prize.
8.8 Termination options
Outchair GmbH reserves the right to cancel or terminate the competition at any time without prior notice. This applies in particular if the competition cannot run as planned for any reason, such as software and/or hardware errors and/or other technical and/or legal reasons that affect the administration, security, integrity and/or regular and proper execution of the competition. In such cases, Outchair GmbH also has the right to modify the competition at its discretion.
8.9 Data protection
To participate in the competition, personal data must be provided. The participant expressly agrees that the data transmitted by him/her will be collected and processed for the execution and handling of the competition. The participant's data will not be forwarded to third parties. The participant also agrees that he/she may receive messages in connection with Outchair Gmbh at the e-mail address he/she has provided. In the event of revocation, the participant will be excluded from the competition.
Facebook has no connection whatsoever with this competition. Facebook is not a contact for the competition. Legal recourse is excluded.
8.10. Legal action and liability
The judges' decision is final. There is no enforceable claim to the payment of the winnings. Outchair GmbH shall not be liable for the loss, delay, alteration, manipulation and/or misdirection of e-mails and/or data during data entry, recording, transmission and/or storage, which are caused by external data networks, in particular the Internet or the WWW, external telephone lines and/or other hardware and/or software of the participants and/or third parties; this also applies in particular to faulty, missing, interrupted, deleted or defective data. Outchair GmbH is also not liable for incorrect information caused by participants and/or third parties, their hardware and/or software, and which is used for or related to the competition. In particular, no liability is assumed if e-mails or data entries do not meet the requirements set out there and are consequently not accepted and/or accepted by the system. Furthermore, Outchair GmbH is not liable in the event of theft or destruction of the systems and/or storage media storing the data, or in the event of unauthorised alteration and/or manipulation of the data in the systems and/or on the storage media by the participants or third parties. Otherwise, Outchair GmbH is only liable for gross negligence or deliberate action by its legal representatives, employees or vicarious agents. Furthermore, Outchair GmbH shall not be liable for any damage to the winner or the winner's relatives in connection with the prize. The above exclusion of liability shall not apply where liability is mandatory, e.g. in cases of intent, gross negligence, injury to life, body or health or breach of major contractual obligations. However, the claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is mandatory, e.g. in cases of intent or gross negligence or due to injury to life, body or health. A change in the burden of proof to the disadvantage of the participant is not associated with the above regulations.
8.12. Severability Clause
Should a provision of the conditions of participation be or become invalid, the validity of the remaining provisions shall not be affected. In such a case, the organizer and the participant are obliged to cooperate in the creation of provisions that come as close as possible to the economic purpose of the invalid provision.
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specialising 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 case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
last update: 19.11.2018