General terms and conditions
Terms of contract in the context of sales contracts between
SoulMadeWood
Franke & Franke
Owner Thomas Franke
Wilhelmshavener Str. 67
10551 Berlin
- hereinafter referred to as "Supplier" - and the customers designated in § 2 of the contract - hereinafter referred to as "Customer" - are concluded.
§ 1 Scope of application, definitions
(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Provider and the Customer. Deviating conditions of the customer are not recognized, unless the supplier expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The conclusion of the contract via the ebay website is governed by §§ 10, 11 of the General Terms and Conditions of "eBay" for the use of the German-language eBay websites (available at http://pages.ebay.de/help/policies/user-agreement.html).
(2) The customer can correct his entries before placing his order with the technical means provided by eBay. The corrections can be entered via the keyboard and the mouse functions directly on the offer page in the corresponding input fields or after clicking the "Buy Now" or "Bid" button on the confirmation page.
(3) The seller's offer page is stored by eBay for up to 90 days and can be viewed by the customer under the respective item number on eBay. By means of the print function of the browser it is possible for the customer to print the website.
(4) If the order is placed in electronic form, the contract text (with the order data and the general terms and conditions) is stored by the seller and sent to the customer by e-mail after conclusion of the contract. The establishment of contact and processing of the purchase contract take place by e-mail and automated purchase processing. The customer ensures that the e-mail address provided by him for the purchase transaction is correct, so that the e-mails sent by the seller can be received under this address. In particular, the customer must ensure that all mails sent by the seller or its purchase processing service providers for purchase processing can be delivered.
(5) After receipt of the text of the contract, the customer must check it in order to immediately notify any discrepancies with the order. Otherwise, the content of the contract text shall be deemed to have been effectively agreed.
§ 3 Delivery
(1) Goods are regularly delivered by mail to the delivery address specified by the customer. The delivery address specified by the customer shall be decisive for the delivery.
(2) If a delivery to the customer is not possible, the commissioned transport company will return the goods to the seller, whereby the customer must bear the costs for the unsuccessful delivery. However, the costs of the unsuccessful delivery shall not be borne by the Customer if the Customer is not responsible for the unsuccessful delivery attempt.
(3) In principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer or to a person authorized to receive the goods upon handover. If the customer is an entrepreneur who is acting in the exercise of his commercial or independent professional activity, the risk of accidental loss and accidental deterioration in the case of a mail order purchase shall pass upon delivery of the goods at the seller's place of business to a suitable transport person.
(4) The Customer shall carefully inspect the shipment for transport damage upon acceptance. If any damage is detected, the customer is requested to claim the damage immediately to the transport company and to request the issuance of a written damage report. In the case of damage that is only noticed during unpacking or commissioning (e.g. damage to mechanical parts even if the packaging is undamaged), the customer shall call the provider and follow the instructions of the provider's employees. If the customer does not comply with this, however, this has no effect on his legal or contractual claims for defects.
(5)Delivery periods and dates result from the offer website. Unless otherwise agreed or otherwise stated on the article, the provider delivers within two weeks after receipt of the order.the supplier delivers within two weeks after receipt of the order.
(6) If the object of purchase cannot be shipped by parcels up to 31.5 KG, it must be picked up in our retail store
be picked up by the buyer. If the buyer wants an on-site delivery, this is an additional to the purchase concluded
service contract and cannot be refunded after the service has been rendered.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the supplier, understand themselves including the valid in each case legal value added tax as final prices.
(2) The corresponding delivery and shipping costs are indicated separately in the respective product presentation in the offer and are to be borne by the customer.
(3) Additional costs may be incurred in individual cases due to cross-border deliveries, such as further taxes and/or duties, for example in the form of customs duties.
§ 6 Payment modalities
(1) Unless otherwise agreed, payment in online trade shall be made in advance (bank transfer or PayPal).
The payment in our retail store is made in cash or by EC card at the conclusion of the transaction.
(2) The payment of the purchase price is due immediately after the conclusion of the contract.
(3) The customer is entitled to offset only if the counterclaim is undisputed, legally established or recognized by the seller.
(4) The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
§ 7 Warranty and material defect
(1)We grant a warranty of 6 months on all goods sold by us.
guarantee of 6 months on all goods sold by us.
the Buyer shall be entitled to the statutory rights.
(2) The warranty does not apply to transactions
from entrepreneur to entrepreneur.
(3) The guarantee expires in case of improper or commercial operation.
In case of damage to our attached seals.
Here of deviating applies as agreed:
(a) For entrepreneurs justifies an insignificant defect
basically no material defect. The supplier has in all other respects
the choice of the type of supplementary performance. For used goods
the rights and claims due to defects are generally excluded.
excluded. For new goods, the limitation period is
one year from the transfer of risk. The limitation period shall not begin again
if a replacement delivery is made within the framework of the
takes place. The statutory limitation periods for the right of recourse in accordance with
according to § 478 BGB (German Civil Code) remain unaffected; this also applies in the case of a
breach of duty or in the event of fraudulent concealment of a defect.
of a defect. For customers with merchant status
within the meaning of § 1 HGB, § 377 HGB shall apply. If the customer makes use of his obligation to
duty of notification regulated in this provision, the goods shall be considered
goods shall be deemed to have been approved.
(b) For consumers, the limitation period for claims based on defects shall be as follows
for used goods is one year from delivery of the goods to the customer.
The statutory limitation periods for the right of recourse according to
§ 478 BGB shall remain unaffected; this shall also apply in the event of an intentional
breach of duty or fraudulent concealment of a defect.
(2) The limitations of liability specified in § 7 para. 1 (a) and (b) shall not apply to
claims for damages and reimbursement of expenses which the Buyer may assert under the statutory
statutory provisions. Here the special provisions of § 8 shall apply.
(3) A guarantee exists for the goods delivered by the supplier only if
this was expressly given to the respective article.
(4) If the supplementary performance is carried out by means of a replacement delivery, the customer is
the first delivered goods within 30 days to the provider at his expense.
at his expense. The return of the defective goods
has to take place according to the legal regulations.
(5) The assignment of the customer's claims for defects is excluded.
(6) The majority of the used articles of the Provider are sealed.
A damage of this sealing can have to the consequence, the lack claims of the customer
of the customer will not be accepted by the provider.
(7) Warranty and guarantee claims are not transferable to third parties.
§ 8 Liability
(1) In the event of injury to life, limb, health or other damage,
which are due to an intentional or grossly negligent breach of duty of the provider,
his legal representatives or agents, as well as in the case of fraudulent intent and guarantee
guarantee promises, the provider is liable for any legal reason without limitation.
The same applies if the liability is based on mandatory statutory provisions such as the
product liability law
(2) In the event of a breach of cardinal obligations, compliance with which is of particular
(3) In the event of a negligent breach of an immaterial contractual obligation, the liability of the
liability of the supplier is limited to the value of the order.
§ 9 Right of withdrawal of the consumer
(1) If the customer is a consumer and has entered into a contract with the
exclusive use of means of distance communication, in particular by telephone,
e-mail or fax, or via the website of the provider, he is entitled,
his declaration of intent to conclude the contract without giving reasons within one month.
within one month. The period begins at the earliest on the day after receipt of the goods,
if at this time the consumer has already received this revocation instruction in text form and
in text form and not before the fulfillment of the information requirements pursuant to § 312c para. 2 BGB in conjunction with § 1 para.
in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Abs. 1 Satz 1
BGB in conjunction with § 3 BGB-InfoV.
Connection with § 3 BGB-InfoV
The revocation takes place by returning the goods to:
SoulMadeWood
Franke & Franke
Wilhelmshavener Str. 67
10551 Berlin
(C) 2010 - Alle Rechte vorbehalten