General Terms and Conditions of Ehrmann Wohn- und Einrichtungs GmbH, based in Landau in der Pfalz, for online orders

The following General Terms and Conditions apply to all contracts concluded via our online shop. They apply equally to consumers and entrepreneurs.

A consumer within the meaning of our General Terms and Conditions is any natural person who is acting for purposes that are predominantly outside their trade, business or profession.

An entrepreneur within the meaning of our GTC is any natural or legal person or partnership with legal capacity that acts in the exercise of a commercial or independent professional activity. Entrepreneurs within the meaning of our GTC also include legal entities under public law and special funds under public law.

(1) The product offers presented in our online shop are subject to change and do not constitute offers in the legal sense. By clicking on the "Add to basket" button, the customer can place the respective goods in the virtual basket. This process is non-binding and does not constitute a contractual offer. Before placing an order, the contents of the order, including the customer’s details, are summarised on an overview page. The customer can correct all order details there using the edit fields provided. By clicking on the "Order with obligation to pay" button or - if offered - by clicking on 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 placing the order, the customer receives an automatically generated email from us confirming receipt of the order and providing details of the order (order confirmation). This order confirmation does not constitute acceptance of the contract. A contract is only concluded upon sending an order confirmation or by handing over the goods within one week of receiving an order. Furthermore, we shall provide the customer with the contractual provisions, including these General Terms and Conditions and the cancellation policy, including the cancellation form, in writing at the latest upon delivery of the goods.

(2) The customer warrants 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. We must be informed immediately of any changes.

(3) The contract language is exclusively German.

(4) We only deliver our goods to customers within the Federal Republic of Germany and Luxembourg.

(1) The prices stated on our website are total prices and include statutory VAT.

(2) Shipping is at the customer's expense. The shipping costs are displayed to the customer on the checkout overview page before the order is placed and must be confirmed.

(1) If, after conclusion of the contract, we become aware that payment of the purchase price is at risk due to the customer’s inability to pay, we shall be 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 shall have the right to avert these consequences by providing security.

(2) If the customer is in default of payment, we shall be entitled to charge default interest at a rate of 5 percentage points above the base rate (§ 247 BGB) per annum. We reserve the right to prove higher damages.

(3) In the event of default of payment or other manifest credit unworthiness, all further claims against the customer shall become due immediately.

(4) The customer shall only be entitled to set off claims that are undisputed by us or have been legally established against us or are ready for judgement in legal proceedings without the need for further evidence.

(1) In the event of the unavailability of the ordered goods for which we are not responsible as a result of late or incorrect delivery (including the delivery of short quantities) by our (upstream) supplier, despite a delivery contract concluded by us with the (upstream) supplier for the ordered goods, we reserve the right not to deliver. In such a case, we undertake to notify you promptly of the unavailability of the ordered goods and to refund any consideration (payments) already received from you without delay.

(2) Delivery shall be made within the delivery period specified for the respective product.

(1) The delivered goods shall remain our property until they have been paid for in full.

(2) The customer must notify us immediately upon becoming aware of any access by third parties to the goods subject to retention of title. The customer shall be liable for all costs incurred in connection with the cancellation of such seizures, in particular by filing a third-party claim, insofar as reimbursement of the costs cannot be obtained from the third party concerned.

(1) In the event of a material defect in the purchased item, the statutory provisions shall apply in principle. This means that the customer may first and foremost demand subsequent performance, i.e. at his discretion, subsequent delivery or rectification of the defect. If the other legal requirements are met, the customer is entitled to reduce the purchase price, withdraw from the contract, or demand compensation or reimbursement of expenses.

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

(2) All claims for defects shall become time-barred two years after delivery. However, if a defect has become apparent within the limitation period, the limitation period shall not expire before four months have elapsed from the date on which the defect first became apparent.

(3) In the event of subsequent rectification or replacement delivery, we are obliged to bear all costs necessary for the purpose of subsequent performance in accordance with Section 439(2) of the German Civil Code (BGB).

The following paragraphs 4 to 6 apply exclusively to customers who are business customers:

(4) For commercial purchases with merchants within the meaning of the German Commercial Code (HGB), Section 377 HGB applies, meaning that claims for defects by the customer in this case only exist if the customer has properly fulfilled their obligations to inspect and give notice of defects in accordance with Section 377 HGB.

(5) All claims for defects shall become time-barred 12 months after delivery.

(6) In the event of subsequent rectification or replacement delivery, we are obliged to bear all expenses necessary for the purpose of subsequent performance in accordance with Section 439(2) of the German Civil Code (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.

The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory requirements for claims.

(1) We shall be liable in the event of wilful misconduct or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for compensation for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.

(2) To the extent that we are liable for simple negligence in accordance with paragraph 1, our liability shall be limited to the damage that we could typically expect to occur according to the circumstances known at the time the contract was concluded.

(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damages to life, body or health, nor for mandatory statutory claims.

(4) The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whose services we use to fulfil the contract.

We collect and process the customer’s data required for business transactions. When processing the customer’s personal data, we comply with the statutory provisions. Further details can be found in the data protection provisions available on our website under ‘Data Protection’.

These General Terms and Conditions and the entire legal relationship between us and our contractual partners shall be governed by the law of the Federal Republic of Germany to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as mandatory statutory consumer protection regulations in the customer’s country of residence contain provisions more favourable to the customer, these provisions shall apply irrespective of the choice of German law.

The European Commission offers the possibility of online dispute resolution via 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 a dispute resolution procedure and are unfortunately unable to offer participation in such a procedure.

Our address for complaints and other declarations of intent as well as our address for legal proceedings is: Ehrmann Wohn- und Einrichtungs GmbH, Lotschstraße 9, 76829 Landau in der Pfalz, Germany.

If you have any questions, you can also reach us by telephone on +49 - (0)6341-977-0 or via our contact form below.

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 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, phone: +49 - (0)6341-977-0, e-mail: bestellung@moebelehrmann.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the expiry of the 14-day period. If you return goods that can be sent by parcel post and goods that cannot be sent by parcel post, you shall bear part of the direct costs for the return shipment. This will be deducted from the refund amount. The costs are EUR 2.95 for goods that can be sent by parcel post and EUR 79 for goods that cannot be sent by parcel post. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.