Terms and Conditions
Terms of contract within the scope of purchase contracts concluded via this online shop between
Holzkunst Hoffmann, Langobardenstrasse 53, 01239 Dresden, represented by Owner Andreas Hoffmann – hereinafter referred to as “provider” –
the customers designated in § 1 of the contract – hereinafter referred to as the “customer” -.
1. Scope of application, definitions
(1) For the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Provider 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 predominantly to his commercial or self-employed 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.
(3) Contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language page of the online shop. If the customer places the order via our German-language website, only the German version of these general terms and conditions shall apply accordingly. If the order is placed via our English-language website, only the English version of these general terms and conditions shall apply.
2. Conclusion of contract
(1) The customer can select products from the provider’s assortment, in particular wooden crafts from various manufacturers, and collect them in a so-called shopping cart via the button “add to shopping cart”. Our offers in the online shop are non-binding.
If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After you have selected the items in the shopping basket and entered all the necessary order and order data in the next step, confirming the “Continue” button will open a page in which the main item details, including any costs incurred, are summarised once again. Up to this point you can correct your entries or withdraw from the contract. Only by clicking on the button “order with obligation to pay” do you submit a binding application to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the Provider has received the Customer’s order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The customer should therefore please regularly check the SPAM folder of his e-mail inbox.
(3) Any customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special revocation and return instructions provided to him/her on our website as part of the order.
3. Correction notes
As part of the ordering process, you first place the desired goods in the shopping basket. There you can change the desired number of items at any time or remove selected goods completely. If you have placed goods in the shopping basket, clicking on the “Next” button will take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding payment method, data or the desired number of items) by clicking on “Edit” at the respective Fed. If you wish to cancel the ordering process completely, you can simply close your browser window. If you wish to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking the confirmation button “Order with obligation to pay”, your declaration becomes binding within the meaning of § 2 (2) of these terms and conditions.
4. Storage of the contract text
The contractual provisions with details of the ordered goods including these general terms and conditions and the cancellation policy will be sent to you by e-mail with the acceptance of the contractual offer or with the order confirmation. We do not store the contractual provisions.
5. Collection, storage and processing of your personal data
(1) You can order goods in our online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal data each time, but you can simply log in to your customer account before or during an order with your e-mail address and the password you freely chose when registering.
(2) For the execution and processing of an order we need the following data from you:
– First & last name
– E-mail address
– Postal address
(3) If you would like to create a customer account, we require the data mentioned in paragraph 2 as well as a password freely chosen by you.
(4) We use the data you provide without your separate consent exclusively for the fulfilment and processing of your order(s), for example for the delivery of goods to the address you have provided. In the case of payment by bank transfer, we also use your bank details to process the payment. Any further use of your personal data for the purposes of advertising, market research or the design of our offers to meet your needs requires your express consent. You have the option of giving this consent before declaring your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.
(5) The data you provide will remain stored in your customer account until you delete it yourself. In addition, or in the event that you only order as a guest without creating a customer account, we will only store your data within the scope of our tax and commercial law obligations. And commercial law obligations.
(6) As far as your personal details change, you are responsible yourself. All changes can be made online after logging in under “My account”.
6. Delivery, availability of goods, partial delivery
(1) All periods for the dispatch of the goods stated or otherwise agreed by the supplier when the order is placed shall begin, if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT & shipping costs). The date of handover of the goods by us to the shipping company is decisive for compliance with the shipping date.
(2) Deadlines stated by the supplier for the dispatch of the goods are always only approximate and may therefore be exceeded by up to five working days. This does not apply if a fixed dispatch date has been agreed. If no deadline or date for dispatch is specified or otherwise agreed, dispatch within (five) working days shall be deemed to have been agreed.
(3) If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(5) The supplier is entitled to sell the goods at any time (even if they are marked as “in stock” on the order form) if the delivery is made against advance payment and the payment is not received by us within a period of (five) working days after our acceptance of the offer.
(6) In the event that our supplier does not deliver goods to the supplier on time which are indicated on the order form as “not in stock” or which have been sold off in accordance with paragraph 5, the relevant delivery period until delivery by our supplier shall be extended by a period of three working days, however, by a maximum period of three weeks in total, provided in each case,
– the delay in delivery by the supplier is not the responsibility of the supplier and
– the supplier has reordered the goods prior to the conclusion of the purchase contract (or, in the case of paragraph 5, the time of the sale) in such a timely manner that under normal circumstances a timely delivery could be expected.
If the goods are not available through no fault of the supplier or are not available in time despite timely reordering, the supplier is entitled to withdraw from the purchase contract. The supplier shall immediately notify the customer of the non-availability of the goods and, in the event of withdrawal, immediately refund any payments made to us.
(7) If the customer has purchased several separately usable products in one order, the supplier can also send these in several separate deliveries, whereby the supplier bears the additional shipping costs caused by this. The customer’s statutory rights with regard to timely and proper delivery shall not be limited thereby.
(8) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, EU countries with the following exceptions: Denmark (except Faroe Islands, Greenland), Finland (except Åland Islands), France (except overseas territories and departments), Greece (except Mount Athos), United Kingdom (except Channel Islands), Italy (except Livigno and Campione d’Italia), Spain (except Canary Islands, Ceuta + Melilla), Cyprus/Republic (except northern part), Rest of Europe: Andorra, Albania, Armenia, Azerbaijan, Bosnia-Herzegovina, Faroe Islands (DK), Georgia, Gibraltar (GB), Greenland (DK), Iceland, Kazakhstan , Croatia, Liechtenstein, Macedonia, Moldova (Republic), Norway, Russian Federation, San Marino, Switzerland, Turkey, Ukraine, Vatican City, Belarus, Rest of World.
7. Reservation of ownership
(1) We retain title to the goods delivered to us until the purchase price (including VAT and shipping costs) for the goods in question has been paid in full.
(2) The customer is not entitled to dispose of the ownership of the goods delivered by us and still subject to retention of title (“goods subject to retention of title”) without the prior written consent of the supplier. The disposal of the customer’s legal position with regard to the goods subject to retention of title (so-called expectant rights) remains permissible as long as the third party has been made aware of the supplier’s right of ownership.
(3) In the event of default in payment, we shall be entitled to demand the return of the reserved goods if we withdraw from the contract.
8. Prices and delivery charges
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
(2) Unless expressly agreed otherwise, we only deliver against advance payment (in the manner specified in the online shop on the order form) or cash on delivery, in each case on account. At the request of the customer, to be indicated on the order form, we will also deliver the goods against cash payment at our business premises in (place, address).
(3) We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.
(4) The goods shall be dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
(5) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
(6) The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been finally determined by a court of law.
9. Payment terms
(1) The customer can make payment in advance (bank transfer) or via PayPal. Our bank details are: Holzkunst Hoffmann, Owner Andreas Hoffmann, IBAN: DE65 8505 0000 0590 9302 00, BIC: DRESDEFF850, Bank: Commerzbank
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the supplier.
10. Mode and duration of dispatch, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
(2) The supplier only owes a timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by the supplier (period between handover to the transport company and delivery to the customer) is therefore non-binding.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, insofar as we only owe the shipment, the risk shall pass to the customer upon delivery of the goods to the transport company.
(4) The goods shall be insured against the usual transport risks at the expense of the supplier.
11. Warranty for the purchase of goods
(1) Insofar as the goods purchased and delivered in our online shop are defective, the customer is entitled, within the framework of the statutory provisions, to first demand the rectification of the defect or the delivery of defect-free goods.
(2) If the subsequent fulfilment according to paragraph 1 fails or is unreasonable for the customer or if we refuse the subsequent fulfilment, the customer is entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand compensation for damages or reimbursement of his futile expenses. The special provisions of § 12 of these General Terms and Conditions shall apply to the customer’s claims for damages.
(3) The limitation period for warranty claims for the delivered goods is two years from delivery. Claims for defects which we have fraudulently concealed shall become time-barred within the regular limitation period.
(4) In addition, the customer shall also be entitled to rights due to defects within the scope of a quality and/or durability guarantee, insofar as we have expressly issued such a guarantee with regard to the sold item in the individual case.
(1) The provider is liable for intent and gross negligence. Furthermore, the provider is liable for the negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which you as the customer may regularly rely. In the latter case, however, the provider shall only be liable for the foreseeable damage typical for the contract. The provider is not liable (regardless of the legal grounds) for damages that are not typically to be expected in the normal use of the goods. Furthermore, the provider is not liable for the slight negligent breach of obligations other than those mentioned in the preceding sentences.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, the provider is not liable for the constant and uninterrupted availability of our online trading system.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) Our liability for any delay in delivery is – except in the case of intent and gross negligence – limited to an amount of 5% of the respective purchase price (including VAT).
(5) The limitations of this § 12 do not apply to our liability for guaranteed characteristics within the meaning of § 444 of the German Civil Code (BGB), for injury to life, limb or health or under the German Product Liability Act (Produkthaftungsgesetz).
13. Right of withdrawal
As a consumer, the customer is entitled to a right of revocation in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither to his or her commercial nor to his or her independent professional activity.
14. Data protection
15. Final provisions
(1) The terms and conditions set out herein are complete and final. Amendments and supplements to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the respective agreed content of the contract.
(2) If the customer had his domicile or usual place of residence in Germany at the time of conclusion of the contract and has either moved out of Germany at the time the provider brings an action or if the domicile or place of residence of the customer is unknown at this time, the place of jurisdiction for all disputes is the provider’s registered office in Dresden.
(3) The Provider draws the Customer’s attention to the fact that, in addition to the ordinary legal process, the Customer also has the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details of this can be found in Regulation (EU) No. 524/2013 and at the Internet address https://ec.europa.eu/consumers/odr.
The provider’s e-mail address is: firstname.lastname@example.org
The provider points out in accordance with § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) The purchase contract existing between the supplier and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. However, if the customer is a consumer and has his habitual residence in another country, he shall retain protection under the relevant provisions of the country of residence, which may not be deviated from by the agreement.
(5) Should individual provisions of this contract be invalid, this shall not affect the rest of the contract.