www.banater-eisen.de, www.banater-eisen.com, FB: Banater Eisen, Ebay: Banater-Eisen, Pinterest: Banater Eisen, Instagram:banater.eisen and Etsy: BanaterEisen are services of the individual company Banater Eisen, owner
Mr. Nicolae-Gheorghe Karabencsov, Fröhstockheimer Str. 35, 97318, Kitzingen, Germany.
1) Scope of application
These terms and conditions (hereinafter referred to as the “General Terms and Conditions”) of Banater Eisen (hereinafter referred to as “Seller”) shall apply to all contracts made by a consumer or entrepreneur (hereinafter “Customer”) www.banater-eisen.de , www.banater-eisen.com , FB: Banater Eisen, or Ebay: Banater-Eisen, Pinterest: Banater Eisen, Instagram:banater.eisen and Etsy: BanaterEisen presented goods and / or services concluded. This prohibits the inclusion of the customer’s own conditions, unless otherwise agreed in writing.
Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is any natural or legal person or a legal person whose legal capacity is in the exercise of their independent professional or commercial activity.
The customer declares with his order that he has reached the age of 18.
2) Conclusion of contract
The product descriptions contained on the seller’s web pages, E-bay, Facebook, Instagram, Pinterest or Etsy do not constitute binding offers in the seller’s case, but serve merely to inform a potential buyer of the seller’s current furniture and interior decarations sale range.
An online purchase contract is not concluded between the seller and the buyer (except E-bay and Etsy where the purchase is settled by the e-bay portal and www.banater-eisen.com on-line shop).
A buyer who is a buyer submits either by telephone or by e-mail to the e-mail address of the seller indicated on the homepage a non-binding inquiry concerning the goods which he would like to purchase. In the following, the seller agrees after the receipt of the request with the buyer a customer discussion, which takes place in the (or outside) business premises of the seller to the conclusion of a purchase contract. Alternatively, the purchaser receives a “binding order” from the seller by mail or e-mail, which contains the goods description and the purchase price.
With the performance of the customer signature and the subsequent sending of the “binding order” to the seller, the customer makes a legally binding offer against the seller, which in turn still requires acceptance by the seller. The seller is responsible for the shipping costs. The seller can accept a customer’s offer within 5 working days.
By submitting a written order confirmation to the customer, in which case the receipt of the order confirmation by the customer is decisive; or by requesting the customer for payment after submitting his order. If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be considered a rejection of the offer with the result that the customer is no longer bound to his consent.
The deadline for accepting the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth working day following the submission of the offer. The contractual negotiations as well as the purchase contract conclusion are exclusively in German or English language.
The customer must ensure that the e-mail address and the postal address of the customer are correct, so that the letters or e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the order processing department can be sent.
3)Changes of reservation
Manufactured furniture/interior decorations articles are sold according to pattern or figure.
There is no entitlement to delivery of the exhibits, unless a different agreement has been made at the conclusion of the contract.
The quality of the goods ordered can only be applied to an amount which can be reasonably or commercially customary for goods in the price of the ordered goods. Commercial and reasonable color and grain variations for wood surfaces which are reasonable for the buyer are reserved.
Likewise, commercial variations and deviations for leather and textiles (e.g. furniture and decorating materials) that are reasonable for the buyer are reserved with regard to slight deviations in the version compared to leather and fabric patterns, in particular in the shade.
We reserve the right to make any deviations from the measurement data which are reasonable for the buyer.
4) Right of revocation
If the customer is a consumer, the right of revocation is as follows:
Right of revocation
Right of withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons. The right of revocation exist not only if the purchase contract between seller and buyer has been concluded in the seller’s premises.
The right of revocation does not exist in accordance with § 312 g of the German Civil Code (BGB) as well, for goods which are custom-made according to the customer’s individual needs or tastes, or because of their nature are not suitable for return, like all cutom made products, and for example custom made goods, special designs and finishes, etc.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. In the case of a contract relating to several goods which the consumer has ordered under a single order and which are delivered separately, the period begins to run on the day on which you or a third party you designate, which is not the carrier, received the last goods. In the case of a contract for the delivery of a product in several partitions or pieces, the period of revocation starts from the day on which you or a third party you have named, which is not the carrier, has taken possession of the last part or the last item.
In order to exercise your right of revocation, you must inform the seller of your decision to revoke this agreement by means of a clear statement (for example, a letter, fax, e-mail, SMS or a saved pdf file). The revocation must be sent to:
Owner Mr. Nicolae-Gheorghe Karabencsov
Fröhstockheimer Str. 35
97318, Kitzingen, Germany
Tel .: 0049/93212601461
You can use the enclosed sample revocation form, but this is not required.
Sample Revocation Form
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for communication on paper)
Date (*) Delete as appropriate.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the goods have been received by us from your revocation. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. You have to return the goods to Banater Eisen, street / house number Fröhstockheimer Str. 35, post code / town 97318 Kitzingen, Germany, immediately and in any case at the latest within fourteen days from the date on which you inform us of the revocation of this contract or to hand them over. The deadline is respected when you send the goods before the end of the deadline of 14 days. The buyer bears the costs of returning the goods. They shall only be liable for any loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
5) Prices and terms of payment
Unless otherwise stated in the seller’s quotation, the prices quoted are final prices, which include the statutory value-added tax (where applicable). If applicable additional shipping and shipping costs are indicated separately in the respective product description.
In the case of deliveries to countries outside the European Union, additional costs may arise in the individual case which are not the responsibility of the seller and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import taxes (e.g. duties).
Upon completion of the purchase contract, the buyer will be sent an invoice. The buyer is obligated to transfer 50% of the gross settlement amount to the account of the seller specified in the invoice within 14 days. If this does not happen, the buyer is in delay of payment. In this case, the vendor is entitled to withdraw from the purchase contract after a one-time unsuccessful warning. The remaining purchase price has to be carried out by the buyer before the time of the delivery of the goods, either in cash or by transfer of a bank-confirmed check at the delivery of the goods, or by transfer to the account of the seller specified in the invoice. In this case, the transfer amount must be entered into the Seller’s account on the day of delivery of the goods.
If the purchaser is a regular customer, the parties may, in individual cases, deviate individually from this, that the buyer has to pay the entire purchase price after delivery within 14 days by transfer or in individually negotiable purchase price rates. The buyer is a regular customer if he has already signed a purchase agreement with the buyer at least three times, and he has not fallen into arrears with his payment obligation at any time.
The Purchaser can only set off counterclaims if the Buyer’s counterclaim is undisputed or a legally binding title exists. A right of retention can only be asserted by the buyer insofar as the underlying claim is based on claims from the same purchase contract.
If the buyer is an entrepreneur, he can only rely on a right of retention if the counter claim on which the right to refuse performance is based is undisputed or the counterclaim is pending and decisionmaking.
6) Delivery and shipping conditions
The delivery of goods takes place by the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing of the seller is decisive.
If the transport company sends the goods back to the seller, since delivery was not possible at the customer, the customer bears the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance which led to the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, unless the seller announced the service a reasonable time in advance would have. The buyer is obliged to accept the delivery item upon delivery. If the buyer is in delay with the acceptance, then the seller is entitled to rescind the contract or to claim compensation due to non-fulfillment after setting a deadline of 14 days. The setting of a grace period is dispensable if the buyer seriously and finally refuses acceptance.
The delivery time is 60 to 120 days from the date of the purchase contract conclusion. The buyer shall be notified in good time before the day of delivery of the date and time of delivery, at least 5 working days in advance. Delivery dates and delivery times, which are agreed individually or nonbinding, must be stated in writing. Delivery periods begin with conclusion of contract and 1st payment receipt. The delivery time, which can not be represented by the vendor in the business of the seller or his sub-suppliers, in particular work stoppages and legal lockouts as well as cases of force majeure, which are based on an unforeseeable and indefinite event, extend the delivery time accordingly. The purchaser is only entitled to rescind the contract if, in such cases, he has notified the delivery in writing after expiry of the agreed delivery period and then fails to do so within a reasonable period of time to be set upon receipt by the seller of the buyer’s reminder. In the case of a calendar-specific delivery period, the grace period to be set begins at the end of the period. The seller is entitled to partial deliveries within the agreed delivery period, as long as disadvantages for the use at the buyer do not arise.
7) Cancellation and withdrawal of goods
The vendor shall be released from the obligation to deliver the goods if the manufacturer has definitively discontinued the production of the ordered goods if the final non – delivery of the seller is based on force majeure and the seller can procure the ordered goods not for them reasonable conditions in the aforementioned cases; These circumstances have not occurred until the contract has been concluded and the buyer is not responsible for the non-delivery. The Seller shall promptly notify the Purchaser of any such circumstances and shall immediately reimburse any counterperformance by the Purchaser, in particular advance payments made. The seller is entitled to rescind the contract if the buyer has made incorrect information about his creditworthiness, unless the buyer immediately makes prepayments over the entire purchase price. The seller is also entitled to rescind the contract if, after conclusion of the purchase contract, he becomes aware that his claim to the purchase price payment is jeopardized by the buyer’s lack of performance, e.g. Performance of an asset or the commencement of insolvency proceedings and he has unsuccessfully requested the purchaser to pay the purchase price or to provide security within a reasonable period of time against the services to be provided by the buyer. With the exception of partial payment transactions, the Seller shall, in the event of a legitimate withdrawal from the contract and the withdrawal of delivered goods, be entitled to expenses, transfer of use and impairment according to the following conditions:
7.1 For expenses incurred as a result of the contract, such as transportation and assembly costs, etc., replacement of the incurred costs
7.2 The following flat rates apply to the reduction in value and use of the delivered goods:
For furniture with the exception of upholstery goods for rescission and return after delivery
Within the first half of the year 35% of the purchase price
Within the second half of the year 45% of the purchase price
Within the third half of the year 60% of the purchase price
After the end of the third half-year at least 80%, but not more than 100% of the purchase price
For upholstery goods upon withdrawal and return after delivery
Within the first half of the year 45% of the purchase price
Within the second half of the year 60% of the purchase price
Within the third half of the year 70% of the purchase price
After the end of the third half-year at least 80%, but not more than 100% of the purchase price
Compared to the flat-rate claims of the seller, the buyer remains open to the proof that the seller has incurred no or only a substantially lower loss.
The digits 7.1. And 7.2. shall not apply to the reverse processing of the contract as a result of effective withdrawal after unsuccessful supplementary performance as well as for the cases of the revocation and the associated unrestricted right of return of the buyer in the case of consumer contracts pursuant to §§ 355 ff. BGB.
8) Property reservation
All delivered goods from the purchase contract remain property of the seller up to the compensation of the claims due by the seller on the basis of the purchase contract. As long as the retention of title exists, the purchaser is not allowed to dispose of the object of purchase, nor give any third-party use. The buyer shall immediately inform the seller in writing of any change of location or any intervention by third parties, in particular seizures, in the case of attachments with the addition of the attachment protocol.
In the case of breach of contract, in particular default of payment, the seller is entitled to withdraw from the purchase contract. The buyer is then obliged to return the goods immediately to the seller at his expense.
If the buyer is an entrepreneur within the meaning of § 14 BGB, all goods delivered remain the property of the seller until all claims arising from the business relationship have been fulfilled, irrespective of the legal basis. At the Purchaser’s request, the Seller shall be obliged to waive the retention of title if the Purchaser has fulfilled all claims connected with the object of purchase incontestably and an adequate security exists for the remaining claims arising from the current business relations.
9) Transfer of risk
The risk of accidental loss and accidental deterioration shall pass to the buyer upon delivery of the sold goods. The surrender shall be deemed equal if the buyer is in default with the acceptance of the goods.
Inconsiderable color and dimensional deviations in the case of metal, wood and plastic surfaces which are reasonable for the buyer are permissible and do not represent a defect.
In the event of a defect, claims for the sale of new goods expire two years from the delivery of the purchased item to the buyer, and the sale of used goods within one year from delivery.
Warranty claims of the buyer are initially limited to a claim for improvement, either in the form of repair or replacement delivery. If the seller can not remedy the defect, the buyer may demand a reduction of the remuneration (reduction) or a cancellation of the purchase contract (conversion). If the buyer is an entrepreneur in the sense of § 14 BGB, the warranty claims under c) are only valid if he has immediately checked the purchase item at the time of acceptance and immediately notified the defect in writing against the seller.
The vendor will be personally present at the delivery of the furniture ordered by the freight forwarder (if possible), and inspect the furniture itself in the presence of the buyer and examine for any defect. On the spot, the seller and the buyer create a deficiency report, in which the actual quality of the goods is determined – free of defects or defective. The buyer receives a duplicate of this. The protocol is the basis for warranty claims If the purchaser determines deviating or later additional deficiencies, he has to make claims for warranty claims against the seller. In the event that the seller is not present during the event, the buyer is obligated to fill the deficiency report and to document it (with pictures), and to notify the seller of the goods within 5 working days from the date of purchase.
The warranty does not cover damage caused by the buyer, such as damage caused by natural wear and tear, excessive heating of the rooms, intensive exposure to sunlight or artificial light, other temperature or weather influences or improper treatment which resulted from disrespecting the manufacturer’s care instructions.
If, due to the statutory provisions, the seller has to pay for damage to the legal goods of the buyer caused by gros negligence, he shall be liable. Liability exists only in the event of violation of contractual obligations (so-called cardinal obligations) and is limited to the typical damage foreseeable at the time the contract is concluded. This limitation does not apply to injury to life, body and health. Insofar as the damage is covered by an insurance policy (apart from sum insurance) taken out by the purchaser for the relevant damage event, the seller is only liable for the possible disadvantages of the purchaser, including the drawback, higher insurance premiums, or interest disadvantages up to damage regulation by the insurance company.
Irrespective of a fault on the part of the seller, the Seller is not liable for any liability of the seller in case of malicious concealment of a defect or product liability law.
The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by gros negligence is excluded.
12) Prohibition of assignment / seizure
The customer’s rights arising from transactions concluded with the seller are not assignable. The buyer is obligated, as long as the purchase price has not yet been paid in full, pledge creditors to the conditional ownership of the seller. In addition, he is obliged to notify the seller immediately of any seizure of the object of purchase by third parties or other claims which third parties raise with regard to the object of purchase. If he fails to do so, he is liable to pay compensation against the seller.
13) Fulfillment requirement / Place of fulfillment / Applicable law
The parties agree to the written form requirement. Verbal ancillary agreements are not taken. In the event of a subsequent modification or addition to the purchase agreement, these must also be made in writing. This also applies to the written form clause itself.
The place of fulfillment is for all exchange obligations from the purchase contract Kitzingen, Germany. The parties agree, as far as legally permissible, the place of fulfillment as the place of jurisdiction. For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal person of public law or a public-law special fund domiciled in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer’s place of business.
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