Terms and Conditions and Customer Information
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Volleffekt GmbH, Peutestraße 53A , 20539 Hamburg, Germany) via the website www.loftmarkt.de, unless an amendment is agreed in writing between the parties , Deviating or conflicting terms and conditions are only effective with our express consent.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The details, in particular the essential features of the goods can be found in the article description and the additional information on our website.
(2) Our offers on the Internet are not binding and no binding offer to conclude a contract.
(3) You can submit a binding purchase order (order) by telephone, by e-mail, by fax, in writing or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are stored in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be shown on the order summary page.
Insofar as you use the instant payment system "PayPal - Express" by clicking on the button marked accordingly in the shop system, you will be redirected to the login page of PayPal. After successful registration, you will see your address and bank account details deposited with PayPal. With the "continue" button you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.When sending the order via the corresponding button you submit a binding offer us off.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place within 7 working days by confirmation in writing (eg e-mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation) or by sending the goods ,
(5) On request, we will send you an individual offer, which will be sent to you in text form. Our offers are subject to change without notice in written form. You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers represent gross prices. They include the statutory value added tax of 19%.
(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the free shipping delivery is promised. Further details can be found under a corresponding button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if explicitly stated in the respective offer or in the invoice.
Payment by invoice and financing
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the purchase of an invoice and installment purchase as a payment option. Please note that purchase on account and installment purchase are only available to consumers and that payment must be made to Klarna. The use of these payment methods still requires a positive credit check.
The payment period is 14 days from dispatch of the goods / the ticket / or, in the case of other services, the provision of the service. The online shop charges Klarna a fee of [0,00] Euro per order.
With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (or at least € 6.95) or under the conditions otherwise specified in the cash register. Payment in installments is due at the end of the month following the submission of a monthly bill by Klarna.
§ 4 Terms of Delivery
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. With the payment method advance payment by bank transfer the dispatch / production of the commodity takes place only after entrance of the complete purchase price and the forwarding expenses with us.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate cover transaction for reasons beyond our control, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be reimbursed immediately.
(3) The shipment is at your own risk. If you wish, the shipment will be made with a corresponding transport insurance, whereby the resulting costs are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced independently by us, as long as you are not burdened with additional costs for shipping. For orders that consist of several goods, LoftMarkt.de reserves the right to deliver each product separately, unless the parties specify otherwise. For orders that are to be delivered in a shipment, the period depends on when LoftMarkt.de has completed the last part of the order.
(5) We reserve the liability for delays in the realization of orders. LoftMarkt.de is not liable to users for late deliveries by courier companies. Our products are handmade and therefore the delivery of orders may vary depending on the capacity. No product is equal to 1 to 1, all products have their own characteristics (Rustic products may have bumps or color differences) this is part of our manufactory's still and is not considered a defect. It is also not "B-Ware" the products should be unique and are deliberately so made accordingly. Slight color differences can not be the basis for a complaint of the purchased goods by the customer. All colors in the online shop, especially metal, wood or fabrics. they are only indicative. Please also note that the digital display of the color scheme is device-dependent.
§ 5 Warranty
(1) The warranty period is one year from the delivery of the goods. The one-year warranty period does not apply to culpably caused damages caused by injury to life, limb or health and grossly negligent or intentionally caused damage or malice, as well as to recourse claims in accordance with §§ 478, 479 BGB.
(2) The quality of the goods is only our own information and the product description of the manufacturer as agreed, but not other advertising, public suggestions and expressions of the manufacturer.
(3) At the time of receipt of the goods, the customer is obliged to inspect the parcel in the presence of the courier and complaints of the user regarding mechanical damage and transport defects as well as deficiencies in the order will be taken into consideration only after a damage report has been signed by the consignee and the parcel supplier. Complaints from transport damages without written protocol are not considered. You are obliged to inspect the goods promptly and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in writing, to meet the deadline, the timely dispatch is sufficient. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
(4) In case of defects, we shall provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
§ 6 Voluntary right of return
(1) On www.loftmarkt.de you also have as a business customer a 14-day right of return from receipt of goods. If you do not like an article, please contact us in advance of the return. It is best to use the contact form or send us an e-mail to email@example.com
(2) We can only carry out a return if the product has been ordered via the online shopping cart system and is without signs of use and in original packaging. The risk and costs of the return transport are at your expense. Excluded from the right of return are special purchases, order-related products, custom-made products, individually made products (for example wooden sliding doors), coated products and special price products (eg promotions, quantity discount, B-goods).
(3) You can not withdraw from the contract because you want to buy the goods again at a reduced price in the meantime. Basically, the rule "contract is contract". One has the right to rescind only if the goods are defective, if the seller has repaired twice in vain.
(4) A non-acceptance of the goods by the consumer does not constitute a revocation of the purchase contract in accordance with the provisions on consumer right of distance selling (§ 312g para. 1 BGB).
(5) In the event of non-acceptance of the consignment, the consumer shall be responsible for all related costs and damages (shipping costs, return costs, possible interim storage and reshipment).
(6) The user returns the goods to the store at his own cost. LoftMarkt.de refunds the purchase price to the consumer by bank transfer at the latest within fourteen days to the account specified by the user. LoftMarkt.de reserves the right to withhold the refund of the payment until the receipt of the item or until the proof of the return, whichever comes first. Direct costs for the return of the goods are borne by the user.
§ 7 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve the ownership of the goods until complete settlement of all claims from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
(4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 8 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assuming the guarantee for the nature of the object of purchase and in all other statutory cases.
(2) The liability for defects within the framework of the legal warranty is governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations which the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
(6) If the merchant has charged the consumer for the shipping costs when ordering the goods, the payment of the corresponding shipping costs has been contractually agreed between the two parties, so that the merchant has a contractual claim against the consumer for their payment, if the dispatch takes place is.
If the merchant has offered the consignment to the consumer free of charge (often when a certain order value is exceeded), ie in the expectation that this will pay off in the end by the consumer paying the purchase price, he is subject to the preconditions of § 284 BGB in any case a claim for damages covering the incurred (shipping) costs. For this purpose, the consumer must have intentionally or at least negligently caused the non-acceptance, whereby the consumer must prove that there is no fault on his part (§ 280 Abs. 1 S. 2 BGB).
In addition, the consumer is by default of the goods during first shipment usually in accordance with § § 293 ff. BGB in default of acceptance, so that he owes the dealer according to § 304 BGB the replacement of additional expenses that this for the unsuccessful offer and for safekeeping and Maintenance of the property owed. These include, among other things, the delivery costs for the first shipment and possibly the storage costs for the storage of the returned goods, which arise until it comes to the second shipment or possibly to the dissolution of the purchase contract.
(7) By not accepting the goods on first shipment, the consumer is regularly in default of acceptance, so that he owes the dealer by law under § 304 BGB the replacement of the additional expenses, which he makes for the unsuccessful offer and the safekeeping and preservation of the owed property had to. Then the dealer is entitled to the consumer against a claim for compensation for the first-time shipping costs incurred and, if applicable, for the storage costs incurred.
For this reason, the dealer has a right of retention under § 273 Abs. 1 BGB, so that he must make the second shipment only train to train with simultaneous fulfillment of the above claims by the consumer. However, the claim from § 304 BGB refers solely to those shipping costs incurred for the unsuccessful first consignment. However, as a rule, an additional claim for damages or compensation for further, now additionally incurred, costs for the second understanding, for which the right of retention under § 273 BGB also applies, is likely to exist.
(8) Legal situation in the event of damage in transit - It always causes transport damage in the case of delivery by UPS, GLS, TNT and other forwarding agents. In the case of transport companies, the forwarding company has a deadline of 6 working days. Within this period, the damage of the goods must be displayed. In case of obvious damages of the packing a refusal of acceptance is advisable. It is also possible to carry out a partial acceptance refusal in the case of a delivery of several packages, so that it is not necessary to dispense with the complete delivery of goods. In the case of any kind of damage, whether obvious or hidden, the damage must always be reported within the deadline and the goods and packaging must be stored and provided for subsequent inspection by the parcel service. If the deadline is exceeded, the carrier refuses all liability! With this type of transport, the packaging must also be inspected immediately upon receipt of the goods. If the consignee here draws the receipt of the goods without comment against the carrier on the so-called rolling card, he confirms that he has received the goods in perfect condition. Thus, a later complaint can no longer be argued, because the damage could have also just as late incurred by the customer. Therefore, there is NO registration deadline of 6 working days!
All legal regulations on freight forwarding business are subject to the General German Forwarding Conditions (ADSp.). Here also the obligations in the delivery in §33 are explicitly described, as well as the liability limits for damages and unfortunately the liability amount is limited to only € 5.00 per kilogram of gross weight of the shipment. The following applies:
Damage must be noted immediately on the rolling card. Therefore, when accepting the goods delivered by a forwarding agent, an immediate and particularly thorough inspection of the packaging must be ensured. The signature on the rolling card confirms not only the receipt of the goods, but the receipt in perfect condition!
For this reason, we would like to urge you and your potential customers to pay attention to the condition of the packaging upon delivery by a forwarding company. Check this from all sides, because often the package is placed in such a way that possibly damages are concealed, so that the receiver "purely acknowledges" and confirms the receipt of a faultless commodity. By this confirmation of receipt then both forwarding agent and the supplier are no longer in liability!
§ 9 Choice of law, place of performance, place of jurisdiction
German law applies to the exclusion of the UN purchase law. Place of fulfillment as well as place of jurisdiction is our seat.
II. Customer information
1. Identity of the seller
P. Ulikowski, A. Damasiewicz, P. Damasiewicz
USt-IdNr.: DE 310192154
Amtsgericht Hamburg: HRB 144783
2. Information about the conclusion of the contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system or the request, the contract data can be printed out or saved electronically using the browser's print function.
4. Legal Liability for Goods
The liability for defects for our goods is governed by the regulation "Warranty" in the General Terms and Conditions (Part I).
5. Dispute Resolution (AS) and Online Dispute Resolution (OS)
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/.