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Standard Business Terms and customer information

Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a
supplier (Duhome GmbH) via the website or Phone, Telefax, E‐mail. Unless otherwise
agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal
transaction which, to an overwhelming extent, cannot be attributed to either his commercial or
independent professional activities. The term ‘businessman’ refers to every natural person, legal person
or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent
professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject‐matter of the contract is the selling of products.
(2) We sell the product under our own name on behalf of others, i.e. for an external party that owns the
product in question. In this regard, we play the role of a partial or total commission agent. In spite of that,
we are a contractual partner who enjoys all the respective rights and is subject to all the respective
(3) Our offers on the website are non‐binding and are not a binding offer to conclude a contract.
(4) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button
in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check‐out’
page has been called up and the respective personal data and payment and shipping conditions have
been entered, all the order data is displayed again on the order overview page. If you use the ‘PayPal –
Express’ quick‐payment system by clicking the correspondingly‐marked button that is integrated into the
shop system, you shall be directed to the PayPal log‐in page. After a successful log‐in procedure, your
address data and account data that have been saved with PayPal are displayed. The ‘next’ button leads
you back to the order overview page in our online shop.
Before the order is sent, you can re‐check all the data, change it (which can also be done via the internet
browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “Ordering with cost liability” button, you are considered to have made
a binding offer to us.
(5) The acceptance of the offer (and with it, the conclusion of the contract) takes place immediately after
placing the order via a textual confirmation (e.g. email), in which you receive confirmation (order
acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to
be bound to your order. Under such circumstances, any services that have already been provided are
restored without undue delay.
(6) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us.
We supply you with a textual and binding offer (e.g. via e‐mail), which you can accept within a period of 5
(7) The execution of the order and the sending of all the details necessitated by the conclusion of the
contract take place via e‐mail, in a partially‐automated manner. Consequently, you have to ensure that
the e‐mail address that you have deposited with us is the correct one, and that the receipt of the
respective e‐mails is guaranteed. In particular, you have to ensure that the respective e‐mails are not
blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the
same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship
have been settled in full. The goods subject to retention of title may not be pledged or transferred by way
of security before ownership of the said goods changes hands.
b) You can re‐sell the goods within the framework of an orderly transaction. In this regard, you hereby
cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the
re‐selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim
in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we
reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we
acquire co‐ownership of the newly‐formed item. This co‐ownership corresponds to the ratio that exists
between the invoice value of the goods subject to retention of title and the other processed items at the
time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us,
to the extent that the realisable value of our securities exceeds the claim to be secured by more than
10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second‐hand items
amounts to a period of one year after delivery of the goods in question. The one‐year warranty period
does not apply in situations involving culpably caused damages that can be attributed to the supplier and
which are associated with loss of life, injuries or health‐related damages. Furthermore, it does not apply
in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations
involving deceit on the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB
(German Civil Code).
(3) If you are a businessman, the following shall apply, despite the contents of paragraph 1:
a) It is understood that the details provided by us and the product description provided by the
manufacturer are the only things that represent the properties and condition of the product in question.
Other advertisements, blurbs and statements issued by the manufacturer are not considered to be
representative of the properties and condition of the said product.
b) You are obligated to exercise due diligence while promptly checking the goods for qualitative and
quantitative deviations, and to inform us in writing of apparent defects within a period of 7 days after
receipt of the goods. The term limit shall be considered to have been complied with if a timely dispatch
was executed. This also applies to hidden defects that are detected at a later stage (from the time of
discovery onwards). Warranty claims cannot be raised if the obligation to inspect and the obligation to
give notice of defects are not fulfilled.
c) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the
defect is not removed, you can demand a reduction in the price or withdraw from the contract at your
discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove
otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of
repair, we must not bear the additional costs, which arise from the transfer of the item to a place other
than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
d) The warranty period amounts to a period of one year after delivery of the product. The shortened
warranty period does not apply in situations involving culpably caused damages that can be attributed to
us and which are associated with loss of life, injuries or health‐related damages. Furthermore, it does not
apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in
situations involving deceit or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).
§ 5 Liability
(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health.
Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect
is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of
purchase and in all other legally regulated cases.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding
regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If the situation in question relates to important contractual obligations and involves minor negligence,
our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important
contractual obligations’ refers to important obligations that follow from the nature of the contract and
whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations
that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the
contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and
compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if
the situation in question involves violations of obligations associated with light negligence.
(5) The current state of the respective technology makes it impossible to guarantee that data transmission
operations that use the internet will take place in an error‐free manner characterised by permanent
availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website
and the service offered on the website.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the
revocation of the protection guaranteed by the mandatory provisions of the law of the country in which
the respective customer’s usual place of residence is located (benefit‐of‐the‐doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund
governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment
for all services that follow from the business relationships that exist with us. The same condition applies
to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as
well as situations in which the place of residence or the usual place of residence is not known at the time
of commencement of proceedings. This has no bearing on the capacity to call upon the court associated
with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly
II. Customer information
1. Identity of the seller
Duhome GmbH
Mariechen‐Graulich‐Str. 12
65439 Flörsheim
Telephone: +49 (0) 6145 /376 92
The European Commission provides a platform for the out‐of‐court resolution of disputes (ODR platform),
which can be viewed under
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the
correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online ‐
shopping cart system the contract data can be printed out or electronically saved using the browser’s
print function. After the order is received by us, the order data, the legally‐mandated details related to
distance selling contracts and the standard business terms are re‐sent to you via e‐mail.
3.3 When it comes to enquiries that lie outside the context of the online shopping cart system, you
receive all the contract data lying within the framework of a binding offer in an e‐mail, which you can
print out or save electronically.
4. Main features of the product or service
The main features of the product and/or service can be found in the product description and the
supplementary details appearing on our website.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They
include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be called up via
the relevant button on our website or in the relevant item description, are separately specified during the
ordering process and must be borne by you separately, unless a free delivery has been agreed upon.
5.3 The payment methods that are available to you are specified under a correspondingly‐named button
on our website, or in the respective product description.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the
contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any potential delivery restrictions can be found under a
correspondingly‐named button on our website, or in the respective product description.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally
being destroyed or degraded during shipping only passes over to you when the item in question is
delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if
you have independently commissioned a transport company that has not been specified by us or a person
who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
7.1 The liability for defects associated with our goods is geared towards the ‘Warranty’ provision in our
standard business terms (part I).
7.2 As a user, you are requested to promptly check the product for completeness, visible defects and
transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping
company in writing.Even if you do not comply with this request, it shall have no effect on your legal
warranty claims.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the
Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees
the legal security of the texts and assumes liability in case warnings are issued. More detailed information
can be found on the following website:‐service.
last update: 18.01.2016
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