PRICES, DUE DATES AND TERMS OF PAYMENT
The prices stated on the Internet pages of OUT at the time of the order apply. All prices are final prices in Euro and include the legal sales tax. Shipping costs will be charged additionally.
For customers outside the European Union, in addition to increased shipping costs, additional costs such as customs clearance fees, national sales taxes or other levies may arise. These additional costs and the respective national sales tax are to be paid according to the respective national law. The customer has to inform himself about the existing regulations.
The total price including shipping costs is due when ordering.
OUT accepts all payment methods offered on the OUT website. Offsetting with mutual claims is not possible.
CANCELLATION OF ORDER
The cancellation of the order by the customer does not release him from the obligation to pay the agreed full remuneration.
Without prejudice to the possibility of claiming higher damages, in the event of cancellation or unilateral loss of the concluded contractual relationship by the customer for furniture (in particular configured furniture) or such goods which are produced on the basis of the order and not on stock, OUT shall be entitled to demand 30 % of the gross order value without proof from the time of commencement of production of the ordered goods.
The right of revocation remains unaffected by this provision. The purchaser also retains the right to prove that OUT has suffered no or only minor damage due to the cancellation of the order.
DELIVERY, DELIVERY TIMES AND SHIPPING COSTS
The shipping costs will be announced to the customer during the ordering process. The delivery times stated in the product description or during the ordering process apply.
On request, OUT also delivers its products to other countries. Different terms of delivery apply here. Depending on weight, volume and place of delivery, delivery costs and times may change.
In the event of an effective revocation, the customer is obliged to arrange for or take over the return or delivery in accordance with the conditions set out in Section 3 and to bear the costs.
DELIVERY AND INSTALLATION SERVICE
For the agreed delivery period, the place of delivery specified by the customer must be accessible with a vehicle customary for a delivery service (e.g. truck). Delivery to the house, flat or property must be carried out by the usual means of furniture transport; in particular, entrances, access paths, corridors and stairwells must be kept clear. The purchaser is obliged to draw attention to circumstances unfavourable to the delivery, in particular difficulties in delivery. If the Buyer culpably violates this obligation, he shall reimburse the Seller for any additional costs and shall be in default of acceptance if delivery cannot be made for this reason.
The statutory warranty provisions shall apply unless otherwise stipulated in the contractual agreements and in particular these General Terms and Conditions.
OUT warrants that the sold goods are free from material and manufacturing defects at the time of the transfer of risk and that they have the characteristics warranted in the contract or in Clause 14. The statutory warranty period of two years applies.
If data of the customer have been used for the production of goods and OUT itself has not made any measurements, any errors in the data shall be borne by the customer. In addition to the conditions for delivery specified in Clause 6, the customer guarantees that a sufficiently large area is available for the ordered goods and confirms that the local conditions, in particular the walls, have the necessary condition for any assembly that may be necessary.
The warranty extends solely to the usual and contractual use of the goods. Damages caused by improper handling or extreme use are not covered by the warranty.
For all defects covered by the warranty, the statutory claims for subsequent performance, for rectification of defects/re-delivery and - if the statutory requirements are met - the further-reaching claims for reduction or rescission shall apply.
For the assertion of the warranty claims the form Return is available on the website of OUT. The customer must provide the information required there, providing photographic material on the claimed defect, insofar as the defect is one that can be captured visually.
OUT assumes no liability for the constant and uninterrupted availability of objekteunserertage.com or for technical or electronic errors in the online offer.
Otherwise, the statutory provisions shall apply, in particular with regard to warranty for defects.
We shall be liable to you (including any liability for third parties existing in accordance with statutory provisions) in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.
In other cases we shall only be liable - unless otherwise stipulated in the last paragraph of this clause - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in the following paragraph.
Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
DELAY IN ACCEPTING THE DELIVERY
If the customer does not respond to the notification of the delivery date within a reasonable period of grace set, refuses acceptance or expressly declares that he does not wish to accept, OUT may withdraw from the contract and claim damages for non-performance. The right of OUT to demand fulfilment remains unaffected by this.
If the customer refuses to accept the delivery, OUT may claim damages for expenses amounting to 30% of the net price of the goods plus statutory VAT. In all other respects OUT reserves the right to assert a higher demonstrable damage. If the delay in acceptance lasts longer than one month, the purchaser shall pay the storage costs incurred. OUT can also store the goods with a third party, e.g. the delivery service.
The purchaser reserves the right to prove that OUT incurred lower costs due to the default of acceptance.
All deliveries are subject to retention of title. The delivered goods remain the property of OUT until the purchase price has been paid in full.
DATA STORAGE AND DATA PROTECTION
In accordance with §28 BDSG (Federal Data Protection Act) we draw your attention to the fact that the data necessary in the context of the business transaction are processed and stored by means of an EDP system in accordance with § 33 BDSG. All personal data collected from the customer will be treated confidentially. Exclusively within the scope of order processing (payment, shipping) the necessary data will also be used towards third parties. At any time you can obtain information about the data stored about you free of charge. Please send an e-mail to INFO@OUT-DESIGN.COM
OUT does its best to faithfully reproduce surfaces, paintwork, fabrics, fibres and materials on the website. However, it is possible that due to the different lighting conditions, shadows, resolution of the images, but especially the settings of the screen and printer, the colors, surfaces and textures may vary slightly in nature. This applies to both natural and plastic surfaces. In particular, products made of natural products differ from the products shown in their details (such as grain, surface structure and colour nuances). Such irregularities, unless they deviate from the usual expectation, are not covered by the warranty in Clause 9. If there is a need to determine the characteristics of a product more precisely, please contact us in order to find a common solution, e.g. by sending samples.
OUT's products are only suitable for use within an enclosed space, unless expressly marked for outdoor use. The environments in which the products are displayed on the product images are not explicitly identified. Damage caused by use outside an enclosed space is not covered by the warranty in Clause 9.
Sunlight, rain and other weather conditions change the colour of wood, fibres, plastic and other surface materials, depending on the location of the products, the intensity of sunlight and other weather conditions; such changes, provided they do not exceed the change to be expected within the scope of normal or contractual use, are not covered by the warranty iSv. Section 9.
Fluctuations in temperature, humidity and weather conditions can cause wood and other materials to change size, swell, warp or splinter, and material joints to diverge. Such damages are not covered by the warranty iSv. Section 9, insofar as they do not occur within the scope of normal or contractual use.
Plastic parts can be damaged if they are in contact with other objects for a long time and are not moved; damage to the other objects can also occur. Such damages are not covered by the warranty iSv. Section 9, insofar as they do not occur within the scope of normal or contractual use. In order to avoid the mentioned damages, felt or other suitable material can be placed between the contact points.
Avoid contact with aggressive chemicals such as thinner, nail cleaner, alcohol, benzine etc.. It leads to damage to the products. Such damages are not covered by the warranty iSv. Section 9 is covered.
CONTRACTUAL LANGUAGE AND APPLICABLE LAW
All agreements between OUT and the customer (including the general terms and conditions) are - if there are several language versions - only legally binding in the German version.
The contractual agreements and the general terms and conditions are subject to German law.
The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions. Invalid or ineffective conditions shall be replaced by the statutory provisions.
Status: October 2018