AGB
Below you will find the General Terms and Conditions of OBJECTS OF OUR DAYS and information on revocation.
The general terms and conditions for business customers can be found HERE.
THE GENERAL TERMS AND CONDITIONS
of
OUT objects of our days GmbH
Ohlauer Str. 42
10999 Berlin/Germany
Managing Directors: Christoph Steiger, David Spinner, Reinhard Weßling
Register court: AG Charlottenburg (HRB 165377 B)
T +49 (0)30 44 67 38 00
e-mail: INFO@OUT-DESIGN.COM
Internet: OBJEKTEUNSERERTAGE.COM
- hereinafter also referred to as "OUT
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GENERAL CONDITIONS AND SCOPE OF APPLICATION
The General Terms and Conditions ("GTC") apply to all contractual agreements, deliveries and services between OUT and consumers. "Consumer" means any natural person who, when entering into the contract, acts for purposes which are outside his trade, business, craft or profession. Deviating and/or supplementary agreements must be in writing. Consent by OUT by e-mail is sufficient.
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OFFER AND CONCLUSION OF CONTRACT
All offers made by OUT on the website objekteunserertage.com are non-binding and subject to change. The contract is concluded by the completion of the order process on the website of OUT and receipt of the order confirmation by OUT by email or by execution of the order by OUT. As far as the customer orders products based on his own specifications, the effectiveness of the conclusion of the contract is subject to the resolutive condition of the positive examination of the technical feasibility by OUT.
Deviations and technical changes compared to our illustrations or descriptions are possible and do not affect the conclusion of the contract as long as they do not change function and design. In particular, customary deviations in colour, grain, lacquering, fabric and other surfaces may occur due to the nature of the materials used.
The aforementioned deviations do not entitle the customer to contest the contract, reduce the purchase price, withdraw from the contract or claim damages, provided that they do not impair the function and design to an insignificant extent and are reasonable.
Products which can be configured by the customer according to his own ideas with regard to dimensions, colour and other design and which are only produced accordingly are also goods within the meaning of § 312 g BGB ("goods"). § 312 g BGB ("goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer"), if the customer has not made his own specification and has accepted the pre-settings made by OUT.
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RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from the contract within fourteen days without giving any reason.
The right of revocation exists only in the cases regulated by law (§ 312g para. 2 p.1 BGB); in particular, not in the case of contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs (§ 312g para. 2 p.1 no. 1 BGB).
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods of an order.
In order to exercise your right of withdrawal, you must send us
OUT objects of our days GmbH
Ohlauer Str. 42
10999 Berlin
T +49 (0)30 44 76 38 00
e-mail: info@out-design.com
Internet: objekteunserertage.com
by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke the contract. You can also fill in and submit the attached MODEL CANCELLATION FORM or another clear declaration electronically on our WEBSITE. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we must reimburse you for all payments we have received from you, including delivery costs (outward delivery costs), with the exception of any additional costs incurred because you have chosen a type of delivery other than the cheapest standard delivery offered by us.
The repayment will be made within fourteen days from the day on which we receive the notification of your cancellation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that the goods have been posted for return, whichever is the earlier.
You must return or hand over the goods to us within fourteen days of the day on which you notify us of the cancellation of this contract. The return may be made separately for each product, to different return addresses. In particular, goods that cannot be returned by normal post (e.g. forwarding goods, bulky goods) cannot be sent with goods that can be returned by normal post (e.g. as a parcel). The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods (return costs).
The return costs for goods that cannot be returned by normal post (e.g. forwarding goods, bulky goods) shall be borne by you up to a maximum of 12% of the value of the goods within Germany and up to a maximum of 12% of the value of the goods within the rest of the EU, but at least 150.00 EUR within the rest of the EU. The return costs for goods that can be returned by normal post (e.g. as a parcel) shall be borne by you in full.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
SAMPLE CANCELLATION FORM
To
OUT objects of our days GmbH
Ohlauer Str. 42
10999 Berlin
info@out-design.com
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 the consumer(s)
Address of the consumer(s)
Signature of consumer(s)
(only in case of paper communication)
Date
(*) Delete where inapplicable
If you cancel this contract, we must reimburse you for all payments we have received from you, including delivery costs (outward delivery costs), with the exception of any additional costs incurred because you have chosen a type of delivery other than the cheapest standard delivery offered by us.
The repayment will be made within fourteen days from the day on which we receive the notification of your cancellation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that the goods have been posted for return, whichever is the earlier.
You must return or hand over the goods to us within fourteen days of the day on which you notify us of the cancellation of this contract. The return may be made separately for each product, to different return addresses. In particular, goods that cannot be returned by normal post (e.g. forwarding goods, bulky goods) cannot be sent with goods that can be returned by normal post (e.g. as a parcel). The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods (return costs).
The return costs for goods that cannot be returned by normal post (e.g. forwarding goods, bulky goods) shall be borne by you up to a maximum of 12% of the value of the goods within Germany and up to a maximum of 12% of the value of the goods within the rest of the EU, but at least 150.00 EUR within the rest of the EU. The return costs for goods that can be returned by normal post (e.g. as a parcel) shall be borne by you in full.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
SAMPLE CANCELLATION FORM
To
OUT objects of our days GmbH
Ohlauer Str. 42
10999 Berlin
info@out-design.com
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 the consumer(s)
Address of the consumer(s)
Signature of consumer(s)
(only in case of paper communication)
Date
(*) Delete where inapplicable
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PRICES, DUE DATE AND TERMS OF PAYMENT
The prices stated on the OUT website at the time of the order shall apply. All prices are final prices in Euro and include the statutory value added tax. Shipping costs will be charged additionally.
Customers outside the European Union may incur additional costs such as customs clearance fees, national sales taxes or other duties in addition to increased shipping costs. These additional costs and the respective national sales tax are to be paid according to the respective national law. The customer must inform himself about the existing regulations.
The total price including shipping costs is due at the time of the order.
OUT accepts all payment methods offered on the OUT website. A set-off with mutual claims is not possible.
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CANCELLATION OF THE ORDER
Cancellation of the order by the customer does not release him from the obligation to pay the agreed full price.
Without prejudice to the possibility of claiming higher damages, in case of cancellation or unilateral renunciation 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 in stock, OUT is entitled to claim 30 % of the gross order value without proof from the moment of the start of the production of the ordered goods.
The right of withdrawal remains unaffected by this provision. The buyer also retains the right to prove that OUT has suffered no or only minor damage due to the cancellation of the order.
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DELIVERY, DELIVERY TIMES AND SHIPPING COSTS
The shipping costs will be communicated to the buyer during the order process. The delivery times indicated in the product description or during the ordering process apply.
Upon request, OUT will also deliver its products to other countries. Other delivery conditions apply. Depending on the weight, volume and place of delivery, the delivery costs and times may change.
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COSTS OF RETURN
In the event of a valid revocation, the customer is obliged to arrange for or bear the costs of the return shipment or delivery in accordance with the conditions set out in clause 3.
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DELIVERY AND INSTALLATION SERVICE
At the agreed time of delivery, the place of delivery specified by the customer must be accessible by a vehicle customary for a delivery service (e.g. truck). It must be possible to make the delivery to the house, flat or property using the usual means of furniture transport; in particular, entrances, access routes, corridors and staircases must be kept clear. The buyer is obliged to point out unfavourable circumstances for the delivery, in particular difficulties during 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 the delivery cannot be made because of this.
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WARRANTY
The statutory warranty provisions shall apply unless otherwise provided for in the contractual agreements and in particular in these general terms and conditions.
OUT warrants that the goods sold are free from defects in material and workmanship at the time of the passing of risk and that they have the characteristics warranted by contract or in clause 14. The statutory warranty period of two years shall apply.
If data of the customer has been used for the production of goods and OUT has not taken any measurements itself, any errors in the data shall be at the expense of the customer. The customer guarantees, in addition to the conditions for delivery mentioned in clause 6, that there is sufficient space for the ordered goods and confirms that the local conditions, in particular the walls, have the necessary condition for any necessary assembly.
The warranty extends solely to the customary and contractual use of the goods. Damage caused by improper handling or extreme use is not covered by the warranty.
For all defects covered by the warranty, the statutory claims for subsequent performance, for rectification of defects/replacement as well as - if the statutory requirements are met - the more extensive 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 has to give the required information and provide pictures of the claimed defect, as far as the defect is one that can be recorded pictorially.
OUT does not assume any liability for the constant and uninterrupted availability of objekteunserertage.com or for technical or electronic errors of the online offer.
PRICES, DUE DATE AND TERMS OF PAYMENT
The prices stated on the OUT website at the time of the order shall apply. All prices are final prices in Euro and include the statutory value added tax. Shipping costs will be charged additionally.
Customers outside the European Union may incur additional costs such as customs clearance fees, national sales taxes or other duties in addition to increased shipping costs. These additional costs and the respective national sales tax are to be paid according to the respective national law. The customer must inform himself about the existing regulations.
The total price including shipping costs is due at the time of the order.
OUT accepts all payment methods offered on the OUT website. A set-off with mutual claims is not possible.
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CANCELLATION OF THE ORDER
Cancellation of the order by the customer does not release him from the obligation to pay the agreed full price.
Without prejudice to the possibility of claiming higher damages, in case of cancellation or unilateral renunciation 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 in stock, OUT is entitled to claim 30 % of the gross order value without proof from the moment of the start of the production of the ordered goods.
The right of withdrawal remains unaffected by this provision. The buyer also retains the right to prove that OUT has suffered no or only minor damage due to the cancellation of the order.
6/
DELIVERY, DELIVERY TIMES AND SHIPPING COSTS
The shipping costs will be communicated to the buyer during the order process. The delivery times indicated in the product description or during the ordering process apply.
Upon request, OUT will also deliver its products to other countries. Other delivery conditions apply. Depending on the weight, volume and place of delivery, the delivery costs and times may change.
7/
COSTS OF RETURN
In the event of a valid revocation, the customer is obliged to arrange for or bear the costs of the return shipment or delivery in accordance with the conditions set out in clause 3.
8/
DELIVERY AND INSTALLATION SERVICE
At the agreed time of delivery, the place of delivery specified by the customer must be accessible by a vehicle customary for a delivery service (e.g. truck). It must be possible to make the delivery to the house, flat or property using the usual means of furniture transport; in particular, entrances, access routes, corridors and staircases must be kept clear. The buyer is obliged to point out unfavourable circumstances for the delivery, in particular difficulties during 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 the delivery cannot be made because of this.
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WARRANTY
The statutory warranty provisions shall apply unless otherwise provided for in the contractual agreements and in particular in these general terms and conditions.
OUT warrants that the goods sold are free from defects in material and workmanship at the time of the passing of risk and that they have the characteristics warranted by contract or in clause 14. The statutory warranty period of two years shall apply.
If data of the customer has been used for the production of goods and OUT has not taken any measurements itself, any errors in the data shall be at the expense of the customer. The customer guarantees, in addition to the conditions for delivery mentioned in clause 6, that there is sufficient space for the ordered goods and confirms that the local conditions, in particular the walls, have the necessary condition for any necessary assembly.
The warranty extends solely to the customary and contractual use of the goods. Damage caused by improper handling or extreme use is not covered by the warranty.
For all defects covered by the warranty, the statutory claims for subsequent performance, for rectification of defects/replacement as well as - if the statutory requirements are met - the more extensive 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 has to give the required information and provide pictures of the claimed defect, as far as the defect is one that can be recorded pictorially.
OUT does not assume any liability for the constant and uninterrupted availability of objekteunserertage.com or for technical or electronic errors of the online offer.
In all other respects, the statutory provisions shall apply, in particular with regard to the warranty for defects.
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LIABILITY
We shall be liable to you (including any liability for third parties existing under statutory provisions) in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of 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 a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and 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, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
11/
DELAY IN ACCEPTING DELIVERY
If the customer does not respond to the notice of the delivery date within a reasonable period of grace granted to him, refuses acceptance or expressly declares not to accept, OUT may withdraw from the contract and claim damages for non-performance. The right of OUT to demand performance remains unaffected.
If the customer refuses to accept the delivery OUT can claim damages for expenses in the amount of 30% of the net price of the goods plus VAT. Apart from that OUT reserves the right to claim higher provable damages. As far as the delay in acceptance lasts longer than one month the buyer has to pay the accruing storage costs. OUT can also store the goods at a third party, such as the delivery service.
The buyer has the right to prove that OUT has incurred lower costs due to the delay in acceptance.
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RESERVATION OF TITLE
All deliveries are subject to retention of title. The delivered goods remain the property of OUT until full payment of the purchase price.
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DATA STORAGE AND DATA PROTECTION
In accordance with §28 BDSG (Federal Data Protection Act) we would like to draw your attention to the fact that the data required in the course of business 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 in the context of order processing (payment, dispatch), the necessary data will also be used towards third parties. You can obtain information about the data stored about you free of charge at any time. To do so, send an e-mail to INFO@OUT-DESIGN.COM. For data protection reasons, the reply to the e-mail can only be sent to the e-mail address stored at OUT. You can find our data protection declaration HERE
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LIABILITY
We shall be liable to you (including any liability for third parties existing under statutory provisions) in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of 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 a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and 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, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
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DELAY IN ACCEPTING DELIVERY
If the customer does not respond to the notice of the delivery date within a reasonable period of grace granted to him, refuses acceptance or expressly declares not to accept, OUT may withdraw from the contract and claim damages for non-performance. The right of OUT to demand performance remains unaffected.
If the customer refuses to accept the delivery OUT can claim damages for expenses in the amount of 30% of the net price of the goods plus VAT. Apart from that OUT reserves the right to claim higher provable damages. As far as the delay in acceptance lasts longer than one month the buyer has to pay the accruing storage costs. OUT can also store the goods at a third party, such as the delivery service.
The buyer has the right to prove that OUT has incurred lower costs due to the delay in acceptance.
12/
RESERVATION OF TITLE
All deliveries are subject to retention of title. The delivered goods remain the property of OUT until full payment of the purchase price.
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DATA STORAGE AND DATA PROTECTION
In accordance with §28 BDSG (Federal Data Protection Act) we would like to draw your attention to the fact that the data required in the course of business 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 in the context of order processing (payment, dispatch), the necessary data will also be used towards third parties. You can obtain information about the data stored about you free of charge at any time. To do so, send an e-mail to INFO@OUT-DESIGN.COM. For data protection reasons, the reply to the e-mail can only be sent to the e-mail address stored at OUT. You can find our data protection declaration HERE
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PRODUCT NOTES
OUT does its best to reproduce surfaces, lacquers, fabrics, fibres and materials on the website true to nature. Nevertheless, it is possible that due to different lighting conditions, cast shadows, resolution of the images, but above all the settings of the screen and printer, the colours, surfaces and structures in nature may deviate slightly. This applies to surfaces made of both natural and synthetic materials. In particular, products made of natural products deviate in their details (such as grain, surface structure and colour nuances) from the products shown. 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 to find a joint solution, e.g. by sending samples.
OUT's products are only suitable for use within an enclosed space, unless they are expressly marked for outdoor use. The environments in which the products are shown in the product images are not an explicit designation. Damage resulting from 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 the sunlight and other weather conditions; such changes, provided they do not go beyond the change to be expected in the context of normal use or use in accordance with the contract, are not covered by the warranty as defined in Clause 9. Clause 9.
Fluctuations in temperature, humidity and weather can cause wood and other materials to change their size, swell, warp or split; material joints can also come apart. Such damage is not covered by the warranty as defined in. Such damage is not covered by the warranty as defined in Clause 9, unless it occurs within the scope of normal use or use in accordance with the contract.
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 damage is not covered by the warranty as defined in. Such damage is not covered by the warranty as defined in clause 9, unless it occurs in the course of normal use or use in accordance with the contract. To avoid the above-mentioned damage, felt or other suitable material can be placed between the contact points.
Contact with aggressive chemicals such as thinner, nail cleaner, alcohol, cleaning petrol etc. must be avoided. It leads to damage of the products. Such damage is not covered by the warranty iSv. Clause 9.
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CONTRACTUAL LANGUAGE AND APPLICABLE LAW
All agreements between OUT and the customer (including the GTC) are - if there are several language versions - legally binding in the German version only.
The contractual agreements and the GTC are subject to German law.
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SEVERABILITY CLAUSE
The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions. Void or ineffective provisions shall be replaced by the statutory provisions.
PRODUCT NOTES
OUT does its best to reproduce surfaces, lacquers, fabrics, fibres and materials on the website true to nature. Nevertheless, it is possible that due to different lighting conditions, cast shadows, resolution of the images, but above all the settings of the screen and printer, the colours, surfaces and structures in nature may deviate slightly. This applies to surfaces made of both natural and synthetic materials. In particular, products made of natural products deviate in their details (such as grain, surface structure and colour nuances) from the products shown. 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 to find a joint solution, e.g. by sending samples.
OUT's products are only suitable for use within an enclosed space, unless they are expressly marked for outdoor use. The environments in which the products are shown in the product images are not an explicit designation. Damage resulting from 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 the sunlight and other weather conditions; such changes, provided they do not go beyond the change to be expected in the context of normal use or use in accordance with the contract, are not covered by the warranty as defined in Clause 9. Clause 9.
Fluctuations in temperature, humidity and weather can cause wood and other materials to change their size, swell, warp or split; material joints can also come apart. Such damage is not covered by the warranty as defined in. Such damage is not covered by the warranty as defined in Clause 9, unless it occurs within the scope of normal use or use in accordance with the contract.
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 damage is not covered by the warranty as defined in. Such damage is not covered by the warranty as defined in clause 9, unless it occurs in the course of normal use or use in accordance with the contract. To avoid the above-mentioned damage, felt or other suitable material can be placed between the contact points.
Contact with aggressive chemicals such as thinner, nail cleaner, alcohol, cleaning petrol etc. must be avoided. It leads to damage of the products. Such damage is not covered by the warranty iSv. Clause 9.
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CONTRACTUAL LANGUAGE AND APPLICABLE LAW
All agreements between OUT and the customer (including the GTC) are - if there are several language versions - legally binding in the German version only.
The contractual agreements and the GTC are subject to German law.
16/
SEVERABILITY CLAUSE
The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions. Void or ineffective provisions shall be replaced by the statutory provisions.
Status: October 2018