1. scope
1.1 The following General Terms and Conditions (hereinafter referred to as “GTC”) of Eruon Trade UG (haftungsbeschränkt) (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
1.4 These GTC also apply to future business relationships with regard to entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if the seller has expressly agreed to this.
2. contracting party, conclusion of contract
2.1The purchase contract is concluded with the seller.
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In this case, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the “PayPal Express” payment method is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the text of the contract available beyond this. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.
2.6 Before placing the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s magnification function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button concluding the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the 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 seller to process the order can be delivered.
3. right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.
4. prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 In the case of payment by means of a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5. delivery and shipping conditions
5.1 In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.
5.2 Goods shall be delivered by dispatch to the delivery address specified by the Customer, unless otherwise agreed.
5.3 The delivery address specified in the Seller’s order processing shall be decisive for the processing of the transaction. In deviation from this, if the PayPal payment method is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.4 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs of shipping to the customer if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the regulation made in the seller’s cancellation policy shall apply to the return costs.
5.5 Self-collection is not possible for logistical reasons.
6. retention of title
6.1 If the Seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.
6.2 The following shall also apply to entrepreneurs: The Seller reserves ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. The customer may resell the goods subject to retention of title in the ordinary course of business; all claims arising from this resale shall be assigned by the Customer to the Seller in advance in the amount of the invoice amount, regardless of whether the goods subject to retention of title are combined or mixed with a new item, and the Seller accepts this assignment. The customer remains authorized to collect the receivables, but the seller may also collect receivables himself if the customer does not meet his payment obligations.
7. liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply, unless expressly agreed otherwise below.
7.2 The following applies to consumers: The customer is requested to complain to the delivery person about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
7.3 The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB). If the customer fails to make the notification regulated therein, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if the seller has fraudulently concealed a defect.
8. redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
8.5 Several promotional vouchers can also be redeemed when placing an order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.8 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.10The promotional voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization to represent the respective owner.
9 Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10. alternative dispute resolution
10.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https: //ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. final provisions
11.1 If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Seller and the Customer shall be the Seller’s place of business.
Cancellation policy & cancellation form
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
A. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must contact us (z. H. Andrei Sergeev, ERUON Trade UG (haftungsbeschränkt), In der Loh 20, 40668 Meerbusch, Germany, e-mail: info@furniton.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this 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 for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
B. Cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To
z. H. Andrei Sergeev
ERUON Trade UG
In der Loh 20
40668 Meerbusch
Germany
E-mail: info@furniton.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if notified on paper)
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Date
(*) Delete as applicable