Conditions of use
GENERAL CONDITIONS OF BÜROFORUM PLANEN UND EINRICHTEN GMBH; REPRESENTED BY THE CEO JOCHEN BÄHR, DANIEL RÜTTIGER EDITH-STEIN-STR. 3, 97084 WÜRZBURG
§ 1 Validity of Terms, defintions
(1) For the business relationship between büroforum planen und einrichten GmbH., (hereinafter "büroforum") and the customer (hereinafter referred to as "customer"), the following terms and conditions apply exclusively in the version valid at the time of order.
(2) The customer is a consumer within the meaning of these general terms and conditions, insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising his commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The customer can choose from the assortment of büroforum products, in particular furnishing and furniture, (hereinafter referred to as "goods") and collect them via the button "add to cart" in a virtual shopping cart. Via the button "buy now" he makes a binding offer to buy the goods in the shopping cart. However, the offer can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the corresponding button and thereby included them in his offer
(2) Before sending the order, büroforum makes it possible for the customer to check the order for its correctness of contents, in particular price and quantity, and to correct it if necessary.
(3) After receipt of the order, büroforum will send the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again. The automatic acknowledgment of receipt merely documents that the customer's order has been received by büroforum and does not constitute acceptance of the offer. The contract only comes into effect by submitting a declaration of acceptance sent by büroforum with separate email or by sending the ordered goods within seven days
(4) The contract text can be printed by the customer via the function "Print". The text of the contract can also be saved on the customer's computer by clicking on the right mouse button and then entering the command via the menu that appears to save the website with the contract text. The text of the contract can also be saved on the customer's computer by clicking on the right mouse button and then entering the command via the menu that appears to save the website with the contract text. Via the button "my orders" the customer can view his past orders and the relevant data.
(5) The language available to the customer for the conclusion of the contract is German.
§ 3 Prices and Shipping costs
(1) All stated prices include the statutory value added tax.
(2) shipping costs are to be paid by the buyer and are calculated as follows:
The shipping costs are again listed precisely in the offer declaration (§ 2 s. 2) for the customer.
(3) The shipping risk bears büroforum, when the customer is a consumer.
§ 4 Payment terms
(1) The customer can pay via credit card, prepayment, purchase on account, Amazon, Sofortüberweisung, cash on delivery, Paypal or installment purchase.
(2) The payment of the selling price is due immediately after conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default of payment by omission of the appointment.
(3) The payment processing of the payment processor PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: „PayPal") offered payment methods is effected via PayPal under accordance of the Pay-Pal terms of use or – should the buyer not have a PayPal-account – under the application of payment terms without PayPal-account. The terms of use are accessible here: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a Paypal account – under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
(4) The payment processing for installment purchases via easyCredit TeamBank AG Nürnberg, Beuthener Str. 25, 90471 Nürnberg (hereinafter: „easyCredit“), is done by easyCredit according to the general terms for installment purchases of easyCredit-, which are accessible here: http://www.einrichten-design.de/media/wysiwyg/payment-documents/rk_ergaenzende_agbs_zum_ratenkauf_by-easycredit_1.0.pdf
(5) Payment processing for a purchase on account via Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: "Klarna"), shall be carried out via Klarna subject to the Klarna Terms and Conditions for Purchase on Account, which can be viewed at
Terms and Conditions | Klarna International
.
§ 5 Warranty / Liability
(1) büroforum warrants for material defects in accordance with the statutory provisions, in particular §§ 434 ff. BGB (German Civil Code), unless otherwise agreed below.
(2) Consumer claims for compensation are excluded. Except are claims for compensation by the consumer resulting from injury to life, body, health or breach of major contractual obligations (e. g., which the contract according to its content and purpose enforces on büroforum or the fullfilment of such enables the proper implementation in the first place and which the customer regularly honours and is expected to be honoured) as well as the liability for other damages, which are based on a deliberate or grossly negligent breach of duty by büroforum, its legal representative or agent.
(3) For the breach of essential contractual obligation büroforum is liable only for the foreseeable damage typical of the contract if it was caused by negligence except it is a compensation claim of the customer regarding injury to life, body or health.
(4) The limitation of s. 1 and 2 also apply to the legal representative and agents of büroforum, if claims are asserted directly against them.
(5) The provisions of the Product Liability Law remain unaffected.
§ 6 Cancellation Right with Respect to Distance Sales Contracts
Right of revocation for consumers
Consumers are entitled to exercise a right to cancellation provided that the consumer is a natural person who becomes party to a legal agreement for a purpose that cannot be assigned to either that person’s trade or the occupation in which that person is engaged on a self-employed basis.
Right of revocation
You may revoke this contract within 28 days without indicating the reason. The revocation period is 28 days starting on the day you or a third party entitled by you, which is not the shipper, have received the last goods or the last partial delivery or the last part.
To use your right of revocation you must inform us (Fa. büroforum - planen und einrichten GmbH; Edith-Stein-Str. 3 ; 97084 Würzburg-Rottenbauer; Telefon: +49 (0)931 / 8 09 92 - 200; Telefax: +49 (0)931 / 8 09 92 - 199; E-mail: info@bueroforum.net) with a clear statement (e. g. a letter send by post, fax or email) of your decision to revoke this contract.
You can use the sample revocation form which is however not obligatory.
To ensure the revocation period it is sufficient to send the notice of exercising the right of revocation before the revocation period ends.
Consequences of revocation
When you revoke this contract we have to return all payments received from you including shipping costs (except additional costs which result from you choosing a different shipping method than the cheapest standard delivery offered by us) immediately and latest within fourteen days starting on the day your notice of the cancellation of this contract is received by us. For the return payment we use the same payment method as chosen by you in the original transaction except there is an explicit agreement with you; in no case fees for this return payment will occur.
We can refuse the return payment until we have received the goods or until you have proved that you have returned the goods, depending on what occurs earlier.
You have to send back or deliver the goods to us immediately and at any rate latest within 28 days starting on the day on which you inform us about the cancellation of this contract. The period is ensured when you send back the goods before the end of the period of 28 days.
Goods that can be sent by parcel post: We bear the costs of returning goods that can be sent by parcel post within the EU. From all other countries, the return shipment must be borne completely by the buyer.
Shipping costs: You bear the direct costs of returning goods that cannot be sent by parcel post. The costs are estimated at a maximum of approximately 70.00 EUR within Germany and 140.00 EUR within the rest of the EU and non-EU countries.
You only have to pay for the possible value loss of the goods when this loss in value can be traced back to improper handling by checking the appearance, characteristics and functions of the goods.
Exclusion from the right of revocation
The right of revocation does not apply for contracts
- to deliver goods which are not prefabricated and for which production an individiual selection or instruction by the consumer is applied or which are clearly tailored to the personal needs of the consumer
- to deliver products which can perish quickly or which date of expiry would be exceeded fast
- to deliver alcoholic drinks which price was agreed upon contract conclusion but can be delivered earliest 30 days after contract conclusion and which current value are subject to fluctuations of the market on which the contractor has no influence;
Preterm expiration of the right of revocation
The right of revocation expires e.g. preterm for contracts
- to deliver sealed goods, which are not suited for return due to health or hygiene reasons when their seal has been removed after delivery.
- to deliver goods if these have been mixed inseparably with other goods due to their characteristics after delivery.
End of right of revocation
Please understand that there is no right of withdrawal for deliveries outside the European Union. Deliveries to Switzerland and Liechtenstein are excluded from this.
Download of our sample revocation form:
§ 7 Cancellation right
(1) Notwithstanding the warranty for material defects according to § 5 and the right of cancellation according to § 6, consumers have the right of cancellation in accordance with the following paragraphs.
(2) The customer may cancel the following contracts:
1. contracts for the delivery 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,
2. contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
(3) The cancellation period is 28 days (cancellation period). The cancellation period begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. In order to exercise the right of cancellation, the customer must inform büroforum of his decision to cancel the contract by means of a clear declaration. To meet the cancellation deadline, the cancellation declaration must be received within the cancellation period.
(4) If the contract is cancelled, büroforum shall refund all payments received from the customer, excluding delivery costs, less the cancellation costs (20%) within 28 days of receipt of the cancellation notice. If the customer has not yet made a payment to büroforum, büroforum may demand the cancellation costs (20%) from the customer. The cancellation costs within the meaning of sentences 1 and 2 shall be calculated from the agreed purchase price without consideration of discounts and delivery costs. büroforum may refuse repayment until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
(5) The costs of returning the goods shall be borne
1. for goods that can be sent by parcel post büroforum within the EU. From all other countries, the return shipment must be borne entirely by the customer.
2. for goods that cannot be sent by parcel post (forwarding agent) the customer. The costs are estimated at a maximum of around EUR 70.00 within Germany and EUR 140.00 within the rest of the EU and non-EU countries.
An island surcharge may be added; büroforum will inform the customer of the amount after enquiring with the parcel service or shipping company.
(6) Goods that can be sent by parcel post: We bear the costs of returning goods that can be sent by parcel post within the EU. From all other countries, the return shipment must be borne in full by the buyer.
(7) Freight forwarding: You bear the direct costs of returning goods that cannot be sent by parcel post. The costs are estimated at a maximum of around EUR 70.00 within Germany and EUR 140.00 within the other EU and non-EU countries.
§ 8 Information on data processing
(1) büroforum collects data of the customer in the context of the execution of contracts. It observes in particular the regulations of the Federal Data Protection Act and Telemedia Act. Without the consent of the customer, büroforum will only collect, process or use the customer's inventory and usage data, as far as this is necessary for the execution of the contractual relationship and for the use and billing of Telemedia.
(2) Moreover with regard to the customer's consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed on the website of büroforum at any time via the "Privacy" button in printable form.
§ 9 Platform for online dispute resolution / general information on the dispute settlement procedure before consumer arbitration
(1) The European Commission has provided a online platform for dispute resolution (OS-platform): http://ec.europa.eu/consumers/odr/
(2) büroforum is neither obliged nor willing to participate in dispute settlement before a customer arbitration board.
§ 10 Final definition
Contracts between büroforum and the customer shall be governed by the law of the Federal Republic of Germany, excluding the provisions of the UN Sales Convention. However, the choice of law shall not apply insofar as the customer is deprived of the protection granted to him by the provisions which, under the law of the country in which the customer has his habitual residence, may not be derogated from by agreement.
