Terms and Conditions (GTC)
Version: May 2018, version no. 05
These are the general terms and conditions of the:
Schulte Design GmbH
47798 Krefeld / Germany
Tel .: +49 2151/625910
Fax: +49 2151/625920
HRB 5226 VAT No .: DE 16 2178 344
Managing Director: Franz-Josef Schulte
§ 1. General
- 1.1 Schulte Design GmbH (hereinafter referred to as “Schulte”) offers goods for home furnishings through the FAZ online shop. The goods are exclusively new except for exhibits.
- 1.2 These terms and conditions apply to the entire business relationship between “Schulte” and the customer.
- 1.3 Customers within the meaning of the above sales conditions are both consumers and entrepreneurs.
- 1.3.1 To be regarded as a consumer is any natural person with whom a business relationship is entered into, who acts for a purpose which can not be attributed to either his commercial or his independent professional activity.
- 1.3.2 Entrepreneurs within the meaning of these GTCs is any natural or legal person or a legal partnership that enters into a business relationship and acts in the exercise of their commercial or independent professional activity.
§ 2 contract conclusion
- 2.1 “Schulte” delivers goods only to customers in those countries which have been expressly named as supplier countries in the online shop of “Schulte”. Buyers from other countries, not mentioned in the online shop of “Schulte”, can only buy goods as “self-collectors” and pick up the goods personally from the designated issuing offices of “Schulte”.
- 2.2 In the case of contracts with foreign customers, the following special rules apply:
- 2.2.1 Buy customers from countries outside the Federal Republic of Germany in “Schulte” goods and these goods then picked up as “pickup” to the designated by “Schulte” issuing offices, so calculated “Schulte” the respectively valid German VAT law. A refund of this sales tax is granted “Schulte” only in the supplier countries listed in the online shop of “Schulte”.
- 2.2.2 If a customer from a non-EU country buys “Schulte” and the customer requests the delivery to a delivery address within the EU, “Schulte” will identify and pay the value added tax applicable to that EU country of delivery. If the customer then exports the goods to a non-EU third country, “Schulte” is free to refund the originally calculated value added tax.
- 2.2.3 If members of NATO forces stationed in the Federal Republic of Germany conclude “Schulte” purchase contracts, these sales contracts are treated as purchase contracts with German customers and deliveries within Germany. In particular, the applicable value added tax according to German law is calculated.
- 2.2.4 “Schulte” will not make available to customers who wish to export goods purchased from “Schulte” to third-country territories , the customs number issued to “Schulte”.
- 2.3 All products are only sold in normal household quantities. This applies to the ordering of a product in a single order as well as to multiple orders of the same product, which are delivered in close, temporal context.
§ 3 Assembly
The buyer takes over the assembly (table feet) himself, an assembly instruction is attached.
A liability for incorrect installation will not be accepted.
§ 4 Cancellation Policy
Consumers are entitled to a right of withdrawal according to the provisions of the Distance Selling Law with respect to purchased goods in accordance with the following information:
Right of withdrawal of goods Right of withdrawal
§ 5 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, if you have ordered one or more goods in a single order and the goods or goods are or will be delivered uniformly;
– where you or a third party named by you, who is not the carrier, has or has taken possession of the last goods , if you have ordered several goods in a single order and the goods are delivered separately;
– on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or piece. If there are several of the above alternatives, the revocation period will not commence until you or a third party named by you, who is not a carrier, has or has taken possession of the last good or last partial lot or piece.
To exercise your right of withdrawal, you must contact us Schulte Design GmbH / Germany;
E-Mail: info@Schultedesign.de ; Tel: +49 2151/625911 ; Fax: +49 2151/625920) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract.
Consequences of Withdrawal
If you withdraw from this contract, we will have you all the payments we have received from you, including delivery charges (except for any additional costs arising from your having a different type of delivery than that offered by us, the most favorable standard delivery), immediately and no later than fourteen days from the day on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for the repayment fees.
We may refuse to pay back for parcel shipping 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 that can be shipped to us without undue delay and in any event not
later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. We pick up the parcel shipping goods.
You bear the immediate costs of returning the goods. For parcel shipping goods, the cost is max. 110,00 EUR (return within Germany), max. 212.29 EUR (return from abroad).
You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functioning of the goods.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal:
If you cancel this Agreement, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from your having a other type of delivery than the one we have offered, the most favorable standard delivery selected), immediately and no later than fourteen days from the day on which the notification of your revocation of the contract has been received by us.
For this repayment, we will use the same means of payment as you used in the original transaction , unless expressly agreed otherwise with you; Under no circumstances will you be charged for these refunds. If you have requested that the services be started during the withdrawal period, then you have us to pay a reasonable amount equal to the proportion of services already provided by the date on which you inform us of the exercise of the right of withdrawal in relation to this contract compared to the total amount of services provided for in the contract.
§ 6 Prices, delivery and shipping costs
- 6.1 The prices listed in the online shop are final prices. They therefore include all price components including any applicable taxes. In the event of cross-border delivery to Switzerland, additional duties, fees and taxes may apply, but these are to be disclosed in advance.
- 6.2 The resulting delivery and shipping costs are not included in the purchase price. Therefore, when shipping the goods both inland and abroad basically shipping costs, which the buyer has benfalls to wear and which are based on the respective specific item description and the information given in the shipping or it will be more details on the calculation this
specified by the online shop.
- 6.3 The shipping costs per order basically only refer to the shipping within Germany.
§ 7 Terms of payment
- 7.1 The customer is – unless otherwise agreed – the payment options available within the online store available, including advance payment by bank transfer no credit card possible.
- 7.1.1 In the case of the payment method on account (not usable for private customers), “Schulte” may carry out a credit check without express consent, insofar as this is necessary to safeguard legitimate interests for “Schulte” and thereby protect the interests of the customer.
- 7.1.2 Cash on delivery is only possible for deliveries within Germany. There are
additional costs of 20 EUR. These are shown separately in the order confirmation. In addition, the delivery agent (DHL) charges a delivery fee of 2.00 EUR (not for non-delivery), which the customer has to pay directly to the deliverer.
- 7.2 The customer has to pay the purchase price plus possible delivery and shipping costs at the latest 10 days after receipt of the request for payment; decisive is the receipt of the amount at “Schulte”. After unsuccessful expiry of the deadline, the customer is in default of payment without further explanation by the seller.
- 7.2.1 A consumer shall pay the debt in arrears at a rate of 5% above the base rate. If the customer is an entrepreneur, “Schulte” will demand default interest in the amount of 8% – points above the base rate.
- 7.2.2 The right to assert a demonstrably higher damage caused by default remains reserved to “Schulte”.
§ 8 Right of retention
The customer can only assert a right of retention if his counterclaim is based on the same contractual relationship.
§ 9 Delivery and shipping conditions
- 9.1 The delivery of the goods takes place – unless otherwise agreed in individual cases – against payment in advance and by mail. The customer receives an order confirmation stating the date of shipment.
- 9.1.1 The goods will be max. Stored for 6 months free of charge. After that, storage costs arise.
- 9.2 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to him as soon as the shipment has been handed over to the person responsible for transport.
- 9.2.1 For consumers, the risk of accidental loss and accidental deterioration of the goods at the time of dispatch purchase with the transfer of the purchased goods to the consumer on this.
- 9.2.2 With regard to the assumption of risk, it is the same for the transfer, if the customer is in default of acceptance.
- 9.3 The customer assures that he has given the correct and complete delivery address when placing his order. Should there be additional costs for shipment due to incorrect address data – such as recurring shipping costs – the customer must replace these.
- 9.4 The delivery takes place – unless otherwise agreed in an individual case – free curbside.
§ 10 Retention of title
“Schulte” reserves ownership of the goods until full payment. If the customer should be an entrepreneur, “Schulte” reserves the ownership of the goods until all claims against the buyer arising from the business relationship have been fulfilled.
§ 11 Warranty
- 11.1 The customer, who is a consumer, initially has a claim for subsequent performance, as far as there is a defect in the goods. The consumer can choose in this respect between the elimination of the defect or the delivery of a defect-free product. “Schulte” is entitled to refuse the chosen type of supplementary performance, if this is possible only at disproportionate costs.
- 11.1.2 f the subsequent performance has failed, the customer who is a consumer who, in
accordance with legal requirements, may demand a reduction of the purchase price (reduction) in accordance with the statutory provisions, can declare his withdrawal from the contract.
- 11.2 Insofar as the customer is an entrepreneur, he must indicate obvious defects in the goods “Schulte” within 14 days of receipt of the goods, otherwise warranty claims are excluded. A notification of defects has to be made in text form, so it has to be sent by letter, fax or e-mail to “Schulte”. A smartphone photo about the defect is helpful. To meet the deadline, the timely dispatch of the notice of defects is sufficient.
- 11.2.1 If the customer, the entrepreneur, should be entitled to warranty claims, the supplementary performance may be at the option of “Schulte” by elimination of the defect or by the delivery of new goods.
- 11.2.1 If the customer, irrespective of whether consumer or entrepreneur, intentionally or negligently, misrepresented that the goods are actually not defective or that the defect that has occurred can not come from the area of responsibility of “Schulte” and nevertheless asserts its warranty rights, then this is he obligated “Schulte” to reimburse the costs incurred by an unjustified remedy of the defect.
- 11.3.1 The limitation period for the rights of a consumer for defects in a new object is two years, for the rights of an entrepreneur one year from the delivery of the goods. These related limitation periods do not apply if and insofar as “Schulte” is liable pursuant to § 13 of these Terms and Conditions or the real right of a third party is based on which the surrender of the delivery item may be demanded.
- 11.3.2 If a used item is sold and the customer is a consumer, the warranty claims of the buyer expire in one year from delivery of the goods. This exclusion of warranty does not apply if and to the extent that “Schulte” is liable in accordance with § 13 of these terms and conditions or the real right of a third party, on the basis of which the surrender of the delivery item can be demanded.
- 11.3.3 Warranty claims of the entrepreneur regarding used goods do not exist; this also applies to defects that arose after conclusion of the contract but before the transfer of risk. These related limitation periods do not apply if and insofar as “Schulte” is liable in accordance with § 13 of these terms and conditions or it is the real right of a third party, due to which the surrender of the delivery item may be required.
§ 12 Transport damages
- The customer shall support “Schulte” in the case of transport damage to the best of his ability, as far as claims are made against the respective transport company or transport insurance.
- 12.1 If the (partial) loss or damage is not externally identifiable, the Customer must notify the carrier within five days of delivery to “Schulte” or within seven days of delivery to ensure that any claims against the carrier are timely be invoked.
- 12.2 Any rights and claims of the customer, in particular its rights in the event of defects, remain unaffected by the provisions of § 12.1 of these GTC. Therefore, these do not include a limitation period for the rights of the customer according to § 11 of these Terms and Conditions.
§ 13 Final Provisions
- 13.1 The relations between the contracting parties are governed by the law applicable in the Federal Republic of Germany. For customers who conclude contracts for the supply of movable property for a purpose that can not be attributed to the professional or commercial activity of the consumer, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the Consumer has his habitual residence is withdrawn.
- 13.2 The provisions of the United Nations Convention on Contracts for the International
Sale of Goods (UN Sales Convention) shall not apply.
- 13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, then the place of performance and place of jurisdiction for all disputes arising from this contractual relationship is the registered office of “Schulte”. The same applies in the event that the customer, the entrepreneur, has no general jurisdiction in Germany, or in the event that the habitual residence at the time the action is not known. Even then, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of “Schulte”. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.