General Sale and Delivery Conditions
1. General information
1.1 All deliveries, services and offers from boho möbelwerkstatt GmbH shall be completed exclusively on the basis of the following General Sale and Delivery Conditions. These conditions shall be considered accepted when a binding order is placed.
1.2 Any deviating, contradictory, or supplementary General Terms and Conditions shall not be considered part of the agreement, even if the parties are aware of them, unless they are expressly approved.
1.3 Consumers in the sense of these conditions are natural persons with whom the company enters into a business relationship, without them acting to carry out any commercial or freelance professional activities.
1.4 Companies in the sense of these terms and conditions are natural persons or legal entities, or partnerships with which the company enters into a business relationship and who act in order to carry out commercial or freelance professional activities.
2. Offer and conclusion of contract
2.1 Offers from boho möbelwerkstatt GmbH are generally non-binding. The company reserves the right to make technical changes.
2.2 Orders shall only be legally binding once a written order confirmation is issued by boho möbelwerkstatt GmbH. Ancillary agreements shall likewise require written confirmation from boho möbelwerkstatt GmbH.
3. Scope of the delivery
3.1 The scope of the delivery and processing shall be determined solely based on the written order confirmation.
3.2 Information on the home page and descriptions such as images, drawings, brochures, weight, dimensional and performance information, etc. should not be considered to describe guaranteed characteristics. Customary deviations are allowed, and shall not entitle the purchaser to make a complaint, unless boho möbelwerkstatt GmbH explicitly indicates that certain dimensions and properties should be considered binding.
3.3 Insignificant changes in design, construction, execution and colour shall not entitle the purchaser to withdraw from the agreement or reduce the purchase price.
4. Delivery term
4.1 The delivery term shall begin upon receipt of the written order confirmation. Partial deliveries are generally permitted.
4.2 The contract shall be concluded on the condition that the company shall not make its own deliveries if it does not receive the deliveries it expects to receive from its own suppliers, or if the deliveries it receives are improper or incomplete. This only applies in cases where boho möbelwerkstatt GmbH is not responsible for the missing or improper delivery.
4.3 If the goods are not available or only partially available, the customer shall be informed promptly. Any payments already received shall be reimbursed by boho möbelwerkstatt GmbH.
4.4 The delivery times indicated by boho möbelwerkstatt GmbH are provided in consideration of the delivery situation and production capabilities as of the date they are stated, and are generally non-binding unless the parties have expressly agreed to a certain delivery deadline or term as binding.
4.5 If boho möbelwerkstatt GmbH is not able to meet the delivery deadline due to force majeure, which includes, for instance, war, internal unrest, seizure, strikes, lockouts, material shortages, broken machinery, other unforeseen operational disruptions, and delays in transportation, then boho möbelwerkstatt GmbH is entitled to delay the deliveries or services by the length of the issue, plus an appropriate lead time. The same applies if suppliers of boho möbelwerkstatt GmbH face the above issues. If the above events are significant in scope, then boho möbelwerkstatt GmbH shall be entitled to withdraw from the agreement, and the purchaser may not assert any claims against boho möbelwerkstatt GmbH due to the withdrawal. The above also applies if such events occur during an existing delay.
4.6 The customer shall be informed of delivery delays promptly. Delivery delays lasting more than three months shall entitle the purchaser to withdraw from the agreement. Claims for damages due to late deliveries are excluded, unless boho möbelwerkstatt GmbH is in default due to gross negligence or intentional actions.
5. Transportation and packaging
5.1 Products delivered by boho möbelwerkstatt GmbH shall be delivered in packaging that the company will not take back.
5.2 Products are sent for the account of the purchaser. Boho möbelwerkstatt GmbH shall select the transportation route and means of transportation, unless the purchaser requests a certain transportation route at its own risk. The purchaser shall bear the costs for transportation insurance, loading and transfer, as well as other expenses related to the delivery. Boho möbelwerkstatt GmbH shall not be liable for the least expensive shipping method if it is used at the instruction of the purchaser.
5.3 boho möbelwerkstatt GmbH is entitled to conclude transportation insurance at the purchaser's expense, but is not obligated to do so.
5.4.1 If the purchaser is a consumer, then the risk of accidental destruction and deterioration of the purchased goods shall be transferred to the purchaser upon handover.
5.4.2 If the purchaser is a company (see the definition in clause 1.4), then the risk of accidental destruction and deterioration of the purchased goods shall be transferred to the purchaser upon handover, upon sale by delivering the goods to the freight forwarder, the shipper, or the other person or entity charged to carry out the shipment.
5.4.3. If the purchaser is delayed in accepting the goods, this shall be considered equivalent to a handover.
5.5 If the purchaser falls into default of acceptance, then boho möbelwerkstatt GmbH is entitled to request reimbursement of damages it incurs due to the default. If the ordered goods are not picked up despite a notification that they are ready to ship, then boho möbelwerkstatt GmbH is nevertheless entitled to request the agreed payment.
6. Price and payment
6.1 Our prices which are generally valid on the day of the delivery are decisive, including statutory VAT. These do not include costs for packaging and delivery.
6.2 Deliveries shall be from our warehouse, unless otherwise agreed.
6.3 In general, the purchaser is obligated to deliver payment within 10 days after receiving the goods and the invoice, unless the parties have expressly agreed to another payment deadline. The purchaser shall be considered in default of payment after this date.
6.4 Bills of exchange shall only be accepted by special agreement, and such bills and checks are only accepted as a security, free of charge for us. Boho möbelwerkstatt GmbH shall not be liable for presenting bills of exchange in a timely fashion, or for protestations.
6.5 Discounts may only be taken if approved by boho möbelwerkstatt GmbH.
6.6.1 A purchaser who is a consumer shall be charged 5 % a.p.r. interest on its debt during the period of default.
6.6.2 A purchaser who is a business in the sense of clause 1.4 shall be charged 9 % a.p.r. interest on its debt during the period of default. Boho möbelwerkstatt GmbH reserves the right to assert higher damages for default interest against the company.
6.7 boho möbelwerkstatt GmbH may revoke promised credits and payment deadlines for the purchaser for good cause at any time. If the purchaser becomes insolvent, boho möbelwerkstatt GmbH is entitled to request advance payment or withdraw from the agreement.
6.8 The purchaser can only terminate an agreement with the approval of boho möbelwerkstatt GmbH. In case of termination, boho möbelwerkstatt GmbH is entitled to request the agreed purchase price, minus any expenses saved, and at least 20% of the agreed price. The purchaser is entitled to verify that damages were lower.
7. Right of retention and offsetting
The purchaser can only offset claims against the claims of boho möbelwerkstatt GmbH or assert a right of retention if the purchaser's counter-claim is undisputed or has been established in a court of law, or if it has been expressly recognised by boho möbelwerkstatt GmbH.
8. Right of cancellation for consumers (instruction)
Consumers shall have the right to cancel within fourteen days.
Right of cancellation
You have the right to cancel this agreement within fourteen days, without providing grounds.
The cancellation term is fourteen days from the date you or a third party named by you who is not the carrier takes or has taken possession of the last partial delivery or the last piece.
To exercise your right of cancellation, you must contact us (boho möbelwerkstatt GmbH, Industriestraße 45, 33397 Rietberg, Germany, email@example.com, phone: +49 5244 975100) with a clear declaration (such as a declaration sent by mail, fax or e-mail) of your decision to cancel this agreement. You can use the enclosed cancellation form to do so, although this is not required.
To meet the cancellation deadline, it is sufficient that you send off your notification that you are exercising your right of cancellation before the end of the term.
Consequences of cancellation
If you cancel this agreement, then we must repay you for all payments we received from you, including delivery costs (with the exception of additional costs if you select another type of delivery besides the least expensive standard delivery option we offer) promptly, and at the latest within fourteen days from the date we received the notification that you are cancelling this agreement. We will use the same payment method you used during the original transaction to repay you, unless otherwise expressly agreed with you; you will never be charged any fees related to the repayment. We can deny repayment until we have received the returned goods, or until you have provided proof you have sent the goods back, whichever comes first.
You must return or hand over the goods to us promptly, and in any case at the latest within fourteen days from the date on which you inform us that you are cancelling this agreement. This term is considered fulfilled if you send off the goods within fourteen days. We will pay the costs for return shipment of the goods. You will only be responsible for repaying any drop in the value of the goods if this drop in value was caused by any unnecessary handling of the goods to inspect their properties, characteristics, and function.
(if you want to cancel this agreement, please complete this form and return it to us.)
– To boho möbelwerkstatt GmbH, Industriestraße 45 , 33397 Rietberg, firstname.lastname@example.org, Germany
– I/we (*) hereby cancel the agreement I/we (*) concluded for the purchase of the following goods (*)/performance of the following services (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notifications in paper form)
(*) Cross off as applicable.
If you finance this agreement with a loan and cancel it later, you will likewise no longer be bound to the loan agreement if both agreements form a single economic unit. This is in particular the case if we are also your lender, or if your lender requires our collaboration in relation to the financing. If we have already received payment of the loan by the time this cancellation goes into effect, then your lender shall enter into our rights and obligations under the financed agreement in relation to you with respect to the legal consequences of cancellation or return. The latter shall not apply if this agreement concerns the purchase of financial instruments (such as securities, foreign currencies or derivatives). If you want to avoid binding contractual relationships as far as possible, then take advantage of your right of cancellation, and also cancel the loan agreement if you have the right to do so.
8.1 Supplementary right of return for consumers (“60 day test”)
We grant our customers, insofar as they are consumers (see the definition below) a supplementary right of return when they purchase a “Basic Line” and/or “Premium Line” table frame, over and above the statutory 14-day cancellation term. If you are not satisfied with the “Basic Line” and/or “Premium Line” table frame you have received, you can request to return your goods within 60 days of receiving them via e-mail to email@example.com or by mail.
Return shipping within Germany (except for German islands) is free of charge. We charge 49 EUR/pc. for pick-up from Austria. We charge 49 EUR/pc. for pick-up from an island or within a European Union state not indicated in the sentence above, and 59 EUR/pc. in other foreign countries.
After we receive the goods, we will reimburse you for the full purchase price.
The supplementary right of return applies in addition to your statutory cancellation rights in every case, and shall not affect any warranty claims. If you want to exercise your statutory cancellation rights, or if you declare that you want to return the goods within the statutory cancellation period (see above), then in deviation from the above regulations the provisions for consequences of exercising your statutory cancellation right shall apply. For details, please see the cancellation policy (see above).
Definition of a consumer
Consumers are natural persons with whom the company enters into a business relationship, without them acting to carry out any commercial or freelance professional activities.
9. Retention of ownership
9.1 All purchased items shall remain the property of boho möbelwerkstatt GmbH until full payment of all liabilities related to the purchasing agreement. The retention of ownership against companies shall likewise also apply to other claims boho möbelwerkstatt GmbH has against the purchaser in relation to its ongoing business relationships.
9.2 At its discretion, boho möbelwerkstatt GmbH shall release the securities to which it is entitled if the value of the securities exceeds the claims of boho möbelwerkstatt GmbH by more than 20 %.
9.3 The parties furthermore agree to an extended retention of ownership. If the purchaser processes the goods further, then boho möbelwerkstatt GmbH shall obtain co-ownership of the new goods in relation to the value of the delivered gods.
9.4 During the term of the retention of ownership, the object of purchase shall be insured by the purchaser against destruction, damage and loss at the request of boho möbelwerkstatt GmbH, with the requirement that boho möbelwerkstatt GmbH shall be exclusively entitled to rights under this insurance. The purchaser is free to choose the insurance company.
9.5 For as long as the retention of ownership applies, the purchaser must manage the goods carefully, and must not dispose over them in any manner, in particular through sale, mortgage or transfer of ownership.
9.6 Commercial purchasers are entitled to sell the goods in the ordinary course of business. They hereby already assign all claims to which they are entitled from further sale to third parties to boho möbelwerkstatt GmbH in the amount invoiced to them. Boho möbelwerkstatt GmbH hereby accepts the assignment.
9.7 The purchaser shall provide boho möbelwerkstatt GmbH all necessary information regarding the assigned claims upon request, and submit a written assignment declaration. After the assignment, the company is entitled to collect the claims, and likewise obligated to promptly pay the received funds to boho möbelwerkstatt GmbH in the amount of boho möbelwerkstatt GmbH's open claims against the company. Boho möbelwerkstatt GmbH reserves the right to collect the claims itself, if the company (customer) does not properly fulfil its payment obligations and falls into default of payment.
10.1.1 boho möbelwerkstatt GmbH shall guarantee verified defects in goods either through a repair or a replacement delivery for customers who are companies in the sense of clause 1.4.
10.1.2 In return, consumers may choose whether supplementary fulfilment shall take the form of repair or a replacement delivery. The type of supplementary fulfilment selected may only be rejected if it would be associated with an unreasonable expense.
10.2 If supplementary fulfilment is not successful, then the customer may choose whether to request a reduction of the purchase price or withdraw from the agreement. The customer shall not be entitled to withdraw from the agreement, however, for minor defects.
10.3.1 The warranty term for customers who are companies in the sense of clause 1.4 shall be one year from the date of acceptance.
10.3.2 The warranty term for consumers shall be two years from the date of acceptance.
10.4. Customers who are companies in the sense of clause 1.4 are obligated to promptly inspect the delivered goods for deviations in quality or quantity, and to notify boho möbelwerkstatt GmbH of any defects found within one week of receiving the goods in writing; otherwise, they may not assert any warranty claims. Boho möbelwerkstatt GmbH must be notified in writing of hidden defects within one week from when they are discovered. Prompt delivery of the notification shall be considered as fulfilling this deadline.
10.5 Further claims by the ordering party for damages beyond those outlined in clause 10.4 due to breaches of duty by the seller, their statutory representative or agents can only be asserted (except in cases of injury to life, body or health) if the breaches of duty were the result of intentional actions or gross negligence.
10.6 The seller shall not be liable for any defects if the purchaser is in default of payment, or if the purchaser or third parties carry out repairs or other modifications to the delivered goods without the approval of boho möbelwerkstatt GmbH.
10.7 The same conditions apply to replacement pieces as to the original delivery.
10.8 Liability for breaches of duty related to guaranteed characteristics of the object of purchase remains unaffected; if boho möbelwerkstatt GmbH has not expressly designated them as such, the described characteristics are not considered guaranteed in the sense of Sec. 444 BGB (German Civil Code).
10.9 boho möbelwerkstatt GmbH shall only be liable for slight negligence if there was a breach of duty and the duty is particularly significant for achieving the purpose of the agreement. In this case, liability shall be limited to the damages that are typically expected within the scope of this agreement. boho möbelwerkstatt GmbH shall not be liable for completely atypical or unforeseeable damages.
10.10 The above paragraphs 10.8 and 10.9 shall not apply to claims incurred due to malicious actions, or for claims under the Product Liability Act and liability for damages to life, body and health.
10.11 If boho möbelwerkstatt GmbH's liability under these General Terms and Conditions is excluded or restricted, then this also applies to the personal liability of its employees, executives, representatives, and agents.
11. Special instructions
11.1 boho möbelwerkstatt GmbH hereby expressly informs the customer that the delivered furniture must be constructed and set up in accordance with the operating manual. In particular, all items and products delivered by boho möbelwerkstatt GmbH must be stored in a dry place. They may not come into contact with any materials containing solvents.
11.2 If the purchaser does not follow the set-up instructions, or if the purchaser makes independent modifications to the products delivered by boho möbelwerkstatt GmbH, then any warranty from boho möbelwerkstatt GmbH is null and void, unless the purchaser can believably prove that one of these circumstances caused the defect.
11.3 The purchaser hereby undertakes to return the goods about which it is submitting a complaint to boho möbelwerkstatt GmbH upon request for an inspection. Goods must be in the same condition they were upon delivery.
11.4 The parties agree that boho möbelwerkstatt GmbH shall not be liable for advertising statements by third parties (such as manufacturers in the sense of Sec. 4 para. 1 and 2 of the Product Liability Act) or their assistants regarding the properties of the purchased goods, nor liable for any certain labelled properties of the goods, unless boho möbelwerkstatt GmbH's failure to be aware of these advertising statements was due to its own intentional actions or gross negligence.
Goods may not be sold without our applied trademarks. Furthermore, the ordering party is prohibited from using our trademarks in any manner. Our claims shall remain our property, even after full payment has been made.
13. Data processing and data protection
Protecting customers’ personal data is very important to boho möbelwerkstatt GmbH. Therefore, boho möbelwerkstatt GmbH takes appropriate measures to prevent unauthorised access to and misuse of customers’ personal data.
Please refer to the boho möbelwerkstatt GmbH Data Privacy Notice, which the customer can access here.
Boho möbelwerkstatt processes and uses the customer's data for the purpose of carrying out the agreement and in the ongoing course of the customer relationship.
The customer is informed that their will be is collected, processed and used on a voluntary basis. Customers can revoke their consent to this collection, processing, etc. at any time with immediate effect for the future, without providing grounds and without suffering any negative consequences. To do so, simply send a written notice (letter, fax or e-mail) or leave a telephone message for boho möbelwerkstatt GmbH.
If the customer does exercise their right of revocation, then boho möbelwerkstatt GmbH will delete their personal data unless there are legal reasons to further process the data (such as to fulfil contractual claims, retention requirements).
The customer has the right to request information in accordance with Art. 15 EU GDPR. boho möbelwerkstatt GmbH shall provide information on what personal data they have saved on the customer, and to whom such data has been disclosed. Furthermore, the customer has the right to rectification in accordance with Art. 16 EU-GDPR, the right to deletion in accordance with Art. 17 EU-GDPR, and the right to restrict processing in accordance with Art. 18 EU-GDPR (right to block data for certain purposes). The customer has the right to receive the personal data they have provided to boho möbelwerkstatt GmbH in a structured, commonly used and machine readable format, or to request that the data be transmitted to a controller (right to portability in accordance with Art. 20 EU-GDPR). Furthermore, the customer has the right to submit complaints to a supervisory authority, the State Office of Information Security and Data Protection of North Rhine Westphalia.
14. Place of fulfilment and place of jurisdiction
14.1 The place of fulfilment for both parties is Rietberg. The place of jurisdiction is the court responsible for our company headquarters at Rheda-Wiedenbrück. This also applies to bills of exchange, checks and deeds.
14.2 The law of the Federal Republic of Germany applies, excluding international private law. The provisions of UN sales law do not apply.
14.3 If individual sections of these conditions or the other content of the agreement become invalid, this shall not affect the validity of the remaining provisions.