General Terms and Conditions of Sale and Delivery (GTC)

1. General information

1.1 All deliveries, services and offers of boho möbelwerkstatt GmbH are made exclusively on the basis of the following General Terms and Conditions of Sale and Delivery. With a binding order these conditions are considered as accepted.

1.2 Deviating, conflicting or supplementary general terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed.

1.3 Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without them acting in the exercise of a commercial or independent professional activity.

1.4 Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who are acting in the exercise of their commercial or independent professional activity.

  

2. Offer and conclusion of contract

2.1 The offers of boho möbelwerkstatt GmbH are non-binding. We reserve the right to make technical changes.

2.2 Orders only become legally binding with a written order confirmation by boho möbelwerkstatt GmbH. Additional agreements also require a written confirmation by boho möbelwerkstatt GmbH.

 

 3. Scope of delivery 

3.1 The scope of delivery and processing is determined exclusively by the written order confirmation.

3.2 Information on the homepage and on descriptions such as illustrations, drawings, brochures, weight, dimension and performance specifications etc. are not to be regarded as quality guarantees. Customary deviations are permitted and do not entitle the buyer to complain, unless certain dimensions and properties have been expressly promised by boho möbelwerkstatt GmbH as binding.

3.3 Non-significant changes in construction, form, design and color do not entitle to a withdrawal from the contract or a reduction of the purchase price.

  

4. Delivery period 

4.1 The delivery period shall commence upon receipt of the written order confirmation. Partial deliveries are generally permissible.

4.2 The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, we shall not perform or only perform in part. This only applies in the event that boho möbelwerkstatt GmbH is not responsible for the non-delivery.

4.3 In case of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment already made will be refunded by boho möbelwerkstatt GmbH.

4.4 The delivery times indicated by boho möbelwerkstatt GmbH are made under consideration of the delivery situation and production possibilities prevailing on the day of their indication and are generally non-binding, unless a specific delivery date or a specific delivery period has been expressly agreed between the parties as binding.

4.5 If the delivery deadline cannot be met by boho möbelwerkstatt GmbH due to force majeure, which includes, for example, war, civil unrest, confiscations, strikes, lockouts, lack of material, machine breakage, other unforeseen operational disruptions, delays in transportation, boho möbelwerkstatt GmbH is entitled to postpone the deliveries or services for the duration of the hindrance plus a reasonable start-up time. The same applies if the aforementioned obstacles have occurred at the suppliers of boho möbelwerkstatt GmbH. If the aforementioned events have a considerable extent, boho möbelwerkstatt GmbH is entitled to withdraw from the contract without the buyer being able to assert claims against boho möbelwerkstatt GmbH. The above also applies if such an event occurs during an already existing delay.

4.6 The customer will be informed promptly about a delay in delivery. Delays in delivery of more than three months entitle the purchaser to withdraw from the contract. Claims for damages due to delayed delivery are excluded, unless there is a delay and boho möbelwerkstatt GmbH is responsible for this due to gross negligence or intent.

 

5. Transportation and packaging 

5.1 The products delivered by boho möbelwerkstatt GmbH are delivered in packaging which is not returnable.

5.2 The shipment is at the expense of the buyer. Transport route and means of transportation are determined by boho möbelwerkstatt GmbH, unless the buyer orders a specific transport route at his own risk. Costs of transport insurance, loading and transportation as well as other expenses caused by the delivery have to be borne by the buyer. The boho möbelwerkstatt GmbH is not liable for the cheapest shipment if this is done according to the buyer's instructions.

5.3 boho möbelwerkstatt GmbH is entitled, but not obliged, to take out transport insurance at the buyer's expense.

5.4 1 For buyers who are consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the buyer upon delivery of the goods.

5.4.2 In the case of buyers who are entrepreneurs (see definition in Section 1.4), the risk of accidental loss and  accidental deterioration of the goods sold shall pass to the buyer upon handover, in the case of sales shipment  upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

5.4.3 If the Buyer is in default of acceptance, this shall be deemed equivalent to handover.

5.5 If the buyer is in default of acceptance, boho möbelwerkstatt GmbH is entitled to demand compensation for the damage incurred. If the ordered goods are not accepted after notification of readiness for dispatch, boho möbelwerkstatt GmbH is nevertheless entitled to demand the agreed payment.

  

6. Price and payment 

6.1 Our prices valid on the day of delivery including the legal value added tax are decisive. The costs for packaging and delivery are added.  

6.2 Unless otherwise agreed in writing, delivery shall be ex our warehouse.

6.3 The buyer is generally obliged to pay within 10 days of receipt of the goods and the invoice, unless the parties expressly agree a different payment term. After expiry of this period, the buyer shall be in default of payment. 

6.4 Bills of exchange are only accepted by special agreement, bills of exchange and checks are only accepted on account of payment and free of charge for us. Boho möbelwerkstatt GmbH is not liable for punctual presentation and protesting of bills of exchange.

6.5 Discounts may only be deducted if they have been confirmed in writing by boho möbelwerkstatt GmbH.

6.6.1 A buyer who is a consumer has to pay interest of 5% above the base interest rate during the delay. 

6.6.2 A buyer who is an entrepreneur within the meaning of Clause 1.4 shall pay interest on the debt at a rate of 9% above the prime rate during the period of default. Boho möbelwerkstatt GmbH reserves the right to claim higher interest on arrears from the entrepreneur.

6.7 Credit commitments and payment terms can be revoked by boho möbelwerkstatt GmbH at any time for an important reason. In case of insolvency of a buyer, boho möbelwerkstatt GmbH is entitled to demand advance payment or to withdraw from the contract.

6.8 The buyer can only terminate a contract with the consent of boho möbelwerkstatt GmbH. In the event of a termination, boho möbelwerkstatt GmbH is entitled to demand the agreed purchase price less saved expenses, but at least 20% of the agreed price. The buyer reserves the right to prove a lower damage.

 

 7. Retention and offsetting 

The buyer can only offset claims of boho möbelwerkstatt GmbH or assert a right of retention if the counterclaim of the buyer is undisputed or has been legally established or has been expressly recognized by boho möbelwerkstatt GmbH.

 

8. Right of withdrawal for consumers (instruction) 

Cancellation policy

Consumers have a fourteen-day right of withdrawal.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. Table tops that are screwed to the table frame are explicitly excluded from this right of withdrawal.

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 possession of the last partial shipment or the last item.

To exercise the right to cancel, you must inform us (boho möbelwerkstatt GmbH, Industriestraße 45, 33397 Rietberg, Deutschland, info@boho-moebel.de, Phone: +49 5244 9789030) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To comply with the withdrawal 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 withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We shall bear the costs of returning the goods. 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 their condition, properties and functionality.

Special notes

If you finance this contract with a loan and later revoke it, you are no longer bound by the loan agreement if both contracts form a single economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our cooperation with regard to the financing. If we have already received the loan when the revocation takes effect, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual obligation as far as possible, make use of your right of withdrawal and also withdraw from the loan agreement if you are also entitled to a right of withdrawal for this.

8.1 Supplementary right of return for consumers ("60-day trial")

We grant customers who are consumers (see definition below) a supplementary right of return beyond the statutory withdrawal period of 14 days when purchasing a product. If you are not satisfied with the delivered product, you can request a return by e-mail to info@boho-moebel.de or by post within 60 days of receipt of the goods. Table tops that have been screwed to the table frame are explicitly excluded from this supplementary right of return for consumers.

The return shipment (within Germany except islands) is free of charge.

Once we have received the goods, we will refund the full purchase price.

The supplementary right of return exists in any case in addition to your statutory right of withdrawal and does not affect any warranty claims. If you make use of your statutory right of revocation or if you declare the request for return within the statutory revocation period (see above), the provisions on the consequences of exercising the statutory right of revocation shall apply in deviation from the above provisions. For details, please refer to the withdrawal policy (see above).

Definition of consumer
Consumers are natural persons with whom a business relationship is entered into without them acting in the exercise of a commercial or independent professional activity. 

9. Retention of title 

9.1 All purchased items remain the property of boho möbelwerkstatt GmbH until full payment of all liabilities arising from the purchase contract. The retention of title also applies to entrepreneurs for other claims which boho möbelwerkstatt GmbH has against the buyer from its current business relations.

9.2 boho möbelwerkstatt GmbH will release the securities to which it is entitled upon request at its discretion, insofar as the value of the securities exceeds the claims of boho möbelwerkstatt GmbH by more than 20%

9.3 Furthermore, the so-called extended retention of title is agreed. If the buyer processes the goods, boho möbelwerkstatt GmbH acquires co-ownership of the new item in proportion to the value of the delivered goods.

9.4 For the duration of the retention of title, the object of purchase is to be insured by the buyer against destruction, damage and loss at the request of boho möbelwerkstatt GmbH with the proviso that the rights from this insurance are exclusively due to boho möbelwerkstatt GmbH. The buyer is free to choose the insurer.

9.5 As long as the retention of title exists, the buyer must manage the goods carefully and refrain from any disposal, in particular transfer of ownership, pledging and transfer of possession.

9.6 The commercial buyer is entitled to resell the goods in the ordinary course of business. He already now assigns to boho möbelwerkstatt GmbH all claims in the amount of the invoice amount, which he is entitled to through the resale against a third party. The boho möbelwerkstatt GmbH accepts the assignment.

9.7 Upon request, the buyer must provide boho möbelwerkstatt GmbH with all requested information about the assigned claim and submit a written declaration of assignment. After the assignment, the entrepreneur is authorized to collect the claim and at the same time obliged to immediately transfer the amount received in the amount of the outstanding claims to boho möbelwerkstatt GmbH. The boho möbelwerkstatt GmbH reserves the right to collect the claim itself as soon as the entrepreneur (customer) does not properly fulfill his payment obligations and is in default of payment. 

 

10. Warranty 

10.1.1 For customers who are entrepreneurs in the sense of clause 1.4, boho möbelwerkstatt GmbH provides warranty for proven defects of the goods initially at its discretion by repair or replacement. 

10.1.2 Consumers, on the other hand, have the choice of whether the supplementary performance is to be carried out by repair or replacement. The type of subsequent performance chosen may only be refused if it involves disproportionate expense.

10.2 If the supplementary performance fails, the customer may, at his discretion, demand a reduction in the purchase price or withdraw from the contract. However, the customer shall not be entitled to withdraw from the contract in the case of only minor defects.

10.3.1 The warranty period for customers who are entrepreneurs within the meaning of Clause 1.4 is one year from the date of acceptance.

10.3.2 For consumers, the warranty period is two years from the date of acceptance.

10.4. customers who are entrepreneurs within the meaning of clause 1.4 are obliged to inspect the delivered goods immediately for quality and quantity deviations and to notify boho möbelwerkstatt GmbH in writing of recognizable defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to boho möbelwerkstatt GmbH in writing within a period of one week from discovery. Timely dispatch is sufficient to meet the deadline. 

10.5 Further claims of the customer for damages due to breaches of duty by the seller, his legal representative or his vicarious agent, other than those codified in section 10.4, can only be asserted if the breaches of duty are due to intent or gross negligence, unless they involve injury to life, limb or health.

10.6 Any liability for defects is void as long as the buyer is in default or if repairs or other changes have been made to the delivered goods by the buyer or a third party without the consent of boho möbelwerkstatt GmbH.

10.7 The same conditions apply for the delivery of replacement items as for the original delivery.

10.8 The liability for a breach of duty due to guaranteed characteristics of the object of purchase remains  unaffected; if quality specifications are not expressly designated as such by boho möbelwerkstatt GmbH, these do not constitute guaranteed characteristics within the meaning of § 444 BGB.

10.9 boho möbelwerkstatt GmbH is only liable for slight negligence if an obligation is violated, the observance of which is of particular importance for the achievement of the purpose of the contract. In this case, the liability is limited to such damages that are typically to be expected in the context of this contract. For completely untypical or unforeseeable damages boho möbelwerkstatt GmbH is not liable.

10.10 The above paragraphs 10.8 to 10.9 do not apply to claims that have arisen due to fraudulent behavior, as well as for claims under the Product Liability Act and for liability for damages to life, health and body.

10.11 As far as the liability of boho möbelwerkstatt GmbH is excluded or limited according to these general terms and conditions, this also applies to the personal liability of employees, workers, staff, representatives and vicarious agents of boho möbelwerkstatt GmbH.

 

11. Special notes 

11.1 boho möbelwerkstatt GmbH expressly points out to the customer that the delivered furniture has to be assembled according to the instructions in the user manual. In particular, all articles and products delivered by boho möbelwerkstatt GmbH must be stored in a dry place. They must not come into contact with solvents.

11.2 If the buyer does not follow the instructions for assembly or makes changes to the products delivered by boho möbelwerkstatt GmbH himself, any warranty by boho möbelwerkstatt GmbH is void if the buyer cannot credibly disprove that only one of these circumstances has caused the defect.  

11.3 At the request of boho möbelwerkstatt GmbH, the buyer undertakes to return the goods complained about to boho möbelwerkstatt GmbH in the condition in which they were delivered for the purpose of inspection.

11.4 The parties agree that boho möbelwerkstatt GmbH is not liable for the advertising statements of third parties (e.g. manufacturers in the sense of § 4 para. 1 and 2 of the Product Liability Act or their assistants) about the quality of the purchased item or with regard to the labeling about certain properties of the item, unless the ignorance of these advertising statements itself is based on intent or gross negligence of boho möbelwerkstatt GmbH.

 

12. Trademarks 

The goods may not be sold without our trademarks. Furthermore, the customer is prohibited from using our trademarks in any way. Our clichés remain our property even after full payment.

 

13. Data processing and data protection 

The protection of the customer's personal data is very important to boho möbelwerkstatt GmbH. Therefore, boho möbelwerkstatt GmbH takes appropriate measures to prevent unauthorized access to the customer's personal data and misuse. 

Reference is hereby made to the data protection information of boho möbelwerkstatt GmbH, which the customer can access here.

Boho möbelwerkstatt processes and uses the customer's data for the execution of the contract and for the ongoing maintenance of the customer relationship.

The customer is informed that the collection, processing and use of his data is voluntary. The customer can revoke his consent at any time with immediate effect for the future without giving reasons and without any adverse consequences for him. A written notification (letter, fax or e-mail) or a telephone message to boho möbelwerkstatt GmbH is sufficient for this purpose.  

If the customer makes use of his right of revocation, boho möbelwerkstatt GmbH will delete his personal data, provided that there is no legal basis for the processing of the data otherwise (e.g. fulfillment of contractual claims, storage obligations).

The customer has the right to information according to Art. 15 EU-DSGVO. The boho möbelwerkstatt will provide him with information about which of his personal data is stored and to whom it may be passed on. Furthermore, the customer has the right to rectification in accordance with Art. 16 EU GDPR, the right to erasure in accordance with Art. 17 EU GDPR and the right to restriction of processing in accordance with Art. 18 EU GDPR (right to blocking for certain purposes). The customer has the right to receive their personal data that they have provided to boho möbelwerkstatt GmbH in a structured, commonly used and machine-readable format or to request that it be transferred to a controller (right to portability in accordance with Art. 20 EU GDPR). The data subject also has the right to lodge a complaint with the supervisory authority, the State Office for Information Security and Data Protection of North Rhine-Westphalia.

 

14. Place of performance and jurisdiction 

14.1 The place of performance for both parties is Rietberg. The place of jurisdiction is the court responsible for our registered office in Rheda-Wiedenbrück. This shall also apply to proceedings involving bills of exchange, checks and documents.

14.2 The law of the Federal Republic of Germany shall apply to the exclusion of international private law. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

14.3 The invalidity of individual parts of these terms and conditions or the other content of the contract shall not affect the validity of the remaining provisions.