terms and conditions
1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods concluded via the online shop of Hannah Rotthaus, Dieselstr. 30, 12057 Berlin, Germany.
The offer is directed at both consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
A business is a natural or legal person or a partnership with legal capacity that, when entering into the contract, acts in the course of its commercial or self-employed professional activity.
Any deviating terms and conditions of the customer shall not be accepted unless Hannah Rotthaus expressly agrees to their validity.
2. Contracting Party and Conclusion of the Contract
The contracting party for all orders is:
Hannah Rotthaus
Dieselstr. 30
12057 Berlin
Germany
The presentation of products in the online shop does not constitute a legally binding offer to conclude a purchase contract. Rather, it constitutes an invitation to the customer to submit a binding offer themselves.
By submitting an order via the designated button in the online shop, the customer makes a binding offer to purchase the goods placed in the shopping cart.
The purchase contract is concluded as soon as Hannah Rotthaus accepts the order by means of a separate order or confirmation of acceptance sent by email, or dispatches the goods to the customer.
After completing the order, the customer will receive an electronic confirmation. The customer should save this confirmation and retain the order details.
The text of the contract, including the GTC applicable at the time of the order, will be made available to the customer in an appropriate form.
3. Prices and Payment Terms
The prices displayed in the online shop at the time the order is placed shall apply.
All prices include statutory VAT unless expressly stated otherwise in the online shop.
Additional shipping costs may apply to the purchase price. The amount of the shipping costs will be displayed to the customer before the order is completed.
The following payment methods are offered: PayPal, bank transfer.
In the case of payment by bank transfer, the invoice amount must be transferred to the specified bank account within the period stated during the ordering process.
Where payment is made via payment service providers, their respective terms of use and payment conditions shall also apply.
4. Delivery Terms
Delivery is made exclusively within Germany.
Depending on the size and weight of the ordered goods, delivery will be carried out by a parcel delivery service or, in the case of particularly large or heavy furniture, by a freight forwarding company.
The estimated delivery time applicable in each case is stated in the respective product listing. Should the delivery time change in exceptional circumstances, the customer will be informed accordingly.
If several goods with different delivery times are ordered, delivery may be made in several shipments, provided this is reasonable for the customer.
Delivery shall be made to the delivery address provided by the customer.
Assembly of the furniture by Hannah Rotthaus is not part of the purchase contract. The furniture is supplied with assembly or installation instructions and must be assembled by the customer themselves.
The customer is responsible for ensuring that the ordered goods can be received at the delivery location and that the necessary spatial conditions for setting up the furniture are available.
5. Retention of Title
The goods shall remain the property of Hannah Rotthaus until the purchase price has been paid in full.
6. Characteristics of Wood and Natural Materials
The furniture offered is manufactured from natural materials, in particular wood. Wood is a naturally grown material and therefore exhibits individual variations.
Variations in grain, texture, knots and colour are natural characteristics of wood and do not generally constitute a defect.
Different shades and grain patterns may also occur within a single piece of furniture. The colour and appearance of the wood may likewise change as a result of exposure to light, use and natural ageing.
Product photographs in the online shop are provided for illustrative purposes. Due to differences in screen settings, colours may in particular vary slightly from the actual colour of the goods (for example, in the case of linoleum colours).
7. Assembly and Installation by the Customer
Where a piece of furniture is intended for self-assembly, the customer will receive appropriate assembly or installation instructions.
The customer must carry out the assembly in accordance with the instructions provided and observing the information and warnings contained therein.
Hannah Rotthaus shall not be liable for damage caused exclusively by the customer assembling the furniture contrary to the assembly instructions or improperly.
8. Ownership and Copyright in Images
All product photographs, texts, drawings, graphics and other content used in the online shop are protected by copyright unless expressly stated otherwise. Any use, reproduction or publication without the prior consent of Hannah Rotthaus is prohibited.
9. Statutory Liability for Defects
The statutory provisions governing liability for defects shall apply.
In the event of a defect, the customer shall generally be entitled to the statutory remedies of subsequent performance. Subject to the statutory requirements, the customer may also be entitled to rescind the contract, reduce the purchase price and claim damages.
The statutory provisions governing the sale of consumer goods shall apply to consumers.
No warranty in addition to the statutory rights relating to defects is provided.
For businesses, the following shall apply additionally: statutory obligations to inspect the goods and give notice of defects shall remain unaffected insofar as they apply to the respective contract.
10. Liability
Hannah Rotthaus shall be liable without limitation for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty.
Liability for other damages caused by intentional or grossly negligent conduct shall likewise remain unaffected.
In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typically associated with the contract.
In all other respects, liability for slightly negligent breaches of duty shall be excluded to the extent permitted by law.
The above limitations of liability shall not apply insofar as mandatory statutory provisions provide otherwise.
11. Right of Withdrawal for Consumers
Consumers generally have a statutory right of withdrawal in the case of distance contracts.
The details of the right of withdrawal, in particular the withdrawal period, the requirements for exercising the right and the consequences of withdrawal, are set out in the separate withdrawal policy.
Where no right of withdrawal exists for individual goods pursuant to statutory provisions, the consumer will be informed of this separately before or upon conclusion of the contract.
12. Returns and Return Shipping Costs in the Event of Withdrawal
In the event of a valid withdrawal, the statutory provisions shall apply. In particular, the costs of the original standard delivery borne by the consumer shall be reimbursed in accordance with the statutory provisions. The cost of returning the goods shall be borne by the customer.
13. Special Provisions for Businesses
If the customer is a business, the statutory provisions concerning the consumer right of withdrawal shall not apply.
With respect to businesses, statutory liability for defects may be restricted to the extent permitted by law.
With respect to the inspection of goods and notification of defects, the statutory provisions shall apply to businesses, in particular the commercial obligations to inspect goods and give notice of defects, insofar as applicable.
14. Dispute Resolution
Hannah Rotthaus is neither obliged nor, in principle, willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. Applicable Law
All contractual relationships between Hannah Rotthaus and the customer shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
With respect to consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
For businesses, the following shall additionally apply: to the extent permitted by law, the place of performance for all obligations arising from the contractual relationship shall be Berlin. If the customer is a registered trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be Berlin.
16. Severability Clause
Should any provision of these General Terms and Conditions be or become wholly or partially invalid, the statutory provisions shall apply in its place. The validity of the remaining provisions shall remain unaffected.
