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Conditions

General terms and conditions of business

 

Provider:
Neofacture Furniture GmbH
Hannoversche Strasse 2c
38448 Wolfsburg
Fax: +49 5361 3034 18
eMail: info@neofacture.de
Telephone: +49 5361 30 34 0

​

- hereinafter referred to as "Neofacture" -

  1. General/Applicability

These general terms and conditions apply to all deliveries and services provided by Neofacture, provided they are contractually bound and the offer text does not expressly provide otherwise.

  1. Regulations and information regarding the conclusion of the contract

  2. a) General
    All representations on the Neofacture website merely represent a non-binding invitation for the customer to submit offers.

  3. b) Technical steps that lead to the conclusion of the contract and the conclusion of the purchase contract when ordering via the online shop
    To order one or more items via the online shop, the items must first be marked for order by clicking on the “shopping cart” link or button. In the “shopping cart” (which you can access at any time via a link in the shop) you will be guided through the ordering process by explaining each step and asking for the necessary information.

The ordering process is completed when the customer finally clicks on “buy now”.

This is the customer's offer to conclude the contract, which Neofacture can accept within two working days.

Neofacture accepts the offer through a separate order confirmation or delivery of the goods.

The order confirmation itself does not constitute acceptance of the offer unless it includes a request for payment.

The purchase contract is concluded upon acceptance by Neofacture.

  1. c) Conclusion of contract when ordering by telephone, email, fax or letter
    If expressly offered in the online shop, the contract is concluded when the customer orders by telephone, email, fax or letter as follows:

The customer declares orally or in writing his binding intention to purchase the precisely named items on offer in the online shop. This is the customer's offer to conclude the contract, which Neofacture can accept within five days of receipt.

Neofacture accepts the offer by sending the order confirmation or delivering the goods. That seals the buying contract.

  1. d) Storage and access to the contract text
    Neofacture saves the contract text and sends the customer the order data and the contract conditions by email. Neofacture thus gives the customer the opportunity to retrieve the contract terms when the contract is concluded and to save them in a reproducible form. Access to the contract texts stored at Neofacture - with the exception of the freely accessible General Terms and Conditions - is only possible for registered customers via the customer account.

  2. e) Detecting and correcting input errors
    In order to identify and prevent input errors during the ordering process, the customer is shown an overview page for checking before the effective order is placed, with the help of which he can check all the details of the order and enter the data entered in the input fields themselves or by using the "Back" button of the Internet browser can correct.

  3. f) Available languages
    The contract language is German.

  4. Prices and payment terms

The prices displayed apply at the time of ordering. Packaging and shipping costs, if any, will be charged additionally and reported to the customer in a timely manner. In the case of an order from abroad, it cannot be ruled out that your bank or country will charge Neofacture unknown costs or taxes, such as (import) duties or processing fees for the payment. These are not costs that are paid or invoiced via Neofacture.

Neofacture accepts all payment methods specified on the website. Neofacture will issue the customer an invoice for the ordered goods, which will be sent to the customer in text form at the latest upon delivery of the goods.

The total purchase price of the ordered goods is payable depending on the payment method chosen.

  1. Packaging and shipping costs

Packaging and shipping costs, if any, will be communicated to the customer in good time before the ordering process is initiated.

  1. Delivery and delivery times

The goods are delivered to the customer by third-party providers (delivery services).

The delivery times can be found either in the product description or in the shipping information available separately in the shop.

Partial deliveries are permitted unless the customer clearly has no interest in this or it is clearly unreasonable for him to do so. Reasonableness is given when:

  1. a) the partial delivery can be used by the client within the scope of the contractual intended purpose,
    b) delivery of the remaining ordered goods is ensured and
    c) the customer does not incur any significant additional effort or additional costs as a result or the seller agrees to assume these costs.

The costs for transport and packaging, if any, will only be charged once for partial deliveries.

  1. Transfer of risk

If the customer is an entrepreneur, i.e. if he is acting in the exercise of his commercial or independent professional activity when concluding the contract, the risk of accidental loss and accidental deterioration of the goods arises with the handover, and in the case of a mail order purchase with the delivery of the item to the freight forwarder or the person or institution otherwise designated to carry out the shipment to the customer.

In all other cases, the risk of accidental loss and accidental deterioration of the item sold, even in the case of a mail order purchase, only passes to the customer when the item is handed over, regardless of the shipping method chosen.

If the transport company sends the shipped goods back to us because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. If delivery free of charge has been agreed, we have included the shipping costs in the item price and charge them for the return:

  • When purchasing a sofa bed or armchair: EUR 99 including VAT.

  • When purchasing a corner sofa, big sofa: EUR 149 including VAT.

  • When purchasing a living area: EUR 189 including VAT.

This does not apply if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance .

  1. Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply if, when concluding the contract, the customer is acting in the exercise of their commercial or independent professional activity and therefore as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

Furthermore, the right of withdrawal does not apply to contracts
- for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
- for consumers, if the order is from and the shipment is to a country that is not a member of the European Union.

The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery;
- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
- to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

  1. Warranty, guarantee

There is a statutory right to liability for defects, in this respect the statutory deadlines apply.

If a guarantee is stated in the offer, the statutory liability for defects remains unaffected.

  1. Retention of title

All deliveries are subject to retention of title. The delivered goods remain the property of Neofacture until the purchase price has been paid in full.

  1. Complaint handling procedures, dispute resolution procedures

Our procedure for dealing with complaints meets the requirements of professional care. If you would like to make complaints, you can do so in writing or verbally using all of the means of communication and addresses/numbers mentioned here. A timely processing is assured.
Regardless, you can reach the European Platform for Online Dispute Resolution in Consumer Matters at the following link:
http://ec.europa.eu/consumers/odr/ (expected to only be functional from February 15, 2016)
It should be noted that the provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

  1. Place of jurisdiction, choice of law

The place of jurisdiction for all disputes in connection with the delivery transaction is the registered office of Neofacture if the customer is a merchant, a legal entity under public law or a special fund under public law.

With regard to all legal relationships arising from this contractual relationship, the contractual partners agree to the application of the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection granted to him by the mandatory regulations of the state in which he is has his habitual residence. In the latter case, the law of the country in which the consumer has his or her habitual residence applies.

  1. Information on the packaging regulations

It should be noted that Neofacture is connected to an approved dual system in accordance with legal requirements.

  1. Additional provision

In the event that a provision of these general terms and conditions is ineffective, the effectiveness of the other provisions will not be affected. This particularly applies to the contract already concluded. The statutory regulation takes the place of the invalid clause. Anything else only applies if, in this case, adhering to the contract represents an unreasonable hardship for one of the contracting parties. Then the contract is inoperative in its entirety.

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