Terms and Conditions

General Terms and Conditions

1 Scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Holzformen_Kollektiv GbR.

By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3 Contract language, contract text storage
The language(s) available for the conclusion of the contract: German

We store the text of the contract on our systems, but these are not accessible to you.

4. terms of delivery
4.1 Delivery area
We deliver within Germany.

4.2 Delivery options
We ship the products to the delivery address specified in the order process.

In principle, you have the option of collecting the products from Holzformen_Kollektiv GbR, Flinsberger Straße 4, 37308, Heilbad Heiligenstadt during the following business hours: 7 working days

5. payment
The following payment methods are available in our shop.

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card, debit card
You enter your credit or debit card details during the ordering process. Your card will be debited immediately after placing the order.

Alipay
In order to be able to pay the invoice amount via the payment service provider Alipay (Europe) Limited S.A, 9 rue du Laboratoire, L-1911 Luxembourg (‘Alipay’), you must be registered with Alipay, legitimise yourself with your access data if necessary and confirm the payment instruction. The payment transaction is carried out by Alipay immediately after the order is placed. You will receive further instructions in the order process.

giropay
In co-operation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M., we offer the payment method giropay. In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the order process.

Giropay can offer registered giropay customers, selected according to their own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with giropay. You can find further information on this in your giropay account.

iDeal
To be able to pay the invoice amount via the payment service provider Currence iDEAL B.V., Beethovenstraat 300, 1077 WZ Amsterdam, The Netherlands (‘iDeal’), you must have a bank account with a Dutch credit institution that is activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.

paydirekt
In co-operation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M., we offer the payment method paydirekt. In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Paydirekt can offer registered paydirekt customers selected according to their own criteria further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with paydirekt. You can find further information on this in your paydirekt account.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the order process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.

Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful credit check.

6. right of cancellation
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.

7 Retention of title
The product remains our property until full payment has been received.
For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise responsible for carrying out the shipment.

9 Warranty and guarantees
9.1 Warranty for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortened time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of wilful or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note to merchants

Notice to merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10 Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health,
in the event of wilful or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act applies.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The out-of-court dispute resolution centre for consumers and entrepreneurs e. V., Hohe Straße 11, D-04107 Leipzig, www.streitbeilegungsstelle.org is responsible.

12. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.