Terms of service

Table of contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to specific requirements of the customer
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Code of conduct
14. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Marwin Wiesner, trading under "Holzmanufaktur Marwin Wiesner" (hereinafter "Seller"), shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this respect.

1.3 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or self-employed professional activity.

1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

1.5 If the customer is domiciled in Switzerland or Liechtenstein and uses as the billing and delivery address an address provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf"), the following conditions shall apply with the proviso that "MeinEinkauf" shall become the customer's contractual partner instead of the seller. In this case, the seller shall act solely as an intermediary between the customer and MeinEinkauf and shall not itself become a party to the purchase agreement. The customer shall be expressly informed of this in the seller's online shop. In this case, MeinEinkauf shall be responsible for processing the contract. In this case, the seller shall handle correspondence with the customer on behalf of MeinEinkauf. This shall also apply to correspondence in connection with any disruptions in performance, in particular when the customer asserts warranty rights.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve as the basis for the customer to submit a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by email, via the online contact form, or by telephone.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer shall be decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the customer's dispatch of the offer and shall end upon expiry of the fifth day following dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the seller stores the contract text after the contract has been concluded and transmits it to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The seller does not make the contract text accessible in any other way. If the customer has set up a user account in the seller's online shop before sending their order, the order data are archived on the seller's website and can be accessed free of charge by the customer through their password-protected user account by entering the relevant login details.

2.6 Before submitting the order bindingly via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of detecting input errors more easily may be the browser's zoom function, which enlarges the display on the screen. The customer may correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing generally takes place automatically by email. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal is set out in the seller's cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which shall be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, currency conversion fees) or import duties and taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) shall be communicated to the customer in the seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing shall be carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments shall be communicated to the customer in the seller's online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be separately informed, if applicable. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments/de available.

5) Delivery and Shipping Terms

5.1 If the seller offers shipment of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing shall be decisive.

5.2 For goods delivered by freight forwarder, delivery shall be made "free to the curb", i.e. to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply to the costs of dispatch to the customer if the customer effectively exercises their right of withdrawal. In the event of the customer effectively exercising their right of withdrawal, the provision made in this regard in the seller's withdrawal instructions shall apply to the costs of returning the goods.

5.4 If the customer acts as an entrepreneur, the risk of accidental destruction and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall generally pass to the customer or a person authorized to receive them only upon delivery of the goods. By way of derogation, the risk of accidental destruction and accidental deterioration of the sold goods shall also pass to consumers upon delivery of the goods by the seller to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the customer commissions the forwarding agent, carrier or other person or institution designated to carry out the shipment to perform the delivery and the seller has not previously specified this person or institution to the customer.

5.5 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this shall apply only if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with the diligence required. The seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed without undue delay and the consideration shall be refunded without undue delay.

5.6 If the seller offers the goods for collection, the customer may collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs shall be charged.

6) Retention of title

If the seller makes advance performance, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

7.1 If the customer acts as an entrepreneur,

• the seller shall have the right to choose the type of subsequent performance;
• in the case of new goods, the limitation period for rights relating to defects shall be one year from delivery of the goods;
• in the case of used goods, rights relating to defects shall be excluded;
• the limitation period shall not recommence if replacement delivery is made as part of liability for defects.

7.2 The limitations of liability and reductions of time limits set out above shall not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a structure in accordance with their usual manner of use and have caused its defectiveness,
• for any obligation of the seller to provide updates for digital products that may exist, in contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, the customer is requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect whatsoever on the customer's statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller shall have unlimited liability on any legal basis

• in the event of intent or gross negligence,
• in the event of an intentional or negligent injury to life, body or health,
• due to a guarantee undertaking, unless otherwise provided in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless it has unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations which, according to the content of the contract, the contract imposes on the seller in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and compliance with which the customer may regularly rely upon. Otherwise, the seller's liability is excluded unless it has unlimited liability pursuant to the preceding clause.

8.3 The foregoing liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If, under the terms of the contract, the seller owes not only delivery of the goods but also processing of the goods in accordance with specific requirements of the customer, the customer shall provide the seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant the seller the rights of use required for this purpose. The customer is solely responsible for obtaining this content and acquiring the rights to it. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that this does not infringe any third-party rights, in particular copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against claims by third parties that such third parties may assert against the seller in connection with an infringement of their rights through the seller's contractual use of the customer's content. In this regard, the customer shall also bear the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event that third parties assert claims against the seller, the customer is obliged to provide the seller without delay, truthfully and completely, with all information necessary for examining the claims and conducting a defense.

9.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates statutory or official prohibitions or public morality. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns for a specified period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") may only be redeemed in the seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if such a restriction follows from the content of the promotional voucher.

10.3 Promotional vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Multiple promotional vouchers may also be redeemed for a single order.

10.5 If the promotional voucher relates to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

10.7 The balance of a promotional voucher shall neither be paid out in cash nor accrue interest.

10.8 The promotional voucher will not be refunded if the customer returns, under their statutory right of withdrawal, goods paid for in whole or in part with the promotional voucher.

10.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Gift vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

11.2 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

11.3 The balance of a gift voucher shall neither be paid out in cash nor accrue interest.

11.4 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

13) Code of Conduct

- The seller has agreed to the terms and conditions of participation in the eCommerce initiative “Fairness in Trade”, which can be found online at https://www.fairness-im-handel.de/terms-and-conditions-of-participation/ can be viewed.

14) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.