General terms and conditions
1. General / Scope
1.1 The following General Terms and Conditions (GTC) also contain legal information
on the rights under the regulations on contracts in distance selling and electronic commerce.
They apply to all contractual relationships between Holzagentur Thiele GmbH, Tippelsbergerstraße 56,
44807 Bochum (Seller) and a consumer or entrepreneur (Customer), which are concluded via the online shop on www.holzagentur-thiele.de.
The General Terms and Conditions shall apply to al contracts concluded between the Seller and the Customer. The version valid at the time of conclusion of the contract shall be authoritative in each case.
The inclusion of terms and conditions of the customer that conflict with or deviate from these GTC
is hereby objected to, unless the parties expressly agree otherwise.
The following GTC shall also apply if the delivery to the customer is carried out without reservation
in the knowledge of terms and conditions of the customer that conflict with or deviate from these GTC.
The contract language is German.
1.2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction
for purposes which can predominantly be attributed neither to his commercial
nor to his independent professional activity (§ 13 BGB).
1.3 An entrepreneur is defined as a natural or legal person
or a partnership with legal capacity who, when concluding a legal transaction,
acts in the exercise of his or her commercial or self-employed professional activity (§ 14 BGB).
2. Subject matter of the contract / conclusion of the contract
2.1. The subject of the contract is the sale of goods.
The essential characteristics of the goods result from the descriptions of the articles offered.
The customer is asked to note and understand
that wood is a naturally grown material
which can react to changes in (air) humidity and temperature and swell or shrink as a result.
This can lead to a change in volume and slight deformation of the wood
and thus to slight deviations in the dimensions of the respective wooden article,
In addition, the through-dyed wood can change colour due to exposure to sunlight as the colours are not UV stable and it is a natural product.
The birch, Betula sp., naturally has small knots, growth defects as well as small black knobs on its mostly uniformly light surface. In order to improve the overall appearance and to act ecologically, these natural defects are patched, punched out and replaced by a clean piece of birch. Any differences in colour that may occur as a result of this change do not constitute grounds for complaint. To make even better use of our material, the birch veneers are joined lengthwise. These hardly noticeable joints are also not to be regarded as defects and are excluded as grounds for complaint. The lengthening of the veneers serves exclusively the economic utilisation of the available material.
2.2 The presentation of the products in the online shop does not constitute a legally binding offer
to conclude a purchase contract on the part of the seller,
but an invitation to submit a binding offer by the customer.
2.3 The customer can initially place the desired item in the virtual shopping basket of the online shop without obligation by clicking on the corresponding
In the shopping cart, the customer is provided with an overview the selected items and the costs (purchase price, VAT, shipping costs).
In the further course of the ordering process, the customer is requested to provide his personal data
(first name, surname, address) and his contact details (telephone number, e-mail address),
insofar as these data have not already been stored in the customer account. The mandatory details are marked with an *.
Next, the customer can select the desired payment method.
After confirming the General Terms and Conditions as well as the cancellation and data protection provisions,
the customer can submit a binding offer to purchase the item(s) in the shopping cart by clicking the button that concludes the ordering process.
The ordering process is thereby completed.
Before completing the ordering process, the customer can correct any input errors,
e.g. by returning to the previous offer page by pressing the "Back" button of his Internet browser.
There, new entries can be made in the input fields and previous input errors can be corrected using the mouse and keyboard.
To cancel the order process, the customer can also close the browser window and call up the offer page again later.
The customer can delete items in the shopping basket at any time
by clicking on the "X" button
next to the item description.
The customer can also place his order by post, by telephone or electronically
2.4. After receipt of the order, the customer will receive an order confirmation from the seller by e-mail.
in which the seller informs the customer of the payment modalities (the prerequisite for this is the provision of a valid a valid e-mail address).
The customer also receives the General Terms and Conditions as an attachment to the order confirmation.
With this acceptance of the offer and thus the conclusion of the contract with the seller.
The receipt of the order confirmation by the customer is decisive.
After receipt of the order, the customer receives an automatic confirmation of receipt by e-mail
and, in the the General Terms and Conditions (a prerequisite for this is the provision of a valid email address).
The confirmation of receipt does not constitute an acceptance of the offer in the legal sense,
but only serves to inform the customer of the receipt of his order.
he seller declares acceptance of the customer's offer by e-mail
by means of a separate declaration of acceptance (order confirmation).
If agreed, the customer shall receive the payment information required for the payment together with the
2.5. In the event that the ordered goods are not available,
the Seller reserves the right to refuse acceptance of the offer.
The seller shall inform the customer of this circumstance without delay.
2.6. The text of the contract (with information on the type of item, purchase price, date of purchase, etc.) will be stored on the Seller's internal system after conclusion of the contract.
However, the stored contract text will not be made accessible to the customer.
The customer can make an independent backup of the order process,
for example by making a screenshot or by printing out the page.
3. Prices / Terms of Payment
3.1 All prices of the Seller are stated in euros. They represent net prices without the applicable German statutory value added tax.
3.2. Shipping costs in addition to the purchase price are not included in the purchase price.
The customer has to bear the shipping costs,
unless a delivery free of shipping costs was promised in the respective item description.
The amount of the shipping costs can be viewed via a correspondingly marked button in the respective offer
and is also shown separately during the ordering process.
3.3. The payment methods available to the customer
are shown in the respective item description and in the order process.
3.4. Unless otherwise stated in the available payment methods,
the purchase price is due for payment immediately after conclusion of the contract.
3.5. If the payment method "direct bank transfer" (prepayment) is selected,
the goods ordered by the customer will not be dispatched until the customer's payment
has been received in the bank account specified by the seller in the order confirmation.
3.6. The goods shall not be deemed to have been paid for until the Seller has unrestricted access to the amount.
If the customer is in default, the seller shall be entitled to demand interest on arrears at the statutory rate.
The proof of higher damages by the seller is permissible.
The customer shall be at liberty to prove that the seller has incurred no damage or significantly less damage.
Delivery will only be made within the delivery area indicated on the Seller's website and will (unless otherwise agreed) be made to the delivery address indicated by the Customer when placing the order.
The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective offer.
The delivery date can be individual and results from the respective offer or the order overview of the seller.
The delivery period begins on the day after conclusion of the contract.
If advance payment has been agreed,
the delivery period shall commence at the time of the customer's payment instruction.
If it is agreed with the customer
that, in the case of orders for several goods with different delivery times,
the goods are to be combined and delivered in a single consignment,
the delivery time shall be determined by the item with the longest delivery time.
It should be noted that deliveries are generally not made on Sundays and public holidays.
If the last day of the delivery period falls on a Sunday or a public holiday recognised by the state at the place of delivery,
the next working day shall take the place of this day.
4.2. If it is not possible to deliver the goods to the delivery address provided by the customer
(e.g. because the customer provided an incorrect address when placing the order),
the seller may demand reimbursement from the customer for the costs incurred in connection with the unsuccessful delivery attempt.
There is no obligation to reimburse costs
if the customer is not responsible for the reasons that led to the delivery failure
or if the customer was only temporarily prevented from accepting the goods.
4.3. If shipment to a country outside the European Union has been agreed,
additional costs may be incurred (e.g. customs duties).
These costs will not be invoiced by the seller,
but are to be paid by the customer directly to the office responsible for collection.
Details on these costs and the handling can and should be requested from the respective competent authority of the destination state.
5. Reservation of ownership
5.1. If the customer is a consumer and the seller makes advance payment
for the delivery of the goods (in the case of purchase on account),
the goods shall remain the property of the seller until the customer has paid the purchase price in full.
5.2. If the customer is an entrepreneur, the following shall apply in addition:
The Seller shall retain title to the goods until all claims arising
from the ongoing business relationship with the customer have been settled in full.
6. Warranty, Notice of defects
6.1. The statutory law on liability for defects shall apply.
6.2. If the purchase involves the acquisition of a new item by a consumer, the liability period for defects in this item shall be 2 years.
For entrepreneurs, this liability period is limited to 1 year.
The statutory period of limitation shall apply.
6.3. Excluded from the above provisions are claims of consumers due to material defects
as well as claims for damages due to injury to life, body or health
and/or claims for damages due to damage caused by gross negligence or intent on the part of the Seller.
In these cases, the statutory provisions shall apply.
6.4. If the customer is a consumer, he is requested to check the ordered goods for completeness,
obvious defects and transport damage as soon as possible upon delivery
and to report any defects to the seller and, if applicable, also to the delivering shipping service provider/forwarding company immediately.
If the customer does not comply with this request,
this shall have no influence on the existence of his statutory liability rights for defects.
6.5. If the purchase is a commercial transaction for both parties within the meaning of § 343 of the German Commercial Code (HGB),
the customer as purchaser shall be subject to the statutory obligation to give notice of defects within the meaning of § 377 of the German Commercial Code (HGB).
According to this, the buyer must inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify the seller immediately.
If the buyer fails to notify the seller, the goods shall be deemed to have been accepted, unless the defect was not recognisable during the inspection.
If such a defect is discovered later, the notification must be made immediately after discovery.
Otherwise, the goods shall be deemed to have been approved also in view of this defect,
The timely dispatch of the notification shall be sufficient to preserve the rights of the buyer.
If the seller has fraudulently concealed the defect,
he may not invoke these provisions.
7. Right of withdrawal
In principle, consumers have a fourteen-day right of revocation.
The customer can inform himself about the details of the right of revocation in the separate revocation instruction.
8.1. The Seller shall be liable in each case without limitation for damages arising from injury to life, body or health,
in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect,
in the event of the assumption of a guarantee for the quality of the object of purchase,
in the event of damages under the Product Liability Act and in all other cases regulated by law.
8.2. Insofar as essential contractual obligations are affected, the Seller's liability in the event of slight negligence shall be limited to the foreseeable damage typical for the contract.
Material contractual obligations are material obligations which arise from the nature of the contract
and the breach of which would jeopardise the achievement of the purpose of the contract,
as well as obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract,
the fulfilment of which makes the proper performance of the contract possible in the first place
and compliance with which the customer may regularly rely on.
8.3. In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of obligations.
In this case, the personal liability of the legal representatives,
vicarious agents and employees of the seller is also excluded.
9. Place of performance, place of jurisdiction, applicable law
If the customer is a merchant, a legal entity under public law or a special fund under public law,
the place of performance for all services arising from contractual relations
with the seller shall be the seller's place of business.
9.2. If the customer is a merchant, a legal entity under public law or a special fund under public law,
the place of jurisdiction for all disputes arising directly or indirectly from contractual relations
with the seller shall be the seller's place of business.
The same shall apply if the customer does not have a general place of jurisdiction within the Federal Republic of Germany
or the territory of the European Union or if his place of residence or habitual abode
is not known at the time the action is brought.
The Seller's right to invoke a different court at another legally established place of jurisdiction
shall remain unaffected.
9.3. The law of the Federal Republic of Germany shall apply exclusively
to all contractual relationships between the Customer and the Seller,
to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
However, this choice of law shall only apply to consumers to the extent that the protection granted is not withdrawn by mandatory provisions
of the law of the country in which the consumer has his habitual residence.
10. Alternative Dispute Resolution
The European Commission provides a platform (ODR platform) for the online settlement of consumer disputes.
This platform can be accessed via the external link http://ec.europa.eu/consumers/odr.
In the event of consumer disputes, the seller can be contacted
via email@example.com and the other channels mentioned in the imprint.
The seller is not obliged or willing to participate in a dispute resolution procedure
before a consumer arbitration board.