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 hereby requested to recognize and understand that natural wood is the raw material used by the seller to produce its products. Wood is an organic natural resource that reacts to exposure to moisture and to changes in ambient temperature or humidity, and swelling or shrinkage may occur as a result. Associated minor deformation of the wood can be accompanied by changes in product volume, such that the measured dimensions may deviate slightly from the specifications contained in product descriptions. Furthermore, while the wood has been through-dyed, changes in color may result from exposure to sunlight, as the colors are not UV-stable and wood is a natural product.

Wood from birch trees (Betula sp.) naturally has small knots, irregular growth marks, and small black knobs on its mostly uniformly light-colored surface. In order to improve the overall appearance of the wood while acting in an ecological manner, natural defects may be punched out and patched with a clean piece of birch. Any color differences resulting from this process do not furnish grounds for complaint. To make better use of materials, our birch veneers are joined lengthwise. These barely perceptible joints do not represent defects, and do not furnish a basis for complaint. The veneers are lengthened exclusively to make economical use of available materials.
The seller shall do everything in its power to protect the raw materials that it processes from the effects of exposure to light, temperature, and humidity/moisture. Despite stringent precautions, the seller cannot completely guarantee the non-occurrence of the effects described above and associated material/color deviations.

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
button.
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,
vornehmen, dass er durch Betätigung des „Zurück“-Buttons seines Internet-Browsers auf die vorherige
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
by e-mail.
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
order confirmation.
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.

4. Delivery
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.
The customer is hereby requested to recognize and understand that the raw material (natural wood) used by the seller to manufacture his products (veneers, trimmed timber, etc.) may be procured from abroad. In order to meet scheduled delivery dates, the seller is dependent on the timely shipment of raw materials by suppliers. The seller has no influence on the timely shipment of raw materials. If there are delays in the supply of raw materials, the seller may not be able to meet the delivery date that was originally announced. However, the seller shall do everything in its power to meet the originally scheduled delivery date.
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. Liability
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.
The limitation of liability applies in particular to delays in performance (delay in delivery).

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.

8.4. The customer is requested to protect the products delivered by the seller from the effects of humidity/moisture, temperature, and light, as described under 2.1, and to keep the products in a protected place. The seller shall not be liable for changes to the products that occur once they pass to the customer and that are attributable to inadequate protection against the aforementioned effects.

8.5. Force majeure
Force majeure events are circumstances that are beyond the control of a party, that could not have been prevented by exercising due diligence, and that result in a party being unable to fulfill its obligations either in part, in full, or without delay. Force majeure events are often of an unforeseeable and unavoidable nature for the affected party, and are also characterized by exceptional circumstances. Force majeure events include, in particular, natural disasters, perils of the sea or sky, fire, flood, drought, explosions, sabotage, accidents, embargoes, riots, civil unrest, epidemics, pandemics (e.g. the COVID-19/SARS-CoV-2 pandemic), acts of local governments and parliamentary authorities (official bans, ordered closures), entry and exit bans, border closures, plant shutdowns, labor disputes, strikes, lockouts, unforeseeable operational disruptions, unforeseeable and unavoidable personnel shortages, unavoidable shortages of raw materials, or an inability to deliver goods for which no responsibility is borne (short-term capacity bottlenecks). Given the occurrence of a force majeure event, the contractual obligations of the affected party shall be suspended for as long as and to the extent necessary to deal with the effects of the event. If a party is prevented from rendering services by an agreed date or within an agreed period due to a force majeure event for which this party is not responsible, and if this results in delays to performance, the dates/deadlines shall be suspended until the end of the event. In such a case, the party obliged to render a performance shall not be considered in default. Both parties shall take all reasonable action within their power to prevent or minimize the damage resulting from force majeure events. If one party suffers damages attributable to delayed performance while the performance dates/deadlines are in a state of suspension, the other party shall not be liable for these damages. Given the occurrence of a force majeure event, the affected party shall immediately inform the other party thereof and provide information regarding any resulting impacts to the performance of contractual services. In addition, the affected party shall inform the other party of how long the event will last, insofar as this is foreseeable. If the affected party fails to comply with this duty to inform, this party shall not be authorized to invoke force majeure. The affected party shall inform the other party as soon as it becomes aware that the force majeure event has ended. A duty to inform the other party also arises as soon as the performance of contractual obligations is no longer impaired by the force majeure event. If the force majeure event results in either party being deprived of essential contractual services that it could justifiably trust to be fulfilled, then the affected party shall be entitled to withdraw from the contract. Unless an agreement is made to the contrary, both parties agree that either party is entitled to withdraw from the contract if the force majeure event lasts for more than 120 days.

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 info@holzagentur-thiele.de 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.