General Terms and Conditions for Shop Customers

General Terms and Conditions of DKL Chairs GmbH (As of January 2021)

1. Scope and Provider

These General Terms and Conditions apply to all orders placed by you in the DKL Chairs online shop of DKL Chairs GmbH, An der Ziegelei 3, 37124 Rosdorf, Germany. The range of goods in our online shop is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), commercial traders, and freelancers (e.g., dentists) who have reached the age of 18. Sales to consumers within the meaning of § 13 BGB are not conducted. There is no right of withdrawal (right of cancellation), as sales are made exclusively to the aforementioned group of customers and no consumer goods purchase is involved. Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. For companies, these General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed upon again. Any inclusion of a customer's terms and conditions that contradict our own is hereby rejected. The contract language is exclusively German.

2. Conclusion of Contract

The presentation of products in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop. By clicking the button "Place binding order" (Jetzt zahlungspflichtig bestellen), you submit a binding purchase offer (§ 145 BGB). After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order. This confirmation of receipt does not yet constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we ship the goods to you without a prior express declaration of acceptance.

3. Prices

The prices stated on the product pages include the statutory value-added tax; other price components are plus the respective shipping costs.

4. Delivery; Retention of Title

Unless otherwise agreed, delivery of the goods shall be made from our warehouse to the address specified by you. We retain ownership of the delivered goods until full payment of the purchase price. In the event of further processing or encumbrance of the delivered item, the retention of title shall continue in such a way that every claim of the customer against the third party shall pass to us upon its occurrence or shall be deemed assigned to us. If the goods delivered under retention of title are combined by the customer with another item in such a way that both essential components become part of a uniform item, we shall also acquire co-ownership of the new item in proportion to the value (invoice price) of our co-ownership share to secure our claims, likewise by way of anticipatory assignment. Third-party interventions affecting our retention of title must be reported to us immediately, providing the necessary documents. The customer is obliged to report immediately any agreements with third parties that conflict with the transfer of claims. In the event of resale of the goods delivered under retention of title, the customer is prohibited from agreeing with the second buyer that the purchase price claim due to him from the resale is non-assignable or may only be assigned with the consent of the second buyer. The customer shall bear all costs incurred by us due to repossession based on the retained title. If we make use of our claim for surrender, we are entitled – without prejudice to the customer's payment obligation – to utilize the repossessed object of purchase plus accessories to the best possible extent by way of a private sale. We undertake to release the securities to which the customer is entitled according to the above conditions at our discretion upon the customer's request, insofar as their realizable value exceeds the claims to be secured by 20%.

5. Terms of Payment; Default

Payment is made optionally by:

Invoice via advance payment

Purchase on account

PayPal and PayPal Plus

If you select the payment method "advance payment" (Vorkasse), we will provide our bank details in the order confirmation or order acknowledgement. The invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation or order acknowledgement. In the case of "purchase on account" (Kauf auf Rechnung), you shall transfer the invoice amount within 30 days of receipt of the invoice. If you are in default of payment, you are obliged to pay statutory default interest at a rate of 5 percentage points above the base interest rate. For each dunning letter sent to you after the occurrence of default, a dunning fee of € 2.50 is provided, unless a lower or higher damage is proven in the individual case.

6. Notification of Defects and Warranty

The warranty period for any defects in cases involving a consumer goods purchase contract is 12 months. In other cases, the warranty period is six months from acceptance/handover of the object of performance. For liability due to intent, the statutory period remains; § 203 BGB is excluded. However, liability for defects requires a written notification of defects by the customer to us within this period. According to § 439 BGB, the customer is initially only entitled to supplementary performance (Nacherfüllung). The customer must tolerate two attempts at supplementary performance; should the second attempt at supplementary performance also fail, the customer is entitled to reduce the agreed purchase price appropriately or, at his discretion, to withdraw from the contract. Insofar as the customer legitimately asserts a claim for damages, this is limited in accordance with Section 5 of these GTC. Excluded from the warranty are damages attributable to normal wear and tear and to overloading, misuse, neglect in care, or climatic influence. For parts and accessories used by us that are not manufactured by us, we provide a warranty only within the scope of the manufacturer's warranty provisions. Claims due to the lack of warranted characteristics remain unaffected. Returns of goods can only be made after written agreement. The return must be made free of charge to our warehouse in the original packaging and in perfect condition. According to § 439 (2) BGB, the seller shall bear the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor, and material costs. Shipment is made ex works at the customer's risk. The right of return does not exist for deliveries of goods that are not prefabricated and for the manufacture of which an individual color selection or determination by the consumer is decisive.

7. General Limitation of Liability

For claims for damages or reimbursement of expenses (hereinafter: liability for damages), regardless of the legal ground, in particular due to breach of duties arising from the obligation and from tort, the seller shall only be liable insofar as he, his legal representatives, or his vicarious agents have acted with intent or gross negligence, or if the breached duty is of essential importance for achieving the purpose of the contract (cardinal duties). An essential contractual duty is one on which the buyer relies and may also rely. Essential to the contract are, for example, the obligation to deliver and install the delivery item free of significant defects in a timely manner, as well as advisory, protective, and custodial duties intended to enable the buyer to use the delivery item in accordance with the contract or which aim to protect the life or limb of the buyer's personnel. 

In the event of a slightly negligent breach of cardinal duties, the seller's liability for damages is limited to the contract-typical, foreseeable damage. 

The exclusion of liability or the limitation of liability shall not apply insofar as the seller is mandatorily liable in the event of injury to life, body, or health or for damages under the Product Liability Act or for other reasons. A change in the burden of proof to the disadvantage of the buyer is not associated with this.

8. Transport Damage

If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and please contact us as soon as possible. Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to be able to assert claims against the transport insurance.

9. Performance

The place of performance for our deliveries and services as well as for all payments is the registered office of the company.

10. Place of Jurisdiction

The sole place of jurisdiction, if the purchaser is a merchant (Vollkaufmann), for all disputes arising from the contractual relationship, is Göttingen, Germany.