General Terms and Conditions

for contracts entered into via the online shop

between us,

form im raum moderner wohnbedarf gmbh,
Berliner Straße 60, 60311 Frankfurt am Main, Germany,

Wolfgang Seipp, Managing Director,

registered in the commercial register of the District Court of Frankfurt am Main under HRB 35030,
VAT ID: DE 114151136

Tel. +49 (0) 69-288 624  |  Fax: +49 (0) 69-297 7335  |  email: info@formimraum.com

hereinafter referred to as “form im raum” or “we, us, our” –

and

you as our customer.

hereinafter referred to as the “customer” or “you, your” –

These terms and conditions apply to all contracts regardless of whether you are a consumer, an entrepreneur, or a merchant.

 

§ 1 Applicability
(1) The business relationship between you and us is exclusively subject to the following general terms and conditions in the version applicable at the time you place your order.
(2) Any deviating, contradictory or supplementary conditions you may have do not apply unless we have expressly agreed to them.


§ 2 Conclusion of contract
(1) The presentation and marketing of products in our online shop does not represent a binding offer to enter into a sales contract with you. You can select products from the products we present there, especially accessories, and add these to your shopping basket via the “Add to basket” button.
(2) By clicking the “Submit order” button in the online shop, you are making a legally binding offer to purchase the goods from us. Your order will only be transmitted to us if you indicate your acceptance of these general terms and conditions by clicking on the “Accept the general terms & conditions” button. By doing so, these terms and conditions become an integral part of your offer to make a purchase.
(3) We will automatically confirm the receipt of your order via our online shop by sending an email, which will list your order details for your review and which you can then print out. This automated confirmation email merely documents that we have received your order and does not constitute our acceptance of your offer to make a purchase.
(4) A contract is not concluded until we accept your offer, which will come in a separate e-mail (order confirmation and invoice). We will send you the text of the contract (consisting of your order, these terms and conditions, and the order confirmation) in a durable medium either as part of this order confirmation email, a separate email to follow, or as a hard copy enclosed with your shipment. The text of the contract will be stored in compliance with data protection legislation.


§ 3 Delivery, availability of goods

(1) The delivery times indicated by us are calculated from the date we accept your order, assuming that you have paid for your purchase in advance. If no other delivery time is indicated in our online shop for the goods ordered, the delivery time is four business days.
(2) If any of the selected products are not available at the time you place an order, we will inform you immediately in the order confirmation email and indicate the delivery period that differs from that listed above. If the product is permanently out-of-stock and cannot be back-ordered, we will not accept your order and no contract will be concluded.
(3) If the product you have ordered is on back order (only temporarily out-of-stock), we will likewise notify you immediately in the order confirmation. If delivery is delayed by more than two weeks compared to the delivery period specified in the product description, you may rescind the contract. This does not affect your statutory right of withdrawal. We are also entitled to withdraw from the contract. If this occurs, we will immediately refund any payments already made.
(4) The following delivery restrictions apply: we can only deliver to customers who have their habitual domicile (billing address) in one of the following countries and who have requested delivery to that same country: Germany.


§ 4 Retention of title 

The delivered goods remain our property until full payment is received.


§ 5 Prices and shipping costs
(1) All prices indicated in our online shop include the applicable statutory VAT, but do not include any applicable shipping and handling costs.
(2) The shipping and handling costs will be displayed in the shopping basket at checkout before submitting your order. You will pay these costs unless you have exercised your legal right to withdraw from the contract. We will ship orders totalling €50.00 or more for free.
(3) All orders are shipped by post. We bear the risk of lost or damaged shipments if you are considered a consumer under the German Civil Code (BGB).
(4) You will have to pay return shipping costs if you choose to withdraw from the contract. If you have withdrawn from the contract based on your statutory right of withdrawal, you may ask us to reimburse you for any return shipping costs paid, without prejudice to the further consequences of withdrawing from the contract.


§ 6 Payment methods, off-sets, and right of retention
(1) You may pay by credit card, PayPal or Sofortüberweisung.
(2) You can change the payment method stored in your user account at any time.
(3) The purchase price is due when you receive the order confirmation. If you are more than 3 days late in paying the purchase price, you will be charged default interest set at 5 points above the base interest rate. If you are an entrepreneur, the default interest will be set at nine points above the base interest rate. Your obligation to pay default interest does not exclude our right to assert further claims for damages.
(4) You may assert a right of retention only for counterclaims arising from this same contract.
(5) You are entitled to offset our invoices only if your claims have been court-ordered or are undisputed by us. You are also entitled to offset our invoices if you have claims resulting from this same contract.


§ 7 Warranty

(1) If the delivered goods have tangible defects, you may first require that we remedy said defect or deliver a replacement product free of defects. We therefore ask that you immediately examine the delivered goods for transport damage. At our request, you will bring the goods to our retail location for our own inspection. We may refuse the remedy you have chosen if such remedy would only be possible at disproportionate cost.
(2) If the remedy under §7(1) is also defective or is found unreasonable by the customer or if we refuse to make such remedy, the customer is entitled in accordance with applicable law to withdraw from the contract, reduce the purchase price, or demand damages or reimbursement for its expenses. Any claims for damages are also subject to the specific provisions below.
(3) If you cause damage to the goods by demonstrably improper handling of the goods, our warranty obligations are excluded. Such improper handling is that which is contrary to any relevant information and instructions provided by the manufacturer, if any.
(4) Such remedy will take place at the our retail location at Berliner Straße 60, 60311 Frankfurt am Main, Germany.
(5) We offer an additional warranty for the goods we supply only if this has been expressly stated in the order confirmation of the item in question.
(6) Your right to make statutory warranty claims expires after two years from the delivery of the goods. This does not apply to claims for damages resulting from injury to life, limb, or health arising from our negligent breach of duty or the intentional or grossly negligent breach of duty by one of our agents, or to any other damages resulting from our grossly negligent breach of duty or the intentional or grossly negligent breach of duty by one of our agents.


§ 8 Liability
(1) For other damage caused by the goods other than injury to life, limb, or health, we are liable only for those damages resulting from our grossly negligent or intentional actions or a culpable violation of our essential contractual obligations. This also applies to the actions of our agents or an intentional or negligent breach of duty of our legal representative or our agents. Any further liability for damages is excluded. Our liability under the German Product Liability Act remains unaffected.
(2) Liability in the case of negligent breach of cardinal contractual obligations is limited to compensation for the typically foreseeable damage.
(3) Since constant data communication is not possible given the current state of technology, we cannot guarantee error-free and/or constantly available communication. We therefore do not accept liability for the constant and uninterrupted availability of the online system nor for technical or electronic errors during a sales event such as may occur beyond our control.
(4) The regulations of the Product Liability Act shall remain unaffected.


§ 9 Data protection
(1) We may process and store data concerning the sales contract to the extent necessary for the execution and fulfilment of the purchase contract and will retain the same for as long as required by law.
(2) We will not otherwise disclose personal customer information to third parties without your express consent, unless otherwise legally compelled to do so.


§ 10 Right of withdrawal

(1) Consumers generally have a statutory right to withdraw from mail order contracts and we must notify you of the same in accordance with the statutory pattern. §7(2) contains a model withdrawal form for you to use.

 

 

Notice of your right to withdraw

Right of withdrawal
You are entitled to withdraw from this contract within fourteen days of concluding it without stating a reason for your withdrawal.

The cancellation period comprises fourteen days from the day on which you or any third party that is not the carrier and had been appointed by you took possession of the goods.

To exercise your right of cancellation, you must inform us at:

form im raum wohndesign in frankfurt gmbh
Berliner Straße 60
60311 Frankfurt am Main, Germany
Phone +49 (0) 69-288 624  |  Fax +49 (0) 69-297 7335  |  email: info@formimraum.com

by a declaration (sent e.g. by post, email or fax) that you wish to cancel this contract. You may use the attached form, but it is not required. You can fill out and submit the sample withdrawal form or any other clear statement electronically on our website www.formimraum.myshopify.com/pages/right-of-withdrawal. If you choose to use this option, we will immediately send you confirmation (e.g. by email) that we have received your notice of withdrawal.

Provided you send your notice of withdrawal before the deadline, you will have preserved your right of withdrawal.

Consequences of cancellation
If you withdraw from this contract, we are obliged to refund all payments we have received from you including the shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of cancellation. We will issue the refund using the same method of payment that you selected for the original transaction, unless expressly agreed with you otherwise; under no circumstances will you be charged a fee for this refund. We may withhold the refund until the goods have been returned to us or until you have provided evidence that you have shipped the goods, whichever comes first.

You must ship back or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us that you are withdrawing from this contract. The return address: [enter the name and address of the person authorised to receive returns]. The deadline shall be considered kept if you dispatch the goods before the fourteen-day deadline has expired.

You bear the direct cost of returning the goods.

You shall only be liable for the potential loss in value of the goods when a test of the condition, characteristics, and functioning of the goods shows that the loss in value was due to improper handling on your end.

 

 (2) As required by statute, we provide the following sample withdrawal form:
 

 

Sample withdrawal form

If you would like to cancel the contract, please complete this form and send it back.

 

To:  form in space wohndesign in Frankfurt GmbH
Berliner Straße 60
60311 Frankfurt am Main, Germany
Fax +49 (0) 69-297 7335  |  email: info@formimraum.com

I hereby give notice that I am withdrawing from my contract to purchase
the following goods / services:

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ordered/received on

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Consumer’s name

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Consumer’s address

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Consumer’s signature (only required for notices provided by post or fax)

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Date

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Notice of your right to withdraw / Sample withdrawal form (PDF) downloadable


§ 11 Applicable law and jurisdiction

(1) The law of the Federal Republic Germany and binding international privacy laws shall apply to all contracts between us and youth, with the exclusion of the UN law for international sales. If you have submitted this order as a consumer and had your habitual domicile in another country at that time, the applicability of any mandatory laws of that country is not affected by this clause.
(2) The place of performance for our obligations arising from this contract is our headquarters in 60311 Frankfurt am Main. This also applies to all disputes.
(3) The place of jurisdiction for all disputes arising from this contractual relationship and its initiation and execution is Frankfurt am Main, if you do not have an address in the Federal Republic of Germany, of, if you are a merchant, are not headquartered in Germany at the time you place the order. This also applies in cases where we are unable to determine whether you have a domicile in Germany (such as EMA enquiries).

§ 12 Severability
Should individual provisions of these General Terms and Conditions become entirely or partially invalid, the validity of the remaining provisions remains unaffected. If provisions are invalid, the content of the contract shall be governed in accordance with statutory regulations. The contract shall, however, be totally void if adherence to it would present unreasonable hardship for either party if amended in such a way.

 

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Online Dispute Resolution: http://ec.europa.eu/consumers/odr/