General terms and conditions of business and delivery for L3 interiors - sales

§ 1 General, scope and contractual basis

(1) The L3 Interieur trades in new or used furniture and furnishings.

(2) The following terms and conditions of sale apply to the purchase contract concluded between you as the buyer and us as the seller for the sale and delivery of the goods (General Terms and Conditions of Business and Delivery of L3 Interieur - Sale).

(3) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written offer or our written declaration of acceptance.

(4) The images on our homepages www.L3-berlin.de and www.L3-berlin.com) and on the magasin homepage (www.magasin-berlin.de) are only approximate, unless the information contained therein have been expressly designated as binding by us.

(5) Our sales conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of a buyer who is an entrepreneur within the meaning of § 14 BGB only become part of the contract to the extent that we have expressly consented to their validity.

(6) Insofar as the term "in writing" is used in the terms of sale, this also refers to the text form (e.g. e-mail).

§ 2 prices and payment

(1) Our prices include sales tax at the prescribed rate, currently 19%. Delivery, packaging and shipping costs are added if we have made an express agreement with you about this.

(2) In the event of a revocation of your declaration of intent aimed at concluding the purchase contract, you have to bear the regular costs of returning the goods, which are described in more detail in our cancellation policy.

(3) Since we apply differential taxation for some goods, the sales tax is not expressly shown on the relevant invoices. If you need a VAT statement in these cases, please contact us.

(4) Unless otherwise agreed with you in writing, the purchase price owed by you must be paid without deduction immediately after receipt of the invoice.

(5) If you are in default of payment, we are entitled to charge default interest at the statutory rate. For consumers this is currently 5 percentage points and for entrepreneurs 9 percentage points above the respective base rate of the European Central Bank (ECB). We reserve the right to claim further damage.

§ 3 Conclusion of the contract and offers

(1) The purchase contract between us and you is concluded either in the shop or by using the means of distance communication letter, telephone or e-mail.

(2) In the shop, unless otherwise agreed in writing, the purchase contract is concluded when we and you verbally agree on the purchase. You will receive the goods after you have paid the purchase price in full; either you pay in cash in the shop or before collection by bank transfer.

(3) Using the means of distance communication, the purchase contract is concluded either by sending you a written offer upon request and by accepting this offer in writing. Or you can send us an order by letter, telephone or email and we will accept this order in writing by means of a declaration of acceptance / order confirmation. To make it easier to process your order, please provide us with all of your data (name, address, telephone number, in particular your email address).

If the purchase contract is concluded through the use of distance communication, you have a right of withdrawal. You can find detailed information about your right of withdrawal in our document “Instructions on withdrawal”. You can exercise your right of withdrawal with the help of the document "Model withdrawal form".

(4) Our offers are non-binding and apply for 7 days, unless we have agreed otherwise in writing with you.

§ 4 Offsetting, right of retention

You are only entitled to offset against our claims if your claims have been legally established, we have recognized them or if your claims are undisputed. However, you are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same sales contract. As a buyer, you may only exercise your right of retention if your counterclaim is based on the same sales contract.

§ 5 delivery and performance time

(1) We will deliver the goods to you if we have agreed this with you in writing.

(2) Our delivery dates or delivery deadlines are exclusively non-binding information, unless we have agreed them with you in writing as binding.

(2) Four weeks after a non-binding delivery date or deadline has been exceeded, you can request us to deliver within a reasonable period. If we have agreed a binding delivery date or a binding delivery period with you, which we are culpably unable to meet, you must set us a reasonable grace period to effect our service. If we let this grace period pass without result, you are entitled to withdraw from the purchase contract.

(3) We are entitled to partial deliveries and partial services at any time, provided that they are reasonable for you.

§ 6 retention of title

The delivered goods (reserved goods) remain our property until all claims from the sales contract concluded with you have been paid in full.

§ 7 Rights in the event of delay and defects; liability

(1) Insofar as the delivered item does not have the quality agreed between you and us, it is not suitable for the use required under our contract or for general use, or it does not have the properties that you could expect according to our public statements we are obliged to provide supplementary performance. This does not apply if we are allowed to refuse supplementary performance due to legal regulations.

(2) The supplementary performance takes place at your option by removing the defect (repair) or by delivering a defect-free item. You must allow us a reasonable period for subsequent performance.

(3) If we tried the supplementary performance twice without success, it failed. You are then entitled, at your discretion, to reduce the purchase price, to withdraw from the purchase contract or to assert claims for damages due to the defect.

(4) If we are in default with our performance, we are also liable according to the statutory provisions.

(5) In accordance with the statutory provisions, we are liable for damage to life, body and health that are based on a culpable breach of duty by us, our legal representatives or our vicarious agents. Furthermore, we are liable in accordance with the statutory provisions for other damage that is based on willful or grossly negligent breaches of contract as well as malice on the part of us, our legal representatives or our vicarious agents. In the case of damage caused by delay and damage due to a defect that is based on a simply negligent breach of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as the buyer can regularly rely (essential contractual obligations), the liability is on Conclusion of the contract, foreseeable and typical damage is limited.

(6) We are also liable within the framework of a quality and / or durability guarantee, provided that we have expressly given such a guarantee in relation to the goods delivered.

(7) As far as the scope of the Product Liability Act has been opened, we are liable without restriction according to its provisions.

(8) Any further liability is excluded.

§ 8 Statute of Limitations

If the goods you have bought are used goods, your claims due to a defect will expire in one year. If the goods are new, your claims due to a defect expire in two years in accordance with the statutory provisions. The limitation period begins with the delivery of the goods.

§ 9 Applicable Law and Final Provision

(1) The law of the Federal Republic of Germany to the exclusion of the UN sales law applies to our contract.

(2) If you are an entrepreneur within the meaning of § 14 BGB, the place of jurisdiction is Berlin.