Terms and Conditions
General terms and conditions (AGB) and consumer information
1. Applicability of the conditions
1.1 Distance selling contracts with Birgie GmbH via the online shop www.birgiehome.com are based on these general terms and conditions in the version valid at the time of the order. The terms of purchase used by you in the order are contradicted, unless we agree otherwise with you.
1.2 Our offer is aimed at adults, i.e. consumers and entrepreneurs who have reached the age of 18.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal personality, with whom we enter into a business relationship and who act in the exercise of a commercial or independent professional activity.
2. Conclusion of contract
2.1 Our offers for distance selling are not a binding offer, but a non-binding invitation to you to order goods from us using an online process. When ordering online using the virtual shopping cart, on the final order page, by clicking on the order button that concludes the order, you submit a binding contract offer for the items that you previously placed in the shopping cart during the electronic ordering process. After receipt of your order, we will confirm it immediately by email or fax, in which the details of the order are listed and the contract information / terms and conditions are included (order confirmation). The order confirmation does not yet constitute acceptance of your online offer.
2.2 A purchase contract, i.e. the binding acceptance of your order, only comes to you upon receipt of your acceptance of your order in text form (order confirmation by letter, fax or email), request for payment by us after your order or delivery of the goods and access to you. The above variant, which occurs first, is decisive. In this respect, we are entitled to accept your contract offer within 3 working days after receipt of your order. If we do not accept your contract offer, you are no longer bound by your declaration of intent. If you have already made payment in the latter case, we will of course refund it to you.
2.3 As part of the ordering process, we offer "PayPal Express" as a payment method and select it. By clicking the order button, you also issue a payment order to the payment service provider PayPal (Europe) S.à r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. In this case, in deviation from section 2.2, we already declare acceptance of your offer by triggering the order button. To use PayPal Express you need a PayPal account for which PayPal's terms and conditions apply. You can view the latter under the following link: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE
3. Contract information
3.1 We generally do not save the contract text and do not make it accessible to you after the contract has been concluded. After placing your order, we will also send you an order confirmation along with these General Terms and Conditions and consumer information by email, fax or letter. The print function of your browser also gives you the option of printing out the order data and contract text while you are placing your order.
3.2 You have the option of correcting input errors that have crept in during the completion of the order in a summary before the final submission of your order by means of appropriate commands via the keyboard or by mouse click. All entries can also be corrected using the back button of your browser before placing the order.
3.3 The contract is concluded in German with the company:
3.4 We have not submitted to any special code of conduct (set of rules).
3.5 Since the conclusion of the contract and the further order processing with you takes place by email (e.g. order confirmation), you are obliged to ensure that the email address you provided for order processing is activated, so that emails sent to you for order processing are also activated approach. In particular, when using spam filters, you have to ensure that the order confirmation, like all other emails sent to you with the order processing, can be sent to you. In the course of the order processing, we may pass your email address on to the shipping company for the purpose of delivery notification.
4. Right of withdrawal
Consumers generally have a right of withdrawal. Our instruction on the right of withdrawal for consumers can be found on the extra page instruction on Return Policy.
5. Prices, shipping costs, default of acceptance
5.1 Our prices are total prices in euros (EUR) including the applicable statutory value added tax. No discount is granted. The amount of costs for packaging and shipping can be found on the website "Delivery, shipping, payment" or a corresponding information page.
5.2 If delivery to the address you specified is not possible, e.g. because the address was not correct, we can charge you for the cost of unsuccessful shipping. This does not apply in cases in which you are not responsible for the impossibility of delivery or were only temporarily prevented from accepting it.
5.3 For general payment information, please refer to our "Delivery, shipping, payment" button or a corresponding information page.
6. Payment, due date for payment in advance
The means of payment accepted by us can be found on the respective website of the offer. If we agree payment in advance with you, payment is due immediately after the contract is concluded.
7. Delivery, delivery restrictions, delivery times, transfer of risk
7.1 We deliver with a transport company of our choice to the delivery countries specified by us. We use the delivery address you provided when ordering. We refer you to the website of the offer regarding delivery conditions, delivery times and delivery restrictions.
7.2 If you are a consumer, we bear the shipping risk regardless of the shipping method. If you are an entrepreneur, all risks and dangers of the shipment pass to you as soon as we have handed over the goods to the contracted transport company.
8. Reservation of self-supply
We reserve the right not to deliver the goods in the event of their unavailability or, if it is reasonable for you to do so, only to deliver them in part (reservation of self-delivery). In both cases we will inform you immediately that the ordered goods are not available and that any consideration you have already paid will be refunded immediately. The reservation of self-supply only applies in the event that we have concluded a specific cover transaction in good time and are not responsible for the lack of availability or we have been let down by our upstream supplier through no fault of our own. Further legal claims on your part remain unaffected.
9. Checking the delivery, complaints, defects
9.1 An outgoing goods inspection is always carried out before delivery of the goods, but in your own interest we recommend that you check the delivered goods after receipt. If you find any damage or incorrect deliveries, please contact us as soon as possible so that we can coordinate the further procedure with you.
9.2 If you notice packaging and / or transport damage during delivery, we ask you to have this confirmed in text form by the carrier upon handover and to inform us. We will then vote the next steps with you. We recommend that you keep the damaged packaging for evidence, if possible.
9.3 If you do not comply with the regulations in the two paragraphs above, this has no effect on your rights to liability for defects.
9.4 If there is a commercial transaction within the meaning of the German Commercial Code (HGB) in the course of business for the contracting parties, the commercial notification obligation applies. Section 377 HGB.
10. Retention of title
The goods remain our property until you have paid for the goods in full.
11. Liability for defects, liability for other damages
11.1 There is a statutory right to liability for defects for goods with the following provisions:
The warranty period for new items is 24 months for consumers, for entrepreneurs the warranty period is limited to 12 months. In the case of used articles, the warranty period for defects is 12 months for consumers, and the warranty for entrepreneurs is excluded. Claims for damages, claims for defects, which we have maliciously concealed, and claims from a guarantee, which we have assumed that the item retains a certain quality for a certain period (guarantee of durability), are excluded from this regulation. For these excluded claims, the statutory limitation periods apply.
11.2 Our liability for other damage beyond the statutory liability for defects is also based on the statutory provisions.
12. Withdrawal from the contract
12.1 We are also entitled to withdraw from the contract with regard to a part of the delivery or service that is still open if you have given false information about your creditworthiness or if there are objective reasons regarding your solvency, or if insolvency proceedings are opened against your assets or if they are refused Procedure is known for lack of cost-covering assets. You will be given the opportunity to make an advance payment or provide suitable security before you withdraw.
12.2 Without prejudice to any claims for damages in the event of partial withdrawal, partial services already rendered must be invoiced in accordance with the contract and paid for by you.
13. Severability clause, choice of law, agreement on jurisdiction
13.1 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective.
13.2 The law of the Federal Republic of Germany applies to the contractual relationship and the respective terms and conditions. The UN sales law is excluded. If you are a consumer, the statutory provisions in force in the country of your country of habitual residence remain unaffected by this choice of law clause.
13.3. If you are a merchant within the meaning of the HGB, a corporation under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these General Terms and Conditions is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if we do not know your place of residence or your habitual residence at the time the complaint was filed. The authority to sue you at another legal place of jurisdiction remains unaffected.
We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and are generally not prepared to do so.
© HZ as of 10.07.2018