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T E R M S & C O N D I T I O N S
General Terms and Conditions
- Scope of Application, Definitions
1.1 The relationship between Sibel Huhn Interiors e.K., Olivaer Platz 7, 10707 Berlin (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the Customer’s order. Deviating general terms and conditions of the Customer shall not be accepted unless the Seller expressly agrees to their validity in writing.
1.2 The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or a legally qualified partnership who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
- Conclusion of Contract
2.1 The Customer may select products from the Seller’s product range and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the button "Pay Now" the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change, correct and view the data/entries at any time via usual keyboard and mouse functions. However, the order can only be submitted and transmitted if the Customer has accepted this terms and conditions by clicking on the checkbox provided for this purpose.
2.2 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail in which the Customer's order is listed and which the Customer can print using the "Print" function. The automatic confirmation of receipt only documents that the Customer's order has been received by the Seller and does not constitute acceptance of the Customer’s offer. The Seller can accept the offer of the Customer by an electronically transmitted (fax or e-mail) order confirmation and/or shipping confirmation or by delivery of the ordered products. The contract between the Seller and the Customer is concluded as soon as the Seller submits a declaration of acceptance to the Customer’s offer as aforementioned.
2.3 The contract text (consisting of order, terms and conditions and order confirmation) is sent to the Customer on a durable medium (e-mail) according to the statutory requirements. However, the contract text is not stored for the Customer beyond this.
2.4 The contract is concluded in English language.
- Delivery, Availability of products
3.1 Delivery times stated by the Seller shall be calculated from the date of the Seller’s order confirmation, always subject to prior payment of the purchase price.
3.2 If no copies of the product selected by the Customer are available at the time the order is placed, the Seller shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
3.3 If the product ordered by the Customer is only temporarily unavailable, the Seller shall inform the Customer of this immediately in the order confirmation.
3.4 The following delivery restrictions apply: For products that can be sent as parcels, delivery is possible to addresses within the European Union.
Retention of title
Until complete payment of the delivered goods by the Customer, the delivered goods shall remain the property of the Seller.
- Prices, Shipping Costs, Payment Modalities
5.1 All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
5.2 For payment, the Customer may only use the payment modalities agreed and indicated at the time of the order. Payment of the purchase price is due immediately upon conclusion of the contract.
5.3 The corresponding shipping costs are indicated to the Customer in the order form on the website and are to be borne by the Customer.
- Warranty for defects, guarantee
6.1 The Seller is liable for defects of the products in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). The warranty period for items delivered by the Seller to entrepreneurs is 12 months.
6.2 An additional guarantee for the goods delivered by the Seller only exists if such guarantee has been expressly stated in the order confirmation for the respective product.
6.3 Please note that some of our products are handmade (e.g. hand-woven textiles/carpets/pottery) and/or consist of natural materials (e.g. fur) and therefore may slightly deviate in size and color and/or in the traverses/glazes. Such slight deviations -which are not avoidable- are not a defect of the product.
6.4 Please also note our safety instructions for some of our product categories. These can be found at [https://sibelhuhn.com/pages/care-safety].
7.1 Claims of the Customer for damages are excluded. This shall not apply for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations / “Kardinalpflichten”) as well as liability for damages caused by an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
7.2 In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages arise from an injury to life, limb or health.
7.3 The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.
7.4 The limitations of liability resulting from paragraphs 1 and 2 do not apply if the Seller fraudulently concealed a defect or has assumed a guarantee for the quality of the product. The same applies if the Seller and the Customer have specifically agreed on the quality of the product. The statutory regulations under the Product Liability Act shall also remain unaffected.
- Right of withdrawal for consumers
Consumers have a statutory right of withdrawal when concluding a distance contract (“Fernabsatzgeschäft”). The withdrawal instruction and the sample withdrawal form can be found below these terms and conditions.
- Data protection
- EU Website for Online Dispute Resolution / Alternative Dispute Resolution pursuant to the Consumer Dispute Resolution Act
The EU website for online dispute resolution can be found at: http://ec.europa.eu/consumers/odr/.
Please note that we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration body.
- Final provisions
11.1 The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customer, with the exception of the UN Convention on the International Sale of Goods. The statutory regulations on limiting the choice of law and for the applicability of mandatory regulations in particular of the state, in which the Customer has their habitual residence as a consumer, remain unaffected.
11.2 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 from contractual relationships between the Customer and the Seller is the Seller’s registered office.
11.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions. As far as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
Withdrawal policy for consumers
Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us, Sibel Huhn Interiors e.K., Olivaer Platz 7, 10707 Berlin, Tel.: +49 (0)30 88473313, firstname.lastname@example.org of your decision to withdraw from this contracts by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal from, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of withdrawal policy
Model withdrawal form
We inform you about the model withdrawal form in accordance with the statutory regulations as follows:
Model withdrawal form
(complete and return this form if you wish to withdraw from the contract)
— To Sibel Huhn Interiors e.K., Olivaer Platz 7, 10707 Berlin, email@example.com:
—I/we (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) for the provision of the following service (*),
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as applicable