Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Price and Delivery Costs
- Shipment and Delivery Conditions
- Liability for Defects
- Law and Jurisdiction
- Alternative dispute resolution
Scope of Application
- These Terms and Conditions of the company Nextlevel Interior BV (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client” and the Seller relating to all goods and/or services presented in the Seller's catalogue. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
- A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf
Conclusion of the Contract
- The product descriptions in the Seller’s catalogue do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
- The Client may submit the offer by telephone, in writing, by fax or e-mail. In case an order form is attached to the catalogue, the Client may use it for submitting his offer. In this case, he should fill in the order form and return it to the Seller by post, fax or e-mail.
- The Seller may accept the Client's offer within five days - by transferring a written order confirmation or an order confirmation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or - by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or - by requesting the Client to pay after he placed his order. The contract shall be concluded at the time when one of the aforementioned alternatives occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
- The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day following the sending of the offer.
- The contractual language is English.
Right to Cancel
- Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
Price and Delivery Costs
- Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
- Payment can be made using one of the methods mentioned in the Seller’s cataloge
- If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
Shipment and Delivery Conditions
- Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be decisive.
- Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his right of cancellation, or if he has been temporarily prevented from receiving the offered service, unless the Seller has provided the Client with reasonable advance notice about the service
- The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs.
- The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
- The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods, he shall inform the Client without delay and payments made by the Client will be immediately refunded.
- Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case shipment costs will not be charged.
Liability for Defects
Should the object of purchase be deficient, statutory provisions shall apply.
- If the Client is a trader, all of the following will apply: - a marginal defect shall generally not constitute claims for defects, - the Seller may choose the type of subsequent performance, - for new goods, the limitation period for defects shall be one year from delivery of goods, - for used goods, rights and claims for defects are generally excluded, - the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
- If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
- For traders, the aforementioned limitations of liability and the restrictions of limitation periods do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to the following Section .
- Furthermore, for traders the statutory limitation periods for recourse claims remain unaffected. The same shall apply for traders and consumers in the event of willful intent or gross negligence and fraudulent concealment of a defect.
- If the Client is a businessperson, he has the commercial duty to examine and notify defects. Should the Client neglect those duties, the goods shall be deemed approved. 6.6 The forwarding agent has to be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
- 1 The Seller shall face unlimited liability - in case of intent or gross negligence, - in case of injuries of life, body or health resulting from intent or negligence, - in case of a promise of guarantee, unless otherwise provided, - in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
- 2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
- 3 For the rest the Seller’s liability is excluded.
- 4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
Law and Jurisdiction
- If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Courts is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
- If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
Alternative dispute resolution
- The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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