GENERAL TERMS AND CONDITIONS OF
https://www.tische-silkewiesemann.de/
Welcome to Tische-Silke Wiesemann!
§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by Tische-Silke Wiesemann (hereinafter referred to as "Provider") to you, in the version valid at the time of the order.
(2) Any differing terms and conditions of the purchaser are hereby rejected.
(3) Please read these terms and conditions carefully before placing an order with Tische-Silke Wiesemann. By placing an order with Tische-Silke Wiesemann, you agree to the application of these terms and conditions to your order.
(4) At Tische-Silke Wiesemann we offer you the sale of the following products:
Table bases, tabletops, decorations
(5) At Tische-Silke Wiesemann we offer you the following services:
Sanding, oiling, and filling holes and cracks in the tabletops
§ 2 Formation of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively at end customers with a billing and delivery address in:
____Germany, Austria and Switzerland____.
For certain bulky items, the possible delivery addresses and the delivery location may be limited; the limitation is indicated in the respective list price.
(3) The purchaser must be at least 18 years old.
(4) The presentation of goods in the online shop does not constitute a legally binding offer. The presentation of the goods merely invites the customer to submit an offer.
(5) Your order constitutes an offer to Tische-Silke Wiesemann to conclude a purchase agreement. The customer submits a binding offer when they have completed the online ordering process by entering the required information and clicking the "order with obligation to pay" button in the final step.
(6) The purchase agreement between the seller and the buyer is only concluded upon the seller's declaration of acceptance. This occurs at the earlier of the following two dates: either the dispatch of the goods or the sending of a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for quantities exceeding typical household amounts, as well as the commercial resale of the purchased item, requires express confirmation from the supplier. This applies both to the number of products ordered within a single order and to multiple orders for the same product, where each individual order comprises a typical household quantity.
(8) Your orders will be stored by us after conclusion of the contract. Should you lose your order documents, please contact us by email or telephone. We will send you a copy of the order details.
(9) The presentation of the service on the website does not constitute a legally binding offer. The presentation of the service merely invites the customer to submit an offer.
§ 3 Description of the scope of services
The range of services offered by Tische-Silke Wiesemann consists of the following:
Sanding, oiling, filling knots and cracks in tabletops
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and do not include shipping costs or surcharges. Shipping costs vary depending on the delivery method and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We verify prices when we process your order and before we charge your payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have quoted, we will charge the lower amount and send you the product.
(3) The prices applicable at the time of ordering shall apply. If list prices exist, the prices of the list price valid at the time of ordering shall apply.
(4) To use Tische-Silke Wiesemann, no registration is initially necessary.
(5) If the user wishes to use a paid service, they will be informed of the costs beforehand. In particular, they will be informed of the respective additional scope of services, the costs incurred, and the payment method.
(6) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Information regarding the availability of products sold by Tische-Silke Wiesemann can be found on the website (e.g., on the respective product detail page). Please note that all information regarding the availability, shipping, or delivery of a product is merely an estimate and approximate guideline. It does not constitute a binding or guaranteed shipping or delivery date, unless explicitly stated as such in the shipping options for the respective product.
(2) If Tische-Silke Wiesemann discovers during the processing of your order that products you have ordered are unavailable, you will be informed separately by email. The customer's statutory rights remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer is not found at the delivery address provided by him, even though the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs of the unsuccessful delivery.
(4) Delivery will be made according to the customer's chosen payment method. In the case of advance payment, delivery will take place after the seller's account has been unconditionally credited. In the case of payment via PayPal or instant bank transfer, delivery will take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase agreement is concluded between us for the products listed in each shipping confirmation. The contracting party is Tische-Silke Wiesemann. Notwithstanding your right of withdrawal, you can cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.
§ 6 Customs
(1) If you order products from Tische-Silke Wiesemann for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches its destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary considerably from country to country, so you should contact your local customs authority for more information.
(2) Please also note that when ordering from Tische-Silke Wiesemann, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us, and we would like to inform our international customers that cross-border shipments are subject to opening and inspection by customs authorities.
§ 7 Payment Terms
(1) Any applicable fee shall be paid in advance, without deduction, to Tische-Silke Wiesemann at the time of payment.
(2) The purchaser may pay for the goods or services using the following payment methods:
- PayPal
- Instant bank transfer
- Prepayment
- Cash on pickup
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) The purchaser is not permitted to pay for the goods or services by sending cash or checks.
(5) If the purchaser chooses an online payment method, the purchaser thereby authorizes the supplier to collect the amounts due at the time of the order.
(6) If the customer has selected prepayment by bank transfer, payment is due immediately upon conclusion of the contract, unless the parties have agreed otherwise. The goods will only be dispatched to the customer once the prepayment amount has been received (unconditional credit to the seller's account).
§ 8 Limitation of Liability (Services)
(1) Tische-Silke Wiesemann assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers as well as other content generated by the customers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective clients involved. Therefore, Tische-Silke Wiesemann is not liable for the services provided by the participating clients. Accordingly, all matters concerning the relationship between the clients, including, but not limited to, services received by a client or payments due to clients, must be addressed directly to the respective party. Tische-Silke Wiesemann cannot be held responsible for this and hereby expressly disclaims all liability claims of any kind whatsoever, including claims, services, direct or indirect damages of any kind, whether intentional or unintentional, suspected or unsuspected, disclosed or undisclosed, in any way related to the aforementioned matters.
(3) Tische-Silke Wiesemann shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Tische-Silke Wiesemann or an intentional or negligent breach of duty by a legal representative or vicarious agent of Tische-Silke Wiesemann.
(4) For other damages, insofar as they are not based on the breach of cardinal obligations (obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely), Tische-Silke Wiesemann shall only be liable if they are based on an intentional or grossly negligent breach of duty by Tische-Silke Wiesemann or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Tische-Silke Wiesemann.
(5) Claims for damages are limited to foreseeable, typical contractual damages. In the event of delay, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, body or health or freedom shall become time-barred after 30 years; otherwise after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the creditor became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim and the identity of the debtor (Section 199 Paragraph 1 of the German Civil Code).
(7) The provider reserves the right to check the content of a text written by a user and of uploaded files for compliance with law and regulations and, if necessary, to delete them in whole or in part.
§ 9 Set-off and right of retention
(1) The purchaser shall only be entitled to set-off if the purchaser’s counterclaim has been legally established or has not been disputed by the supplier.
(2) The customer may only exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 10 Retention of Title
Tische-Silke Wiesemann retains ownership of the goods until full payment has been received.
§ 11 Transport damage
(1) If the customer receives the goods with obvious transport damage, the supplier requests that he report this as soon as possible.
(2) Failure to submit a complaint by the customer does not affect their statutory warranty rights. The purpose of submitting a complaint is to enable the supplier to assert their own claims against the carrier.
§ 12 Law on Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered goods are governed by the statutory provisions: Accordingly, customers in the European Union have warranty rights for a period of two years from the date of delivery of the goods, in addition to their 30-day return guarantee, and can demand the repair or replacement of products purchased from Tische-Silke Wiesemann if these prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without inconvenience, you can demand a refund or a reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, the defect will be remedied by replacement or re-performance.
(4) If the customer is not a consumer, the limitation period is one year. This does not apply to claims for damages and reimbursement of expenses relating to personal injury or damage caused by intent or gross negligence.
(5)
Liability for defects (warranty)
Consumers who choose to purchase solid wood furniture should be aware that solid wood furniture can behave differently in their homes if the local climate deviates significantly from the assumed standard climate or fluctuates constantly. For all solid wood furniture, the optimal room climate is between 18 and 23 degrees Celsius and a relative humidity of 52-65%.
The statement that wood is a natural product is part of the purchase agreement.
Note regarding wood: Solid wood is a "living" material, and various changes in the wood depend on many external factors. However, these are very difficult for humans to influence!
Slight bends, warping, and twists are also permissible and do not constitute grounds for complaint. Irregularities such as small cracks, slight indentations or pressure marks, knots, discolorations, or inclusions are characteristics of authenticity. These are unavoidable in real wood and therefore do not represent grounds for complaint.
Drying cracks are generally permissible, as they do not negatively affect the structural properties or durability of the wood. There are no restrictions on the length, depth, or width of these drying cracks!
Resin seepage is completely normal and unavoidable. This can occur months after processing and is not a defect, but a natural characteristic.
All these effects are inherent properties of the material wood and therefore cannot constitute grounds for complaint or liability.
Cast table bases are made from many different metals.
These materials are crushed, melted, and then poured into molds. The molded parts are then machined and assembled. Small air bubbles, flex marks, minor rust spots, and paint chips may occur during this process. These are not grounds for complaint.
Outdoors, metal and cast iron will rust; this is not a reason for complaint.
With our height-adjustable bases, paint chipping may occur, for example, on the dip tubes. Where metal rubs against metal, no paint, including powder coating, will adhere. None of this constitutes grounds for a warranty claim or complaint.
All our cast iron bases are adjusted on-site to ensure they are level and plumb, so that everything runs perfectly.
Wood is a natural product. Tabletops always move slightly.
When assembling with our base frames, ensure that the tabletop is screwed on without tension.
§ 13 Final Provisions
(1) The language of the contract is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Tische-Silke Wiesemann with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we take no action against you, we will still be entitled to exercise our rights on any other occasion when you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules, and terms and conditions, including these General Terms and Conditions, at any time. Your order will be subject to the terms of sale, contract terms, and General Terms and Conditions in effect at the time of your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of one provision shall not affect the validity of the other provisions of the contract. Should this occur, the invalid provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
- Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here.http://ec.europa.eu/consumers/odr/Consumers have the option of using this platform to resolve their disputes.
