General Terms of Business and Consumer Information
§ 1 Basic Provisions
(1) The terms and conditions below govern all contracts between Pickawood GmbH, Rödingsmarkt 20, 20459 Hamburg, Germany - hereinafter referred to as the Supplier - and the Customer that are concluded via the website www.pickawood.com. Unless otherwise agreed, the inclusion of the Customer’s own terms and conditions is excluded.
(2) A consumer, for the purposes of the following provisions, is any natural person that performs a legal transaction that cannot be attributed to either their commercial activities nor to any independent business. An entrepreneur is any natural person or legal entity or partnership with legal capacity that in performing a legal transaction is exercising his commercial or independent professional activity.
(3) The language of the contract is German. The Supplier does not store the text of the contract and it is no longer accessible to the Customer once the order has been placed. The Customer can print the text of the contract using the Print function of his browser or save it electronically before placing the order. The order details and the General Terms and Conditions will be sent to the Customer in any case by e-mail.
§ 2 Object of the Contract
The object of this contract is the manufacture and delivery of furniture. The details, and in particular the important characteristics of the goods, are given in the product descriptions and the supplementary information on the Supplier’s website.
§ 3 Coming into Effect of the Contract
(1) When we place products in the online shop, we make a binding offer of conclusion of contract in respect of those products. The contract comes into effect when you state your acceptance of the offer for the items in your basket by clicking the ‘Buy’ button. Immediately you have placed your order you will receive another confirmation of the order by e-mail.
A binding contract can also come into effect at an earlier stage as follows:
- If you have selected credit-card payment, the contract comes into effect at the time that the card is debited.
- If you have selected payment by PayPal, the contract comes into effect at the time that you confirm the payment order to PayPal.
(2) The order is processed and the information relevant to the conclusion of contract is sent to you by e-mail. Some of these processes are automated. The Customer must therefore ensure that the e-mail address he has given to the Supplier is correct, that he has the technical conditions for receiving the e-mails and in particular that such e-mails will not be blocked by spam filters.
§ 4 Prices and Delivery Charges
(1) The prices shown in the offers and the delivery charges are final prices. They include all price elements including any taxes due.
(2) The delivery charges are not included in the purchase price. They can be seen on the ‘Payment and Delivery’ page and are displayed separately during the ordering process. These charges must be paid additionally by the Customer unless free delivery has been agreed.
(3) A VAT invoice is issued to the Customer.
§ 5 Payment and Delivery Conditions
(1) The payment and delivery conditions can be viewed by clicking ‘Payment and Delivery’ in the footer at the bottom of the web page.
(2) Except where indicated otherwise for particular payment methods, the payment claims from the concluded contract are due for payment immediately.
(3) Should a product ordered by the Customer be unavailable for reasons beyond the Supplier’s control, contrary to expectations and despite an adequate covering transaction having been concluded in good time, the Customer shall be notified without delay and in the event of withdrawal from the contract shall be refunded any payment already made.
(4) For consumers, the law states that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to the Customer only when the goods are handed over to him, regardless of whether the shipment is insured or not.
(5) The delivery time for all products is approx. 8-10 weeks. The manufacture and the stated delivery time begin at the time of receipt of payment or after approval of the order. At Christmas and Easter the delivery time may be 1-2 weeks longer. Orders that include special requests may also be subject to longer delivery times; depending on the extra manufacturing required, these may be up to 15 weeks. We deliver to other European countries outside Germany. Please note that this is subject to additional costs based on size, weight and destination.
If the Customer is an entrepreneur, shipping and delivery are at his own risk.
Information on data protection under the EU GDPR for customers based in Germany:
Our company regularly checks customers, including existing ones, for creditworthiness whenever contracts are concluded and also in certain cases when there is a legitimate interest. We therefore collaborate with Creditreform Boniversum GmbH – address: Hellersbergstrasse 11, 41460 Neuss, Germany – which provides us with the relevant data. For this purpose we send your name and contact details to Creditreform Boniversum GmbH. The information on the data processing conducted by Creditreform Boniversum GmbH is based on the EU General Data Protection Regulation, article 14, which can be found here: www.boniversum.de/EU-DSGVO/?lang=en
§ 6 Right of Retention and Retention of Title
(1) The Customer can only exercise a right of retention where it relates to claims from the same contractual relationship.
(2) The goods remain the property of the Supplier until the purchase price is paid in full.
(3) If the Customer is an entrepreneur, the following also applies:
a) Ownership of the goods remains to the Supplier until all claims arising from the ongoing business relationship are settled in full. No pledging or security transfer is permitted before the transfer of ownership of the reserved goods.
b) The Customer may resell the goods in the normal course of business. In this case he now assigns all claims, to the amount of the invoice amount, that arise to him from the resale to the Supplier, which accepts the assignment. The Customer is further empowered to collect the claim. Where he does not properly meet his payment obligations, however, the Supplier reserves the right to collect the demand himself.
c) if the reserved goods are combined or mixed with other objects that are not the Supplier’s property, the Supplier acquires co-ownership of the new product in the ratio of the invoice value of the reserved goods to that of the other processed goods at the time of the processing.
d) The Supplier undertakes to release, at the Customer’s request, the securities due to him where the realisable worth of the Supplier’s securities exceeds the value of the claim to be secured by more than 10%. The choice of the securities to be released shall be made by the Supplier.
§ 7 Warranty
(1) The statutory provisions apply.
(2) If the Customer is a entrepreneur, the following shall apply by way of derogation from para. 1:
a) The condition of the goods deemed to be agreed solely by the Supplier’s own data and the manufacturer’s product description, but not by any other advertising, public statements or promotions by the manufacturer.
b) The Customer must inspect the goods immediately and with the requisite care for any deviations in quality or quantity and to notify the Supplier in writing of any evident defects within 7 days of receipt. For observation of the deadline, the timely sending of notification is sufficient. This also applies in the case of any hidden defects that are discovered subsequently; notification should be made within 7 days of discovery. If the Customer is in breach of this inspection and fault reporting obligation, any warranty claim shall be excluded.
c) If defects are found, the Supplier shall honour the warranty either by remedying the defect or by supplying replacement goods, at his discretion. Should the attempt to remedy the defect fail twice, the Customer may request a price reduction or withdraw from the contract, at his discretion. If the Supplier opts to remedy the defect, he is not obliged to meet the costs of transporting the goods to a place other than the place of fulfilment where such transporting does not correspond to the intended use of the goods. Further, in the case of a subsequent delivery the Supplier must be given a reasonable period.
d) The period of warranty is one year from delivery of the goods. The reduced warranty period shall not apply in respect of damages culpably attributable to the Supplier arising from loss of life, bodily injury or harm to health, through gross negligence or intent or from fraudulent intent by the Supplier, nor in the case of recourse claims under sections 478, 479 German Civil Code (BGB).
(3) Wood is a natural product and may exhibit variations in colour and irregularities due to its growth pattern. Variations in colour and structure between parts of an item of furniture or between different items made in the same material are reserved, provided that these variations are within the nature of the material used (solid woods, veneers etc.) and are typical of the furniture trade. Wood may change in volume, which can result in warpage, inaccuracies of fit and cracking. Deviations of up to 1 mm per metre can occur with solid wood and board materials due to product and production conditions. Oiled surfaces may not appear uniform. These situations do not constitute defects and therefore do not entitle the Customer to assert warranty rights.
§ 8 Liability
(1) The Supplier shall be liable without limit for damages arising from loss of life, bodily injury or harm to health, in all cases of intent or gross negligence, for fraudulent concealment of a defect, for assumption of the warranty for the condition of the goods, for damages under the German Product Liability Act (Produkthaftungsgesetz) and in all other cases governed by law.
(2) To the extent that significant contractual obligations are affected, the Supplier’s liability for minor negligence is limited to foreseeable damages typical for this type of contract. Essential contractual obligations are such essential obligations as arise from the nature of the contract, the violation of which would jeopardise the achievement of the objective of the contract, and obligations imposed by the substance of the contract on the Supplier for purposes of achieving the objective of the contract, the fulfilment of which is necessary for the proper fulfilment of the contract and on whose observance the Client can regularly depend.
(3) In cases of breach of minor contractual obligations, liability for breaches arising from minor negligence are excluded.
(4) Using the technology of the current state of the art, data communication via the Internet cannot be guaranteed to be free of errors or available at all times. The Supplier shall to this extent not be liable either for constant or for uninterrupted availability of the website and the services offered there.
§ 9 Transport Damages
(1) If goods are delivered with obvious signs of transport damage, please report these defects immediately with the carrier where possible and then contact us straight away. Failure to make such a complaint to the carrier or to contact us does not affect your statutory rights or their assertion, in particular your warranty rights. Doing so helps us, however, to assert our own claims against the carrier or our transport insurer.
§ 10 Assembly Services
(1) Our assembly service is a separate service. We cannot affirm that it will be undertaken on the same day as the delivery.
(2) We are cant offer assembly services on islands.
(3) If the customer orders the assembly services he has to make sure that the surface is flat, there is enough space to assemble and that it is possible to carry the parcels to the location where the order should be assembled.
(4) The consumer will inform the supplier if any of the provisions (2) or (3) is touched.
§ 11 Consumer regulation department
We are not member of any consumer regulation authority or participate in any dispute resolution.
§ 12 Storage of the Text of this Contract
We do not store the text of the contract.
§ 13 Language of the Text of this Contract
The language available for the conclusion of this contract is German.
§ 14 Choice of Governing Law, Place of Fulfilment, Place of Jurisdiction
(1) This contract is governed by German law with the exclusion of the UN Sales Convention (CISG). For consumers this choice of governing law applies only where the protection granted by mandatory provisions of the law of the state of ordinary residence of the consumer is not excluded (‘Favorability principle’).
(2) The place of fulfilment for all services performed from the business relationships existing with the Supplier and the place of jurisdiction are the Supplier’s headquarters, to the extent that the Customer is not a consumer but a business person, a legal entity under public law or a special fund under public law. The same applies where the Customer has no general place of jurisdiction in Germany or the EU or where his domicile or place of ordinary residence is unknown at the time of initiation of proceedings. This does not affect the capacity to appeal to a court of another jurisdiction is not affected.