General Terms of Business and Consumer Information
1. Scope of application
For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, subject matter of contract
The purchase contract is concluded with Pickawood GmbH. By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can put our products into the shopping cart without obligation at first and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded by acceptance and confirmation of the offer, specifically by clicking the order button and receiving the order confirmation. The customer must therefore ensure that the e-mail address he/she has deposited with the provider is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
The subject of the contract is the production and dispatch of furniture and wooden products. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the website of the provider.
3. Contract language, contract text storage
The language available for the conclusion of the contract is English. We save the text of the contract and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. Terms of delivery, delivery time
Shipping costs are added to the stated product prices unless free delivery is guaranteed. You can find out more about the shipping costs on the page "Payment and Shipping". The production and the stated delivery time always starts after receipt of payment or after order release. The delivery time for all orders with a delivery destination within Germany is 6-9 weeks. For deliveries to Austria and Switzerland a delivery time of 8-10 weeks applies. In the case of special requests, the delivery time can deviate from the specified period, depending on the effort involved, and is extended by up to 2 weeks. During the Christmas and Easter periods the delivery time can also be extended by up to 2 weeks. We also deliver to other European countries, additional costs will be incurred depending on size, weight and place of delivery.
The delivery will be made exclusively by shipping. It is not possible to collect the goods yourself or to deliver them to packing stations. Small pieces of furniture will be sent by courier, large pieces of furniture by forwarding agent. In the case of dispatch by a forwarding agent, a date will be fixed before delivery. A total of two delivery attempts are free of charge. All further delivery attempts are subject to a charge of 40 EUR.
Unless otherwise specified for the individual types of payment, the payment claims from the concluded contract are due for payment immediately.
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Boniversum - Information on data protection according to EU-DSGVO
Our company regularly checks your creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also with existing customers. For this purpose we work together with Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, from which we receive the necessary data. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The information according to Art. 14 of the EU Data Protection Basic Regulation regarding the data processing at Creditreform Boniversum GmbH can be found here: www.boniversum.de/EU-DSGVO
6. Transport damage
The following applies to consumers: If goods with obvious transport damage are delivered, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
7. Assembly service and installation
(1) The assembly service is an additional service and does not have to be performed on the same day as delivery.
(2) The assembly service is excluded on islands.
(3) If the customer books the assembly service, which is subject to a charge, at the time of ordering, the following conditions must be met: ground level floor, sufficient transport routes for the dismantled goods, sufficient space for the assembly. The customer will inform the supplier of any deviations from these design principles.
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of promises of guarantee, if agreed, or if the scope of application of the Product Liability Act has been opened up.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
9. Warranty and guarantees
The statutory liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Wood is a natural product, which can show colour differences and growth-related irregularities. Deviations in colour and structure between individual parts of a piece of furniture or in relation to other pieces of furniture made of the same material are reserved, provided that these deviations are due to the nature of the materials used (solid wood, veneers, etc.) and are customary in the trade. Wood can change its volume, which can lead to warping, inaccuracies of fit and cracking. Deviations of up to 1 mm per meter can occur with solid wood and panel materials due to product and production factors. Depending on the surface treatment, the material thickness is approx. 18 - 20 mm or approx. 28 - 30 mm. Your entered external dimensions remain unchanged. Oiled surfaces can look uneven. Such circumstances do not constitute a defect and therefore do not entitle the customer to assert warranty rights.
If the customer is an entrepreneur, the following applies in deviation from paragraph 1:
a) Only the supplier's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) The customer is obliged to examine the goods immediately and with due diligence for deviations in quality and quantity and to notify the supplier in writing of obvious defects within 7 days of receipt of the goods. This also applies to hidden defects discovered later from the time of discovery. In case of violation of the duty of examination and notification of defects, the assertion of warranty claims is excluded.
c) In the case of defects, the provider provides warranty at his discretion by repair or replacement. If the rectification of defects fails twice, the customer can choose to demand a reduction in price or withdraw from the contract. In the case of rectification of defects, the supplier does not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods. Furthermore, in the case of a subsequent delivery, the supplier must be granted a reasonable period of time. d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to the Provider arising from injury to life, body or health and damages caused by gross negligence or intent or fraudulent intent on the part of the Provider, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
10. Code of conduct
We have subjected ourselves to the following codes of conduct:
Trusted Shops quality criteria (http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)
11. Dispute settlement
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.