Terms of service
1. scope of application
For all orders through our online store by consumers and entrepreneurs, the following terms and conditions apply.
For Germany: Consumers are according to § 13 BGB any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.
For Austria: In the following terms and conditions, "consumer" shall be understood as "consumer" in the sense of the Consumer Protection Act (KSchG).
For Switzerland: In the following terms and conditions, "consumer" shall be understood as "consumer" according to Swiss law.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, 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, correction possibilities
The purchase contract is concluded with Roberto Fischetti e.K. .
By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. delivery conditions
Shipping costs will be added to the indicated product prices. You can find out more about the amount of the shipping costs in the offers.
In principle, you have the option of collection from Roberto Fischetti, Ollenhauerstr. 48, 13403 Berlin, Germany during the business hours indicated below: By appointment
5. payment
In our store you can basically use the following payment methods:
Prepayment
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
By submitting your order, you provide your credit card details. Your card will be charged immediately after placing the order.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions in the order process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.
giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
paydirekt
To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
6. right of withdrawal
You are entitled to the statutory right of withdrawal, as described in the cancellation policy.
7. reservation of proprietary rights
The goods remain our property until full payment. For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. transport damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company 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, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
9 Warranty and guarantees
9.1 Liability for defects
The statutory law on liability for defects shall apply.
For consumers domiciled in Switzerland, the following shallapply:
They shall, as soon as is practicable in the ordinary course of business, inspect the quality of the goods received and, if defects arise for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased item shall be deemed to have been accepted, unless the defects were not apparent during the normal course of business. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the item shall be deemed approved also with regard to these defects.
Send the defective product back to us with a description of the defect. You shall bear the transport costs incurred. We provide warranty by rectifying defects. This is done at our discretion either by remedying the defect (rectification) or delivery of a defect-free item (replacement). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to price reduction is excluded.
9.2 Guarantees and customer service
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 10:00 to 18:00 under the telephone number 0302519298 and by e-mail at info@bellearti-moebel.de.
10. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite 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 to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11 Code of Conduct
We have submitted to the following codes of conduct:
12. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
AGB [https://shop.trustedshops.com/de/rechtstexte/] created with the Trusted Shops [https://shop.trustedshops.com/de/] legal text in cooperation with FÖHLISCH lawyers [https://foehlisch.com].