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Terms and Conditions / Right of Withdrawal

General Terms and Conditions (GTC)

1. Scope

The following General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.

For Germany: Consumers within the meaning of Section 13 of the German Civil Code (BGB) are any natural persons who enter into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

For Austria: In the following conditions, “consumer” is to be understood as a “Konsument” within the meaning of the Consumer Protection Act (KSchG).

For Switzerland: In the following conditions, “consumer” is to be understood as a “Konsument” under Swiss law.

Businesses are all natural or legal persons who are not consumers.

With respect to businesses: if a business uses conflicting or supplementary general terms and conditions, their application is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of the Contract, Possibility to Correct Entries

The purchase contract is concluded with Hommel Küchen- und Möbelmanufaktur GmbH.

By listing products in the online shop, we make a non-binding offer to conclude a contract for these items. You may place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract on your side is concluded by clicking the order button, thereby accepting the offer for the goods contained in the shopping cart. Due to the complexity and individuality of our offering, we reserve the right to review your order for feasibility. As soon as we have completed this internal review, you will receive an order confirmation and the purchase contract is perfected.

3. Contract Language, Storage of the Contract Text

The language available for concluding the contract is German.

We do not store the text of the contract.

4. Delivery Conditions

We deliver Europe-wide to curbside.
Shipping costs are added for most products.
For installation to the point of use, we require a video from the curbside to the intended place of use; based on this, we can prepare an individual quotation.

You may also collect goods from UNIKAAD | Hommel Möbelmanufaktur GmbH, Eschenstraße 6, 08468 Reichenbach, Germany during the following business hours: 08:00–15:00.

We do not deliver to Packstations.

5. Payment

The following payment methods are generally available in our shop:

Advance payment (bank transfer)
If you select advance payment, we will provide our bank details in a separate email and dispatch the goods after receipt of funds.

PayPal
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, authenticate with your access data, and confirm the payment instruction. The payment transaction is executed by PayPal immediately after the order is placed. PayPal fees are borne 50% by the customer and 50% by Hommel. This corresponds to 1.5% of the total amount charged to the customer. Further information is provided during checkout.

PayPal Plus
In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., we offer the following PayPal services. Unless stated otherwise below, payment via PayPal Plus does not require registration with PayPal. Details are provided for each option during checkout.

  • PayPal: Registration with PayPal, authentication, and confirmation of the payment instruction are required. The transaction is executed immediately after placing the order.

  • Credit card via PayPal: Your card will be charged by PayPal after the goods have been dispatched.

  • Direct debit via PayPal: Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the debit date (so-called pre-notification). The debit occurs before dispatch of the goods.

  • Invoice payment via PayPal: Payment by invoice via PayPal requires an address and credit check and is made directly to PayPal.

6. Right of Withdrawal (Consumers)

Consumers have a right of withdrawal as described in the Instructions on the Right of Withdrawal. No voluntary right of withdrawal is granted to businesses.

7. Retention of Title

The goods remain our property until paid for in full. For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

For businesses, the following applies in addition: we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale in the amount of the invoice value—regardless of any combining or mixing of the goods with a new item—and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves if you do not meet your payment obligations. We will release securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport Damage

For consumers: if goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to lodge a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us assert our own claims against the carrier or the transport insurer.

9. Warranty and Guarantees

We grant a 10-year guarantee on the colour fastness of the surfaces of our outdoor furniture and kitchens. Freestanding kitchens must be fully covered with a protective cover during winter. Discolouration of fittings or narrow surfaces/edges is not a reason for complaint if protective covers are not used.

9.1 Statutory Liability for Defects

For consumers domiciled in Germany and Austria:
Statutory liability for defects applies.

For consumers domiciled in Switzerland:
You must examine the condition of the received goods as soon as it is feasible in the ordinary course of business and, if defects for which the seller is liable are found, notify us immediately. If the consumer fails to do so, the goods are deemed approved, unless defects are concerned which could not be detected by customary examination. If such defects appear later, notice must be given immediately upon discovery; otherwise, the goods are deemed approved also with respect to these defects.

Please return the defective product to us with a description of the defect. You bear the transport costs incurred. We provide warranty by remedying defects, at our discretion either by eliminating the defect (repair) or by delivering a defect-free item (replacement). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The right to a reduction in price is excluded.

For businesses and merchants:
Unless expressly agreed otherwise below, statutory liability for defects applies.

The following limitations and reductions of time limits do not apply to claims for damages caused by us, our legal representatives, or vicarious agents:

  • in case of injury to life, body, or health;

  • in cases of intentional or grossly negligent breach of duty and fraudulent concealment;

  • in case of breach of essential contractual obligations (cardinal obligations), the fulfilment of which enables proper performance of the contract and on the observance of which the contractual partner may regularly rely;

  • within the scope of a guarantee, if agreed; or

  • where the scope of the German Product Liability Act (Produkthaftungsgesetz) is opened.

Restrictions for businesses:
Only our own specifications and the manufacturer’s product descriptions included in the contract are deemed to constitute an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made with exclusion of any warranty. Statutory limitation periods for recourse claims under Section 445a BGB remain unaffected.

Provisions for merchants (Kaufleute):
Among merchants, the duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated therein, the goods are deemed approved, unless the defect was not recognisable during inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are in all cases liable without limitation for claims based on damages caused by us, our legal representatives, or vicarious agents:

  • for injury to life, body, or health;

  • in cases of intentional or grossly negligent breach of duty;

  • where guarantees have been given, if agreed; or

  • where the scope of the German Product Liability Act applies.

In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives, or vicarious agents, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The competent body is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.verbraucher-schlichter.de.

12. Final Provisions

If you are a business, German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the HGB, 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 you and us is our registered office.

Additional clause on applicable law and venue: German law applies. If the purchaser is a merchant, the exclusive place of jurisdiction is the court competent for Chemnitz.

Note: These GTC were created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.

Instructions on the Right of Withdrawal (Consumers)

Consumers have a 14-day right of withdrawal.

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, takes possession of the last partial shipment or the last item.

To exercise your right of withdrawal, you must inform us (Hommel Küchen- & Möbelmanufaktur GmbH, Eschenstraße 6, 08468 Reichenbach, Germany, hallo@unikaad.de, Phone: +49 3765 552950) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or e-mail). You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for any additional costs arising from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day on which we receive notification of your withdrawal from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct cost of returning the goods in the amount of EUR 120. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not exist for the following contracts:
Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly customised to the consumer’s personal needs.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

— To Hommel Küchen- & Möbelmanufaktur GmbH, Eschenstraße 6, 08468 Reichenbach, Germany, hallo@unikaad.de
— I/We () hereby withdraw from my/our () contract for the purchase of the following goods ()/for the provision of the following service ()
— Ordered on () / received on ()
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.

Special Notes

If you finance this contract by means of a loan and later withdraw from it, you are no longer bound by the loan agreement either, provided that both contracts form an economic unit. This is particularly to be assumed if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already been disbursed to us at the time the withdrawal becomes effective, your lender enters into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the withdrawal or return. The latter does not apply if the present contract relates to the acquisition of financial instruments (e.g., securities, foreign exchange, or derivatives).
If you wish to avoid a contractual obligation to the greatest extent possible, make use of your right of withdrawal and also withdraw from the loan agreement, if you are entitled to a right of withdrawal for that as well.

Note: The withdrawal instructions were created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.

 

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