GENERAL TERMS & CONDITIONS
§ 1 Scope and Definitions
(1) The following general terms and conditions apply for all orders of customers (hereinafter referred to as: “customer” or “you”) from or over the online shop www.edgarhome.com.
Deviating general terms and conditions of the customer will not be accepted unless we expressly agree to their application in writing.
(2) These General Terms and Conditions apply to consumers and businesses. A consumer is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his or her commercial activity, nor to his or her self-employed professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity. Businesses can choose after log on to use the Wholesale Online-Shop under www.edgarhome.com/wholesale.
§ 2 Contract Partners
The sales contract concludes with:
EDGAR Home GmbH
Represented by the Director: Simon Pithie
Commercial register: Amtsgericht Charlottenburg Berlin, HRB: 162257
USt.Id.: DE 297472695
(hereinafter referred to as: “we”)
§ 3 Order process and conclusion of contract
By placing the products in our online shop, we ask you to make a binding purchase offer. Onceyou have found the desired product, you can add it to your shopping cart without any obligation by clicking the [ADD TO CART] button. You can view the contents of your shopping cart at any time by clicking on the shopping cart icon. You can remove the products from the shopping cart at any time by clicking the button [x]. If you want to buy the products in the shopping cart, click the [CHECKOUT] button. Please enter your data (name, delivery address etc.). By clicking the button [PURCHASE] you complete the order process and make a binding purchase offer for the products, you ordered.
The process can be cancelled at any time by closing the browser window. On the individual pages you will find further information, e.g. on correction options. The sales contract is formed if we - within 2 days - send you an order confirmation by email or send your order to you or charge your credit card. Immediately after sending the order you will receive another confirmation of receipt by email. This e-mail does not constitute an order confirmation.
§ 4 Prices and Shipping Costs
(1) The prices stated on the product pages indicate VAT and other price components and do not include shipping costs.
(2) You will be informed about the respective shipping costs on the product pages, in the shopping cart system and on the order page.
§ 5 Delivery
(1) Delivery is only possible within Europe.
(2) The delivery time can be found on the respective product page.
(3) It is not possible to collect the goods yourself. We do not deliver to package stations.
§ 6 Damages in transit, Obligations to give notice
(1) In case goods are delivered with obvious transport damage, please complain about such damage immediately to the deliverer and contact us as soon as possible.
(2) The following applies to consumers: Failure to make a complaint or contact does not have any consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
(3) The following applies to businesses: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment.
(4) The following applies to businesses: Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
§ 7 Terms of Payment
We only offer credit cards as means of payment. When you place your order, you also provide us with your credit card details. Once you have been identified as a legal cardholder, we will immediately ask your credit card company to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and your card is debited.
§ 8 Reservation of Proprietary Rights
The goods remain our property until full payment.
§ 9 Guarantee
(1) For the products offered in our online shop the statutory warranty rights apply.
(2) The following applies to businesses: If the delivered item is defective, we initially provide a warranty at our discretion by remedying the defect (remedy) or by delivering a defect-free item (replacement delivery).
§ 10 Liability
(1) For claims based on damages caused by us, our legal representatives or assistant, we are always liable without limitation for injury to life, body or health, for intentional or grossly negligent breach of duty, for warranty promises, insofar as agreed, or insofar as the scope of application of the Produkthaftungsgesetzes (German Product Liability Act) has been opened.
(2) In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely on (cardinal obligations), through slight negligence by us, our legal representatives or assistant, liability is limited to the amount for which the damage was foreseeable at the time of the conclusion of the contract and which can typically be expected. In all other respects, claims for damages are excluded.
§ 11 Instructions on the right of revocation for consumers
Consumers have the following right of revocation:
GENERAL RIGHT OF REVOCATION
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days, beginning on the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of revocation, you must informs us about your decision to revoke the contract by sending a clear statement (e.g. by a letter, fax or email) to us (EDGAR Home GmbH, Maaßenstraße 7, 10777 Berlin, GERMANY, Telephone: + 49 (0) 40 600 385 3860). You can use the attached Revocation Form Examplefor this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will refund all payments we received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed to otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if such loss in value is due to a way of handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
Revocation Form Example
(If you wish to revoke the contract, please use this format and send it back to us.)
– To EDGAR Home GmbH, Maaßenstraße 7, 10777 Berlin, GERMANY
– With this I / we (*) revoke the contract concluded with me/us (*) about items (*) / following services (*)
– Order on the following date (*) / received on the following date(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s)(only in case of communication on paper)
(*) strike out the option that does not apply to your case.
§ 12 Record of the Text of the Contract, Contract Language
(1) We do not store the text of the contract. You can look at, print or save the Terms and Conditions on the following website: www.edgarhome.com/terms-conditions
The dates of your order and the Terms and Conditions will be sent to you by mail.
(2) The contract languages are German and English.
§ 13 Dispute Resolution
European Commission provides a platform for online dispute resolution, which you can find here: ec.europa.eu/consumers/odr/
We are not willing and not obligated to participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Final Provisions
(1) Contracts between us and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer as consumer has his main residence, shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a separate asset under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and the customer shall be Berlin.
(3) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain effective. The invalid provision shall be replaced by the relevant statutory provisions.
EDGAR Home GmbH, 1 July 2018