General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Homestyle4u GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, online contact form or telephone.

2.3 The Seller may accept the Customer’s offer within five days:

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when the first of the alternatives occurs. The period for acceptance of the offer begins on the day following the Customer's submission of the offer and ends at the expiry of the fifth day thereafter. If the Seller does not accept the Customer's offer within this period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, subject to the PayPal User Agreement.

2.5 If the payment method "Amazon Payments" is selected, payment processing shall be carried out via Amazon Payments Europe s.c.a., Luxembourg, subject to the applicable Amazon Payments terms and conditions.

2.6 The contract text shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter). The Seller shall not make the contract text accessible beyond this. If the Customer has created a user account before submitting the order, the order data will be archived and may be accessed free of charge via the password-protected user account.

2.7 Before submitting a binding order, the Customer may identify input errors by carefully reviewing the information displayed on the screen. A useful technical means for detecting input errors may be the browser’s zoom function. The Customer may correct entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided is correct and capable of receiving messages from the Seller.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, all prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.

4.2 Deliveries to countries outside the European Union may incur additional costs that are not the responsibility of the Seller and must be borne by the Customer. These include, for example, bank transfer fees, exchange rate charges, customs duties, or import taxes.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract unless otherwise agreed.

4.5 If a payment method offered through PayPal is selected, payment processing shall be carried out through PayPal. Where PayPal offers payment methods involving advance payment by the Seller (e.g. purchase on account or instalment payments), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal.

4.6 If a payment method offered through Klarna is selected, payment processing shall be carried out by Klarna Bank AB (publ), Stockholm, Sweden.

4.7 If a payment method offered through SumUp is selected, payment processing shall be carried out by SumUp Limited, Dublin, Ireland.

4.8 If the "easyCredit Instalment Purchase" payment method is selected, payment processing shall be carried out by TeamBank AG, Nuremberg, Germany, to which the Seller assigns its payment claim.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated during the Seller’s order processing shall be decisive. If PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 Goods delivered by freight forwarding service shall be delivered "curbside", meaning to the nearest public curb at the delivery address, unless otherwise stated in the Seller’s shipping information or otherwise agreed.

5.3 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. In the event of a valid withdrawal, the provisions of the Seller’s withdrawal policy shall apply regarding return shipping costs.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk generally passes only upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding the foregoing, the risk shall also pass to consumers once the Seller has handed over the goods to the carrier if the Customer independently commissions the carrier and the Seller has not previously designated that carrier.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier exercising due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer shall be informed immediately and any consideration already paid shall be refunded without delay.

5.6 If the Seller offers collection of the goods, the Customer may collect the ordered goods during the Seller’s business hours at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance deliveries, ownership of the delivered goods shall remain with the Seller until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions governing liability for defects shall apply. The following deviations apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

• the Seller shall have the right to choose the type of subsequent performance;
• for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
• for used goods, claims for defects shall be excluded;
• the limitation period shall not recommence if replacement goods are supplied within the scope of liability for defects.

7.2 The above limitations of liability and reductions of limitation periods shall not apply:

• to claims for damages and reimbursement of expenses by the Customer;
• if the Seller has fraudulently concealed a defect;
• to goods that have been used for a building in accordance with their usual purpose and have caused the defectiveness of that building;
• to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 For entrepreneurs, the statutory limitation periods for any existing right of recourse shall remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB. Failure to comply with these obligations shall result in the goods being deemed approved.

7.5 Consumers are requested to report any obvious transport damage directly to the carrier and inform the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual warranty rights.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal basis:

• in cases of intent or gross negligence;
• for intentional or negligent injury to life, body or health;
• on the basis of a guarantee, unless otherwise provided therein;
• under mandatory statutory liability, such as liability under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies under the foregoing provisions. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely.

8.3 Any further liability of the Seller shall be excluded.

8.4 The above liability provisions shall also apply to the liability of the Seller’s vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") may only be redeemed in the Seller’s online shop and only within the specified period.

9.2 Promotional Vouchers may only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if such restriction results from the content of the Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher may be redeemed per order.

9.6 If the Promotional Voucher relates to a fixed value rather than a percentage discount, the value of the order must be at least equal to the value of the voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.8 The balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.

9.9 A Promotional Voucher will not be refunded if the Customer returns goods paid for wholly or partially with the voucher within the framework of the statutory right of withdrawal.

9.10 Promotional Vouchers are transferable. The Seller may perform with discharging effect to the respective holder redeeming the voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the holder’s lack of entitlement, legal incapacity, or lack of authority to represent.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.

If the Customer is established outside the territory of the Federal Republic of Germany, the Seller’s registered office shall also be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity.

In the aforementioned cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer’s place of business.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.