General terms and conditions
1. VALUATION
1.1 Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. These shall also apply to all future business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services.
1.2 Deviating conditions, in particular business or purchasing conditions of the buyer/ordering party, are hereby expressly rejected.
2. OFFER / CONCLUSION OF CONTRACT
2.1 Our offers are subject to change and non-binding. Declarations of acceptance and all orders require our written confirmation to be legally effective.
2.2 Agreements made by telephone and verbally shall also only become legally valid if they are confirmed by us in writing.
2.3 The scope of the order is precisely described in the order confirmation. Ancillary agreements, changes and the resulting costs shall be charged separately. Drawings, illustrations, dimensions; weight or other performance data are only binding if this is expressly agreed in writing.
3. PRICES
3.1 Unless otherwise stated, we shall be bound by the prices contained in our offers for 14 days from the date thereof. Otherwise, the prices stated in our order confirmation plus the respective statutory value added tax shall be decisive. Additional deliveries and services shall be invoiced separately.
3.2 Unless otherwise agreed, the prices are ex works.
4. DELIVERY AND PERFORMANCE TIME
4.1 Delivery dates or deadlines, which may be agreed as binding or non-binding, must be in writing.
4.2 Delays in delivery and performance due to force majeure and due to events which make delivery significantly more difficult or impossible for us, not only temporarily - these include in particular operational disruptions, strikes, lockouts, official orders, etc. - shall not be our responsibility, even if they occur at our suppliers or their sub-suppliers. - even if they occur at our suppliers or their sub-suppliers, we are not responsible even in the case of bindingly agreed deadlines and dates. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled. If the impediment lasts longer than three months, the customer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if we are released from our obligation, the customer cannot derive any claims for damages from this. We may only invoke the aforementioned circumstances if we notify the customer immediately.
4.3 If we are responsible for the non-observance of agreed deadlines and dates or if we are in default, the customer shall be entitled to compensation for default in the amount of 0.5 % for each full week of default, but in total not more than 5 % of the invoice value of the deliveries and services affected by the default. Claims exceeding this are
excluded, unless the delay is due to at least gross negligence.
4.4 We are entitled to make partial deliveries and render partial services at any time, unless the partial delivery or partial service is not of interest to the customer.
4.5 Compliance with our delivery and performance obligations presupposes the timely and proper fulfilment of the purchaser's obligations.
4.6 If the customer is in default of acceptance, we shall be entitled to demand compensation for the damage incurred by us as a result; the risk of accidental deterioration and accidental loss shall pass to the customer upon occurrence of the default of acceptance. With the exception of clause 4.2, the customer is in no case entitled to refuse acceptance in the event of delayed delivery.
5. GOODS WITHDRAWAL
5.1 Goods returns can only be accepted if they are made carriage paid to our warehouse. Goods cut to size, separate order and custom-made products will not be taken back unless we, acknowledging a defect, give consent.
6. PROPERTIES OF THE WOOD
6.1 Wood is a natural product; its natural properties, deviations and characteristics must therefore always be observed. In particular, the buyer must take its biological, physical and chemical properties into account when purchasing and using it.
6.2 The range of natural colour, structure and other differences within a type of wood is part of the properties of the natural product wood and does not constitute any reason for complaint or liability.
6.3 If this is not the case, the buyer must seek professional advice.
6.4 If defects are detected, the goods may not be processed or installed, otherwise the warranty shall lapse in this respect.
7. TRANSFER OF RISK
7.1 The risk shall pass to the Purchaser as soon as the consignment has been handed over to the person carrying out the transport, or if it is delayed for the purpose of dispatch at the request of the Purchaser, the risk shall pass to the Purchaser upon notification of readiness for dispatch.
8. NOTICE OF DEFECTS AND WARRANTY
8.1 The products are delivered free of manufacturing and material defects, the period for asserting claims for defects is 6 months from delivery of the products.
8.2 If operating or maintenance instructions given by us are not followed, changes are made to the products, parts are replaced or consumables are used that do not comply with the original specifications, claims for defects in the products shall be forfeited if the
The customer has not refuted a corresponding substantiated claim that one of these circumstances caused the defect.
8.3 The purchaser must notify us in writing of any defects without delay, but at the latest within one week of receipt of the delivery item. Defects which cannot be discovered within this period even after careful inspection must be notified to us in writing immediately after discovery.
8.4 In the event of justified complaints, the Seller shall be entitled to determine the type of subsequent performance (replacement delivery, rectification), taking into account the type of defect and the justified interests of the Buyer.
8.5 The Buyer shall inform the Seller as soon as possible of any warranty case occurring with a consumer.
8.6 Liability for normal wear and tear is excluded.
8.7 Only the direct purchaser shall be entitled to claims against us due to defects and such claims shall not be assignable.
9. RESERVATION OF OWNERSHIP
9.1 Until fulfilment (including all balance claims from current account) to which we are entitled against the customer for any legal reason now or in the future, we shall be granted the following securities, which we shall release on request at our discretion, insofar as their value exceeds the claims of the customer.
by more than 20 % on a sustained basis.
9.2 The goods shall remain our property. Processing or transformation shall always be carried out for us as manufacturer, but without any obligation for us. If our (co-) ownership expires due to combination, it is already agreed now that the (co-) ownership of the purchaser in the unified object shall be proportionate to the value of the goods.
(invoice value) is transferred to us. The purchaser shall keep our (co-) ownership in safe custody free of charge. Goods to which we are entitled to (co-)ownership are hereinafter referred to as reserved goods.
9.3 The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The claims arising from the resale or any other legal reason (insurance, tort) with regard to the goods subject to retention of title (including all balance claims as current account) shall be assigned by the customer to us already now.
to us by way of security to the full extent. We revocably authorise him to collect the claims assigned to us for his account in his own name. This direct debit authorisation can only be revoked if the customer does not properly fulfil his payment obligations.
9.4 In the event of access by third parties to the goods subject to retention of title, in particular seizures, the purchaser shall draw attention to our ownership and notify us immediately so that we can enforce our ownership rights. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs incurred in this connection, the customer shall be liable for these.
9.5 In the event of any breach of contract by the customer - in particular default of payment - we shall be entitled to withdraw from the contract and to demand the return of the goods subject to retention of title.
10. TOLERANCES, SAMPLES, CUSTOM-MADE PRODUCTS, PRINTING ERRORS,
SAMPLE PROTECTION
10.1 Samples on which a delivery is based shall be deemed to be an approximate basis for the delivery and shall not include any warranty of sample-like properties unless expressly warranted. In the event of loss, damage or deterioration of samples and templates etc. sent to us, we shall provide a replacement.
or breakage no replacement.
10.2 In the case of custom-made products according to the buyer's specifications, drawings or designs, the buyer alone shall be responsible for the structurally correct design, the practical suitability of the delivered parts, the correctness with regard to patent, utility model and design patent law, even if he was advised by us during the development. We shall not be liable for any consequences arising in this connection. The buyer is obliged to indemnify us against all claims of third parties.
10.3 Information, data and technical advice about application and
Processing possibilities of our products are non-binding and are carried out under exclusion of any liability, unless there has been an assurance on our part, intent or gross negligence.
10.4 All dimensions and illustrations in catalogues are non-binding and require our written confirmation. We accept no responsibility for printing errors in catalogues, price lists and on the Internet.
11. PAYMENTS
11.1 Unless otherwise agreed, payments shall be made within 14 daysн after receipt of the invoice.
We shall be entitled, despite any provisions of the customer to the contrary, to set off payments first against the customer's older debts; the customer shall be informed of the type of set-off made. If costs and interest have already been incurred, we shall be entitled to set off the payment first against the costs, then against the interest and finally against the main performance.
11.2 A payment shall only be deemed to have been made when we can dispose of the amount. In the case of cheques, payment shall only be deemed to have been made when the cheque is cashed.
11.3 If the customer is in default, we shall be entitled to demand interest at a rate of 8 percentage points above the base interest rate as flat-rate compensation from the relevant date. The customer shall be at liberty to prove lower damages; proof of higher damages by us shall be admissible.
11.4 If we become aware of circumstances which call into question the creditworthiness of the customer, in particular if a cheque is not honoured or the customer stops payments or if we become aware of other circumstances which call into question the creditworthiness of the customer, we shall be entitled to call due the entire remaining debt, even if we have accepted cheques. In this case, we are also entitled to demand advance payments or securities.
11.5 The customer shall only be entitled to set-off, retention and reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. The customer shall also be entitled to withhold payment on the basis of counterclaims arising from the same contractual relationship.
12. LIABILITY
12.1 Claims for damages are excluded irrespective of the type of breach of duty, including tortious acts, except in the case of wilful misconduct or gross negligence.
12.2 In the event of a breach of material contractual obligations, we shall be liable for any negligence, but only up to the amount of the foreseeable damage. Claims for loss of profit, saved expenses, from claims for damages by third parties as well as for other indirect and consequential damages cannot be demanded, unless a procurement characteristic guaranteed by us has the specific purpose of protecting the purchaser against such damages.
12.3 The limitations and exclusions of liability in paragraphs 12.1. and 12.2. do not apply to claims which have arisen due to fraudulent conduct on our part, as well as in the case of liability for guaranteed characteristics, for claims under the Product Liability Act and damages arising from injury to life, limb or health.
12.4 Insofar as our liability is excluded or limited, this shall also apply to our employees, other workers, representatives and vicarious agents.
13. APPLICABLE LAW, PLACE OF JURISDICTION, PARTIAL INVALIDITY
13.1 The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between us and the Customer. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
13.2 Insofar as the Buyer is a merchant, a legal entity under public law or a special fund under public law, Freyung shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, the Seller shall also be entitled to sue the Buyer at the Buyer's place of business.
14.3 If a provision in these terms and conditions or a provision within the scope of other agreements becomes invalid, this shall not affect the validity of all other provisions or agreements.
B. Information on data protection
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1) Information on the collection of personal data and contact details of the data controller
1.1 In the following, we inform you about the handling of your personal data, whereby personal data is all data with which you can be personally identified.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is GIF NATUR GMBH, Katzenbusch 2, 32584 Löhne, Germany, Tel.: +4917683220039, e-mail: info@natur-gif.team. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Contacting
When contacting us (e.g. via contact form or e-mail), personal data is collected. You can see what this data is from the contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
3) Data processing for order handling
3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the scope of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 Para. 1 lit. b DSGVO.
3.2 In order to fulfil our contractual obligations to our customers, we work together with external shipping partners. We pass on your name as well as your delivery address to a shipping partner selected by us exclusively for the purpose of delivering goods Art. 6 para. 1 lit. b DSGVO.
3.3 - Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
- Right to information pursuant to Art. 15 DSGVO;
- Right to rectification pursuant to Art. 16 DSGVO;
- Right to erasure pursuant to Art. 17 DSGVO;
- Right to restriction of processing pursuant to Art. 18 DSGVO;
- Right to information pursuant to Article 19 of the GDPR;
- Right to data portability pursuant to Art. 20 DSGVO;
- Right to revoke consent given in accordance with Art. 7 (3) DSGVO;
- Right to lodge a complaint pursuant to Article 77 of the GDPR.
4.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of the storage of personal data
The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, this data is stored until the data subject revokes his/her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract and/or there is no justified interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) lit. f DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21 (2) DSGVO.
Unless otherwise indicated in the other information in this statement on specific processing situations, stored personal data are otherwise deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
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C. Cancellation policy
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Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns GafnerImmo Natur GmbH, Vlothoer Str. 119, 32547 Bad Oeynhausen, Deutschland, Tel.: +4917683220039, E-Mail: info@gafnerimmo-natur.de) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods. The direct costs of the return shipment are estimated at a maximum of approximately 800 euros for each such item with regard to such goods which, due to their nature, cannot be returned to us normally by post (forwarding goods).
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
General notes
1) Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
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D. Cancellation form
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If you wish to cancel the contract, please complete and return this form.
To
GafnerImmo Natur GmbH
Vlothoer Str. 119
32547 Bad Oeynhausen
Germany
Tel.: +4917683220039
E-Mail: info@gafnerimmo-natur.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only in the case of notification on paper)
_________________________
Date
(*) Delete as applicable
GafnerImmo Natur GmbH
Vlothoer Str. 119
32547 Bad Oeynhausen
Germany
Tel.: +4917683220039
E-Mail: info@gafnerimmo-natur.de
Register court: Commercial register Bad Oeynhausen
Registration number: HRB17985
Managing Director: Sergej Rieh
EU Commission platform for online dispute resolution: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Cancellation is generally excluded for all purchases of custom-made products - regardless of the start of production.
(ECJ Judgment of 21.10.2020, Case C-529/19)
Legal notice Electric oven:
The electrical connection of this sauna heater may only be carried out by a specialist because it requires a power connection. Power sockets" are colloquially referred to as CEE sockets. They are sockets with three-phase alternating current (L1,L2,L3), neutral (N) and protective conductor (PE). The nominal voltage is 400 volts. The international designation
of CEE plugs, couplings and sockets for industrial applications has been referred to as IEC 60309 since 1999.
Legal notice Wood stove:
From 01.07.2012, wood-burning stoves in Europe may only be equipped with the
"CE NORM EN 15821" certification may be placed on the market.
For Germany, compliance with the Federal Immission Control Act (BImSchV) also applies. Please clarify your project in advance and ask your district chimney sweep whether and which standards (BImSchV1/BImSchV2) your future wood-fired sauna heater must fulfil.
Installation von Holz,- Elektroöfen erfolgt in Eigenleistung bzw. muss von einem Fachmann installiert / abgenommen werden und wird von der GafnerImmo Natur GmbH
zur keinem Zeitpunkt geschuldet.
