Terms and Conditions

1. Scope of Application

The following Terms and Conditions apply to all orders placed through our online shop by consumers and business customers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.

The following applies to business customers: If the business customer uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract, Correction Options

The purchase contract is concluded with Nette GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.

You may initially add our products to your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process.

By clicking the order button, you are submitting a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent via email immediately after the order is submitted.

We accept your offer within two days by sending a declaration of acceptance in a separate email or, if applicable, by having the payment transaction processed by our service provider or the selected payment service provider.

The timing of the payment transaction depends on the selected payment method, see “Payment”. The relevant alternative for you depends on which of the listed events occurs first.

3. Contract Language, Storage of Contract Text

The languages available for the conclusion of the contract are German and English.

We store the contract text and send you the order details and our Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Subject Matter of the Contract

4.1 Product Description

Please note that the respective product description is an integral part of the contract.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:

Due to individual screen configurations, for example resolution and brightness, minor deviations between the displayed and actual product colors are possible.

For wood products, natural variations in grain, texture, and color of the wood are possible.

4.3 Right of Use

Any sketches, drafts, prototypes, etc., created by us to fulfill the order are legally protected.

We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the extent agreed upon in the contract.

5. Requirements and Handling of Customer Content

5.1 Requirements

If fulfilling the order requires you to provide us with content, for example text, data or files, the technical options available for this purpose and any applicable requirements are governed by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you provide. We do not perform any content or editorial review prior to executing the order.

5.2 Compliance with Applicable Law

The content and the products to be created from it must always comply with the applicable legal provisions.

In particular, they must not infringe upon any third-party rights or claims, in particular copyrights, trademarks, or other intellectual property rights, nor contain or serve any content or purposes that glorify violence, are discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.

5.3 Indemnification

You shall indemnify us against any claims by third parties that they may assert in connection with an infringement of their rights resulting from our contractual use.

You shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount.

This indemnification does not apply if you are not responsible for the infringement.

In the event of a claim by a third party, you are obligated to provide us immediately, truthfully, and completely with all information necessary for the examination of the claims and for our defense.

5.4 Right of Withdrawal

We reserve the right to refuse the order or withdraw from the contract if the content you provide for this purpose violates legal or regulatory prohibitions or is contrary to public morality, or if there is reasonable suspicion to that effect.

This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

6. Delivery Terms

6.1 Delivery Area

We deliver within Germany.

6.2 Delivery Options

We ship the products to the delivery address provided during the ordering process.

We only offer shipping. Unfortunately, pickup of the goods is not possible.

We do not deliver to package stations.

6.3 Delivery by Freight Carrier

Scheduling

For freight deliveries, the freight carrier we have commissioned will contact you to schedule a delivery date.

Delivery Location

Delivery of the goods consists solely of transporting and unloading the goods at the first public curb of the agreed delivery address.

Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless otherwise expressly agreed.

7. Payment

7.1 Due Date and Late Payment

The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms.

For consumers: In the event of late payment, we reserve the right to charge you a fee of 1.50 euros per reminder starting with the second and each subsequent reminder. You retain the right to prove that the actual damage incurred was less. Further claims remain unaffected by this.

For business customers: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base rate, as well as a flat fee of 40 euros. Further claims remain unaffected by this.

7.2 Payment Methods

The following payment methods are generally available in our shop.

Prepayment

If you select the prepayment method, we will provide you with our bank details in a separate email and ship the goods upon receipt of payment.

SEPA Direct Debit

By placing your order, you grant us a SEPA Direct Debit mandate.

We will inform you of the date of the account debit at least one banking business day in advance, so-called prenotification.

A banking business day is any working day except Saturdays, federal public holidays, and December 24 and 31 of each year.

The account will be debited after the goods have been shipped.

Amazon Pay

To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg, “Amazon”, you must be registered with Amazon, authenticate yourself using your login credentials, and confirm the payment instruction.

The payment transaction will be processed by Amazon Pay within one banking business day after the order is placed.

Amazon Pay may offer additional payment methods in the customer account to registered Amazon Pay customers selected according to its own criteria. However, we have no influence over the offering of these methods; any additional payment methods offered on an individual basis pertain to your legal relationship with Amazon Pay.

You can find further information on this in your Amazon Pay account.

Klarna

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, “Klarna”, we offer you the following payment options.

Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is available under the respective payment option and during the ordering process.

Purchase on account via Klarna

The invoice amount is due 14 days after shipment of the goods and receipt of the invoice. Payment by invoice is available only to consumers.

Klarna may offer additional payment terms in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence over the availability of these options; any additional payment options offered on an individual basis pertain to your legal relationship with Klarna.

You can find further information on this in your Klarna account.

Direct debit via Klarna

You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date the account will be debited, so-called prenotification. The account will be debited after the goods have been shipped.

Installment Purchase via Klarna

You can pay the invoice amount in up to 36 monthly installments. A down payment may be required for some orders. The due dates are based on Klarna’s payment schedule.

The “Installment Purchase via Klarna” payment method is available only to consumers.

Klarna may offer additional payment options in the customer account to registered Klarna customers selected according to its own criteria, for example interest-free installment plans. However, we have no influence over the offering of these options; any additional payment options offered on an individual basis pertain to your legal relationship with Klarna.

You can find further information on this in your Klarna account.

Pay Now via Klarna

To pay the invoice amount via Klarna’s Pay Now service, you must have a Klarna account and a bank account enabled for online banking, verify your identity, and confirm the payment instruction.

No credit check is performed when paying via Pay Now. Your account will be debited immediately after placing the order. Further instructions are provided during the ordering process.

PayPal, PayPal Express

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 yourself using your login credentials, and confirm the payment instruction.

The payment transaction is processed by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their PayPal accounts. However, we have no influence over the availability of these options; any additional payment options offered on an individual basis pertain to your legal relationship with PayPal.

You can find further information on this in your PayPal account.

Invoice

The invoice amount is due 7 days after receipt of the invoice and the goods via bank transfer to the bank account specified on the invoice.

We reserve the right to offer purchase on account only after a successful credit check.

8. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy.

Business customers are not granted a voluntary right of withdrawal.

9. Retention of Title

The product remains our property until full payment has been made.

The following applies additionally to business customers: We reserve ownership of the product 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 hereby assign to us in advance all claims arising from such resale—regardless of whether the goods subject to retention of title are combined or mixed with a new item—in the amount of the invoice, and we accept this assignment.

You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

We will release the security to which we are entitled at your request to the extent that the realizable value of the security exceeds the value of the outstanding claims by more than 10%.

10. Transport Damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately.

Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance company.

For business customers: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment.

11. Warranty and Guarantees

11.1 Liability for Defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following limitations and shortened time limits do not apply to claims arising from damages caused by us, our legal representatives, or vicarious agents:

• in cases of injury to life, bodily injury, or harm to health;
• in cases of intentional or grossly negligent breach of duty or in cases of fraud;
• in the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely, so-called cardinal obligations;
• within the scope of a warranty promise, if agreed;
• or to the extent that the Product Liability Act applies.

Limitations Regarding Business Customers

With respect to business customers, only our own specifications and the manufacturer’s product descriptions incorporated into the contract shall be deemed an agreement regarding the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims.

For business customers, the statute of limitations for claims for defects in newly manufactured goods is one year from the transfer of risk.

The preceding sentence does not apply to an item that has been used in accordance with its customary use for a structure and has caused its defectiveness.

The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.

Notice to Merchants

Among merchants, the duty to inspect and give notice of defects as set forth in § 377 of the German Commercial Code (HGB) applies.

If you fail to provide the notice required thereunder, the goods shall be deemed accepted, unless the defect was not recognizable upon inspection.

This does not apply if we have fraudulently concealed a defect.

11.2 Warranties and Customer Service

Information regarding any applicable additional warranties and their specific terms can be found with each product and on dedicated information pages in the online store.

12. Liability

We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives, or vicarious agents:

• in cases of injury to life, limb, or health;
• in cases of intentional or grossly negligent breach of duty;
• in cases of warranty promises, to the extent agreed;
• or where the scope of the Product Liability Act applies.

In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely, so-called cardinal obligations, due to slight negligence on our part, on the part of our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

13. Dispute Resolution

To resolve disputes arising from a contractual relationship with a consumer or regarding whether such a contractual relationship exists at all, we are obligated to participate in dispute resolution proceedings before a consumer arbitration board.

The competent body is the Federal Universal Arbitration Board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/.

We will participate in dispute resolution proceedings before this body.

14. Final Provisions

If you are a business operator, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, 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 us and you is our place of business.

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