Terms of service

 

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. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Code of Conduct
13. Alternative Dispute Resolution


1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of HOUSE OF KONZEPT GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature and who provides a private billing address.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity and who uses a company address as their billing address.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated in 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 concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the 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 one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer submits the offer and ends at the expiry of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if the Customer does not have a PayPal account — subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button concluding the ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects the payment method "Amazon Payments" during the online ordering process, the Customer simultaneously issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares acceptance of the Customer's offer at the moment the Customer initiates the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the order has been submitted. The Seller will not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the relevant login credentials.
2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which can be used to enlarge the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 The languages available for concluding the contract are German and English.
2.9 Order processing and contact are generally handled by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal
3.1 Private (EU) consumers are generally entitled to a statutory right of withdrawal. Private consumers are defined as those who provide a private billing address. Commercial customers, on the other hand, are defined as those who provide a company address as their billing address.
3.2 Further information on the right of withdrawal can be found in the Withdrawal Policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices inclusive of statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
4.3 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, which may be subject to special payment terms that may be communicated to the Customer separately. Further information on "Shopify Payments" can be found at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions
5.1 Where the Seller offers delivery of 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 in the Seller's order processing shall be decisive for the execution of the transaction. Notwithstanding the above, if the Customer selects PayPal as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods 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 the costs of return shipment if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provisions set out in the Seller's withdrawal policy shall apply to the costs of return shipment.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the carrier, freight forwarder or other person or entity designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or an authorised recipient. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer acting as a consumer as soon as the Seller has handed over the goods to the carrier, freight forwarder or other person or entity designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or other person or entity and the Seller has not previously named that person or entity to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery by its supplier. This applies only where the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be notified immediately and any payment already made will be refunded without delay.
5.5 Collection in person is not possible for logistical reasons.
5.6 Vouchers will be made available to the Customer as follows:
- by download
- by email
5.7 Technical Specifications for Electrical and Lighting Products
Unless otherwise stated on the respective product page, all electrical devices, luminaires and other products with a power connection are supplied exclusively in the version intended for the European market (230 V / 50 Hz, EU plug type C/F). Suitability for other electrical systems (e.g. USA/Canada: 120 V / 60 Hz) is not guaranteed unless expressly stated on the product page. The Customer is responsible for ensuring compatibility with the electrical supply system applicable in their country.

6) Retention of Title
If the Seller provides advance payment, the Seller retains ownership of the delivered goods until full payment of the purchase price has been received.

7) Liability for Defects (Warranty)
7.1 Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7.2 If the Customer is acting as an entrepreneur,
- the Seller has the right to choose the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, rights and claims for defects are excluded;
- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.
7.3 The aforementioned limitations of liability and reductions of limitation periods do not apply
- to claims by the Customer for damages and reimbursement of expenses,
- in cases where the Seller has fraudulently concealed a defect,
- for goods that have been used in accordance with their customary purpose for a building and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.4 For entrepreneurs, the statutory limitation periods for any statutory rights of recourse shall furthermore remain unaffected.
7.5 If the Customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.6 If the Customer is acting as a consumer, they are requested to report any obvious transport damage to the delivery person and to notify the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual warranty rights.

8) Redemption of Promotional Vouchers
8.1 Vouchers issued by the Seller free of charge as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") may only be redeemed in the Seller's online shop and only within the specified period.
8.2 Promotional Vouchers may only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is indicated in the content of the Promotional Voucher.
8.4 Promotional Vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.5 Only one Promotional Voucher may be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
8.7 If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
8.8 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
8.9 The Promotional Voucher will not be refunded if the Customer returns all or part of the goods paid for with the Promotional Voucher within the scope of their statutory right of withdrawal.
8.10 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge of or is grossly negligent in not knowing about the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.

9) Redemption of Gift Vouchers
9.1 Gift vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") may only be redeemed in the Seller's online shop, unless otherwise stated on the Gift Voucher.
9.2 Gift Vouchers and any remaining balance on Gift Vouchers may be redeemed until the end of the third year following the year in which the Gift Voucher was purchased. Any remaining balance will be credited to the Customer until the expiry date.
9.3 Gift Vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one Gift Voucher may be redeemed per order.
9.5 Gift Vouchers may only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
9.6 If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
9.7 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.
9.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge of or is grossly negligent in not knowing about the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.

10) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Place of Jurisdiction
If the buyer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of the Seller shall be the exclusive place of jurisdiction for all legal 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 always be entitled to bring proceedings before the court at the Customer's registered office.

12) Code of Conduct
- The Seller has submitted to the guidelines of "Google Customer Reviews", which are available online at https://support.google.com/merchants/topic/7105962.

13) Alternative Dispute Resolution
13.1 The European Commission provides an online dispute resolution platform, available at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.