AGB
AGB
General Terms and Conditions with Customer Information
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. liability for defects (warranty)
8. redemption of promotional vouchers
9. applicable law
10. place of jurisdiction
11. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of billerbeck Home
Stores GmbH (hereinafter referred to as the "Seller") shall apply to all contracts for the delivery of goods which a consumer or
goods which a consumer or entrepreneur (hereinafter referred to as the "Customer") enters into with the
with regard to the goods presented by the Seller in its online shop.
The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for
purposes which are predominantly neither commercial nor self-employed.
professional activity. An entrepreneur within the meaning of these GTC is a
legal person or a partnership with legal capacity who, when concluding a legal transaction
legal transaction in the exercise of his commercial or self-employed professional
professional activity.
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. binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer. binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop.
online order form integrated in the Seller's online shop. In doing so, the customer, after having placed the selected goods
into the virtual shopping basket and has gone through the electronic ordering process,
the electronic ordering process, the customer makes a legally binding offer to conclude the
binding offer of contract with regard to the goods contained in the shopping basket.
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).
confirmation of the order in text form (fax or e-mail), whereby the receipt of the
the receipt of the order confirmation by the customer shall be decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned
the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the
the offer begins on the day after the customer sends the offer and ends with the
and ends with the expiry of the fifth day following the dispatch of the offer.
If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer.
rejection of the offer with the consequence that the customer is no longer bound to his
is no longer bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, the payment will be processed via the payment service provider PayPal (Europe S.A.).
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 - in case
the customer does not have a PayPal account - under the terms and conditions for payments
payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects
PayPal Express" as a method of payment during the online ordering process, he/she gives his/her consent to the
button that concludes the ordering process, the customer also issues a payment order to PayPal at the same time.
In this case, the seller declares acceptance of the customer's offer at the time the customer
the moment the customer initiates the payment process by clicking the button that concludes the
button that completes the order process.
2.5 If the payment method "Amazon Payments" is selected, the payment will be processed via
the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg
(hereinafter referred to as: "Amazon"), subject to the Amazon Payments Europe
agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer chooses
the customer selects "Amazon Payments" as the payment method during the online ordering process,
the customer also issues a payment order to Amazon by clicking the button that concludes the order process.
payment order to Amazon. In this case, the seller declares acceptance of the customer's
of the customer's offer at the point in time at which the customer, by clicking on the button
the order process by clicking the button that completes the order process.
2.6 When submitting an offer via the Seller's online order form, the text of the
saved by the Seller and sent to the Customer in text form (e.g. by e-mail
together with these General Terms and Conditions in text form (e.g. e-mail, fax or letter).
In addition, the text of the contract shall be archived on the Seller's website and may be accessed by the
can access it free of charge via his password-protected customer account by entering the relevant login data, provided that the
free of charge, provided that the customer has created a customer account in the online shop of the
customer account in the Seller's online shop before submitting his order.
2.7 Prior to the binding submission of the order via the Seller's online order form, the Customer can
possible input errors by carefully reading the information displayed on the screen.
information displayed on the screen. An effective technical means for better
of input errors can be the enlargement function of the browser, which helps to enlarge the
The browser's magnification function can be an effective technical tool for better recognising input errors. The customer can check his or her
customer can correct his entries during the electronic ordering process using the usual keyboard and
mouse functions until he clicks the button that concludes the ordering process.
button which completes the order process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by e-mail and automated order processing.
automated order processing. The customer must ensure that the e-mail address he or she has
order processing is correct, so that the e-mails sent by the seller can be received at this address.
the e-mails sent by the Seller can be received. In particular, the
customer must ensure that all e-mails sent by the seller or by the seller commissioned with the
third parties commissioned by the Seller to process the order can be delivered.
can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of withdrawal can be found in the Seller's
of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices.
prices are total prices which include the statutory value added tax.
included. Any additional delivery and shipping costs will be indicated separately in the respective
separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the Seller's online shop.
informed.
4.3 If payment in advance by bank transfer is agreed, payment shall be due immediately after the
immediately after conclusion of the contract, unless the parties have agreed on a later due date.
agreed.
4.4 In the case of payment by means of a payment method offered by PayPal, the
payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.,
22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: "PayPal"), subject to the
PayPal terms of use, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not
PayPal account - under the terms and conditions for payments without a PayPal account.
account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the payment method purchase on account via Heidelpay is selected, the purchase price becomes due, after the goods have been delivered and invoiced. In this case, the purchase price
within 14 (fourteen) days of receipt of the invoice without deduction to Heidelberger Payment GmbH, Vangerowstr.
Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter "Heidelpay").
The payment method "purchase on account" requires a successful credit check by Heidelpay.
as a prerequisite. If the customer is allowed to pay by invoice after the credit check, the payment
the payment is processed in cooperation with Heidelpay, to which the seller assigns his payment claim.
to which the seller assigns his payment claim. In this case, the customer can only transfer payment to
Heidelpay with debt-discharging effect. Even if the seller selects the
Heidelpay, the seller remains responsible for general customer enquiries, e.g. regarding
goods, delivery time, shipment, returns, complaints, declarations of revocation and revocation
or credit notes.
The payment method purchase on account via Heidelpay is excluded,
- if the order value is less than 25.00 Euro,
- if the delivery address provided by the customer is not identical to the billing address, in particular
is not identical with the billing address, in particular if a Packstation or a P.O. Box is specified as the delivery address,
or
- if the customer has not yet reached the age of 18.
The Seller also reserves the right to offer the payment method "purchase on account via Heidelpay" only up to a certain order volume.
up to a certain order volume and to refuse this payment method if the order volume
the specified order volume. In this case, the Seller shall inform the customer
customer of a corresponding payment restriction in his payment information in the online shop.
payment restriction in the payment information in the Online Shop.
4.6 If the direct debit payment method via Heidelpay is selected, the invoice amount is due upon conclusion of the contract.
due upon conclusion of the contract. The direct debit payment method via Heidelpay requires a successful credit
credit check by Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg, Germany (hereinafter "Heidelpay").
(hereinafter referred to as "Heidelpay"). If the customer is permitted to pay by direct debit after the
payment by direct debit after the creditworthiness has been checked, the payment shall be processed in cooperation with Heidelpay.
Heidelpay, to which the seller assigns his payment claim. In this case Heidelpay is
revocably authorised to collect the invoice amount from the customer's specified account.
account. In the event of assignment, payment can only be made to Heidelpay with debt-discharging effect.
be made. The direct debit is effected when the ordered goods leave the seller's warehouse.
leaves the Seller's warehouse. Even if the direct debit payment method via Heidelpay is selected, the Seller shall remain
responsible for general customer enquiries, e.g. about the goods, delivery time, dispatch, returns,
complaints, revocation declarations and deliveries or credit notes.
The payment method direct debit via Heidelpay is excluded,
- if the order value falls below the amount of 25.00 euros,
- if the delivery address provided by the customer is not identical with the billing address, in particular
is not identical with the billing address, in particular if a Packstation or a P.O. Box is specified as the delivery address,
or
- if the customer has not yet reached the age of 18.
The Seller also reserves the right to offer the direct debit payment method via Heidelpay only up to a certain order volume.
up to a certain order volume and to refuse this payment method if the order volume
order volume and to refuse this payment method if the order volume exceeds the specified volume. In this case, the seller will inform the customer in
the payment information in the online shop of a corresponding payment restriction.
point out to the customer.
4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract.
immediately upon conclusion of the contract. The credit card payment method shall be processed in cooperation with
with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the supplier assigns his
assigns its payment claim to secupay AG. secupay AG collects the invoice amount from the customer's
credit card account of the customer. In the event of assignment, payment can only be made to the
secupay AG with debt-discharging effect. The credit card shall be debited
immediately after the customer's order has been sent in the online shop. The supplier
remains responsible even if the payment method credit card payment via secupay AG is selected
for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns,
complaints, revocation declarations and deliveries or credit notes.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed.
delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction
the delivery address specified in the Seller's order processing shall be decisive.
5.2 In the case of goods delivered by forwarding agent, delivery shall be "free kerbside",
i.e. to the public kerb nearest to the delivery address, unless otherwise stated in the shipping
the shipping information in the Seller's online shop does not state otherwise, and
unless otherwise agreed.
5.3 If the transport company returns the shipped goods to the Seller because a delivery to the
the customer, the customer shall bear the costs for the unsuccessful shipment.
shipment. This does not apply if the customer validly exercises his right of withdrawal, if he has not
circumstance that led to the impossibility of delivery or if he is temporarily prevented from
he was temporarily prevented from accepting the service offered, unless
the seller had given him reasonable advance notice of the service.
5.4 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance performance, he shall retain title to the goods until full payment of the purchase price owed.
the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer. the delivery agent and to inform the seller thereof. If the
customer fails to do so, this shall have no effect whatsoever on his statutory or contractual
contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller in the context of promotions with a specific
period of validity and which cannot be purchased by the customer (hereinafter "promotion vouchers"). (hereinafter "promotional vouchers") can only be redeemed in the online shop of the
of the Seller and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding
restriction results from the content of the promotional voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. A
subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher.
Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, the difference can be paid by the the difference can be paid by one of the other payment methods offered by the
payment methods offered by the Seller.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher in the framework of the purchase.
the goods paid for in full or in part with the promotional voucher within the scope of his
right of revocation.
8.9 The promotional voucher is only intended for use by the person named on it.
named on it. Transfer of the promotional voucher to third parties is excluded. The
Seller shall be entitled, but not obliged, to verify the material eligibility of the
entitlement of the respective voucher holder.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
to the exclusion of the laws on the international purchase of movable goods. For
consumers, this choice of law shall apply only insofar as the protection granted is not
protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his
consumer has his habitual residence.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its
public law special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive
exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the
of the seller. If the customer has its registered office outside the territory of the Federal Republic of
of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of
disputes arising out of this contract if the contract or claims arising out of the contract relate to the customer's
the professional or commercial activity of the customer. The
Seller shall, however, be entitled in the aforementioned cases in any case to invoke the court at the
of the customer.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: .dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from
online purchase or service contracts involving a consumer.
11.2 The Seller is neither obligated to participate in a dispute resolution procedure before a
consumer arbitration board, nor is it obliged or willing to do so.