Terms and Conditions
General terms and conditions and customer information of homee GmbH
I. Terms and conditions
1 | Fundamental terms and conditions
- The following terms and conditions apply to all contracts which you conclude with us as a provider (homee GmbH) via the website https://store.hom.ee Opposing, additional or deviating terms and conditions - used by you - will not become part of the contract, unless we have expressly agreed to their validity in writing. Our terms and conditions of business also apply if we carry out the delivery to you without reservation in the knowledge of conflicting or deviating conditions.
- A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2 | Formation of the contract
- The subject of the contract is the sale of goods
- Our offers on the internet are subject to change and non-binding: They do not constitute a binding offer to conclude a contract.
- You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
- Before submitting the order, you have the opportunity to check and change all details again (also using the "back" function of the Internet browser) or to cancel the purchase. By submitting the order via the button "order subject to payment" you submit a binding offer to us.
- We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless, in addition to confirming receipt, it also declares acceptance.
- A contract is only concluded when we accept your order by confirming it in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation), or by delivering the ordered goods. If you have not received a corresponding message or delivery of the ordered goods, you are not bound to your order. In this case a contract does not come off. Any services already rendered will be refunded immediately in this case.
- Your requests for quotations are not binding for you. For this purpose, we will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
- The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail and partially automated. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
3 | Right of retention, retention of ownership
- You may only exercise a right of retention if it concerns claims from the same contractual relationship.
- The goods remain our ownership until the purchase price has been paid in full.
- If you are an entrepreneur, the following applies in addition:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted. In the event of seizure or other interventions by third parties, you must notify us immediately in writing and provide all necessary information, inform the third party of our ownership rights and cooperate in our measures to protect the goods subject to retention of title. If the third party is not able to reimburse us for the judicial and extrajudicial costs of enforcing our property rights, you shall be liable for the loss incurred by us, unless you are not responsible for the breach of duty.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the price agreed between us and you (including value added tax) with all ancillary rights that accrue to you from the resale, irrespective of whether the goods subject to retention of title are resold without or after processing. We accept the assignment. You are further authorized to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
- In the event of conduct in breach of contract, in particular default in payment, we shall be entitled to withdraw from the contract in accordance with the statutory provisions (including after expiry of a reasonable grace period set by us) and to take back the goods. The assertion of claims for damages remains unaffected.
- The statutory rights of liability for defects shall apply
- In the case of used goods, the warranty period is one year from delivery of the goods, in deviation from the legal regulation. The one-year warranty period shall not apply to culpably caused damages attributable to us arising from injury to life, body or health and damages caused by gross negligence or intent or fraudulent intent on the part of the supplier, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
- An additional guarantee exists for the goods delivered by us only if it was expressly given in the order confirmation for the respective goods.
- If you are an enterprise, the following applies in deviation from paragraph 1:
- Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity. Obvious defects must be reported immediately, at the latest within 14 days of receipt of the goods, hidden defects immediately after their discovery, in text form (e.g. e-mail). Timely dispatch is sufficient to meet the deadline. In case of violation of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall provide warranty at our discretion either by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods.
- The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages attributable to us arising from injury to life, body or health and damages caused by gross negligence or intent or fraudulent intent, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
- We shall be liable without limitation for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in case of fraudulent concealment of a defect, in case of assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
- If essential contractual obligations are affected, our liability in cases of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance you may regularly rely.
- In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
- The mandatory liability under the Product Liability Act remains unaffected by the above limitations of liability.
- Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
6 | Right of revocation
- If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions.
- If you, as a consumer, make use of your right of revocation according to clause 1, you shall bear the regular costs of the return shipment.
- In all other respects, the regulations apply to the right of revocation, which are reproduced in detail in the revocation instruction on our Internet presence via a correspondingly designated button.
7 | Choice of law
- German law shall apply. 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 state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
- The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
- If you are a businessman or a legal entity under public law or have special assets under public law, our registered office shall be the exclusive place of jurisdiction. However, we are also entitled to sue you at the court having jurisdiction for your place of business.
II. Data for the customer
- Identity of the seller
We prefer to clarify your request in direct exchange with you. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Please contact us directly if you have any questions or problems.
- Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
- Contract language, contract text storage
- 3.1.The contractual language is German.
- 3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
- 3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by Email, which you can print out or save electronically.
- Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer
- Prices and terms of payment
- 5.1 All prices listed in our online shop as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
- 5.2 The arising shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised. As far as you have made use of your right of revocation, you can demand the reimbursement of already paid shipping costs under the legal requirements.
- 5.3 The prices which are shown on our website at the time of the order shall apply. The payment methods available to you are also shown under a correspondingly designated button on our website or in the respective offer.
- 5.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6 | Delivery conditions and transition of risk
- 6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
- 6.2 We are entitled to make partial deliveries, as far as this is deemed reasonable for you.
- 6.3 If you are a consumer, the risk of accidental loss and accidental deterioration of the sold goods during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
- 6.4 If you are an entrepreneur, the risk of accidental loss and accidental deterioration shall pass to you as soon as the goods are handed over to the person carrying out the transport or leave our logistics centre for the purpose of shipment.
7 | Liability for defects
- 7.1. Liability for defects in our goods is governed by the "Warranty" provision in our General Terms and Conditions of Business (Part I).
- 7.2 As a consumer you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us of any complaints. If you are not able to do so, this will not affect your statutory warranty claims.
Last updated: June 21, 2020