Terms of Service
Terms of sale and delivery of J & M Furniture GmbH, Lessingstr. 15, D-66989 high altitude
Offer, sale and delivery are made solely on the basis of the following terms of sale and delivery. Deviating conditions of the customer are valid only, as far as they are recognized by us explicitly and in writing.
If we ourselves are not supplied, even though we have placed congruent orders with our carefully selected suppliers, we will be released from our obligation to perform and are entitled to withdraw from the contract. We are obliged to inform the customer about the unavailability of the service without delay and will immediately reimburse any services already rendered by the customer.
The prices are fixed prices including the legal value added tax. Separate services not included in the purchase price, such as: B. decoration, installation or installation work will be charged additionally. Deferment of payment, deferrals or check payments require an explicit and written agreement.
The buyer is responsible for the fact that the transport is possible up to the apartment or place of delivery with the usual means of a furniture transport. The same applies to the delivery through entrances and stairwells.
Delivery and installation
The employees of the seller are not authorized to carry out work that goes beyond the contractual obligations of the seller.
Subject to change
Standard-made furniture is sold by sample. There is no claim to delivery of the exhibits, unless otherwise agreed in writing upon conclusion of the contract. Customary color and grain variances on wood surfaces reserved. Likewise, customary deviations in the case of textiles (eg furniture and decorative fabrics) remain reserved with regard to minor deviations in the design from fabric samples, in particular in the color tone.
Retention of title
If the customer is a consumer, we reserve the property until full payment of the purchase price. If the customer is an entrepreneur, all delivery items remain our property until all claims arising from the business relationship have been settled. The goods subject to retention of title must be treated with care by the buyer or recipient.
Transfer of Risk
The risk of having to pay the purchase price despite loss or damage passes to the buyer upon handover.
default of acceptance
If the customer is in default of acceptance by not accepting the purchased goods, although it was offered by us as agreed and we are able to effect the service at the time of the offer, we reserve the right to withdraw from the contract. If the delay in acceptance lasts for more than one month, we are entitled to withdraw from the contract and the customer has to pay the incurred storage costs.
If the customer does not pay in spite of the due date of the purchase price or if the customer does not accept the purchased goods and if we have unsuccessfully set the customer a reasonable grace period for payment or acceptance, we shall be entitled to withdraw from the contract and claim damages for non-performance. The deadline is unnecessary if the customer after conclusion of the contract seriously and finally declared that he does not want to fulfill his obligations under the contract. As compensation for non-performance we can demand a flat rate of 25% of the agreed purchase price. The buyer has the proof that damage is not incurred at all or not in the amount of the lump sum. In addition, we reserve the right to assert a higher proven damage.
The warranty does not cover such damage caused to the customer by natural wear or improper handling.
Deficiency notice and statute of limitations
Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of a right due to a defect is excluded. For consumers, the warranty period is 2 years from the date of delivery of the goods; for used items such as exhibits or samples 1 year. For entrepreneurs, the warranty period is 1 year from delivery. The warranty periods according to this clause 12 shall not apply to warranty claims for compensation for damages based on injury to life, limb or health or an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents. The statutory warranty obligations apply to these claims.
If the buyer is a merchant, legal entity under public law or special fund under public law, Zweibrücken is the exclusive place of jurisdiction. The same place of jurisdiction applies if the buyer has no general place of jurisdiction in Germany, relocates after the conclusion of the contract a domicile or habitual abode from the inland or his domicile or habitual residence at the time the complaint is not known. Otherwise the statutory provisions apply.
choice of law
The law of the Federal Republic of Germany. The provisions of the UN Sales Convention do not apply
Ineffectiveness of individual provisions
If individual provisions or parts of individual provisions of these terms and conditions of sale and delivery are invalid, this does not result in the ineffectiveness of the entire agreement. Insofar as the provisions are ineffective, the content of the contract is governed by the statutory provisions.