GTC

General Terms and Conditions

I. General Terms and Conditions

§ 1 Basic provisions

  1. The following business terms are applicable to all the contracts, which you conclude with us as a supplier (e-companion UG (haftungsbeschränkt)) via the mid-century-interiors.com website. Unless expressly agreed otherwise, any deviating or supplementary General Terms and Conditions of Business of yours shall not apply.
  2. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
    An entrepreneur is any natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in exercise of their independent professional or commercial activity.

§ 2 Formation of the contract

  1. The object of the contract is the sale of used goods from the furnishing and technology sector – in particular typewriters, decorative items, wall pictures, vases, radios, lamps and alarm clocks.
  2. Some of the items on offer are sold by us as a commission agent in our own name on behalf of third parties. This means that in these cases the goods come from third parties, but we act as the seller. Regardless of this, e-companion UG (haftungsbeschränkt) is your direct contractual partner with all rights and obligations.
  3. Our offers on the Internet do not yet constitute a binding offer to conclude a purchase contract, but serve to submit a binding purchase offer by you as the customer.
  4. You can submit a binding purchase offer via our online shopping cart system.
  5. The goods intended for purchase are collected in the “shopping cart”. You can call up the shopping cart at any time and make changes using the corresponding button in the navigation bar. After clicking on “Checkout” or “Continue to order” (or similar) and entering your personal data and selecting the payment and shipping method, you will be shown an order overview.
  6. Before submitting the order, you have the option of checking all the details, changing them or canceling the order process. By clicking on the corresponding button (e.g. “order with obligation to pay” or “buy now”), you submit a binding offer to conclude a purchase contract.
  7. The acceptance of your offer and thus the conclusion of the contract takes place by means of an order confirmation in text form (e.g. by e-mail), in which we confirm the execution of the order or the dispatch of the goods.
  8. If you do not receive such a confirmation from us within 3 working days, you are no longer bound by your order. In this case, any payments already made will be refunded immediately.
  9. Your requests for the preparation of individual offers (e.g. by e-mail) are non-binding. In this case, we will send you a binding offer in text form, which you can accept within 5 days, unless another period is specified.
  10. Order processing and communication in connection with the contract takes place by e-mail, partly automated. You must ensure that the e-mail address you have provided to us is correct and that it is technically possible to receive the e-mails – in particular that SPAM filters do not prevent access.

§ 3 Individually designed goods

  1. If you provide us with content, texts, images or files for the individual design of goods (e.g. personalization, engraving or special requests), you must send them to us via the online ordering system or by e-mail immediately after conclusion of the contract at the latest. Please note any requirements we may specify regarding permissible file formats.
  2. You warrant that the content provided does not infringe any third-party rights – in particular copyrights, trademark rights, personal rights or other property rights – and does not violate applicable law.
    In this context, you indemnify us in full against all third-party claims, including the costs of any necessary legal defense.
  3. We do not check the content of the data transmitted by you for accuracy, legality or any errors. We therefore accept no liability for any errors or legal infringements in the transmitted content.

§ 4 Special agreements on payment methods offered

  1. Payment by instant bank transfer (SOFORT)
    If you choose the payment method SOFORT / Sofortüberweisung, the payment is processed by Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany – a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden).
    Prerequisite is a bank account activated for online banking. During the order process, you enter your access data and authorize the payment directly via the SOFORT system. Your account will be debited immediately after submitting the order.
    Further information: https://www.klarna.com/sofort
  2. Payment via PayPal / PayPal Checkout
    If you select a payment method offered via PayPal, payment will be processed via PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
    The available PayPal payment methods (e.g. PayPal credit, direct debit, credit card, invoice via PayPal) are displayed in the order process. PayPal may use other services to process payments. If special conditions apply to individual payment methods, you will be informed of this during the ordering process.
    Further information: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full
  3. Payment by Klarna (invoice, installment purchase, Sofort)
    If you select a payment method offered by Klarna, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden.
    Klarna offers various payment methods such as purchase on account, installment payment or instant transfer, depending on availability. The specific options and conditions are displayed during the ordering process.
    Further information: https://www.klarna.com/de/
  4. Payment via Stripe (credit card, Apple Pay, Google Pay, etc.)
    Payment processing via Stripe is carried out by the provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.
    Stripe enables secure payment by credit card (Visa, Mastercard, AMEX) and, depending on the end device, also via Apple Pay, Google Pay or other digital payment methods. Your payment data is transmitted in encrypted form and processed exclusively by Stripe.
    Further information: https://stripe.com/de

§ 5 Right of retention, retention of title

  1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
  2. The goods remain our property until the purchase price has been paid in full.
  3. The following shall also apply to entrepreneurs within the meaning of Section 14 BGB:
    • We reserve title to the delivered goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the reserved goods.
    • A resale of the reserved goods in the ordinary course of business is permitted. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise for you from the resale to third parties; we hereby accept this assignment. You remain authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
    • If the reserved goods are combined or mixed with other items, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed materials at the time of combination or mixing.
    • We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 6 Warranty

  1. The statutory liability for defects (warranty) shall apply, unless otherwise regulated below.
  2. In the case of the delivery of used goods, the limitation period for claims for defects may be reduced to one year from delivery of the goods, provided that you were informed accordingly by us before submitting your contractual declaration and this was expressly agreed.
  3. This restriction does not apply:
    1. for damages resulting from injury to life, body or health, which are based on a negligent or intentional breach of duty by us or one of our vicarious agents,
    2. for other damage caused intentionally or through gross negligence,
    3. if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods.
  4. We ask consumers to check the delivered goods immediately upon receipt for completeness, obvious defects and transport damage and to notify us and the shipping service provider of any complaints as soon as possible.
    This request is not a prerequisite for the assertion of legal claims – it merely serves to facilitate processing.
  5. If a characteristic of the goods deviates from the objective requirements (e.g. condition of use, technical limitation), the deviation shall only be deemed to have been agreed if we have informed you of this before you submitted your contractual declaration and the deviation has been expressly and separately agreed between the parties.
    • For entrepreneurs within the meaning of Section 14 BGB, the following provisions shall apply by way of derogation:
    • Only our own information and, where applicable, the manufacturer’s product description, but not public statements, advertising or other statements by third parties, shall apply as the quality of the goods.
    • In the event of defects, we shall provide warranty at our discretion by repair or replacement delivery.
      If the rectification of defects fails (after two unsuccessful attempts), you are entitled to demand a reduction in price or withdraw from the contract.
      We shall not bear any increased costs incurred by moving the goods to a location other than the place of performance, unless the move corresponds to the intended use.
  6. The warranty period is one year from delivery of the goods.
    The shortened period does not apply:
    • in the event of culpably caused damage to life, body or health attributable to us,
    • for other damage caused intentionally or through gross negligence,
    • in the event of fraudulent concealment of defects or a guarantee of quality given by us,
    • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
    • as well as for statutory recourse claims in accordance with §§ 445a, 445b BGB.

§ 7 Choice of law

  1. The law of the Federal Republic of Germany applies.
    For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has his*her habitual residence (principle of favorability).
  2. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

Further information

1. identity of the seller

e-companion UG (haftungsbeschränkt)
Bayreuther Str. 4
90522 Oberasbach
Germany

Phone: 0173 5161038
E-mail: maik@e-companion.de

Represented by: Managing Director Maik Boche
Commercial Register: Fürth Local Court, HRB 20468
VAT ID: DE362733078

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), available at:
https://ec.europa.eu/odr

We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

2. information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options before submitting the order are carried out in accordance with the provisions in the “Conclusion of contract” section of our General Terms and Conditions (see section 2).

3. contract language, contract text storage

  1. The contract language is German.
  2. We do not save the complete contract text.
    Before sending the order via the online shopping cart system, you can print out the contract data using the print function of your browser or save it electronically.
    After we receive your order, we will send you the order data, the information required by law for distance selling contracts and our General Terms and Conditions again by e-mail.
  3. For individual quotation requests outside the online shopping cart system, we will send you all contract data as part of a binding offer in text form (e.g. by e-mail), which you can save or print out.

4. code of conduct

We attach great importance to transparent processes, legally compliant communication and fair conditions in online retail. Our goal is a trusting and service-oriented relationship with our customers. However, if you have any questions or concerns about your order, you can contact us at any time – we will be happy to help you.

5. essential characteristics of the goods or services

The essential characteristics of the goods offered – in particular condition, material, dimensions, year of manufacture (if known) and any signs of use – can be found in the respective product description in the online offer.

6 Prices and terms of payment

  1. The prices stated in the respective offers are total prices. They include all price components including any taxes in accordance with § 19 UStG (small business regulation – no VAT is shown).
  2. Shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the order process and are to be borne additionally by you, unless free shipping has been promised.
  3. Any costs of money transfer (e.g. transfer or exchange rate fees) shall be borne by you if the payment is initiated from outside the European Union but the delivery takes place within the EU.
  4. The available payment methods are listed on our website under a correspondingly labeled button (“Payment Methods”) or in the respective offer.
  5. Unless otherwise stated in the respective payment method, our payment claims are due immediately.

7. terms of delivery

  1. The delivery conditions, the expected delivery date and any existing delivery restrictions are listed on our website under a correspondingly labeled button (“Shipping & Delivery”) or in the respective offer.
  2. If you are a consumer, e-companion UG (haftungsbeschränkt) bears the risk of accidental loss or accidental deterioration of the goods during shipment until they are handed over to you in accordance with the statutory provisions – regardless of whether the delivery is insured or uninsured.
    This does not apply if you independently commission a transport company not named by us or another person designated to carry out the shipment.
  3. If you are an entrepreneur, delivery is at your risk. This also applies to partial deliveries or if the shipping costs are borne by us.

All prices incl. VAT.