T&Cs - ARBD Möbel

General Terms and Conditions (T&Cs)

These General Terms and Conditions (T&Cs) apply to all contracts, deliveries and other services between ARBD Möbelvertrieb GmbH & Co. KG, Oeynhausener Str. 46, 32584 Löhne, Germany (hereinafter "Seller") and its customers (hereinafter "Buyer").
The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (B2B). The conclusion of contracts with consumers is excluded.
Deviating or conflicting terms and conditions of the Buyer shall only apply if the Seller has expressly agreed to their validity in writing.

All offers made by the Seller are subject to change and non-binding, unless they are expressly designated as binding.
A contract is concluded as soon as the Seller confirms an order placed by the Buyer in writing (e.g. by e-mail) or makes the goods available for collection.
Information on products (e.g. dimensions, illustrations, colours, weights, technical data) is generally approximate, unless a binding quality has been expressly agreed. Customary commercial deviations remain reserved.

The prices stated in the offer or in the order confirmation shall apply. All prices are net plus the applicable statutory value added tax, unless otherwise stated.
Unless otherwise agreed, a down payment of 50% of the order value is due immediately after order confirmation. The remaining amount is to be paid before collection/hand-over of the goods.
Until payment has been made in full, the Seller is not obliged to make the goods available for collection.
In the event of default in payment, the Seller is entitled to charge default interest at the statutory rate (Section 288 BGB). The right to assert further default damages remains reserved.

Unless otherwise agreed, delivery shall be made ex works/warehouse of the Seller; the goods shall be collected by the Buyer.
Delivery periods and provision dates are only binding if they have been expressly confirmed in writing as binding by the Seller.
The Seller is entitled to make partial deliveries, provided this is reasonable for the Buyer.
Events of force majeure (e.g. natural disasters, strikes, official measures, supply chain disruptions, energy/raw material shortages) entitle the Seller to postpone provision by the duration of the hindrance plus a reasonable start-up period.

The risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer upon hand-over of the goods to the Buyer or its agent at the warehouse/collection location.
The Buyer is responsible for loading, load securing and transport. Support services provided by the Seller are rendered without any assumption of liability, to the extent permitted by law.
Packaging costs shall be charged separately, unless expressly agreed otherwise.

The Seller retains title to the delivered goods until full payment of all claims arising from the business relationship (extended retention of title).
The Buyer is obliged to handle the goods subject to retention of title with due care.
The Buyer may resell the goods subject to retention of title in the ordinary course of business. The Buyer hereby assigns to the Seller, in advance, the claims arising therefrom against third parties in the amount of the invoice value. The Seller accepts this assignment.

The Buyer shall inspect the goods without delay after hand-over (Section 377 of the German Commercial Code – HGB).
Obvious defects, incorrect deliveries or damage must be notified in writing without delay, at the latest within 5 working days after hand-over; hidden defects must be notified without delay after discovery.
If the Buyer fails to give timely notice of defects, the goods shall be deemed approved.

In the event of a justified and timely notice of defects, the Seller shall, at its own discretion, provide subsequent performance by remedying the defect or delivering replacement goods.
If subsequent performance fails or is unreasonable for the Buyer, the Buyer may reduce the price in accordance with the statutory provisions or – if the statutory requirements are met – withdraw from the contract.
The warranty period in B2B transactions is – to the extent permitted by law – 12 months from the transfer of risk.
No warranty is provided for damage resulting from improper use, assembly, storage, care, normal wear and tear or interference by third parties.

The Seller shall be liable without limitation in cases of intent and gross negligence as well as for injury to life, limb or health.
In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the typical, foreseeable damage under the contract.
Otherwise, liability is excluded to the extent permitted by law. Liability under the German Product Liability Act remains unaffected.

There is no voluntary right of return.
Return shipments require the prior written consent of the Seller.
The Buyer shall bear the costs and risk of the return shipment, unless the return is based on a defect for which the Seller is responsible.

The Buyer may only set off claims that are undisputed or have been finally adjudicated.
The Buyer shall only be entitled to a right of retention insofar as it is based on the same contractual relationship.

The Seller processes personal data within the framework of the statutory provisions. Further information can be found in the privacy policy.

The place of performance is the registered office of the Seller, unless otherwise agreed.
The place of jurisdiction for all disputes arising from the business relationship is – to the extent permitted – the registered office of the Seller.
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Amendments and additions must be made in writing, unless a stricter form is prescribed by law.
Should any provision of these T&Cs be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.