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Norman Henryschichtel
Trade in used and new furniture
Parkstrasse 67A
40477 Dusseldorf
Mobile: 0178 6333077
Email: Norman.Henry@gmx.com
Supervisory authority
Permission granted by
City of Düsseldorf trade registration office
Sales tax ID: DE323246337
The contents of our pages were created with great care. However, we cannot assume any liability for the correctness, completeness and topicality of the content.
As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with Section 7 (1) TMG (Telemedia Act). According to §§ TMG, we as a service provider are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity.
Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation.
As soon as we become aware of such legal violations, we will remove this content immediately.
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General terms and conditions with customer information, information on data protection, Right of withdrawal & Withdrawal form
Table of Contents
A. General terms and conditions with customer information
scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
liability
Applicable law, contract language
Alternative dispute resolution
B. Information on data protection
Information about the collection of personal data and contact details of the person responsible
contact
Data processing for order processing
Rights of the data subject
Duration of storage of personal data
C. Cancellation policy
Right of withdrawal
Consequences of the withdrawal
Exclusion or premature expiry of the right of withdrawal
General information
D. Withdrawal Form
A. General terms and conditions with customer information
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Norman Henryschichtel (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller's in Articles presented on the online portal using means of distance communication (e.g. telephone, E-mail, letter) exclusively through individual communication within the meaning of Section 312j, Paragraph 5, Clause 1 of the German Civil Code (BGB). The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The customer can contact us by phone, email, post or via the contact function on the page by stating his email address, or postal address send a non-binding request to submit an offer to the seller. The seller sends the customer in writing (e.g. by email) upon request or letter), a binding offer to sell the goods selected by the customer from the seller's range of goods.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs incurred will be specified separately in the seller's offer.
4.2 In the case of deliveries to countries outside the European Union, higher rates may be applicable in individual cases Costs are incurred for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are communicated to him in the seller's offer.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs for the dispatch if the customer gives his right of withdrawal early enough exercises effectively (at least 48 hours in advance) . For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even in the case of consumers, is already transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the The customer has commissioned the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 In the case of self-collection, the seller first informs the customer by email or telephone that the goods ordered by him are ready for collection. After receiving this e-mail or phone call, the customer can collect the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.
7) Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of supplementary performance;
In the case of new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, the rights and claims due to defects are fundamentally excluded;
the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
7.3 The limitations of liability and shortened deadlines set out in the preceding paragraphs do not apply
for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to Section 445b of the German Civil Code (BGB) remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to immediately deliver goods with obvious transport damage to the deliverer to complain and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
in the event of intent or gross negligence,
in the event of willful or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer can regularly rely.
8.3 Otherwise liability on the part of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Applicable law, contract language
9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 The contract language is German.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under 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 in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
B. Information on data protection
1) Information about the collection of personal data and contact details of the person responsible
1.1 In the following, we will inform you about the handling of your personal data, here personal data are all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Norman Henryschichtel, Parkstrasse 67a, 40477 Düsseldorf, Germany, Tel .: 0178 63 33 077, E-Mail: norman.henry@gmx.com. The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
2) contact
When you contact us (e.g. using the contact form or email), personal data is collected, which you can see from the contact form. These data are stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 Para. 1 lit.f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted after the final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been finally clarified and provided that there are no statutory retention requirements.
3) Data processing for order processing
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution as part of the payment processing, if this is necessary for the payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for forwarding the data is Article 6 (1) (b) GDPR.
4) rights of the data subject
4.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
Right to information in accordance with Art. 15 GDPR;
Right to rectification in accordance with Art. 16 GDPR;
Right to deletion in accordance with Art. 17 GDPR;
Right to restriction of processing in accordance with Art. 18 GDPR;
Right to information in accordance with Art. 19 GDPR;
Right to data portability in accordance with Art. 20 GDPR;
Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR;
Right to complain in accordance with Art. 77 GDPR.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR MAINLY LEGITIMATE INTEREST IN THE CONTEXT OF A WEIGHING OF INTERESTS, YOU HAVE THE EVERY TIME TO PROCESS YOUR PERSONAL DATA, FOR REASONS THAT WE GIVE UPON YOUR SPECIFIC SITUATION.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE DATA CONCERNED. FURTHER PROCESSING IS RESERVED IF WE CAN PROVE COMPULSORY REASONS FOR THE PROCESSING, THAT OUTSIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS OR IF THE PROCESSING OR EXPRESSION OF THE EXPRESSION APPLIES.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY OBJECTIVE AS DESCRIBED ABOVE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and - if relevant - additionally based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of express consent in accordance with Article 6 (1) (a) GDPR, this data is stored until the person concerned revokes his or her consent.
If there are statutory retention periods for data that are processed in the context of legal or similar obligations on the basis of Art. 6 Paragraph 1 lit. and / or we have no legitimate interest in further storage.
When processing personal data on the basis of Art. 6 Paragraph 1 lit. prove for the processing that the interests, rights and freedoms of the data subject outweigh, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Art. 6 Para. 1 lit.
Unless otherwise stated in the other information in this declaration about specific processing situations, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
C. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must (Norman Henryschichtel, Parkstrasse 67a, 40477 Düsseldorf, Germany, Tel .: 0178 63 33 077, E-Mail: norman.henry@gmx.com) by means of a clear declaration (e.g. a letter sent by post or E -Mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. The direct costs of returning goods that cannot normally be returned to us by post due to their nature (freight forwarding goods) are estimated at a maximum of around € 500 for each such product.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
General information
1) Please avoid damaging and contaminating the goods. Please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit.
2) Please do not send the goods back to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
D. Withdrawal Form
If you want to cancel the contract, please fill out this form and send it back.
On
Norman Henryschichtel
Parkstrasse 67a
40477 Düsseldorf
Germany
Email: norman.henry@gmx.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________________
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer (s)
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Address of the consumer (s)
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Signature of the consumer (s) (only when notified on paper)
_________________________
date
(*) Delete where inapplicable