Terms of service

1. General

1.1 The following Terms and Conditions (T&Cs) shall apply to all contracts concluded via the online shop of Concept S Ladenbau u. Objekt Design GmbH, Steinbeisstraße 8, 73614 Schorndorf, Germany (hereinafter referred to as the SELLER) under the domain www.concept-s-design.com with the customer (hereinafter referred to as the CUSTOMER).

1.2 These T&Cs contain specific provisions for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter referred to as BUSINESS CUSTOMERS). These specific provisions for commercial transactions are expressly identified by reference to BUSINESS CUSTOMERS and shall not apply to consumers within the meaning of Section 13 of the German Civil Code (BGB).

1.3 The SELLER does not recognise any deviating or conflicting general terms and conditions of the CUSTOMER unless the SELLER has expressly agreed to their validity in writing.

2. Conclusion of Contract

2.1 The CUSTOMER may place the desired products in the shopping basket by clicking the corresponding button and then initiate the ordering process by clicking on the shopping basket. During the ordering process, the CUSTOMER must enter the contact details required for delivery and payment and complete the order by clicking the “Place Order with Obligation to Pay” button.

2.2 The CUSTOMER may correct input errors, in particular products placed in the shopping basket by mistake, by adjusting the desired quantity in the shopping basket or by using the available buttons. During the ordering process, input errors made at any stage may be corrected by navigating to the relevant step using the browser’s “Back” and “Forward” buttons.

2.3 The presentation of products in the SELLER’s online shop constitutes a non-binding invitation to the CUSTOMER to place an order only. By submitting an order, the CUSTOMER makes a binding offer to enter a contract for the products contained in the shopping basket. The SELLER shall acknowledge receipt of the order without undue delay by means of an automated email confirmation. This automated order confirmation generated by the shop system does not constitute acceptance of the CUSTOMER’s offer and does not create a contractual relationship. Following verification of product availability, the SELLER shall accept the CUSTOMER’s offer either by means of a separate declaration of acceptance sent by email or by dispatching the goods within five (5) days or three (3) working days of receipt of the order. The purchase contract shall only come into existence upon receipt of such separate declaration of acceptance or upon receipt of the goods within the period. The issuance of an invoice shall be deemed equivalent to a declaration of acceptance.

2.4 The purchase contract is concluded with Concept S Ladenbau u. Objekt Design GmbH, Steinbeisstraße 8, 73614 Schorndorf, Germany.

2.5 The contractual language is German.

3. Storage of the Contract Text

The text of the contract shall be stored by the SELLER. The order details shall be sent to the CUSTOMER separately in text form (by email). The General Terms and Conditions may also be accessed and printed via the SELLER’s online shop.

4. Right of Withdrawal

Consumers are generally entitled to a statutory right of withdrawal. The legal provisions governing any applicable right of withdrawal are set out exclusively in the Withdrawal Policy, which is made available to the CUSTOMER during the ordering process.

5. Prices and Shipping Costs

5.1 The prices applicable on the date the order is placed, as displayed in the online shop, shall apply.

5.2 All prices displayed in the online shop are quoted in euros (EUR) plus VAT and shipping.

5.3 The following applies to the purchase of goods delivered by parcel or other postal services: The prices displayed in the online shop do not include shipping costs for packaging and postage. Shipping costs are calculated dynamically during the ordering process and are displayed in the shopping basket overview before the order is submitted.

5.4 In individual cases involving cross-border deliveries, the CUSTOMER may be required to pay additional taxes (for example, in the case of an intra-Community acquisition) and/or duties (for example, customs duties).

6. Payment Terms

6.1 The SELLER accepts only those methods of payment offered during the ordering process in the online shop. The CUSTOMER shall select their preferred payment method from the available options.

6.2 Where payment is made in advance by bank transfer, the CUSTOMER shall transfer the purchase price together with any applicable delivery and shipping costs to the SELLER prior to delivery. Delivery shall take place only after the full invoice amount has been credited to the SELLER’s account.

6.3 Where payment is made against invoice, the purchase price shall be payable net (without deduction) immediately and no later than fourteen (14) days from the invoice date or receipt of the goods, whichever occurs later. The statutory provisions governing the consequences of late payment shall apply.

6.4 Where payment is made by credit card, the CUSTOMER authorises the SELLER, by providing their credit card details, to charge the full invoice amount, including any applicable delivery and shipping costs, to the relevant credit card account when payment becomes due. At the end of the ordering process, the CUSTOMER will be requested to enter their credit card number, expiry date and security code in the designated form. Depending on the payment amount or the type of delivery, the CUSTOMER may also be required to provide a second authentication factor via the website of the relevant financial institution. In such cases, the CUSTOMER must verify the payment using their personal authentication method, such as a password, PIN, TAN, biometric authentication (e.g. fingerprint or facial recognition), or a dedicated authentication app. The specific authentication procedure depends on the respective payment service provider. In this case, the charge will be initiated upon confirmation of the order. Further information is available from the CUSTOMER’s credit card provider.

6.5 Where payment is made via PayPal, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must either hold a PayPal account and authenticate themselves using their PayPal login credentials or, where available, use PayPal’s guest checkout facility. The CUSTOMER must complete the PayPal payment process and confirm payment to the SELLER. Where payment is made without a PayPal account, the terms applicable to PayPal’s guest payment option shall apply. Further information is available on the PayPal website at https://www.paypal.com/.

6.6 CUSTOMERS who are BUSINESS CUSTOMERS within the meaning of Section 14 of the German Civil Code (BGB) shall only be entitled to rights of set-off where the counterclaims have been finally adjudicated, are undisputed, have been acknowledged by the SELLER, or arise from the same contractual relationship. This restriction on set-off shall not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

7. Delivery and Shipping Conditions – Information on the Calculation of Delivery Times

7.1 Unless otherwise agreed with the CUSTOMER, goods delivered by parcel or other postal services shall be shipped to the delivery address specified by the CUSTOMER during the ordering process (e.g. by parcel service, postal package, letter post or freight carrier).

7.2 Delivery to parcel lockers or Packstations is not possible.

7.3 Delivery to German islands is not available.

7.4 The applicable delivery time is stated separately on the respective product detail page.

7.5 Where payment is made in advance by bank transfer, the delivery period stated on the relevant product detail page shall commence on the working day following the day on which the CUSTOMER issues the payment order to the transferring bank. For all other payment methods, the delivery period shall commence on the working day following the conclusion of the contract.

7.6 In the case of deliveries to BUSINESS CUSTOMERS, the risk of accidental loss of or accidental damage to the goods shall pass to the CUSTOMER or to a person authorised to accept delivery upon handover. In the case of shipment contracts, such risk shall pass upon delivery of the goods to a suitable carrier. In the case of deliveries to consumers, the risk of accidental loss of or accidental deterioration of the goods shall pass to the consumer upon delivery of the goods in accordance with Section 446 of the German Civil Code (BGB). For the purposes of the transfer of risk, it shall be deemed equivalent to delivery if the CUSTOMER is in default of acceptance.

7.7 Orders may be placed by customers from all countries within the European Economic Area as well as, where applicable, from any additional countries specified in the online shop and/or the shipping cost schedule. Deliveries are made only within Germany and, where applicable, to those countries listed in the online shop and/or the shipping cost schedule.

7.8 In the event of any delay in delivery, the SELLER shall inform the CUSTOMER without undue delay.

7.9 If the carrier returns the purchased goods to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs of any renewed shipment. This shall not apply where the CUSTOMER has simultaneously exercised any existing statutory right of withdrawal in connection with the refusal to accept delivery, where the CUSTOMER is not responsible for the circumstances that made delivery impossible, or where the CUSTOMER was temporarily prevented from accepting delivery, unless the SELLER had notified the CUSTOMER of the delivery within a reasonable period in advance.

8. Retention of Title

8.1 The SELLER shall retain title to the goods sold until full payment of the purchase price has been received.

8.2 Goods subject to retention of title may neither be pledged to third parties nor transferred by way of security by the CUSTOMER before the secured claims have been paid in full. The CUSTOMER shall notify the SELLER without undue delay in text form if, and to the extent that, third parties obtain access to goods owned by the SELLER.

8.3 In the event of a breach of contract by the CUSTOMER, in particular failure to pay the purchase price when due, the SELLER shall be entitled, in accordance with the applicable statutory provisions, to withdraw from the contract and to demand the return of the goods on the basis of the retention of title and such withdrawal. Where the CUSTOMER fails to pay the purchase price when due, the SELLER may exercise these rights only if the CUSTOMER has previously been given a reasonable period for payment without success or where the setting of such a period is not required under the applicable statutory provisions.

9. Warranty / Liability for Defects / Duty to Inspect and Notify Defects

9.1 The CUSTOMER’s statutory rights in respect of defects in the purchased goods shall be governed by the applicable legal provisions.

9.2 Warranty claims by BUSINESS CUSTOMERS who are merchants within the meaning of the German Commercial Code (HGB) shall require that they have duly complied with their obligations to inspect the goods and notify defects pursuant to Section 377 HGB by giving notice in text form within fourteen (14) calendar days of receipt of the goods. This obligation to notify defects shall not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

9.3 The limitation period for warranty claims by BUSINESS CUSTOMERS shall be twelve (12) months from the date on which the risk passes to the BUSINESS CUSTOMER. This reduction of the statutory warranty period shall not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

10. Liability

10.1 Any claims by the CUSTOMER for damages or reimbursement of futile expenses against the SELLER, other than those arising under statutory warranty law, shall be governed exclusively by the provisions set out below, irrespective of the legal basis of such claims.

10.2 The SELLER’s liability, irrespective of the legal grounds, shall be excluded unless the damage was caused by intentional misconduct or gross negligence on the part of the SELLER, its employees, representatives or agents acting on its behalf. To the extent that the SELLER’s liability is excluded or limited, such exclusion or limitation shall also apply to the personal liability of the SELLER’s employees, representatives and agents. Liability under the German Product Liability Act (Produkthaftungsgesetz – ProdHG) shall remain unaffected.

10.3 The SELLER shall be liable in accordance with the applicable statutory provisions for damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by the SELLER or by one of its legal representatives or agents.

10.4 Where the SELLER negligently breaches a material contractual obligation (wesentliche Vertragspflicht or cardinal obligation), being an obligation whose fulfilment is essential for the proper performance of the contract and on which the CUSTOMER may regularly rely, the SELLER’s liability shall be limited to the damage that is typical and foreseeable at the time of the conclusion of the contract. A material contractual obligation or cardinal obligation within the meaning of this provision is an obligation whose fulfilment is indispensable for the proper execution of the contract and on which the CUSTOMER is entitled to rely in the ordinary course of business.

11. Data Storage and Data Protection

The data protection provisions set out in the Privacy Policy available on the website https://concept-s-design.com hall apply exclusively.

12. Notice pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG)

12.1 CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) are, in principle, entitled to seek resolution through an alternative dispute resolution procedure within the meaning of Section 36 of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG).

12.2 Participation in an alternative dispute resolution procedure is not a mandatory prerequisite for bringing proceedings before the competent ordinary courts but constitutes an alternative means of resolving disputes that may arise in connection with a contractual relationship.

12.3 The SELLER does not participate in alternative dispute resolution procedures within the meaning of Section 36 of the German Consumer Dispute Resolution Act (VSBG).

13. Final Provisions

13.1 The laws of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 In the case of consumers who conclude the contract for purposes outside their trade, business or profession, the above choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not thereby withdrawn.

13.3 If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the registered office of the SELLER at Steinbeisstraße 8, 73614 Schorndorf, Germany.

13.4 The same shall apply if the CUSTOMER is a BUSINESS CUSTOMER and has no general place of jurisdiction in Germany or if the CUSTOMER’s place of residence or habitual residence is unknown at the time legal proceedings are commenced. The SELLER’s right to bring proceedings before any other court having jurisdiction under applicable law shall remain unaffected.

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