General terms and conditions of business

For the business relationship between ROOM COLLECTION, Sonnenbrink 46, 32584 Löhne, represented by the owner Selman Inci (hereinafter referred to as ROOM COLLECTION) and its contractual partners (hereinafter also referred to as “customer”), the following general terms and conditions apply exclusively at the time of the order valid version. They are an essential part of all deliveries and services that the ROOM COLLECTION provides to the customer. Deviating terms and conditions of business and purchase are only binding for the ROOM COLLECTION if it has agreed to them in writing. By placing an order or by signing the order confirmation, the customer agrees to these General Terms and Conditions and is bound by them. They therefore also apply to all future business relationships, even if they are not agreed again.

Consumers within the meaning of these terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or independent professional activity.

Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when the contract is concluded.

§ 1 Conclusion of contract

(1) ROOM COLLECTION manufactures gastronomy furniture/restaurant furniture for entrepreneurs and consumers and sells it on the market. ROOM COLLECTION reserves the right to change the content of the respective range of services at any time. All offers from ROOM COLLECTION (brochures, catalogues, price lists, web shop) are subject to change and non-binding.

(2) The customer's order is a binding offer. The purchase contract is concluded when the ROOM COLLECTION has confirmed acceptance of the order in writing or the delivery has been made. If, contrary to expectations, the items ordered are no longer in stock or can no longer be delivered, the ROOM COLLECTION is not obliged to carry out the order.

(3) The contract is concluded through an individual agreement (e.g. by e-mail, telephone, etc.) with von ROOM COLLECTION.

§ 2 Delivery

(1) ROOM COLLECTION is entitled to partial deliveries and services at any time if these are reasonable for the customer. In the case of partial deliveries, the customer does not incur any additional shipping costs.

(2) ROOM COLLECTION is not responsible for delays in delivery and performance caused by legal or official orders (e.g. import and export restrictions). The same applies in the event of force majeure, riots, strikes, lockouts, significant operational disruptions through no fault of our own or improper delivery to our suppliers despite the relevant hedging transaction. They entitle ROOM COLLECTION to postpone delivery for the duration of the impeding event. The customer cannot derive any claims for damages from this.

(3) In the event of unavailability for the aforementioned reasons, ROOM COLLECTION can withdraw from the contract. ROOM COLLECTION undertakes to inform the customer immediately of the non-availability and to immediately reimburse any consideration already paid.

(4) PO box addresses are not supplied.

(5) If the customer defaults in accepting the ordered goods, ROOM COLLECTION is entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the delay in acceptance, the customer bears the risk of accidental loss or accidental deterioration.

(6) Unless expressly agreed otherwise, delivery will be made within two weeks. In the case of payment in advance, the start of the period for delivery is the day the payment order is issued to the transferring bank or, in the case of payment by cash on delivery or purchase on account, the day after the conclusion of the contract. The period ends on the following 14th day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.

§ 3 Payments/Default in Payment/Right of Retention

(1) The prices shown are final prices including the applicable statutory sales tax plus shipping costs. The shipping costs depend on the size and weight of the ordered goods. The customer can pay the respective invoice amount by bank transfer.

(2) The customer is in arrears with payment if payment is not received by ROOM COLLECTION within two weeks of receipt of the invoice. In the event of default in payment, interest of 9 percentage points above the base rate of the European Central Bank will be charged for entrepreneurs and 5 percentage points above the base rate of the European Central Bank for consumers. If the customer defaults on his payments, ROOM COLLECTION reserves the right to charge a reminder fee of EUR 2.50. The right to assert claims for damages beyond this, in particular the lump sum for delay in the amount of EUR 40 in accordance with Section 288 Paragraph 5 Clause 1 of the German Civil Code, remains unaffected.

(3) The customer is only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as the customer's obligation.

(4) The customer only has the right to offset if his counterclaims have been legally established or have been expressly recognized in writing by ROOM COLLECTION.

(5) Payments are always used to settle the oldest debt item and the interest accrued on it.

§ 4 Retention of title

(1) The delivery item remains the property of ROOM COLLECTION until all claims against the customer from the business relationship have been settled and beyond that until all claims to which ROOM COLLECTION is entitled from its ongoing business relationship with the customer have been settled. At the request of the customer, the seller is obliged to waive the retention of title if the customer has fulfilled all claims in connection with the object of purchase and there is appropriate security for the other claims from the ongoing business relationship.

(2) The retention of title also remains in place if individual claims of the seller are included in a current account and the balance is drawn and acknowledged.

(3) During the period of retention of title, the customer is entitled to resell the item as long as he meets his obligations from the retention of title in accordance with the following provisions of this section, is not in default of payment and informs the recipient of this retention of title. If the customer is in default of payment or does not meet his obligations under the retention of title, Peal Manufaktur can demand the return of the object of purchase from the customer and, after written notification within a reasonable period of time, sell it by private sale as best as possible, taking into account the proceeds from the sale. The withdrawal does not constitute a withdrawal from the contract.

(4) To secure the claims of ROOM COLLECTION, the customer hereby assigns in advance all claims, including all ancillary rights, to the amount of the claims to which ROOM COLLECTION is entitled, which he acquires from his customers from the sale of the goods owned by ROOM COLLECTION ROOM COLLECTION. If goods owned by ROOM COLLECTION are sold together with other goods for a total price, the assignment is limited to that part of the total price that corresponds to the ratio of the value of the goods owned by ROOM COLLECTION to the value of all goods sold at the total price . The customer is also entitled to collect the claims assigned to the ROOM COLLECTION on his behalf. He must pay the proceeds to the ROOM COLLECTION no later than when they are due. In the event of a delay in payment or a significant deterioration in assets, the ROOM COLLECTION is entitled to disclose the assignment and to demand payment from the customer to itself. The customer is therefore obliged to notify ROOM COLLECTION of the assignment to its customers upon request and to provide ROOM COLLECTION with the documents required to assert the assigned claims and to provide information. He is also obliged to provide ROOM COLLECTION, upon request, with an exact list of the claims assigned to ROOM COLLECTION, stating the debtors, the amount of the individual claims, the invoice data and other necessary information.

(5) As long as the retention of title exists, the sale, pledging, transfer by way of security, rental or other transfer of the object of purchase affecting the security of ROOM COLLECTION as well as its modification are only permitted with the prior written consent of ROOM COLLECTION; in particular, the customer is expressly prohibited from concluding and executing global assignment contracts or so-called factoring contracts, insofar as such a contract relates to claims assigned by ROOM COLLECTION in these general terms and conditions of sale and delivery. The customer undertakes to inform the ROOM COLLECTION if he has already concluded contracts of the aforementioned type with a third party when entering into the business relationship with the ROOM COLLECTION or when accepting these conditions.

(6) In the event of access by third parties, in particular in the event of seizure of the object of purchase or the exercise of a workshop's entrepreneurial right of lien, the customer must notify ROOM COLLECTION immediately in writing and inform the third party of ROOM COLLECTION's retention of title without delay. In the event of seizures, he is also obliged to inform the enforcement officer that the property of the seized item is owned by ROOM COLLECTION. He must send the seizure record immediately and confirm in writing that ROOM COLLECTION owns the property of the seized item. If damage is caused to the property of ROOM COLLECTION as a result of access by third parties, the customer must replace this; this also and especially applies to the costs incurred by ROOM COLLECTION as a result of any necessary intervention.

Section 5 Guarantee

(1) Warranty claims are not affected by the guarantee.

(2) The guarantee begins on the day the ordered goods were delivered and extends over a period of 24 months for private individuals. For entrepreneurs and commercial use (e.g. in hotels, guesthouses, etc.) the guarantee is three months.

(3) The guarantee does not cover any defects that have arisen due to incorrect storage or incorrect transport of the ordered goods.

§ 6 Warranty/Liability

Statutory warranty rights exist for all goods from ROOM COLLECTION.

(1) If the customer is an entrepreneur, he is obliged to examine the goods delivered by ROOM COLLECTION for obvious defects. Complaints about obvious defects must be made in writing to ROOM COLLECTION within one week of the goods being handed over to the customer. Hidden defects that cannot be identified even after the immediate careful inspection must be reported in writing by ROOM COLLECTION immediately after discovery, at the latest within one week of discovery. The timely dispatch of the complaint is sufficient to meet the deadline. After the expiry of the aforementioned period, the assertion of warranty claims is excluded.

(2) A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In the event of a defect, the ROOM COLLECTION will, at its own discretion, provide supplementary performance in the form of remedying the defect or delivering a new product. The risk of accidental loss or deterioration of the item is already transferred to the person responsible for transport when it is handed over.

(3) If subsequent performance fails a second time or if we are unable to do so, the customer is entitled to withdraw from the contract or to reduce the purchase price. If there is only an insignificant defect, the customer only has the right to an appropriate reduction in the purchase price, excluding the right of withdrawal.

(4) Further claims of the customer than those mentioned above, for whatever legal reason, are excluded. No guarantee is given for damage caused by improper handling or use of the goods.

(5) ROOM COLLECTION and its legal representatives and vicarious agents are only liable for intent or gross negligence, subject to the following reservation. In the case of slight negligence, the liability only relates to the breach of essential contractual obligations, consequently those obligations whose compliance is of particular importance for the achievement of the purpose of the contract. Liability is limited to foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, ROOM COLLECTION is also only liable to the amount of the foreseeable, contract-typical damage.

(6) The above exclusion of liability does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by the disclaimer.

§ 7 Right of withdrawal for consumers / cancellation policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the seller will inform you below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph 2. A model cancellation form can be found in paragraph 3.

Right of withdrawal

right of withdrawal

You have the right to withdraw from 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 took possession of the last goods. In order to exercise your right of withdrawal, you must

ROOM COLLECTION
Sonnenbrink 46
32584 wages

Hotline: (0 57 32) 683 3712

Email: info@room-collection.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the withdrawal form for this, but it is not mandatory. Products that have been made according to customer requirements and reference, color, size or shape are excluded from the revocation.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, 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 day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. The costs are calculated by weight and volume. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
No right of withdrawal for individual production

According to Section 312d Paragraph 4 No. 1 BGB, there is no right of withdrawal or return for distance contracts for the delivery of goods that are made to customer specifications or are tailored to personal needs. Therefore, when ordering, for example, bench systems, tables, etc., you have no statutory right of withdrawal in cases where the products are custom-made and individually manufactured. In the case of an individual production, it is not possible to resell the products if you take them back.

(2) The seller will provide information about the model cancellation form after the

legal regulation as follows:

Sample withdrawal form

(If you want to revoke the contract, please fill out this form
out and send it back.)

• To ROOM COLLECTION, Sonnenbrink 46, 32584 Löhne,:
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if notification is on paper)
• Date

(*) Delete where not applicable

§ 8 Place of Jurisdiction/Place of Performance/Contract Interpretation/Applicable Law

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If the buyer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions remains unaffected by the choice of law made in sentence 1.

(2) If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of ROOM COLLECTION in Löhne.

(3) The place of performance is the registered office of ROOM COLLECTION.

(4) Contract language is German.

(5) Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

(6) Insofar as there are gaps in the provisions as a result of the above paragraph or in the absence of a contractual agreement, the contracting parties undertake to immediately work towards an agreement that corresponds legally and economically to what is intended according to the overall content of the contract, taking these terms and conditions into account.