Terms - and Delivery

YOKO Home ® - Studio

Bahnhof 1
09509 Pockau /Germany
Tel.: +49 37367-772778
Fax: +49 37367-772864

Email: info@yoko-studio.de

 

I. contract

1.The buyer is bound for out of stock and goods in a financed purchase of the order (contract offer) three weeks.
2.Mit end of this period, the contract if the seller has the contract proposal rejected in writing beforehand.
3.Abweichend of para. 2. the contract is already concluded before the expiry of the three-week period when
• the contract is signed by both parties, or
• the seller in writing of the acceptance of the order (the contract offer), or explained
• The seller accepts payments on the purchase price.

II Prices

1.The prices are fixed prices including VAT.
2.Besondere, additionally agreed works which are not included in the purchase price, such as decoration works will also be invoiced and due at the latest upon delivery or acceptance for payment. This includes inter alia also desired by the customer facing - and Aufstellarbeiten.


III. Subject to change

1.Serienmäßig produced furniture will be sold according to sample or picture.
2.Es no right to delivery of the exhibits there, unless that is done when the contract is to obtain re-appointment.
3.Es can be placed high demands at a level only to the goods ordered, or as they reasonably can to marketable goods in the price range of the ordered made.
4.Handelsübliche and remain reasonable for buyers Farbabweichungen reserved.
5.Ebenso to custom and for the buyer reasonable variation in leather and textiles (for example, furniture - and decorative fabrics) are reserved for minor changes in terms of execution against leather and fabric samples, especially in shade.
6.Auch commercially available and reserved for the buyer to remain reasonable variation of measurement data.


IV Assembly

1.Hat the seller in terms of mounting concerns about the hanging fixtures suitability of the walls, he must inform the buyer before the assembly.
2.The employee of the seller are not authorized to perform work beyond the contractual performance obligations of the seller. But such works are executed at the request of the buyer by the employees of the seller, this will not affect the contractual relationship between seller and buyer.

V. delivery

1.Falls not the seller the agreed delivery time is able to maintain, the buyer has a reasonable additional period - starting from the date of grant of receipt of written notice of default by the buyer, or in the case of certain calendar-delivery period has expired - for. The seller delivers to the expiration of the additional period does not, the buyer can cancel the contract.
2.Vom Seller is not responsible interference in business operations of the seller or his suppliers, in particular strikes and lockouts as well as legitimate acts of violence based on an unforeseen and involuntary event shall extend the delivery time accordingly. The resignation of the buyer is justified only when it is in writing in such cases after the expiry of the agreed delivery period the supply issues identified and these will be within a reasonable period to be set after receiving the formal notice of the buyer from the seller to the buyer. In the case of certain calendar-delivery period begins on the expiry of the grace period to be set.
3.The statutory provisions for compensation instead of performance are unaffected.


VI. Retention of title

1. (1) The goods shall remain in full compliance with all obligations under this contract are the property of the seller.
(2) The buyer undertakes to respect the property of the Seller accordingly, even if the goods are not delivered directly to the buyer, but for third parties are addressed and the recipient has specifically pointed to this reservation.
2.Each relocation and third-party intervention, particularly seizures, are to inform the seller immediately in writing at the bailiff, accompanied by seizures.
3.Im event of failure of the 1st in points (2) and 2 obligations laid down by the buyer, the seller has the right to rescind the contract and demand the goods out.


VII Transfer of Risk

The danger of having to pay despite the loss of or damage to the purchase price, go with the handover to the buyer.


VIII Taking Delivery

1.If the customer after a reasonable grace period to be set by writing him threatening to withdraw futile deadline for the contract or demand damages instead of performance, stillschweigt or payment and / or the acceptance expressly denied is the claim of the seller on the contract . There are Instead, he may cancel the contract and / or compensation instead of performance in accordance with paragraph 3 request.
2. (1) If the delay is the buyer takes longer than a month, the buyer must pay storage costs incurred.
(2) The seller can also serve for storage of a forwarding agent.
3. (1) as compensation instead of performance in case of default by the buyer gem. Bull. 1 of the seller may require 10% of the purchase price without deductions, unless the buyer fails to prove that damage has not arisen at all or the amount of the fee.
(2) In the case of particularly high damages, such as for custom-made, is the seller reserves the right to compensation in lieu of the fee in paragraph (1) submits a demonstrated higher damages.

IX. Withdrawal

1.The seller need not deliver if the manufacturer has discontinued production of the goods ordered, or cases of force majeure are available, provided these circumstances have occurred only after the contract, the date of the contract were not foreseen and did not represent the seller responsible for non and he also proves that they have tried in vain to obtain similar goods. Beyond these circumstances, the seller shall immediately notify the purchaser and to report without delay the services provided in return.
2.A right of rescission is granted to the seller if the buyer has made about the creditworthiness of its essential facts incorrect information, the threat of the entitlement of the seller in a reasonable manner appropriate. The same applies if the buyer because of its objective of insolvency payments or has been applied for insolvency against his assets. For the product return. Bull. X.


X. Return of goods

In the event of a resignation and the withdrawal of delivered goods, the seller has a right of compensation for expenses incurred for use, and impairment as follows:
1.For a result of the contract made expenditures such as transportation and installation costs, etc. arising in the replacement level.
2.The rate of depreciation and use, the delivered goods shall, unless a consumer lending business exists, the following flat rates:
Upholstery for the Impairment of resignation and return after delivery, shall:
i. d. 1 HY 25 per cent of the purchase price without deductions
i. d. 2 HY 40 per cent of the purchase price without deductions
i. 3 d. HY 55 per cent of the purchase price without deductions
i. d. 4 HY 65 per cent of the purchase price with no lump AbzügeGegenüber our claims remain open to the buyer to prove that the Seller has suffered no or only a lesser penalty.
3.The numbers 1st and 2 not apply to the rescission of the contract after unsuccessful due to resignation effective remedy and to all cases of cancellation and the full return of the buyer related to consumer contracts under § § 355 ff BGB.


XI. Warranty

1.The buyer is to remedy a defect, first to the right for remedy, but he has the right to choose between defect rectification (rectification) or a non-defective replacement product.
2.The seller may refuse to repair or replacement, if it is only possible with disproportional costs and the other type of remedy without significant disadvantages for the buyer.
3.The buyer can cancel the contract or the reduction of the purchase price, if the supplementary performance has failed or has not been provided within a reasonable time or has been finally refused by the seller.
4.Wählt the buyer after para. 3 the resignation, he shall grant the defective goods back and pay compensation for the towed uses. For the valuation depends on the pro rata linear impairment in comparison between the actual service life and expected useful life.
5.The warranty does not extend to those damages that are the responsibility of the buyer, such as damage to purchasers due to natural wear and tear, dampness, excessive heating of rooms, intensive exposure to sunlight or artificial light, other temperature or weather conditions, or improper treatment have arisen.
6.Gewährleistungsansprüche barred in accordance with the relevant statutory scheme, the warranty period begins to run with the handover.
7.Im Moreover, the liability for the agreed characteristics unaffected.

XII. Fernabsatzverträge

1.When from sales contracts, the) user of remote communications (such as telecommunications and media services were achieved, may revoke the buyer within a period of two weeks without giving reasons, the purchase agreement.
2.The period begins on the date of receipt of goods to the buyer.
3.The revocation to the seller must be in writing, on a durable medium or by returning the goods.
4.A right does not apply to sales contracts for the supply of goods to be manufactured according to customer specifications or clearly tailored to personal needs of the buyer or by their nature are not suitable for return.
5.Im event of cancellation the buyer is required to send the goods delivered to the seller (address pattern company) back. The return is at risk and expense of the seller. When an order up to a maximum of 40 EURO, the buyer has to pay the regular cost of the return, except that the goods delivered were not as ordered. If the buyer has a deterioration of the goods, whose destruction or other impossibility of return, he must compensate the seller for the Impairment or value.
6.Bei purchase a credit account in the event of effective revocation, the binding to the credit agreement.
7.Im other respects the provisions of § § 312 b BGB to 312 f (distance selling) unaffected.



XIII. Jurisdiction and performance

1In jurisdiction and performance are generally the legal rules of civil procedure or the Civil Code.
2.If the buyer has no general jurisdiction in Germany, moved to his domicile or habitual residence out of Germany or his domicile or habitual residence at the time the action is not known, performance and jurisdiction is the headquarters of the seller.

 

 

Withdrawal

 

You may cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods) before receiving the first partial delivery and also does not fulfill our obligations as per § 312c Section 2 BGB in association with § 1 Sections 1, 2 a.m. to 4 p.m. BGB InfoV and our obligations in accordance with § 312e Section 1 Clause 1 BGB in association with § 3 BGB-InfoV. The revocation period is sufficient to send the revocation or thing.

Goods, which were created specifically for the customer, are exempt from this rule.

 

The revocation must be sent to:

 
YOKO Home -Studio
Bahnhof 1
09509 Pockau /Germany
Tel.: +49 37367-772778
Fax: +49 37367-772864
info@yoko-studio.de



 

 

 

Consequences of Withdrawal

In case of an effective cancellation the mutually received benefits. Can the customer to the provider is unable to return the performance received or wholly or partly or only in deteriorated condition, the customer must respect gff. Provide replacement value. With the surrender of things this does not apply if the deterioration in the classified solely on their examination - as it would have been possible, in a shop is. In addition, the customer can avoid the obligation to pay compensation to the customer accepts the product as an owner in use and omitting everything, which impairs their value.
During a return from a goods delivery, whose total order value amounts to 40,00 EUR, the customer must bear the cost of return if the delivered goods ordered. Otherwise, the return for the customer is charged. The return must be made in the original packaging. Should this not be possible, the customer has a
Packaging concern that prevents damage to the goods. For damages, which is due to poor packaging, Kunde.Verpflichtungen liable to reimburse payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of your revocation or thing for us with their reception.

 

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