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timeless furniture GmbH & Co. KG

Schorndorfer Strasse 6,

70734 Fellbach

Phone: +49 (0) 711 46 960 422

E-mail:  info@timelessfurniture.de

Web:  http://www.timelessfurniture.de

 

Seat:

District Court of Stuttgart HRB 723403

timeless furniture management company mbH

Personally liable partner

 

VAT ID DE256405127

Managing Director: Berkan Fitik

 

Liability for content

As a service provider, we are responsible for our own content on these pages according to Section 7, Paragraph 1 of the German Telemedia Act (TMG).

According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate 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 knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.

Liability for links

Our offer contains links to external third-party websites, the content of which we have no influence on.

Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking.

 

Illegal content was not recognizable at the time of linking.

However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement.

As soon as we become aware of legal violations, we will remove such links immediately.

copyright

The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.     

Source reference: eRecht24

 

 

Conditions

1. Scope
1.1.
 

These general terms and conditions apply exclusively, subject to deviating written agreements.
Conflicting with or deviating from these General Terms and Conditions
  deviating general terms and conditions  We do not recognize buyers

unless we had in writing  agreed to their validity.
1.2.
 

Our general terms and conditions apply  Subject to paragraph (1.1) also for all future transactions  the buyer.


2nd offer
2.1.
 

Our offers are non-binding. belonging to the offer  Documents such as illustrations, drawings, weight and
Dimensions are only approximate, insofar as they
  are not expressly designated as binding.
2.2.
 

The order signed by the buyer is binding.  We are entitled to what is contained in the buyer's order  Contract offer within two weeks of receipt  accepted by us by sending an order confirmation.
2.3.
 

For the scope of the order is our written  order confirmation prevails.

All ancillary agreements and  all changes to the order must be made in writing.
2.4.
 

Our commercial and travel agents are not authorized to  to give verbal ancillary agreements, assurances, etc., which  go beyond the content of our written order confirmation.
2.5.
 

To information, in particular drawings, calculations  and other documents sent to the buyer or third parties  be passed on, we reserve ownership and  copyrights. You are allowed to persons other than the buyer  or made accessible to third parties.


3. Delivery and Delay in Delivery
3.1.
 

Delivery dates or delivery periods must be stated in writing.  They are not binding, unless they are in writing as  bindingly agreed.
Delivery periods begin with the conclusion of the contract.
 

If changes to the contract are subsequently agreed,  If necessary, a delivery date or a delivery period must be agreed again at the same time.

Compliance with deadlines  of deliveries and services constitutes the timely receipt  all performance or  delivery components, necessary permits and  Approvals, in particular of plans and compliance with the  agreed terms of payment and other obligations  ahead. If these conditions are not timely  fulfilled, the deadline is extended appropriately.
3.2.
 

Since we are dependent on the respective delivery options of the manufacturers  and suppliers are dependent, there is generally no legal claim  upon delivery of the desired/ordered goods or  the desired/ordered quantity. This applies in particular in  in the event of production cessation or other non-deliverability  of an article by the manufacturer or supplier.
In these cases there is no obligation to perform on our part,
 

where, in the event of non-deliverability, the buyer within the framework of our  the respective state of knowledge is informed in advance.
3.3.
 

The delivery period is met if, by the time it expires,  The purchased item has left the factory or the readiness for dispatch  is communicated.

If a non-binding delivery date or a  non-binding delivery period exceeded by four weeks, so  the buyer can request us in writing

within reasonable  deadline to deliver. Come with the deadline of this request  we in default.
3.4.
 

The buyer can in addition to delivery replacement by the  demand a delay of any damage incurred.

falls to us  or our representatives or vicarious agents intent or  gross negligence, we are liable according to the statutory provisions  provisions,

in the event of gross negligence or  culpable breach of essential contractual obligations  in accordance with sentence 5 of this paragraph limited to the  contractually foreseeable damage. The rest is ours  Obligation to pay compensation due to delay in delivery to a maximum of
15% of the agreed remuneration (including sales tax) after
  Subject to sentence 5 of this paragraph.

further  Claims by the buyer are excluded.
The above limitations do not apply to liability due to
  injury to life, body or health.
3.5.
 

If we are in default with the delivery, the  Buyer gives us a reasonable grace period in writing  put statement

that after the expiry of the period he accepts the  object of purchase rejects. After the unsuccessful expiry of the grace period  the buyer is entitled

by written declaration of the contract  to step back.

The right to delivery is in  the cases of the unsuccessful expiry of the grace period  threat of rejection excluded.
3.6.
 

At our request, the buyer is obliged to  within a reasonable period of time whether he because of the  delay in delivery withdraws from the contract or whether he  insists on delivery.
3.7.
 

Partial deliveries and partial services are permitted insofar as  Buyer reasonable.


4. Price and Payment
4.1.
 

The price stated in the order confirmation is non-binding.
The prices do not include sales tax and apply ex works.

Sales tax is charged on the day of invoicing  in the applicable legal amount in the  Invoice shown separately.

We reserve the right  reserve the right to amend our prices accordingly if after  conclusion of the contract cost reductions or cost increases,
in particular due to wage agreements or material price changes,
  enter. We will pass this on to the buyer  prove demand.
4.2.
 

The buyer is obliged to pay the price upon delivery of the purchased item  or sending the invoice to pay.

The deduction  discount requires a special written agreement.
4.3.
 

If reasonable doubts arise after the conclusion of the contract  creditworthiness of the buyer, we are entitled within  advance payment or provision of security within a reasonable period of time  to demand. If the buyer does not comply with this request in due time, we are entitled to withdraw from the contract after the deadline has expired  justified.
4.4.
 

Payment methods are prepayment, direct debit  or bank transfer accepted, with both  the acceptance as well as the rejection of one of the listed
Methods of payment are the sole responsibility of tfm, es
  there is no claim on the part of the customer to the desired  Payment method,

if we do not agree to this. us yet  Unknown new customers can generally only against prepayment  be supplied.

Depending on the order volume  we reserve the right to agree partial amounts as payment in advance.
Any cash discounts and volume discounts will be given in advance
  negotiated. International orders are exclusively against  Prepayment possible.
Any bank charges are generally fully dated
  to be borne by the customer, they are not part of the invoice amount (neither
by the customer himself or by the bank) in deduction
  bring!
4.5.
 

The buyer can claim against our payment claims  offset only if the buyer's counterclaim
is undisputed or a legally binding title exists.
  The buyer can only assert a right of retention 

insofar as it relates to claims from the same contractual relationship  based.
4.6.
 

Default interest is charged at 8% pa above the base interest rate  calculated.

The assertion of further damage  is not excluded.
 

5. Contract Cancellations
5.1.
  Cancellations made by the buyer authorize the  Supplier to collect compensation accordingly

of  Processing status of the affected order.


6. Transfer of risk, packaging, transport insurance
6.1.
 

The danger of accidental sinking and accidental  Deterioration of the purchased item goes to the buyer ex works  about.

It is the same if the purchased item - on request  of the buyer to a place other than the place of business of the  Buyer shipped and -

to the forwarder, the carrier  or the person otherwise appointed to carry out the shipment  be handed over.
6.2.
 

Transport packaging will be taken back by the manufacturer  and outside of public waste disposal one
material recycling.
6.3.
 

If the buyer so desires, the purchased item will be  covered by transport insurance.

In this regard, accruing  The buyer bears the costs.

7. Liability for Defects, Other Liability, Statute of Limitations
7.1.
 

Defects in the purchased item must be reported by the buyer immediately, at the latest  but 10 days after they become known with specification  of the day of the first occurrence and concrete description of the  report defects in writing. Does the advert not match this  requirements, any liability for defects is excluded
7.2.
 

In the event of proper notification, we are liable for defects  of the purchased item as follows:
If there is a defect, we are at our own discretion to
  rectification of the defect or delivery of a defect-free one  purchased item entitled (subsequent performance). requirement for the  Liability for defects is that it is a not insignificant  deficiency acts. Should either or both types of the  supplementary performance is impossible or disproportionate  we are entitled to refuse them. We can do the supplementary performance  furthermore refuse as long as the buyer meets his payment obligations  not fulfilled to an extent that corresponds to the defect-free part of the  performance achieved. We carry the for the purpose of  supplementary performance  necessary expenses. This does not apply to  Expenses arising from the fact that the purchased item  moved to a place other than the buyer's place of business  unless the shipment corresponds to its intended purpose  Use.
7.3.
 

Should the supplementary performance referred to in paragraph 7.2 become impossible  or be disproportionate or fail twice  the buyer the right to choose, either according to the purchase price  reduce or from the contract according to the legal  withdraw regulations. This applies in particular to the  culpable delay or refusal of supplementary performance.  The above provisions also apply to delivery  another thing or a lesser quantity.
7.4.
 

We are liable in the event of intent or gross negligence on our part  or one of our representatives or vicarious agents according to the  legal regulations. For the rest, we are only liable  the Product Liability Act, due to injury to life,  of the body or health or because of culpable  Violation of essential contractual obligations. The claim for damages  for breach of essential contractual obligations  however, to the contract-typical, foreseeable damage  limited. Liability also applies in cases of gross negligence  limited to the contract-typical, foreseeable damage,
if none of the exceptional cases listed in sentence 2 of this paragraph
  present.
7.5.
 

Liability for damage to legal assets caused by the purchased item  of the buyer or third parties, e.g. damage to other items,  however, is completely excluded. This does not apply if intent  or gross negligence or because of the injury  of life, body or health is liable or  such damage in the event of a breach of essential contractual obligations  are contractual and foreseeable. In cases of gross negligence  or in the event of a breach of essential contractual obligations  liability for contract-typical, foreseeable damage  limited.
7.6.
 

The provisions of paragraphs 4 and 5 above extend  relates to damages in addition to performance and damages  instead of performance, for whatever legal reason,  in particular due to defects, breach of obligations  the obligation or tort. 

They also apply to the replacement of futile expenses.
7.7.
 

The limitation period for claims and rights due to defects  of the purchased item is 1 year, calculated from the transfer of risk  or in the case of acceptance by the forwarding agent, the carrier  or by those otherwise responsible for carrying out the shipment  specific person with takeover by this person. The statute of limitations
of sentence 1 also applies to claims for damages,
  not related to a defect.  However, the limitation period of sentence 1 does not apply in the cases of
§ 438 para. 1 no. 1 BGB (defects of title in immovable property),
§ 438 para. 1 no. 2 BGB (buildings, things for buildings),
Section 479 (1) BGB (entrepreneur's right of recourse) or
§ 634a Para. 1 No. 2 BGB (buildings or work, the success of which
the provision of planning or monitoring services
exists for this).

The deadlines mentioned in the previous sentence  are subject to a limitation period of 3 years.

The requirements  for reduction and the exercise of a right of withdrawal  Defects of the product are excluded,

as far as the claim for supplementary performance  is statute barred.
7.8.
 

The limitation periods of paragraph 7 do not apply in the case  of intent, in the case of fraudulent concealment of defects  Claims for damages due to bodily injury,  life, health or freedom, in the case of claims after  Product Liability Act in the event of a grossly negligent breach of duty
or in the event of a breach of essential contractual obligations.
7.9.
 

Insofar as our liability is excluded or limited,  it also applies to the personal liability of our employees,
Employees, employees, representatives and vicarious agents.


8. Retention of Title
8.1.
 

We retain ownership of all delivered items  Purchased items before until the buyer all present and future  claims arising from the business relationship  has paid.
8.2.
 

In the event of breach of contract by the buyer, in particular  in the event of default of payment, we are entitled to return the delivered goods
to take back. The buyer agrees to a return
  in this case now. In the withdrawal lies only then  a rescission of the contract if expressly so by us  is explained. The costs we incur as a result of the return  (in particular transport costs) shall be borne by the buyer.
Furthermore, we are entitled to refuse any resale to the buyer
  or processing of those delivered under retention of title  to prohibit the purchased item and the direct debit authorization  (paragraph 5) to revoke.
8.3.
 

The buyer is obliged to take good care of the delivered goods  to treat; in particular, he is obliged to do this on his own  Costs against elemental forces and theft sufficient  to insure at new value. Claims resulting from this  the insurance is already assigned to us.
8.4.
 

The buyer may use the delivered goods and the other  Substitute claims neither pledge nor as security  assign nor assign. In the case of seizures or other  The buyer must notify us immediately in writing of interventions by third parties  notify us so that we can file a suit in accordance with § 771 ZPO
be able. Us despite a victory in the legal dispute according to § 771
  The buyer has to bear the remaining costs of this action.
8.5.
 

The buyer is entitled to use the purchased item properly  course of business to resell, process or  mix.

In doing so, however, he is already stepping up to all of our claims  from resale, processing, mixing  or for other legal reasons (in particular  the security or tort) in the amount of  final invoice amount agreed with us, including VAT
away. The buyer remains responsible for collecting these claims
  authorized even after the assignment, whereby our authority, the  collect the claim yourself remains unaffected.  However, we undertake not to collect the claim  as long as the buyer meets his payment obligations from the  meets the proceeds received, not in default of payment  and no application for the opening of insolvency proceedings  has been made or payment has been suspended. But is this the
If so, the buyer has the assigned claims to us upon request
  and to announce the debtor, all for collection  to provide the necessary information, the associated documents  hand over and the debtor (third party) the assignment  to share.

The direct debit authorization can be issued by us in the case of  Breaches of contract (in particular default of payment) by the  Buyer be revoked.
8.6.
 

The retention of title also extends to the  processing, mixing or combining with those of us  delivered purchase items resulting products to their  full value, these operations being done for us, so that we  are considered manufacturers.

Remains with a processing, mixing  or connection with parts owned by third parties,  in this way we acquire co-ownership in relation to the objective ones  values of these parts.


9. Liquidated Damages
9.1.
 

If we have a claim for damages or depreciation  against the buyer, against his representative or against  to its vicarious agents - for whatever legal reason - we are entitled to 20% of the agreed remuneration without  further evidence as compensation or depreciation
Craving. The assertion of higher damages or
  a higher depreciation remains reserved. The buyer  remains evidence permitted that a damage or a  Depreciation has not arisen at all or is significant  is lower than the flat rate.


10. Final Provisions
10.1
 

Applicable law is the national law of the Federal Republic  Germany to the exclusion of the UN Convention
on the International Sale of Goods (CISG).
10.2.
 

The place of jurisdiction and fulfillment is our place of business.  However, we are entitled to assert our claims to everyone  to assert another competent place of jurisdiction.
10.3.
 

Should individual provisions be wholly or partially ineffective  be or become, the validity of the  other provisions are not affected.


Status: August  2019  - Lose all previous expenses  their validity.

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