General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (openair living GmbH) via the https://openair-kitchen.com/ website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods and/or the provision of installation services.

Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) Your enquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.

(4) Insofar as stated in the respective offer, you will receive a draft correction from us which you must check without delay. If you agree with the draft, you shall release the draft for execution by countersigning it in text form (e.g. e-mail).

The design work will not be carried out without your approval.

You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.

§ 4 Performance of installation services

(1) Insofar as assembly services are the subject matter of the contract, we owe the assembly work resulting from the service description. We shall perform this work personally or through third parties to the best of our knowledge and belief.

(2) The services shall be rendered on the agreed dates.

(3) You are obliged to cooperate. In particular, you shall provide the opportunity to enter the premises in a walk-in and reasonably hazard-free condition at the time of performance of the installation services. Furthermore, you are obliged to provide us with electrical power and water, if necessary. We are entitled to terminate the part of the contract concerning the provision of installation services in accordance with § 643 BGB (German Civil Code) if you fail to comply with your obligations to cooperate. For this purpose, we shall set you a reasonable period of time during which you can make up for the necessary cooperation.

(4) Insofar as stated in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree with the draft, you shall release the draft for execution by countersigning it in text form (e.g. e-mail).

The design work will not be carried out without your approval.

You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.

§ 4 Performance of installation services

(2) The services shall be rendered on the agreed dates.

(4) If you make use of your right of termination according to § 648 S. 1 BGB (German Civil Code), we can demand 10% of the agreed remuneration as a lump sum if the execution has not yet begun. However, if the statutory right of cancellation exists, this shall only apply if you do not exercise your right of cancellation until after the expiry of the cancellation period. You retain the right to prove that we have actually incurred no costs or significantly lower costs.

§ 5 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory rights of liability for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favourability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. customer information

1. Identity of the seller

openair living GmbH

Bayernallee 48

14052 Berlin

Germany

Phone: +49 30 235 958 380

E-mail: hello@openair-kitchen.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1 We have subjected ourselves to the Buyer’s Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment term

6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised. 6.3.

6.3 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Terms of delivery

7.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

8. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

9. Termination & Cancellation

9.1 Information on the cancellation of the contract as well as the cancellation conditions can be found in the regulations on “Installation Services” in our General Terms and Conditions (Part I), as well as in the respective offer.

9.2 If you wish to cancel your order but have already paid a deposit, this deposit will not be refunded.

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 27.10.2020