General terms and conditions of
Re-El - Elektro- und Elektronikschrottverwertungs GmbH,
Division Möbelscheunen
++ Please note: the text beyond based on an automatic translation. For legally purposes the german version is legally binding. ++
As of May 31, 2013
- General
- The Möbelscheunen of RE-EL - Elektro- und Elektronikschrottverwertung GmbH, hereinafter referred to as “Möbelscheunen”, sell used items of all kinds, in particular used furniture and other used household items, in their business premises.
- The sale of used items takes place exclusively on the basis of these general terms and conditions. We reserve the right to sell unused items that were originally intended to be disposed of or passed on and are also subject to these terms and conditions. The Möbelscheunen do not recognize deviating terms and conditions, unless these are approved in writing in individual cases by the management of Re-El GmbH. Counter-confirmations by the buyer with reference to his own terms and conditions are hereby rejected.
- Origin of the items offered
- The Möbelscheunen receive all items offered primarily as part of the Möbelscheunen service from household liquidations, collection from private households and deliveries to commercial companies.
- Obligations of the Möbelscheunen
- The Möbelscheunen are not obliged to examine the offered items for functionality, defects or safe usability. The objects are therefore only suitable to a limited extent or not at all for normal use without such a test or possibly required repairs.
- The Möbelscheunen are not obliged to replace, deliver or take back defective items, as each item offered is a unique item.
- The Möbelscheunen give buyers the opportunity to view and examine the items in detail on site. This does not replace a check by a specialist.
- Buyer's Obligations
- An inspection or repair of the items is the responsibility of the buyer and at his own expense.
- It is the responsibility of the buyer to have the object of purchase examined on site and / or by a specialist with regard to functionality and safe usability before it is put into operation or used.
- Procurement of the offered items
- All items for sale are second-hand or intended for disposal. In addition to obvious defects, the objects can also have hidden defects that make them unsuitable for use and / or functionality. They do not correspond to the condition of new items. The items can show considerable wear and tear. The items for sale have not been examined by the Möbelscheunen for functionality, freedom from defects or safe usability.
- Every item offered is unique. Neither a guarantee nor a guarantee with regard to their functionality, freedom from defects and their safe usability is given for the items offered.
- The objects offered may not be suitable at all or only to a limited extent for normal use. The items offered can differ considerably from those of the same type.
- The buyer is aware that the items may have been handed in precisely because of their considerable defects that reduce their suitability.
- The use of the purchased item without prior inspection, possibly by specialists, can be associated with dangers for people and property or lead to further dangers.
- Liability and warranty, right of exchange
- The Möbelscheunen exclude any contractual and tortious liability within the framework of the legal permissibility. The Möbelscheunen are therefore only liable - insofar as there are no personal injuries - in the event of gross negligence or willful misconduct.
- If the buyer fails to perform an inspection by specialists, he is liable for the resulting damage.
- In any case, a liability claim against the Möbelscheunen is limited in amount to the price of the object of purchase agreed between the Möbelscheunen and the buyer.
- Insofar as the sale of the item does not constitute a purchase of consumer goods within the meaning of §§ 474 ff. BGB, the sale takes place under the exclusion of any warranty. If the buyer is an entrepreneur i. S. d. § 310 para. 1 BGB, then he assumes the guarantee and liability with the purchase and delivery of the object of purchase, as soon as it is or is on site, at his own risk. The buyer had the unhindered opportunity to inspect and examine the items thoroughly, including for hidden defects, or to have them checked by third parties.
- Warranty claims expire after one year from the transfer of risk.
- The Möbelscheunen do not have the right to exchange any items sold.
- Retention of title, transfer of risk and default in acceptance
- The purchase item remains the property of the Möbelscheunen until full payment has been made. The risk of having to pay the purchase price despite loss or damage is transferred to the buyer when the object of purchase is handed over.
- If the delivery for collection has been agreed, the buyer must collect the purchased item within the agreed period, but no later than 3 working days from the Möbelscheunen at his own expense.
- If the deadline is exceeded, the Möbelscheunen are not liable for the risk of loss or damage. After a further 4 calendar days, the Möbelscheunen may remove or resell the object of purchase.
- As a result of the additional expenses incurred by the Möbelscheunen as a result of the delay, the buyer is not entitled to repayment of the purchase price or a down payment.
- Other provisions
- Ancillary agreements of any kind beyond the content or scope of the general terms and conditions must be made in writing.
- The place of jurisdiction for all disputes arising from this contract and the place of performance is Tostedt, the place of jurisdiction of RE-EL - Elektro- und Elektronikschrottverwertung GmbH as the parent company.
- Should any provision of these terms and conditions be or become ineffective, this shall not affect the effectiveness of the remaining terms and conditions.