Terms and conditions
General Terms and Conditions of Sale
Scope of application
These terms and conditions apply to all purchases made from Gymfurn GmbH by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The prices quoted are final prices including value added tax. The amount shown at the time of the binding order shall apply. Shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you, are added. You can find out about the details under Shipping costs. We shall bear the regular costs of the return shipment incurred in the event of a return of the goods by you exercising your right of revocation. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment shall be made upon delivery by means of
Default of payment
If you are in default of payment, Gymfurn GmbH is entitled to demand interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. In the event that Gymfurn GmbH has demonstrably incurred higher damages due to default, Gymfurn GmbH shall be entitled to assert such damages.
Right of retention
The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) Delivery is made to the delivery address specified by the customer, within Europe.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Gymfurn GmbH’s obligation to perform is excluded. Amounts already paid will be reimbursed by Gymfurn GmbH without delay.
(3) Gymfurn GmbH may also refuse performance insofar as this requires an effort that is grossly disproportionate to the customer’s interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded by Gymfurn GmbH without delay.
(4) Bulky goods (parcels with a volume larger than 1 sqm) are usually delivered by a forwarding agent. Gymfurn GmbH expressly points out that these goods will not be carried into the house.
Favourable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be liable to pay us the increased costs compared to a cheaper shipping method.
Retention of title
The delivered goods remain the property of Gymfurn GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
(1) A product that is already defective upon delivery (warranty case) will be replaced by a defect-free product or professionally repaired by Gymfurn GmbH at the customer’s option and at Gymfurn GmbH’s expense (supplementary performance). The customer is advised that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Gymfurn GmbH does not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the dictates of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer are to be taken into account – the customer’s claim shall be limited to the respective other type of supplementary performance. The right of Gymfurn GmbH to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at the expense of Gymfurn GmbH to the return address provided by it, stating the order number. Prior to sending in the product, the customer shall remove any objects inserted by him from the product. Gymfurn GmbH is not obliged to inspect the product for the insertion of such items. Gymfurn GmbH shall not be liable for the loss of such items, unless it was readily apparent to Gymfurn GmbH upon return of the product that such an item had been inserted into the product (in this case, Gymfurn GmbH shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred in doing so). Furthermore, before sending a product for repair or replacement, the customer must, if necessary, create separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer’s responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if Gymfurn GmbH is responsible for the deterioration or loss or if the damage would also have occurred at Gymfurn GmbH,
c) if the deterioration or loss occurred at the customer’s premises although the customer exercised the care he is accustomed to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) The statutory warranty of Gymfurn GmbH ends two years after delivery of the goods. The period begins with the receipt of the goods.
(1) In the case of slight negligence, Gymfurn GmbH is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Gymfurn GmbH shall not be liable for other damages caused by slight negligence due to a defect of the object of purchase.
(2) Irrespective of any fault on the part of Gymfurn GmbH, liability on the part of Gymfurn GmbH in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer’s guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by Gymfurn GmbH.
(3) Gymfurn GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.
(4) The personal liability of Gymfurn GmbH’s legal representatives, vicarious agents and employees for damages caused by them due to slight negligence is excluded.
The contract concluded between you and Gymfurn GmbH is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Cologne.
General information obligations for alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.