Terms of service
§1 Scope, Contracting Parties
(1) The following General Terms and Conditions (GTC) of Nils Holger Moormann Möbel GmbH, hereinafter referred to as the “Seller,” apply to all orders from consumers, hereinafter referred to as the “Buyer,” via the online shop. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity.
(2) For contracts between Nils Holger Moormann Möbel GmbH and entrepreneurs, the GTC applicable to traders are available as a PDF file after logging into the trader area. An entrepreneur is any natural or legal person or legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when placing an order.
(3) The contract is concluded with Nils Holger Moormann Möbel GmbH. Further information (address, etc.) can be found in the imprint. You can reach our customer service for questions, complaints, and claims Monday to Friday at the times listed on the website www.moormann.de, by phone at +49-(0)8052-9045-0.
§2 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to submit a legally binding offer. By clicking the order button, you submit a binding order for the products contained in your shopping cart. The confirmation of receipt of the order is sent together with the acceptance of the order immediately after submission via automated email. With this email confirmation, the purchase contract is concluded. Exceptions apply for credit card or direct debit (PayPal) payments: the contract is concluded at the time the credit card is charged or the account is debited. For Sofortüberweisung (Klarna) payments, the contract is concluded at the time the payment instruction is confirmed by the payment service provider. A valid contract requires the order process to be completed by submitting the order.
(2) Ordered products may differ slightly in color from their online representation, provided this is reasonable.
(3) Contract conclusion is subject to proper self-supply. If correct or proper self-supply fails, the seller may be unable to deliver partially or fully, provided the failure is not attributable to the seller and the seller has concluded a concrete coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. Otherwise, the counter-performance will be refunded immediately. In the event of non-availability or partial availability, the buyer will be informed immediately.
(4) The contents of the contract are stored by the seller and sent to the customer together with the GTC by email.
§3 Retention of Title
(1) For consumers, the seller retains ownership of the goods until full payment of the purchase price.
(2) In case of breach of contract by the customer, particularly in the event of default, false statements about creditworthiness or identity, or if insolvency proceedings are filed, the seller is entitled – after setting a deadline if necessary – to withdraw from the contract and reclaim the goods, provided the customer has not yet rendered full payment.
§4 Remuneration / Purchase Price
(1) The indicated purchase price is binding. It includes the statutory VAT. Any additional shipping costs are shown in the order summary. Packaging costs are included in the shipping costs.
(2) The seller reserves the right to release the goods for delivery only after confirmed receipt of prepayment or deposit.
(3) The customer may only offset undisputed or legally established counterclaims or, in case of a legal dispute, contested but decision-ready claims from warranty claims under the contractual relationship.
(4) Exercising rights of retention or raising the objection of non-fulfillment is only possible if the counterclaim is legally established in case of dispute or is decision-ready in case of legal proceedings. With undisputed seller claims, rights of retention or objection may always be asserted.
§5 Payment Methods
(1) Customers can pay via advance payment/bank transfer, credit card, or PayPal. For payment on account, the seller may condition this payment method on a credit check of the buyer in individual cases.
(2) For PayPal payments (direct debit or credit card), the customer must register at www.paypal.com. The provider’s terms of use apply.
§6 Shipping
(1) Services are provided in Aschau. The seller delivers exclusively to Germany and Austria. Self-collection by the buyer is not possible.
(2) The delivery period is indicated on the respective product page. The start of the delivery period depends on the chosen payment method (see paragraphs 3–5).
(3) For advance payment/bank transfer or PayPal, the delivery period begins one day after payment instruction. For all other payment methods, the period begins one day after placing the order.
(4) If the start or end of the period falls on a Saturday, Sunday, or public holiday, the period is extended to the next working day.
(5) Regarding the reservation of proper self-supply, the seller refers to §2(3) of these GTC.
(6) Partial deliveries are permitted if there is a justified reason on the seller’s side and the buyer can reasonably accept the partial delivery. No additional costs arise for the buyer.
§7 Right of Withdrawal
(1) Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the last goods, the last partial shipment, or the last item.
To exercise your right of withdrawal, you must inform us:
Nils Holger Moormann Möbel GmbH
An der Festhalle 2
D-83229 Aschau im Chiemgau
shop@moormann.de
Tel: +49-(0)8052-9045-0
Fax: +49-(0)8052-9045-45
by means of a clear statement (e.g., letter, fax, or email) of your decision to withdraw from this contract. You may use our model withdrawal form, but this is not mandatory. Upon exercising this option, we will immediately confirm receipt of your withdrawal by email.
(2) Consequences of withdrawal: Upon withdrawal, we will refund all payments received from you, excluding shipping costs, immediately and no later than fourteen days from the day we receive your withdrawal. Refunds will be made using the same payment method unless otherwise agreed. We may withhold the refund until the goods are returned or proof of shipment is provided, whichever occurs first.
You must return the goods immediately, and no later than fourteen days after notifying us of the withdrawal. You bear the direct cost of returning the goods. You are liable for any loss of value only if it is due to handling beyond what is necessary to inspect the goods.
§8 Transfer of Risk
(1) The risk of accidental loss or deterioration of the goods passes to the buyer upon delivery.
(2) If, exceptionally, the buyer commissions the carrier or other person for shipping, the risk passes to the buyer upon handover to this person.
(3) The same applies if the buyer is in default of acceptance.
§9 Buyer’s Rights
(1) Information, drawings, illustrations, technical data, and weight/size/performance descriptions outside our webshop are for informational purposes only. Nils Holger Moormann Möbel GmbH provides no warranty for their accuracy. The scope of delivery is determined solely by the order confirmation.
(2) If a warranty-relevant defect exists, the buyer has the statutory rights.
(3) The seller covers return shipping costs for defective goods.
(4) Internet communication cannot be guaranteed error-free or continuously available with current technology. The seller is not liable for continuous availability of the online offering.
(5) Warranty limitation periods are subject to statutory regulations.
§10 Limitation of Liability
(1) The seller is liable only for its own content on the webshop. External links do not constitute liability for external content. The seller will block access upon gaining knowledge of illegal content.
(2) The seller is not liable for minor breaches of immaterial contractual obligations.
(3) Otherwise, statutory provisions apply.
§11 Consumer Dispute Resolution
We are willing to participate in dispute resolution before a consumer arbitration board. The competent board is:
Zentrum für Europäischen Verbraucherschutz e.V.
Bahnhofsplatz 3, 77694 Kehl
Tel: +49 7851 / 991480
E-mail: mail@online-schlichter.de
Web: www.online-schlichter.de
§12 Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This does not reduce mandatory consumer protection in the country of residence.
“I expressly agree that my name, address, and other personal information provided to Nils Holger Moormann Möbel GmbH may be shared with a selected authorized dealer for contact purposes. I may revoke this consent at any time in writing.”
Nils Holger Moormann Möbel GmbH
An der Festhalle 2, D-83229 Aschau im Chiemgau
Amtsgericht Traunstein HRB 7439
VAT-ID: DE131188460
Managing Directors: Christian Knorst, Robert Christof