Our Standard Terms and Conditions (T&Cs)
- The Vendor’s deliveries, services and quotations are made solely on the basis of these Terms and Conditions. Unless explicitly recognised by the Vendor in writing, the Purchaser’s alternative terms and conditions shall have no binding effect even if they are not explicitly repudiated.
- The Purchaser is bound by its order (offer of contract). By way of damages for non-performance of the purchase agreement (Vendor’s rescission of the agreement), the Vendor may demand 30% of the order price without deduction, insofar as the Purchaser fails to prove that no damages were sustained, or were sustained at an amount lower than the sum of the liquidated damages. The Vendor is entitled, moreover, to demand a higher amount of proven damages such as in the case of custom-made products.
- The calculated prices include kerb-side delivery within Germany.
- The goods shall remain the property of the Vendor, until the complete settlement of all payable dues under this contractual relationship. Certificates and insurance certificates will be forwarded only after complete payment for the article is received. The Purchaser undertakes to uphold the Vendor’s ownership, including where the delivered goods are not for the Purchaser’s own immediate use, but instead intended for other parties, in which case the Purchaser must explicitly disclose the fact of this retention of title. The Vendor must be promptly notified in writing of every change of location and third-party interference; in the case of seizure procedures, the seizure record must be included. Goods subject to a retention of a title must be carefully handled by the Purchaser.
- The stated delivery times may only be regarded as a guideline. The precise delivery date may be queried prior to the purchase. An order confirmation will be issued following the purchase, along with the updated delivery date from the freight forwarding company. In case of non-fulfilment of the delivery date, the Purchaser shall grant the vendor a reasonable additional period in writing. The Purchaser may assert other rights under this agreement, only once this additional period has expired. There is no entitlement to damages if the delay to delivery is caused by disruptions within the business operation, especially due to strikes, lock-outs or other instances of force majeure experienced by the Vendor or its sub-suppliers.
- Reports will be forwarded 4 – 6 weeks following the cash receipt.
- The risk of being liable to pay the purchase price despite loss or deterioration shall pass to the Purchaser at the time of hand-over.
- If, having been granted a reasonable grace period, the Purchaser fails to perform the formal acceptance procedure, or explicitly refuses acceptance, the Vendor shall be entitled to rescind the agreement or demand compensation on the grounds of non-performance. If the delayed acceptance endures for a period of more than one month, the Purchaser shall be liable to pay the storage costs incurred. The Vendor reserves the right to charge a storage fee of 1% of the purchase sum for each month of the additional storage time. The Vendor may only avail of the storage services of a freight forwarding company. By way of damages for non-performance in the case of delayed acceptance, the Vendor may demand 30% of the order price without deduction, insofar as the Purchaser fails to prove that no damages were sustained, or were sustained at an amount lower than the sum of the liquidated damages. The Vendor is entitled, moreover, to demand a higher amount of proven damages.
- Indication of year and origin in the article description: Only if the year specification is included in the article description, it is an original furniture item dating from the specified period; in that case it has been modified less than 30% from the original furniture item. In the case of all other articles, several modifications will have been made, or the veneer, board or rear panels will have been partially replaced due to damage. A restoration report is drafted in respect of every furniture item and can be supplied upon the customer’s request.
- The statutory warranty provisions apply. The majority of the merchandise is made from natural materials, such as wood, leather and natural stone. As such these materials may exhibit naturally occurring colour variations and minor unevenness or varying surface structures. To this extent, these do not constitute deviations from quality such as would otherwise be the case with manufacturing errors, for example. Warranty claims will expire after 24 months, or after 12 months in case of second-hand articles, said periods commencing from the time of the hand-over. Non-consumer purchasers are required to report obvious defects within 4 weeks in writing, otherwise the Vendor may refuse to rectify the defect.
- The delivery is made for the account of the Vendor. Section 447 German Civil Code (Bürgerliches Gesetzbuch, BGB) applies unless the purchaser is a consumer. All delivery arrangements (assurances) and the adjustment of damage during shipment are the responsibility of the freight forwarding company. The goods on order will be delivered by a single individual operating a pallet truck. The goods will be delivered at most to the first door, and will not be brought into the building and will not be moved over steps.
The article remains our property until complete payment is received. The delivery of goods is made to the kerbside of the specified delivery address. At this point, the risk of damage passes to the purchaser.
- Legal notice on cancellation / Returns notice pursuant to Section 355 (2) German Civil Code (BGB): You may withdraw your declaration of willingness to enter into contract, within two weeks and without the requirement of stating reasons, in writing (e.g. letter, or fax) or by returning the goods in question. This period begins no earlier than the time you receive this information. The cancellation period is satisfied if the cancellation notice or the goods are sent within the specified time limit.
The notice of cancellation should be sent to: Möbelhandel Münsterland, Ramon Tissler / Industriestraße 4, 48803 Senden Germany
- Consequences of cancellation/returning goods
In the event that the agreement is effectively cancelled, both parties shall return the contractual performance each has received, and each must surrender to the other any benefits accrued (e.g. interest). Damages for loss in value may be demanded in the event that the merchandise has deteriorated. This does not apply if the deterioration of the merchandise is attributable solely to these having been examined – as would have been possible in a shop environment for example. Furthermore, you can avoid the obligation to compensate any loss in value by not using the goods in the manner of an owner and by refraining from anything that could affect the value of the goods. Package-consignable goods are to be sent back. You shall bear the costs of the return consignment in the event that the delivered goods correspond to those ordered, and the price of the goods to be returned does not exceed 40 Euro or – where the price of the goods exceeds this amount – if you have not yet paid the contractual price or a part payment in respect thereof at the time of the cancellation. Otherwise the return consignment may be made at no charge to you. Please note that in the case of items not consignable by parcel service (and which we also only sell on eBay to self-collection buyers), the Purchaser shall bear the costs of the return consignment (such as the shipping costs, for example). That means: Because the purchaser is responsible for the collection of the goods, the purchaser is similarly responsible for the return consignment of the goods. In accordance with Section 357 (3) German Civil Code (BGB), the customer shall be liable for any diminished value resulting from putting the item to its intended, specified use. This liability is only extinguished if the goods remain unopened or unused. Part payments already received will be refunded only once we have received the undamaged goods.
- If any of these terms and conditions become wholly or partially unenforceable, this will not prejudice the enforceability of the remainder. The unenforceable condition will be substituted for an enforceable one, which most closely fulfils the economic purpose of the original.
- The place of performance for deliveries, services and payments is Münster. The exclusive legal venue for all national and international disputes arising between the parties is the relevant court in Münster.
- Additional or alternative agreements must be made in writing; only then will they become an integral part of this agreement.
Goods are only dispatched using selected shipping companies with whom we have been working for 3 years. The packaging is the most important aspect for antiques. We consider the perfect packaging of our furniture items to be of the utmost importance, so as to ensure that you receive them intact.
Terms of delivery
Delivery is made for the account of the Purchaser. Section 447 German Civil Code (Bürgerliches Gesetzbuch, BGB) applies unless the Purchaser is a consumer. All delivery arrangements (assurances) and the adjustment of damage during shipment are the responsibility of the freight forwarding company. The goods on order will be delivered by a single individual, with an assistant if needed, who will bring the order goods into the home.
Flat-rate delivery costs
free of charge kerbside within Germany.
250.00 Euro to Europe
300.00 Euro to rest of world
approximately 2-4 weeks within Germany
4-6 weeks within Europe
5-8 weeks to rest of the world
We usually demand a down payment of 10% of the sales price payable by bank transfer, with the remaining 90% payable in cash upon delivery. We only accepted credit cards and bank card payments if agreed in advance.