General Terms and Conditions (GTC)
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Thatenhorst Interior GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
(already translated in last message – remains unchanged)
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
4.2 The payment options are communicated to the Customer in the Seller’s online shop.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the order processing of the Seller shall be decisive.
5.2 For goods delivered by freight forwarding, delivery shall be made “free curbside,” i.e. up to the nearest public curbside to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.
5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs in the event of an effective exercise of the right of withdrawal by the Customer, the provision in the Seller’s withdrawal policy shall apply.
5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall, in principle, only pass to the Customer or a person authorized to receive the goods upon delivery of the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall already pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will use all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.
5.6 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller makes advance payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise stipulated below, the statutory provisions on liability for defects apply. Deviating from this, the following shall apply to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
– the Seller has the choice of the type of subsequent performance;
– the limitation period for defects in new goods is one year from delivery of the goods;
– rights and claims for defects in used goods are excluded;
– the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
7.2 The above-mentioned liability limitations and reduction of time limits shall not apply to claims for damages and reimbursement of expenses by the Customer,
– in the event that the Seller has fraudulently concealed the defect,
– for goods which, in accordance with their normal use, have been used for a building and caused its defectiveness,
– for any existing obligation of the Seller to provide updates for digital products,
– in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they shall be subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods with obvious transport damage and to inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation on any legal grounds
– in cases of intent or gross negligence,
– in cases of intentional or negligent injury to life, body, or health,
– on the basis of a guarantee promise, if nothing else is regulated in this respect,
– on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4 Only one Promotional Voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a Promotional Voucher will not be paid out in cash or bear interest.
9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for wholly or partly with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
10) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s registered office is located outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to bring an action before the court at the Customer’s place of business.
12) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Status: May 7, 2025, 15:28:04 CET