General Terms and Conditions (GTC)
General Terms and Conditions of ABOUTWOOD and Melly & Nelly Company S.L., Valencia, as of October 2021
1 Scope of Validity
2 Subject matter of the contract – Conclusion of contract – Price information
3 Shipping – Shipping costs
4 Delivery time – Insurance – Transfer of risk
5 Complaints – Transport damage
6 Compensation for loss suffered
7 Terms of payment
8 Retention of title
9 Defects liability
10 Right of withdrawal
11 Final provisions
12 Data protection
14 Declaration of intent to place the order
1 Scope of validity
1.1 The following general terms and conditions (GTC) apply to all costumers (hereinafter referred to as ‘costumer’) – in the version valid at the time of the order – who sign a purchasing contract with AboutWood and Gamze Bahar (hereinafter referred to as “seller”)
This is the only GTC that applies to the AboutWood company, and any purchases made through said company. Contradicting, deviating or supplementary conditions of the customer do not apply unless their validity was expressly agreed in writing. When placing an order, the customer agrees to these terms and conditions and accepts being bound to them.
1.2. The Sales site AboutWood is a marketing and sales channel of Comunicador – International Sales & Marketing – Gamze Bahar – based in Jávea, Spain. The Website www.aboutwood.net is not an online shop or a mail order company in the sense of e-commerce Law.
1.3 The product range from the seller is aimed equally at private consumers and entrepreneurs. Thus, the term “customer” refers to both private consumers, as well as entrepreneurs.
1.4 For the purposes of these terms and conditions, a consumer is any natural person who concludes the contract for a purpose that can be attributed neither to their commercial nor their independent professional activity, and is an entrepreneur, a natural or legal person or a legal partnership who, upon conclusion of the contract, is in charge of their commercial professional activity.
2 Subject matter of contract – Conclusion of contract – Price information
2.1. The subject matter of sales contracts between the seller and his customer are furniture and furniture elements made of solid wood, which are individually made according to the wishes and dimensions of the customer. Occasionally, the seller may have items in stock that can be found under the heading “Immediately available”. These unique pieces are models that were produced for demonstration purposes.
2.2. Offers, drawings, specifications and price information from the seller are non-binding and subject to change. Just like all price information on the website, in catalogues or in brochures.
The prices offered by the seller for the customer are always time limited. The price fluctuations in procurement as well as in transport caused by the world market make it impossible to keep prices valid over the long term.
If the customer needs a longer reflection period, the offer will of course be adjusted accordingly and, if necessary, extended without any problems.
2.3. A binding order comes into being when the customer, after detailed, personal consultation, accepts the offer specially adapted to him and after receiving the proforma invoice, makes the advance payment for goods and transport.
2.4. A contract with the seller is concluded in accordance with the following provisions:
Custom-made, personalized products:
The customer makes contact via the homepage www.aboutwood.net. The customer informs the seller of the dimensions and special requests he wants.
After a detailed consultation, the customer receives an offer that is precisely tailored to his needs. The offer is only valid for a limited time as the prices for the raw materials change daily.
Upon acceptance of the offer, the customer submits a binding application to purchase the goods. When submitting the application, the customer confirms the inclusion of the terms and conditions (which can also be viewed online).
In the proforma invoice that they then receive, the customer is asked to prepay the invoice price so that the seller can start production for the customer.
Single items that are available from stock and that do not represent a special order will be dispatched within 3 to 5 working days after receipt of full payment including the shipping costs.
Individual items that are available from stock are subject to prior sale.
The shipping time depends on the customer’s place of residence and the shipping method. The customer receives all this information, including shipping costs, in the form of an offer when making an inquiry. This offer is only valid for a certain period of time, as the transport costs also vary constantly, and the offer price can change as a result.
2.5. The contract can be concluded in the following languages: German, English, Spanish,
3 Shipping – Shipping costs
3.1. The subject of the contract is delivered directly to the customer from the partner plant. The customer bears the costs of delivery. When the offer is submitted, the shipping costs are already determined as mentioned above and are included in the offer.
3.2. Unless otherwise expressly agreed, the seller determines the appropriate mode of dispatch and the transport company at its own discretion.
3.3. Depending on the destination country, duties and taxes may apply, which are to be borne by the buyer. The buyer does not have to take care of the processing, the logistics company takes over this area as a business partner of the seller. The products are delivered to the curb.
3.4. The customer must ensure that the delivery of goods can be handed over to him or an authorized person.
3.5. The seller does not offer a set-up service. The products are self-explanatory and quick to set up. Assembly instructions and care instructions are included in the shipment.
4 Delivery time – Insurance – Transfer of risk
4.1. The seller delivers worldwide as standard.
4.2 The seller tries to keep delivery times as short as possible. Products processed with epoxy resin have a minimum production time of 6 weeks due to the long drying and processing time. The delivery time may vary depending on the order situation, the customer will be informed promptly of any delay.
A delay in delivery is only given if the buyer has given the seller a reasonable grace period (of at least 4 weeks) and this could not be met either.
4.3 Exotic types of wood that the seller does not have in standard processing must be ordered separately if the customer wishes. For such special orders, the delivery time is not in the hands of the seller and might take longer.
4.4 In cases of delays due to unforeseeable events, the delivery deadlines are postponed by the duration of the hindrance. These can be: Force majeure, freight problems, customs complications, problems with the procurement of raw materials, etc. Claims for damages by the buyer due to non-fulfilment or late fulfilment of the contract are excluded.
4.5 The seller does not run its own transport company. In the delivery process, he has the role of mediator between his customer and the logistics company.
4.6 If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the goods delivered is transferred to the customer at the time the goods are delivered to the customer, or the customer is in default of acceptance.
In all other cases, the risk is transferred to the customer when the goods are delivered to the transport company.
5 Complaints – Transport Damage
5.1 The seller documents the entire packaging process including images as proof that the goods have left the factory in perfect condition.
5.2 Liability for transport damage is assumed exclusively by the transport company. The transport risk is only insured on the basis of a written agreement and only at the customer’s expense.
5.3 The goods must be checked thoroughly by the customer BEFORE they are taken over. If there is transport damage, the customer is obliged to report the damage to the driver immediately on site. Identifiable defects must be noted in as much detail as possible by the customer on the delivery note and bill of lading. In order to have better evidence, the customer is obliged to take photos of the damage.
5.4 The customer is entitled to refuse the goods that have been damaged in transit. He is obliged to justify and document the refusal as precisely as possible (as described in 5.3).
5.5 Complaints made after the takeover will not be recognized by the shipping companies and their insurance companies.
5.6 The customer is not entitled to send goods damaged in transport back to the seller only after they have been taken over. A compensation agreement must be made with the transport company beforehand.
The seller expressly points out that in the event of transport damage, this procedure must be strictly adhered to.Only complaints or refusals of acceptance will be recognized if they are submitted by the transport company with images and damage documentation.
5.7 If the delivery cannot be delivered or if the customer refuses to accept it, a reasonable deadline for acceptance will be set by email. In the event that the customer continues to refuse acceptance, the customer will be charged for all costs incurred, such as storage and return costs.
5.8 The customer is expressly informed that wood is a natural product. It is in the nature of things that no natural product is identical. Deviations from the template cannot be avoided, which does not represent a deterioration and is also not a reason for complaint. The customer must also be aware that each model is unique and can never be identical to a design template.
6 Compensation for Damages
6.1 The seller is interested in only delivering impeccable quality. Before shipping, the seller ensures that only flawless goods leave the factory and documents the final inspection and the packaging process with images.
6.2 If the customer nevertheless discovers defects, he must notify them in writing immediately upon receipt. The delivered goods are deemed to have been approved by the customer if a defect is not reported to the seller in writing within 72 hours of delivery.
Damage in transit must be reported to the deliverer on the freight bill and entitle the recipient to reject the shipment. (See note 5.3)
6.3 Claims for damages by the customer against the seller, his legal representatives or vicarious agents are limited to cases of intent or very gross negligence. In particular, the seller is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal, property or pure financial damage to the customer. Claims for damages by the customer for injury to life, limb and health are excluded from this. The limitations of liability also do not apply to fraudulently concealed defects.
In the event of a breach of essential contractual obligations, the seller is only liable for typical, foreseeable damage if this was caused simply by negligence.
6.4 The provisions of the Product Liability Act remain unaffected.
6.5 If the seller demands compensation from the customer for whatever reason, this amounts to a flat rate of 30% of the agreed purchase price (net). The damage is to be set higher or lower if the seller proves a higher or the customer a lower damage or its non-occurrence.
7 Terms of Payment
7.1. The seller delivers only against prepayment.
7.2 Unless otherwise agreed, payment will be made using bank transfers. The bank details are communicated to the customer after submitting his declaration of intent in the proforma invoice. Payment is due immediately upon conclusion of the contract.
8 Reservation of Title
8.1 The contractual items delivered by the seller to entrepreneurs remain the property of the seller until all claims arising from the purchase contract between the entrepreneur and the seller have been fully fulfilled.
8.2 The entrepreneur is neither entitled to transfer the subject of the contract to third parties nor to dispose of it in any other way (e.g.by pledging, etc.) until all claims existing in favour of the seller have been fully met. The entrepreneur is obliged to inform the seller immediately of any possible risk to the goods, in particular of foreclosure measures by third parties.
9 Guarantee for consumers and entrepreneurs
9.1 The warranty shall define itself according to the legal provisions, to the extent nothing different is arranged. The warranty takes place in the event of a defect and a timely complaint as part of the repair.
10 Right of withdrawal
Start of the cancellation policy for consumers-
10.1 In the case of distance sales contracts and contracts that were concluded outside of the business premises, the customer generally has a right of withdrawal for 14 days. The customer can exercise his right of withdrawal by sending the goods back to the seller within 14 days of receipt. The exceptions to the right of withdrawal are regulated in note 10.7.
10.2 The customer must return the goods to the factory in their original packaging with all accessories after the seller’s prior written approval. The seller works with various master and specialist companies. The return address will be communicated to the customer via email correspondence.
The customer can contact customer service at the following email address: email@example.com
10.3 The risk of the return as well as its proof lies with the customer. The return costs are borne by the customer. Returns sent freight collect will not be accepted.
Consequences of the withdrawal:
10.4 The cancellation, communicated in writing and confirmed by the seller, leads to the order being reversed. All payments made by the customer, excluding delivery costs, will be returned to him within 14 days of receipt of the return.
10.5 The same method of payment will be used for the repayment that was used for the invoice payment.
10.6 The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the condition, properties and functionality of the goods.
10.7 The right of withdrawal does not apply to custom-made products that are individually manufactured according to customer requirements, regardless of the start of production and payment.
10.8 Submitting the declaration of intent in writing is binding and requires payment of the full invoice price including shipping costs.
10.9 The seller can withdraw from the purchase contract if the subject of the contract and / or its components are not available for reasons for which the seller is not responsible. The seller will inform the customer immediately in the event of unavailability and undertake to reimburse any payments already made without delay.
END OF REVOCATION –
11 Final provisions
11.1 Jurisdiction and Applicable Law: This agreement is construed in accordance with Spanish law for national business and UN sales law for international business. The place of fulfilment is Valencia – Spain.
If the contractual partner is an entrepreneur or is legally equivalent to such, the seller’s company seat is the exclusive place of jurisdiction for all disputes arising from the business relationship.
11.2 Should individual provisions of these terms and conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected.
12 Data protection
If you have any questions about these terms and conditions, please contact:
Declaration of intent to order
I hereby accept the general terms and conditions of ABOUTWOOD / Gamze Bahar and confirm that you have read and understood the cancellation policy. I have taken note of the data protection declaration and signed it separately.
With reference to offer no. ………. from XX.XX.XXXX I order the services described in the above offer in a binding manner. I will transfer the invoice price immediately to the bank account mencioned in the offer.
Place of residence:
Place and date