General Terms and Conditions

of HOMESTORYS GmbH.

Industriestraße 38, 4700 Eupen in Belgium

Unternehmensnummer: BE0866.321.648

1. scope of application

The following terms and conditions apply to all orders placed via our online store or in our store by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract, correction options

2.1 The purchase contract is concluded with Homestorys GmbH. By placing the products in the online store, we submit an offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

2.2 A purchase contract shall only be deemed to have been concluded when Homestorys sends the customer a confirmation by e-mail within 5 working days. invoice or has carried out the shipment within 5 working days. However, the contract is concluded at the latest 2 working days after receipt of the order whichever comes first.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German, French We store the text of the contract. For security reasons, the text of the contract is no longer accessible via the Internet.

4 Subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you are unsure: Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible. In the case of wooden products, natural variations in the grain, structure and color of the wood are possible.

4.3 Right of use

Any sketches, drafts, preliminary products, etc. created by us to fulfill the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the contractually agreed extent.

5 Requirements and handling of customer content

If it is necessary for the fulfillment of the order that you transmit content (e.g. texts, data, files) to us, the existing technical possibilities for this as well as any applicable requirements are based on the respective product description. You are solely responsible for the content, including the legality and accuracy of the content you transmit. We do not check the content before executing the order.

6. assembly

The provision of installation services requires an express agreement.

6.1 Selection of the service provider

We shall provide the service at our discretion either in person or through qualified personnel selected by us. We expressly reserve the right to have services provided by third parties (subcontractors) who work on our behalf. You only have a claim to the selection of a specific person to perform the service if and insofar as this is expressly stated in the applicable service description. If and insofar as third parties are used to provide services, we shall remain fully responsible for the performance of the contractual obligations. Before engaging third parties, we will check their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual services and oblige them to do so.

6.2 Access to the installation site

The product shall be delivered to the installation site. You are obliged to grant the person commissioned with the installation access to the installation site and to ensure that access to the desired location is sufficiently guaranteed for delivery and installation.

For large pieces of furniture, you must ensure that the furniture can be easily transported to the designated room. This includes ensuring that doors, corridors, stairwells and other access routes provide sufficient space to transport the goods without damage.

If a lift is required for delivery to higher floors, you must ensure that a suitable lift is available and in working order. If no lift is available or it is not sufficient to transport the goods safely, you must organize this in advance. Failure to do so may result in delays or additional costs to be borne by the customer.

7 Delivery conditions

7.1 Delivery area

We deliver within Europe. Unless otherwise agreed, we do not deliver to Islands and non-continental Europe.

7.2 Shipping costs

Standard shipping is free of charge from an order value of 250 euros incl. VAT to Beneleux, Germany and France. For further information, please click on the following link: Shipping conditions

7.3 Delivery options

We ship the products to the delivery address specified in the order process.

In principle, you have the option of collecting the products from Homestorys GmbH, Industriestraße 38, 4700 Eupen, Belgium during the following business hours: Monday to Friday from 9 a.m. to 5 p.m.

We do not deliver to packing stations.

7.4 Delivery by forwarding agent

Making an appointment

In the case of forwarding deliveries, the forwarding company commissioned by us will contact you to agree a delivery date.

Place of delivery

The delivery and the unloading of the goods to the curb of the agreed delivery address. Delivery does not include delivery to specific premises or assembly and/or removal of the packaging and/or pallet, unless expressly agreed otherwise.

Required local conditions

Delivery by forwarding agent is only possible if the delivery address can be reached by motor vehicles with a permissible total mass of 7 tons via public roads with a minimum width of 2.5 meters without further official or civil law restrictions.

If one of the above conditions is not met or if you have any doubts, please contact us by telephone before placing your order.

8 Warranty and guarantee

8.1. Notice of defects

The customer must report obvious defects in the goods immediately, but at the latest within 5 days after receipt of the goods to the seller. This applies in particular to damage caused during transportation. The notice of defects must be sent by e-mail to aftercare@homestorys.com be sent.

8.2. No liability for assembly errors

Homestorys accepts no liability for damage caused by incorrect assembly of the product, unless the assembly was carried out by an employee or a person authorized by Homestorys.

9 Payment

The following payment methods are available in our store.

Prepayment

If you choose to pay in advance, we will send you an invoice with our bank details in a separate e-mail within 5 working days and order the goods after receipt of payment.

Credit card

You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

Google Pay

In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed.

PayPal, PayPal Express

In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process. PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Installment purchase via Alma SAS

In cooperation with Alma SAS, 176 Avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, France, we offer you the option of purchasing in installments. The prerequisite is a successful address and credit check. In addition to our General Terms and Conditions, the General Terms and Conditions of Alma SAS apply to payment processing.

Apple Pay

In order to be able to pay the invoice amount via the payment service provider Apple Inc, 1 Infinite Loop, Cupertino, CA 95014, USA ("Apple"), you must have set up an Apple Pay account. You can pay with your Apple ID by logging into your account and confirming the payment instruction.

10. right of withdrawal

The statutory right of withdrawal applies to consumers. Further information on this and the withdrawal form can be found under the following link: Revocation form.

11. transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

12 Warranty and guarantees

12.1 Liability for defects

Unless expressly agreed otherwise, the statutory liability for defects shall apply. The following limitations and shortening of time limits shall not apply to claims based on damages caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in the event of intentional or grossly negligent breach of duty or fraudulent intent in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, if agreed, or insofar as the scope of application of the Product Liability Act is opened. Limitations in relation to entrepreneurs In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Notice to merchants The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect. Information for consumers We would like to inform you that we may shorten the limitation period regarding warranty rights for defects to one year from delivery of the goods when selling used goods to consumers, provided that we specifically inform you of this and this is expressly and separately agreed.

12.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store. Customer service: Contact us directly for an individual offer or for personal advice on all other questions! 9am-6pm 7 days/7 +32(0)87/84 06 75 or by e-mail to info@homestorys.com.

13. liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened up. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

14. Delivery times

The delivery times stated on our website or communicated when the order is placed are purely indicative and do not constitute a contractual obligation. Although we always endeavor to adhere to the times indicated, delays may occur due to circumstances beyond our control, such as logistical disruptions, production delays or exceptional conditions. Exceeding the estimated delivery time therefore does not entitle you to cancel the order or to claim damages or other claims. We will inform you of any significant changes to the delivery time and are available to answer your questions at any time.

15. settlement of disputes

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

16. final provisions

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office. Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.

GTC created with the Trusted Shops legal text editor

Version: December 2024