General Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. 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 contradicted; they will only become part of the contract if we have expressly agreed to this.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Mobiliar-Berlin.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English, French, Dutch, Spanish, Italian, Polish
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.
You generally have the option of picking up your order from Mobiliar Berlin, Josef-Orlopp-Str. 38, 10365 Berlin, Germany during the following business hours: Monday-Friday 10:00 a.m. to 5:00 p.m., or by appointment
We do not deliver to packing stations.
5. Payment
In our shop you can generally use the following payment methods:
Payment in advance
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
You provide your credit card details during the ordering process. Your card will be charged immediately after you place your order.
SEPA direct debit
When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited at least one banking day in advance (so-called prenotification). A banking day is every working day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year. Your account will be debited before the goods are dispatched.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the ordering process.
PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
PayPal
In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited before the goods are dispatched.
Purchase on account via PayPal
Purchasing on account via PayPal requires an address and credit check and is made directly to PayPal.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.
Google Pay
In order 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, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further information during the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.
giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.
paydirect
In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your login details and confirm the payment order. The payment transaction is carried out immediately after the order is placed. You will receive further information during the ordering process.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe SCA 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out within one banking day after the order has been placed. A banking day is every working day with the exception of Saturdays, federal public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information in the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due after dispatch of the goods and receipt of the invoice.
Klarna credit card
You provide your credit card details during the ordering process. Klarna will charge your card immediately after you place your order. There will be no address or credit check.
Klarna direct debit
You give Klarna a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (so-called prenotification). Your account will be debited after the goods have been dispatched.
Installment purchase via Klarna
You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros.
The invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to only offer purchase on account after a successful credit check.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. Right of withdrawal
Consumers have the statutory right to cancel as described in the cancellation policy. Businesses are not granted a voluntary right of cancellation.
7. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain 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 freight carrier or transport insurance.
9. Warranty and guarantees
9.1 Liability for defects
Unless expressly agreed otherwise, the statutory liability for defects applies.
The following restrictions and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or malice
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs
For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty.
The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.
Regulations for merchants
Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
Notice to consumers
We would like to inform you that when selling used goods to consumers, we are entitled to shorten the limitation period with regard to warranty rights for defects to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact terms and conditions can be found on the product itself and on special information pages in the online store.
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents.
in case of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here . Consumers have the opportunity to use this platform to resolve their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or as to whether such a contractual relationship even exists, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de . We will participate in dispute resolution proceedings before this body.
12. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Terms and Conditions created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte .