General Terms and Conditions (GTC)

ONE HOUSE

Jan-Willem van den Bosch
Pestalozzistrasse 40A
80469 Munich

Phone: +49 (0) 8974038505
Email: hello@onehouse.de

1. SCOPE OF APPLICATION; DEFINITIONS

1.1. These general terms and conditions, hereinafter referred to as “GTC,” apply to all contracts, deliveries, and other services offered online by One House. Deviating provisions of the customer do not apply unless the seller has confirmed this in writing. For direct purchases in the showroom (stationary trade), the statutory provisions of the BGB (German Civil Code) apply.

1.2. “Consumers” within the meaning of these GTC are natural persons who place orders for purposes that cannot be attributed to their commercial, independent, or freelance activities.

1.3. “Entrepreneurs” within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who place orders for commercial, independent, or freelance purposes.

1.4. 'Customers' within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

1.5. 'The seller' in these General Terms and Conditions is the company One House.

1.6. The Furniture Quality Pass is a legally binding part of the purchase contract.

2. CONCLUSION OF THE CONTRACT

2.1. The presentation of the products in the online shop does not constitute a legally binding offer to conclude a purchase contract, but rather an invitation to the customer to submit an offer by placing an order.

2.2. By submitting the order in the online store (clicking on the “Buy” button), the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart and hereby also acknowledges the validity of these General Terms and Conditions.

2.3. The seller will inform the customer immediately by email of the receipt of the order. This confirmation of receipt does not yet constitute acceptance of the contract offer by us.

2.4. All orders are subject to acceptance by the seller. The seller will notify the customer of acceptance by sending a separate email confirming that the product has become part of the purchase contract (order confirmation). The contract between the customer and the seller is only concluded when the seller sends a contract confirmation. If the customer does not receive a contract confirmation, they are no longer bound by the order.

2.5. Once the order confirmation has been sent by the seller, the order is legally binding, regardless of the payment method selected, which, e.g. in the case of a down payment, is only made during the further processing of the order.

2.6. The contract shall only refer to the products specified in the order confirmation. The seller is not obliged to ship any other products that may have been part of the order until a separate email has been sent confirming that these products have become part of the purchase contract (contract confirmation).

2.7. Order processing and contact are usually carried out by email and automatically. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. RESERVATION OF RIGHTS

3.1. Mass-produced products, and in particular furniture, are sold according to samples and/or illustrations, even if they are manufactured for the customer according to their individual wishes. Before purchasing the products, the customer has the opportunity to

1. view illustrations of products together with the text describing the product, whereby circumstances such as the customer's screen settings and corresponding restrictions must be taken into account;
   
2. The customer shall verify colors, material structures, and other characteristics by visiting a One House Brand Store and/or ordering samples from the seller.

3.2. We reserve the right to make customary and reasonable deviations in color and structure in wood, metal, and other materials (such as stone, marble, granite, ceramics), as well as in textiles and leather. The same applies to deviations from dimensional data that are customary in the trade and reasonable for the customer. Incorrect information provided by the customer, in particular with regard to dimensions, colors, and materials, does not entitle the customer to withdraw from the contract or to a right of retention of the purchase price.

4. PRICES; PAYMENT; ADDITIONAL SERVICES

4.1. The prices listed in the online shop at the time of the order apply. The product prices include the applicable German value added tax.

4.2. The prices do not include delivery and/or assembly fees, which the customer can view in the online shop before placing the final order.

4.3. Deliveries of products and/or services based on orders placed by customers in the online shop are generally only made against advance payment or a deposit. Additional services provided by the seller at the customer's request are due for payment at the latest upon delivery or acceptance.

4.4. If a customer defaults on their payment obligations, the seller may demand compensation in accordance with the statutory provisions and/or withdraw from the contract.

4.5. The seller shall always issue an invoice to the customer, which shall be handed over to them before or at the latest upon delivery of the products and/or services or otherwise sent by email.

4.6. Unless otherwise agreed, advance payments of 50% are due upon conclusion of the contract for goods still to be produced. All information in this regard can be found in the order.

4.7. Remaining payments must be made in full 5 days prior to delivery. A separate payment request will be sent by the seller in good time.

4.8. If payment is made using a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal. com/de/webapps/mpp/ua/useragree...

5. DELIVERY AND TRANSFER OF RISK

5.1. Unless otherwise agreed in the contract, the products and/or services ordered will be delivered to the address specified by the customer. Delivery will be made from the seller's warehouse.

5.2. The customer is responsible for informing the seller at the time of ordering of any circumstances that need to be taken into account in connection with the delivery or that make delivery difficult or impossible. If the customer fails to do so or if incorrect information is provided to the seller, the customer shall reimburse the seller for any costs or damages incurred. Upon delivery, the customer must keep the delivery routes clear.

5.3. The customer must ensure that the purchased furniture fits through doors, stairwells, etc. and that the delivery route is clear. If delivery is possible to a house but not to an apartment within the house, One House or the shipping company commissioned by One House is entitled to leave the furniture in the house.

5.4. The customer is responsible for ensuring that the delivery can take place as planned within the agreed time window. If no one is on site or the customer cannot be reached, a new delivery date must be agreed.

5.5. The further organization of delivery to the apartment and any additional costs incurred are not part of the contract with the seller and are the responsibility of the buyer. The same applies to a second delivery attempt if the first was not possible as described in point 5.4.

5.6. The availability and/or delivery times of the individual products and/or services are specified in the item descriptions. The information provided by the seller regarding the delivery period is non-binding, unless, in exceptional cases, the delivery date has been bindingly confirmed by the seller.

5.7. The seller reserves the right to make partial deliveries if this appears advantageous for speedy processing and the partial delivery is reasonable for the customer. Additional costs incurred as a result of partial deliveries will not be charged to the customer.

5.8. The seller reserves the right to withdraw from the obligation to fulfill the contract if the products are to be delivered by One House and/or its suppliers on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the seller is not responsible for the failure to deliver. The seller shall not be responsible for the failure to perform if a so-called congruent covering transaction has been concluded in good time with One House and/or its suppliers to fulfill the contractual obligations. If the products are not delivered, the seller shall inform the customer of this circumstance without delay and refund any purchase price and delivery charges already paid.

5.9. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods to the consumer or to a recipient designated by the consumer. This shall apply regardless of whether the shipment is insured or not. The handover shall be deemed to have taken place if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by delivery to the carrier or to the person or institution designated to carry out the shipment.

5.10. The customer must inspect the goods immediately upon delivery or collection and must report any visible defects to One House in writing within 5 working days of receipt of the goods in order to assert any claims.

6. RETENTION OF TITLE

The delivered products remain the property of the seller until all claims have been paid in full.

6.1. RETENTION OF TITLE (EXTENDED)

If the customer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of its commercial or independent professional activity at the time of conclusion of the contract, the following conditions shall apply in addition.

1. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business.
   
2. The seller reserves the right to revoke consent to the resale of goods delivered under retention of title and, in the event of default in payment, to withdraw from the contract and demand the return of the goods.
   
3. The customer hereby assigns to the seller any claims arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with the seller (including value-added tax). This assignment applies regardless of whether the purchased item has been resold without or after processing.
   
4. The customer remains authorized to collect the claim even after the assignment. However, the seller remains entitled to collect the claim itself.
5. However, the seller will not collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment, and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.
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7. DELAY IN ACCEPTANCE

7.1. If, after expiry of a reasonable grace period set by the seller with the warning that the contract will be rescinded or compensation will be claimed in lieu of performance if the grace period expires without result, the buyer remains silent or refuses payment and/or acceptance or expressly declares that it does not wish to accept, the seller's claim for performance of the contract shall remain in force. Instead, he may withdraw from the contract and/or demand compensation in lieu of performance in accordance with clause 7.2.

7.2. If the seller claims compensation in lieu of performance in the event of default by the buyer in accordance with Section 7.1, the seller may claim lump-sum costs amounting to 25% of the purchase price without deductions, unless the buyer proves that no damage has been incurred at all or that the damage incurred does not amount to the lump sum.

7.3. The seller reserves the right to claim higher damages instead of the lump-sum compensation, e.g. in the case of custom-made products and/or special orders.

7.4. If the delay in acceptance lasts longer than one month, the buyer shall pay any storage costs incurred. The seller may also use a forwarding agent for storage.

8. WITHDRAWAL

8.1 The seller is not required to deliver if the manufacturer has discontinued production of the ordered goods or if circumstances beyond his control arise, provided that these circumstances arose after conclusion of the contract, were not foreseeable at the time of conclusion of the contract, and the seller is not responsible for the non-delivery and can prove that he has made futile efforts to procure goods of the same type. The seller must inform the buyer of the aforementioned circumstances without delay and reimburse the buyer for any payments already made.

8.2 The seller has the right to withdraw from the contract if

1. the buyer has provided incorrect information about facts that are essential for their creditworthiness and which are likely to jeopardize the seller's claim to performance in a justified manner and/or
   
2. the customer has not paid a purchase price due or is in arrears with more than 3 monthly installments and/or
3. insolvency proceedings have been initiated against its assets.

Section 9 applies to the return of goods.

9. RETURN OF GOODS

9.1. In the event of withdrawal and return of delivered products, the seller is entitled to compensation for expenses, use, and depreciation in accordance with the following provisions. The seller is always entitled to reimbursement of expenses such as transport and assembly costs in the amount incurred.

1. For furniture in the event of withdrawal and return after delivery in the first half of the year, 30% of the purchase price and in the second half of the year, 35% of the purchase price. In year 2, 40% of the purchase price in the first half of the year and 55% of the purchase price in the second half of the year.
   
2. In the event of withdrawal, these percentages shall also apply to the compensation for use to be paid.
3. The buyer is free to provide evidence that One House has incurred no or only a lesser loss than the above-mentioned lump sums.
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10. WARRANTY

10.1. The buyer is entitled to the statutory warranty claims.

10.2. The buyer must provide One House with comprehensible evidence of any defects. One House may refuse to repair or replace the goods if this would involve disproportionate costs and another form of subsequent performance is possible without significant disadvantages for the buyer.

10.3. In order to determine the damage or defect and to decide what type of repair or replacement delivery is appropriate, the seller may commission an independent expert to assess the damage on site.

10.4. The buyer may withdraw from the contract or demand a reduction in the purchase price if the subsequent performance has failed or has not been provided within a reasonable period of time or has been definitively refused by the seller. A repair shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise.

10.5. If the buyer chooses to withdraw from the contract in accordance with clause 10.4, they must return the defective goods and compensate the seller for the value of the benefits they have received. See details under point 9.

10.6. The warranty does not cover wear and tear or damage caused by the buyer through unnatural use, moisture, excessive heating of the rooms, other temperature or weather influences, or improper handling.

10.7. For display items, the warranty period is 1 year from delivery. Subsequent claims for obvious defects are excluded.

10.8. Warranty claims for new furniture expire 2 years after delivery.

10.9. If the customer is a legal entity under public law, a special fund under public law, or an entrepreneur acting in the exercise of its commercial or independent professional activity at the time of conclusion of the contract, the limitation period for warranty claims is 1 year from delivery. The above reduction of the limitation period does not apply to claims for damages by the customer due to injury to life, limb, or health, or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The above reduction of the limitation period shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

11. STATUTORY RIGHT OF WITHDRAWAL FOR CONSUMERS

11.1. The customer has the right to withdraw from this contract within fourteen days without giving reasons. Pursuant to Section 312g (2) No. 1 of the German Civil Code (BGB), this does not apply to goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is necessary or which are clearly tailored to the personal needs of the consumer. This includes all upholstered and leather furniture manufactured individually according to customer requirements with customer-specific module, material, and color combinations, as well as furniture such as dining tables and carpets manufactured according to the customer's individual specifications. The right of withdrawal also does not apply to other products that have a delivery time of more than four weeks due to their nature or method of manufacture.

11.2. If the customer is a legal entity under public law, a special fund under public law, or an entrepreneur who, at the time of conclusion of the contract, is acting in the exercise of his commercial or independent professional activity, he is not entitled to the statutory right of withdrawal.

11.3. The withdrawal period is fourteen days from the day on which the customer takes possession of the goods.

11.4. In the case of a contract for several goods that were ordered as part of a single order but delivered separately, the withdrawal period is fourteen days from the day on which the customer took possession of the last goods.

11.5. In the case of a contract for the delivery of goods in multiple partial shipments or pieces, the withdrawal period is fourteen days from the day on which the customer took possession of the last partial shipment or the last piece.

11.6. To exercise the right of withdrawal, the customer must inform the seller (ONE HOUSE, Pestalozzistrasse 40A, 80469 Munich / +49 (0) 89 74038505 / hello@onehouse. de) of their decision to withdraw from this contract.

12. CONSEQUENCES OF CANCELLATION

12.1. If the customer has canceled the purchase contract, the seller must refund all payments received from the customer, including delivery costs, immediately and no later than fourteen days from the day on which the seller received notification of the cancellation of this contract. The same means of payment used for the original transaction will be used for the refund, unless expressly agreed otherwise.

12.2. The seller may refuse to refund until he has received the goods back or until the customer has provided proof that the goods have been returned, whichever is earlier.

12.3. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality.

12.4. The buyer shall bear the full cost of the return shipment. These costs will be deducted from the refund.

13. TRANSPORT

13.1. If goods are delivered with obvious transport damage, these defects must be reported directly to the delivery agent or the shipping company. The buyer is requested to note any discrepancies on the delivery note and to report the damage to the seller immediately.

13.2. Most upholstered furniture is covered with a thin stretch fabric (fleece) on the underside. This protects against dust and dirt during production and transport. The fabric is easily torn and is not relevant to the use or appearance of the furniture. A tear does not constitute damage to the furniture and does not justify a complaint and/or claim.

14. USE OF DATA AND DISCLOSURE TO THIRD PARTIES

14.1. If the purchase of goods and/or services has been completed, the seller is entitled to send information about similar goods and services to the email address provided at the time of purchase (§ 7 III UWG (3)). This use of the email address can be revoked at any time in whole or for individual measures by email to hello@onehouse.de.

14.2. Within the scope of contract fulfillment, the seller is permitted to forward the contact details to third parties such as shipping companies/shipping service providers for delivery or a service company for repairs and expert opinions. No separate data protection consent is required for this.

15. APPLICABLE LAW, PLACE OF JURISDICTION

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich.