AGB
Gebrüder Bee GbR
Nussbaumweg 5
88699 Frickingen/Germany
Directors: Baldouin Bee, Timo Bee
+49 (0)175 7208656
info@arnowandel.com
arnowandel.com
1 General and Scope
The General Terms and Conditions ("AGB") apply to all contractual agreements, deliveries, and services between Gebrüder Bee GbR (hereinafter referred to as the "Seller") and consumers (hereinafter referred to as the "Customer"). The Customer is any natural person who, when concluding the contract, is acting for purposes outside their commercial, business, artisanal, or professional activities. Deviating and/or supplementary agreements require written form. Approval by Gebrüder Bee GbR via email is sufficient.
2 Offer and Conclusion of Contract
All offers made by Gebrüder Bee GbR on the website arnowandel.com are non-binding and subject to change. The contract is formed through the completion of the ordering process on the seller's website and the receipt of the order confirmation by the seller via email or through the execution of the order by the seller. If the customer orders products based on their own specifications, the effectiveness of the contract is subject to the suspensive condition of the positive verification of technical feasibility by the seller.
Deviation and technical modifications from our illustrations or descriptions are possible and do not affect the conclusion of the contract, as long as they do not alter the function and design. In particular, usual deviations in color, grain, coatings, fabrics, and other surfaces may occur due to the nature of the materials used.
The mentioned deviations do not entitle the customer to contest, reduce, withdraw from, or claim damages insofar as they do not significantly impair the function and design and are reasonable.
Products that can be configured by the customer according to their own specifications regarding dimensions, color, and other design aspects, and are consequently produced, also qualify as goods within the meaning of § 312g of the German Civil Code (BGB) ("goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer"), even if the customer has not made their own specification and has adopted the default settings made by the seller.
3 Right of Withdrawal
You have the right to withdraw from the contract within fourteen days without giving any reason.
The right of withdrawal exists only in the legally regulated cases (§ 312g (2) sentence 1 BGB); in particular, it does not apply to contracts for the supply of goods that are made to the consumer's specifications or clearly tailored to their personal needs (§ 312g (2) sentence 1 no. 1 BGB).
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last item of an order.
To exercise your right of withdrawal, you must inform us
Gebrüder Bee GbR
Nussbaumweg 5
88699 Frickingen
+49 1757208656
info@arnowandel.com
arnowandel.com
of your decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or email). You can also electronically fill out and submit the attached MODEL WITHDRAWAL FORM or provide another unambiguous statement on our WEBSITE. If you make use of this option, we will promptly confirm the receipt of such withdrawal (e.g., via email).
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
4 Consequences of Withdrawal
If you revoke/cancel this contract, we will refund you all payments we have received from you. For shipments outside of Germany or custom-made products that cannot be processed through the usual shipping method, the refund will be made minus the delivery costs.
The repayment will be made within fourteen days from the day on which we receive the notification of your contract revocation. We will use the same payment method for this repayment that you used for the original transaction unless expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. However, we may withhold the reimbursement until we have received the goods back.
You shall send back or return the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The return shipment may be made to different return addresses for each product. In particular, goods that cannot be returned by regular mail (e.g., freight shipments, oversized items) should not be shipped together with goods that can be returned by regular mail (e.g., as parcel shipments). The deadline is met if you send back the goods before the period of fourteen days has expired.
Within Germany, the return shipment is free of charge. For returns from abroad, you are responsible for the direct costs of return (return shipping costs).
You are only liable for any potential loss in value of the goods if such loss is attributable to improper handling of the goods.
Model Withdrawal Form to:
Gebrüder Bee GbR
Nussbaumweg 5
88699 Frickingen
info@arnowandel.com
I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/ provision of the following service ():
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s)
(only if this form is notified on paper)
Date
(*) Delete as appropriate
5 Prices, Due Date, and Payment Terms
The prices stated on the seller's website at the time of the order apply. All prices are gross prices, as the small business regulation according to § 19 UStG (German Value Added Tax Act) is applied. In addition, shipping costs will be charged if the goods are sent to an address outside of Germany.
For customers outside the European Union, additional costs such as increased shipping costs, customs fees, national sales taxes, or other charges may apply. These additional costs and respective national sales taxes must be paid in accordance with the applicable laws of the respective country. The customer is responsible for informing themselves about the relevant regulations.
The total price, including shipping costs, becomes due upon placing the order.
The webshop accepts all payment methods offered at the checkout. Offset against mutual claims is not possible.
6 Order Cancellation
Cancellation of the order by the customer does not release them from the obligation to pay the agreed-upon total amount.
Without prejudice to the right to claim higher damages, in the event of cancellation or unilateral termination of the concluded contractual relationship by the buyer for furniture (particularly customized furniture) or goods that are produced based on the order and not held in stock, Gebrüder Bee GbR is entitled to demand 30% of the gross order value, without proof, from the start of production of the ordered goods.
This provision does not affect the right of withdrawal. The buyer also retains the right to provide evidence that Gebrüder Bee GbR has not incurred any damage or that the damage is lower due to the cancellation of the order.
7 Delivery, Delivery Times, and Shipping Costs
The shipping costs will be communicated to the buyer during the ordering process. The delivery times indicated in the product description or during the ordering process are for guidance purposes only and are not binding.
Upon request, Gebrüder Bee GbR delivers its products to other countries. In this case, specific delivery conditions apply. The delivery costs and times may vary depending on the weight, volume, and delivery location.
8 Return Shipping Costs
In the event of an effective cancellation, the customer is obligated to arrange the return shipment or delivery according to the conditions specified in clause 4. For returns outside of Germany, the customer is responsible for the cost of return shipping.
9 Delivery and Assembly Service
The delivery location provided by the customer must be accessible by a typical delivery vehicle (e.g., truck) during the agreed-upon delivery period. The delivery into the house, apartment, or property must be feasible using customary furniture transportation methods; in particular, entrances, access paths, corridors, and staircases must be kept clear. The buyer is obliged to inform about any unfavourable circumstances regarding the delivery, especially any difficulties encountered during the delivery. If the buyer culpably violates this obligation, they shall reimburse the seller for any additional costs and, if the delivery cannot be completed as a result, be considered in default of acceptance.
10 Warranty
The statutory warranty provisions apply unless otherwise specified in the contractual agreements and specifically in these terms and conditions.
The seller guarantees that the sold goods are free from material and manufacturing defects at the time of transfer of risk and have the properties assured in the contract or in section 14. The statutory warranty period of two years applies.
If customer data has been used for the production of goods and Gebrüder Bee GbR has not conducted any measurements itself, any errors in the data shall be the customer's responsibility. In addition to the conditions mentioned in section 6 for delivery, the customer guarantees that there is a sufficiently large area available for the ordered goods and confirms that the local conditions, especially the walls, have the necessary qualities for any necessary installation.
The warranty only extends to the normal and contractual use of the goods. Damages resulting from improper handling or extreme use are not covered by the warranty.
For all defects covered by the warranty, the statutory claims for subsequent performance, rectification/replacement, and, if the legal requirements are met, further claims for reduction or rescission apply.
To assert warranty claims, the customer has to send an email to info@arnowandel.com. The customer must provide the requested information there, including providing visual material of the alleged defect, if it can be captured visually
Gebrüder Bee GbR assumes no liability for the constant and uninterrupted availability of arnowandel.com or for technical or electronic errors in the online offering.
In all other respects, the statutory provisions, particularly regarding warranty, apply.
11 Liability
We are liable to you (including any liability for third parties according to statutory provisions) in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
In other cases, we are liable – unless otherwise regulated in the last paragraph of this clause – only for the violation of a contractual obligation, the fulfillment of which enables the proper performance of the contract and on whose compliance you, as the customer, regularly rely (so-called cardinal obligation), limited to the compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions in the following paragraph.
Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the aforementioned limitations and exclusions of liability.
12 Delay in Acceptance of Delivery
If the customer does not respond to the notification of the delivery date within a reasonable deadline set for them, refuses acceptance, or explicitly declares that they do not intend to accept, Gebrüder Bee GbR may withdraw from the contract and claim damages for non-performance. Gebrüder Bee GbR’s right to demand performance remains unaffected.
If the customer refuses to accept the delivery, Cambio may claim compensation for expenses in the amount of 30% of the net price of the goods plus statutory value-added tax. Furthermore, Gebrüder Bee GbR reserves the right to assert a higher demonstrable damage. If the delay in acceptance lasts longer than one month, the buyer shall bear the incurred storage costs. Cambio may also store the goods with a third party, such as the delivery service.
The buyer may provide evidence that their delay in acceptance incurred lower costs.
13 Retention of Title
All deliveries are made subject to retention of title. The delivered goods remain the property of the seller until the purchase price has been fully paid.
14 Production Notes
The seller strives to represent surfaces, coatings, fabrics, fibers, and materials on the website as realistically as possible. However, it is possible that due to different lighting conditions, shadows, image resolution, but above all, the settings of the screen and printer, the colors, surfaces, and textures may vary slightly from reality. This applies to surfaces made of both natural and synthetic materials. In particular, products made from natural materials may differ in their details (such as grain, surface texture, and color variation) from the depicted products. Unless they deviate from the usual expectations, such irregularities are not covered by the warranty in clause 9. If there is a need to determine the properties of a product more accurately, we ask you to contact us to find a mutual solution, such as sending samples.
The products of the seller are only suitable for use within an enclosed space unless expressly indicated for outdoor use. The environments in which the products are shown in the product images do not constitute explicit labelling. Damages resulting from use outside of an enclosed space are not covered by the warranty in clause 9.
Sunlight, rain, and other weather conditions can change the color of wood, fibres, plastic, and other surface materials, depending on the location of the products, intensity of sunlight, and other weather conditions. Such changes, as long as they do not exceed the changes that can be expected within the scope of normal or contractual use, are not covered by the warranty in clause 9.
Temperature, humidity, and weather fluctuations can cause wood and other materials to change their size, swell, warp, or split, and material connections may separate. Such damages are not covered by the warranty in clause 9 unless they occur within the scope of normal or contractual use.
Plastic parts can be damaged if they are in contact with other objects for a long time without movement, and other
15 Redemption of promotional vouchers
Vouchers that are issued free of charge by the seller as part of promotional activities and have a specified validity period, and cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and within the specified timeframe.
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher promotion, if such a restriction is indicated in the content of the promotional voucher.
Promotional vouchers can only be redeemed before completing the order process. Retroactive offsetting is not possible.
Only one promotional voucher can be redeemed per order.
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
The credit balance of a promotional voucher will not be paid out in cash or earn interest.
The promotional voucher will not be refunded if the customer returns the goods, which were fully or partially paid for with the promotional voucher, within the scope of their statutory right of revocation.
The promotional voucher is transferable. The seller can fulfill its obligations by delivering to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent unawareness of the holder's lack of entitlement, legal incapacity, or lack of authorization to represent.
16 Language of the Contract and Applicable Law
All agreements between the seller and customers (including the terms and conditions) shall be legally binding solely in the German version, in case multiple language versions exist.
The contractual agreements and the terms and conditions are subject to German law.
17 Severability Clause
The invalidity or ineffectiveness of individual provisions of these terms and conditions does not affect the validity of the remaining provisions. Invalid or ineffective conditions shall be replaced by the legal provisions.