Terms and Conditions

II General information

1. 1. These General Terms and Conditions of Sale apply to all enquiries or orders placed via the website www.danzz.de. Consequently, you agree to these terms and conditions of sale when you place an order via the website. Deviations from these terms and conditions of sale require our written consent.
   2. The use of the online shop requires the fulfilment of certain technical requirements on the part of the website visitor’s end device and the existing Internet connection.
   3. Customers within the meaning of these GTC are consumers, entrepreneurs, legal entities under public law or special funds under public law.
   4. Acceptance of the general terms and conditions by the customer is voluntary, but nevertheless necessary to place an order.
   5. The customer can place orders without setting up an account.
   6. The use of the Electronic Services as an electronically provided service entails typical risks of data transmission via the Internet, such as the dissemination of customer data, access by unauthorised persons or the loss of customer data. The seller and the customer are obliged to take measures to minimise these risks.
   7. The use of the online shop, in particular the use of electronic services and the conclusion of purchase contracts, is possible if the end devices used by the customer and the ICT system meet the technical requirements. For technical reasons, the seller may temporarily, but for no longer than 48 hours, deactivate some of the functions of the online shop in order to improve it, add services or carry out maintenance work. The seller will endeavour to inform about technical disruptions by placing a corresponding notice on the homepage of the online shop.

III Electronic services

1. The seller provides the following electronic services to customers free of charge via the online shop:
   1. Account;
   2. The possibility for customers to place orders and conclude purchase contracts in accordance with the principles set out in these GTC;
   3. The option of using a shopping basket;
   4. Newsletter;
   5. Customer ratings;
2. The account can be used once the customer has completed the following steps:
   1. Completion of the registration form and acceptance of the provisions of these GTC,
   2. Click on the ‘Log in’ button.
3. The following customer data is required in the registration form: First and last name, e-mail address and password to be defined by the customer.
4. The Service Agreement is concluded when the following conditions are fulfilled together: (i) effective completion and acceptance of the registration form for setting up an account by the Customer (transmission to the Seller), (ii) acceptance of the General Terms and Conditions and (iii) confirmation of the conclusion of the Service Agreement by the Customer by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer during registration. The account is provided free of charge for an unlimited period of time.
5. The seller may refuse to register an account if the customer violates the provisions of paragraph 9 below.
6. Use of the shopping cart begins when the customer places the first product in the shopping cart. The shopping cart is a one-time service provided free of charge and ends when the customer places or discontinues an order through it. Depending on the available features, the shopping cart may retain information about the products selected by the customer even after the browsing session ends, but it does not guarantee that copies of the products selected by the customer will be available for order placement at a later time.
7. To start the newsletter service, the Customer must agree to receive commercial information and accept the terms and conditions of the newsletter service by checking the appropriate box or clicking the appropriate button and providing his e-mail address in the appropriate field on the online store website and then clicking on the activation link sent to the specified e-mail address (the moment of starting the newsletter service).
8. As part of the seller’s online presence, customers have the opportunity to rate the services and products offered by the seller. The seller is generally not responsible for the content of the customer’s ratings. The customer undertakes not to publish any ratings that are illegal, violate laws or regulatory requirements, or infringe the rights of third parties. The seller verifies the ratings using the email address used when placing the order or linked to the user’s account.
9. In particular, the customer is obliged:
   1. to provide only true, current and all necessary Customer data in the order and in the account and, in the event of a change in such data, to immediately update the data, including personal data, that the Customer has provided to the Seller in connection with the conclusion of the Sales Agreement or the use of Electronic Services;
   2. to use the electronic services in such a way that the functioning of the Seller or the online store is not impaired;
   3. to use the electronic services in a manner that is consistent with the statutory provisions, the provisions of the General Terms and Conditions and the customs and rules of social coexistence accepted in the respective area;
   4. to keep the login and password confidential and, in particular, not to disclose them to unauthorized persons. In particular, the Seller shall not be liable for any loss of data or access to data stored in the account resulting from a breach of the above-mentioned obligation by the Customer;
10. The Seller may terminate the Service Agreement for the following valid reasons:
    1. The manner in which the electronic services are used is contrary to the rules and purpose of the online store;
    2. The customer’s activity violates common decency, incites violence or commits a criminal offense and violates the rights of third parties;
    3. the customer violates the provisions of Art. III paragraph 8 of the General Terms and Conditions.
11. The termination of the service contract by the Seller must be sent to the email address provided by the Customer.
12. The notice period for both parties is 14 days. Termination of the service agreement by either party is equivalent to deletion of the account.

IV. Conclusion of contract

1. The presentation of the products in our online shop does not constitute a legally binding offer, but merely a non-binding online catalog.
2. All offers of goods presented by us are subject to change, including prices, and merely represent non-binding invitations to the customer to submit a purchase offer.
3. An order can be placed using a form available in the store. Orders can be placed after registering an account in the store or without registering an account in the store.
4. By clicking the “Add to cart” button, you can add the respective item to your virtual shopping cart. The selected items will be collected in the shopping cart. This process is non-binding and does not constitute a contractual offer.
5. In the shopping cart, you can check and correct the number of selected items, remove individual items from the shopping cart, or add additional items using the “Continue Shopping” button. By clicking the “Proceed to Checkout” button, you will be guided through further steps to access your existing registration or enter your data. You (1) can then specify a different delivery address, (2) can select one of the payment methods offered to you, (3) will be asked to agree to the General Terms and Conditions and the applicable data protection policy, and (4) will be asked to review and, if necessary, correct your details before submitting your order.
6. By clicking the “Order with payment” button at the end of the ordering process, you submit a binding declaration to conclude a purchase contract for the products in your shopping cart. You are bound to your contractual offer for a maximum of five days.
7. Before submitting your order, you have the opportunity to check the accuracy of your information and correct it if necessary. We will confirm receipt of your order immediately after it has been submitted via an automatic confirmation email. However, this email does not constitute a binding acceptance of the offer; it merely serves to inform you that your order has been transmitted correctly.
8. The customer is obligated to pay in advance or for the entire order. Upon receipt of payment from the customer, DANZZ will process the order.
9. A contract is concluded when we accept your contractual offer within the binding period by sending an order confirmation.
10. Orders can be placed by email 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, and public holidays will be processed on the first business day following the day the order was placed. The provisions of Section IV, paragraphs 8-9 of the Terms and Conditions apply accordingly to the conclusion of the purchase contract.
11. The conclusion of the purchase contract between DANZZ and the customer takes place by sending a message about the start of the order to the e-mail address provided by the customer in the return.
12. For orders placed by email, a deposit in the form of a regular transfer to the seller’s account number is required.
13. You can print or save the contract text before submitting your order. You can also archive your order data by either (1) downloading the Terms and Conditions and saving the data summarized on the last page of the online shop’s order process using your browser’s functions, or (2) waiting for the automatic order confirmation and the automatic contract confirmation, which we will also send to you by email after completing your order to the email address you provided. It is not possible to retrieve the contract text separately.
14. The contract language is exclusively German.

V. Price/Payment

1. All prices in our online shop are gross prices in euros including statutory VAT and are exclusive of any applicable shipping costs.
2. Shipping costs are listed in our online store prices. The price, including VAT and applicable shipping costs, is also displayed in the order form before you submit your order.
3. The Seller provides the Customer with various payment options for the purchase contract. The available payment methods are presented to the Customer on the online store’s website and when placing an order.
4. The customer can choose from the payment methods displayed during the ordering process:
   1. Payment by credit card/debit card.
   2. Payment via PayPal.
   3. Payment via Klarna
   4. Payment in advance.
5. If you choose to pay by credit card, a (pre-authorized) reservation of the amount will be made upon completion of the order. Your credit card account will be charged shortly after the order is completed.
6. When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
7. When paying using a payment method offered by Klarna, payment processing is carried out by the payment service provider Klarna Bank AB (publ). Sveavägen 46, 111 34 Stockholm.
8. If you choose to pay in advance, the purchase price is due immediately. You will receive the transfer details immediately after your order is received. Delivery times are based on receipt of payment. Therefore, if you pay in advance, delivery times may vary depending on the availability of the ordered item at the time of payment.
9. All special offers available in the online shop cannot be combined unless the terms of the offer state otherwise.
10. You agree that invoices and credit notes will be delivered exclusively in electronic form.
11. The delivered goods remain our property until full payment has been made (retention of title according to §§158, 449 BGB).

VI. Delivery

1. The available delivery methods for the product are presented to the customer on the online store’s website and when the customer places the order.
2. The product will be delivered to the address provided by the customer when ordering.
   Delivery is only available within Germany.
3. Delivery will take place within the delivery period specified for the respective product.
4. The delivery time will be extended appropriately if circumstances beyond our control affect the delivery.
5. If delivery to you is not possible because you cannot be found at the delivery address you provided, even though you were notified of the delivery time with reasonable notice, you will bear the costs of a second delivery. The customer is obligated to point out any special circumstances that may complicate delivery via the usual access routes (the inaccessibility of the delivery location by truck or structural restrictions due to entrances or stairwells). If the customer violates this obligation to provide information, they must reimburse DANZZ for any additional costs incurred.
6. For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes upon handover of the goods to the consumer or a recipient designated by the consumer. Handover is deemed to occur if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the carrier or other person or institution designated to carry out the dispatch.
7. DANZZ offers a furniture moving service for customers.
8. Furniture assembly is not included in the price. DANZZ does not offer furniture assembly services, but does provide assembly instructions.

VII. Right of withdrawal

1. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have a legal right to cancel your order according to Section 312g of the German Civil Code (BGB) or Section 355 of the German Civil Code (BGB).
2. You have the right to withdraw from this contract within fourteen days without giving any reason.
3. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
4. To exercise your right of withdrawal, you must contact us
   DANZZ Spółka z o.o,
   ul. Techniczna 19,
   37-600 Lubaczów (Poland),
   e-mail: info@danzz.de
   by means of a clear statement (e.g., email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.
5. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
6. Consequences of revocation:
   1. If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
   2. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
      DANZZ Sp. z o.o., ul. Techniczna 19, 37-600 Lubaczów (Poland), e-mail: info@danzz.de, tel. +49 17 63 62 76 475
   3. You will bear the direct cost of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
7. Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
   1. Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it to)
– DANZZ Spółka z o.o.,
ul. Techniczna 19,
37-600 Lubaczów (Poland),
e-mail: info@danzz.de,
tel. +49 17 63 62 76 475

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
– Date.

(*) Delete as appropriate.

VIII. Warranty/Complaints

1. The warranty is based on the statutory provisions.
2. We are liable for material or legal defects of delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
3. If and to the extent that you are a business owner, we are generally not liable for defects that you were aware of at the time the contract was concluded or that you were grossly negligent in not being aware of (Section 442 of the German Civil Code (BGB)). Furthermore, in this case, claims for defects require that you have fulfilled your statutory inspection and notification obligations (Sections 377 and 381 of the German Commercial Code (HGB)). If a defect becomes apparent upon delivery, inspection, or at any later point in time, the business owner must notify us thereof immediately in writing. In any case, obvious defects must be reported within 14 working days of delivery, and defects not apparent upon inspection must be reported within the same period from their discovery by the business owner. If the business owner fails to carry out a proper inspection and/or notification of defects, our liability for the defect not reported, not reported in a timely manner, or not reported properly is excluded in accordance with the statutory provisions. The above provisions of this paragraph 3 expressly do not apply to consumers.
4. The seller undertakes to deliver the goods or product without defects.
5. If the product sold is defective, the customer can:
   1. submit a statement requesting a reduction in the purchase price or withdrawing from the contract, unless the seller replaces the defective product with a defect-free product promptly and without undue inconvenience to the customer. In the event of a reduction in the purchase price, the purchase price shall be adjusted proportionally to the price resulting from the contract, just as the value of the defective product is proportional to the value of the defect-free product. The customer may not withdraw from the contract if the defect is not material;
   2. request the replacement of the product with a defect-free product or request the removal of the defect. The seller is then obliged to replace the defective product with a defect-free product or to remove the defect. This must be done within a reasonable time and without undue inconvenience to the customer, subject to and in accordance with the relevant provisions of the Civil Code.
6. The customer may request that the defect-free product be delivered instead of the remedy proposed by the seller, or that the defect be remedied instead of the product being replaced, unless the customer’s desired course of action would entail excessive costs compared to the course of action proposed by the seller. When assessing the excessiveness of costs, the value of the defect-free product in question, as well as the inconvenience the customer might have to endure in order to bring the product into conformity with the contract, are taken into account.
7. The store is only liable for non-conformity of the goods with the contract if the non-conformity is discovered within two years of delivery of the goods to the customer. The right to remedy the defect or to replace the product with a defect-free product expires two years from the date of delivery of the purchased goods.
8. Warranty claims can be submitted by the customer, for example, in writing to: DANZZ Sp. z o.o., ul. Techniczna 19, 37-600 Lubaczów (Poland), e-mail: info@danzz.
9. The seller undertakes to examine any complaint within 14 days.

IX. Liability

1. DANZZ’s liability is excluded, except for liability for damages due to the breach of contractual obligations that are indispensable for achieving the purpose of the contract (cardinal obligations), due to defective products under the Product Liability Act, due to injury to life, body or health that is based on a negligent breach of duty by DANZZ or an intentional or negligent breach of duty by a legal representative or vicarious agent of DANZZ, and for other damages that are based on a grossly negligent breach of duty by DANZZ or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of DANZZ.

X. Force Majeure

1. The parties shall not be liable if they are unable to fulfill their obligations at all or only partially due to an unforeseen event or an event deemed to be force majeure; this includes, but is not limited to: floods, fire, severe weather, raw material shortages, transport strikes, partial or total strikes, or lockouts. The party affected by such events must notify the other party immediately, but no later than five (5) working days after the occurrence of the event.
2. The parties agree to discuss as soon as possible how the order should be processed while the force majeure continues.

XI. Alternative dispute resolution

1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
2. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
3. The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
4. We would like to point out that according to Regulation (EU) 2024/3228 of the European Parliament and of the Council of 19 December 2024, the possibility of submitting complaints via the online dispute resolution (ODR) system will end on 20 March 2025 and the ODR platform will be shut down by 20 July 2025.
5. Reporting illegal content:
   Anyone can report content they consider illegal by email to info@danzz.de. Upon receipt of the report, the Seller undertakes to review it within 14 calendar days and to inform the reporter(s) of the decision. In the event of a rejection of the report, the Seller enables the filing of a reasoned complaint against the decision.

XII. Final provisions

1. The website and all its contents (including graphics, editorial content, documents, and descriptions of products and services) are the intellectual property of DANZZ and/or third parties. The website and its contents are protected by intellectual property rights in accordance with applicable laws. Only the viewing of the website and its subpages, as well as printing on paper for the customer’s personal use, is permitted. The total or partial reproduction of the database or its contents for purposes other than purely personal use by the customer is prohibited.
2. All legal transactions or other legal relationships with us are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their incorporation into German law, do not apply. For contracts with consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
3. If you are a merchant within the meaning of the German Commercial Code (HGB), 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 you and us is our place of business.
4. Changes and additions to the General Terms and Conditions must be made in writing to be effective.

23.01.2024