Terms of Service and Conditions
§ 1 Validity of these Terms and Conditions vis-à-vis Businesses; Definition of Terms
(1) The General Terms and Conditions set out in the following apply to all shipments of goods between us and a consumer, in the version valid at the time of the order. A consumer is any natural person concluding a legal contract for purposes which are not mainly related to their commercial or independent professional activities (§ 13 BGB = German Civil Code).
§ 2 Conclusion of Contract; Electronic Storage of the Contract Text
(1) The following rules on the conclusion of a contract apply to orders placed via our online shop at www.ensemble-modern.com/en/shop.
(2) If a contract is concluded, the consumer’s contractual partner is:
Ensemble Modern GbR
(3) The presentation of goods in our online shop is not a legally binding contractual offer, but only a non-binding invitation to the consumer to order such goods. By placing an order for such goods, the consumer makes a binding offer to conclude a sales contract.
(4) When the order is received in our online shop, the following rules shall apply: the consumer makes a binding offer to conclude a sales contract by successfully complying with the order procedure of our online shop. The order takes place in the following steps:
- Selection of goods desired
- Confirmation by clicking on the icon “Shopping Cart”
Review of items in shopping cart
- Confirmation by clicking the button “Checkout”
- Login to the online shop after customer registration and input of login data (email address and password)
- Second review and correction, if necessary, of the data entered
- Binding submission of the order by clicking the button “Place order”
After reviewing the order and before submitting a binding order, the consumer may use the browser’s “Back” button to go back to the internet page where the customer’s order was entered and correct any mistakes, or the consumer may terminate the entire order procedure by closing the internet browser. Receipt of the order will be confirmed immediately by an automatically generated email (“Order Confirmation”). This email constitutes our acceptance of your offer.
(5) Storage of contract text in cases of orders via our online shop We will send you the order data and our General Terms and Conditions via email. The General Terms and Conditions are also available at any time at www.ensemble-modern.com. For security reasons, your order is no longer available via internet.
§3 Pricing, Shipping Fees, Payment and Maturity
(1) All prices stated online are inclusive of value added tax (VAT) and other elements of pricing. Shipping costs will be added to each order.
(2) Payments shall be made by the customer via PayPal or wire transfer.
(1) Unless the product description clearly states otherwise, all articles offered in our online shop are immediately available for shipping. Shipments will be made within 5 business days at the latest. In cases of advance payment, the delivery period begins on the day after the consumer’s bank has been instructed to wire the funds; for all other payment options, the period begins on the day following the conclusion of the contract. If the deadline falls on a Saturday, Sunday or legal holiday at the place of delivery, the period shall end on the next business day.
(2) The risk of accidental perishing or accidental impairment or damage of the sold goods is only transferred to the buyer when such goods are delivered to him. This also applies to mail or online order sales.
§ 5 Retention of Title
Delivered goods shall fully remain our property until all receivables have been fully paid.
§ 6 Right of Withdrawal by the Customer as a Consumer
Consumers have a right of withdrawal in accordance with the following regulations; a consumer being any natural person concluding a legal contract for purposes which are not mainly related to their commercial or independent professional activities.
Information on Right of Withdrawal
You may withdraw from this contract in writing within 14 days without identifying any reasons. The period in which this right can be exercised is 14 days from the day you – or a third party named by you who is not the shipping agent – have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. by letter, fax or email) of your decision to rescind the contract, addressed to the following:
Ensemble Modern GbR
Consequences of Withdrawal
In the case of withdrawal, we are obliged to return all payments we have received from you, including shipping costs (with the exception of additional costs resulting from your decision to choose a different form of delivery than the cheapest standard delivery option offered by us), without delay and at the latest within 14 days from the date we receive your notice of withdrawal from this contract. Repayments will use the same means of payment you chose for the original transaction, unless something else has been expressly agreed upon; under no circumstances will you be charged fees for such repayment. We are entitled to refuse to return your payment until we have received the goods you are returning, or until you have delivered proof of shipment for the return of the goods, whichever happens first. You are obliged to send or deliver the goods back to us without delay, at the latest within 14 days from the date on which which you notify us of your decision to rescind the contract. This deadline shall be considered met if you send the goods off before the period of 14 days has expired. You shall bear the immediate shipping costs for the return of the goods.