AGB

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Defects Liability (Warranty)& &Liability
8. Special Conditions for Assembly/Installation Services&
9. Redemption of Promotional Vouchers&
Redemption of Gift Vouchers
10. &Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of Variand Furniture GmbH (hereinafter referred to as „Seller&), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as „Customer“) concludes with the Seller regarding the goods presented by the Seller in his onlineShop . The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise stipulated.

1.3 A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the course of concluding a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer üsing the online order form integrated into the seller's onlineShop store. In doing so, the customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer via email to the &seller.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email) &where the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, where the receipt of the goods by the customer is decisive, or
• by requesting the customer to make payment after placing their order.

If multiple of the aforementioned alternatives are present, the contract is concluded at the moment when one of the aforementioned alternatives occurs first.The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent. 2.4 If a payment method offered by PayPal is selected, the 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 (hereinafter referred to as “PayPal“), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not &have a PayPal account &– subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When selecting the payment method &“Amazon Payments" the payment processing &is carried out by the payment service providerwall rail Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as &“Amazon“), in accordance with the Amazon Payments Europe Terms of Use, which can be viewed at https://pay.amazon.de/help/201751590. If the customer selects &“Amazon Payments“ as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the order process. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the order process.

2.6 When submitting an offer ü via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the submission of their order. There is no further accessibility of the contract text provided by the seller. If the customer has set up a user account on the seller's onlineShop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer ü through their password-protected user account by providing the corresponding login details free of charge.

2.7 Before the binding submission of the order üvia the online order form of the seller, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which allows the display on the screen to be enlarged. The customer can correct his entries within the electronic ordering process as long as he uses the üusual keyboard and mouse functions until he clicks the button that completes the ordering process.ßt.

2.8 For the conclusion of the contract, different languages are available. The specific language selection is displayed in the online-Shop.

2.9 Order processing and contact usually take place via email and automated order processing. 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, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which must be borne by the customer. This includes, for example, costs for money transfers by financial institutions (e.g. transfer fees, exchange rate fees) or customs duties and taxes (e.g. tariffs). Such costs may also arise in relation to money transfers even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option/s will be communicated to the customer in the onlineShop of the seller.

4.4 When selecting a payment method offered through the payment service “PayPal”, the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment servicewall rail providers. If the seller offers payment methods via PayPal where he advances payment to the customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment servicewall rail provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal orThe payment service provider commissioned by PayPal performs a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only discharge his debt to PayPal or the payment service provider commissioned by PayPal. However, the seller remains responsible for general customer inquiries, such as regarding the goods, delivery time, shipping, returns, complaints, revocation declarations, and credits, even in the case of the assignment of claims.5 When selecting a payment method offered via the payment service "Shopify Payments", the payment processing is carried out by the payment service providerwall railStripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the onlineShop of the seller. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer will be separately informed if necessary. Further information about "Shopify Payments" can be accessed online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the execution of the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions made in the seller's withdrawal information apply in the case of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods fundamentally only passes upon delivery of the goods to the customer or an authorized recipient über.Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer. 5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improperly executed self-supply.This applies only in the event that the non-delivery is not the fault of the seller and that the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay. 5.5 Self-collection is not possible for logistical reasons.6 Vouchers will be provided to the customer as follows:

- via email

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price has been made.

7) Defect liability (Warranty)

Unless otherwise stated in the following provisions, the regulations of the statutory defect liability apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for warranty rights is one year from the delivery of the goods;
• for used goods, warranty rights are excluded;
• the limitation period does not restart if a replacement delivery occurs within the scope of liability for defects.

7.2 The liability limitations and deadlines regulated above do not apply

• f&or claims for damages and reimbursement of expenses by the customer,
• f&or in the event that the seller has fraudulently concealed the defect,
• f&or for goods that have been used in accordance with their &usual manner of use for a construction project and have caused its defects,
• f&or for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods apply for any possibleexisting statutory right of recourse shall remain unaffected.

7.4 If the customer acts as a consumer, they are requested to report any obvious transport damages of delivered goods to the carrier and to inform the seller. If the customer fails to do so, this will have no impact on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1& The seller is liable without limitation for any legal reason&.

• in cases of intent or gross negligence,&
in cases of intentional or negligent injury to life, body, or health,& based on a guarantee promise, unless otherwise stipulated in this regard,& based on mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage, unless otherwise stipulated in the preceding clause.&Essential contractual obligations are duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer can regularly rely. 8.3 Furthermore, liability of the seller is excluded. 8.4 The above liability provisions also apply with regard to the liability of the seller for his vicarious agents and legal representatives. 9) Special conditions for assembly/installation services If the seller is obligated under the content of the contract to provide assembly or installation in addition to the delivery of goods,The installation of the goods at the customer's location as well as any necessary preparatory measures (e.g. measurements) shall be subject to the following provisions:

9.1 The seller provides his services at his discretion either personally or through qualified personnel selected by him. The seller may also engage the services of third parties (subcontractors) who act on his behalf. Unless otherwise specified in the seller's service description, the customer has no right to select a specific person for the execution of the desired service.

9.2 The customer is required to provide the seller with all necessary information for the provision of the owed service completely and truthfully, unless the procurement of such information falls within the seller's obligations according to the content of the contract.

9.3 The seller will contact the customer after the conclusion of the contract to arrange an appointment for the owed service. The customer ensures that the seller or the personnel commissioned by them has access to the relevant facilities of the customer at the agreed appointment.

9.4 The risk of accidental loss and accidental deterioration of the sold goods transfers to the customer only upon completion of the assembly work and the &handover to the customer &.

10) Redemption of promotional vouchers

&10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the onlineShop of the seller and only within the specified period.

10.2& Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is indicated in the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the &remaining payment methods offered by the seller can be chosen to settle the difference.

10.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

10.10 The promotional voucher is &transferable. The seller can discharge its obligation by fulfilling the voucher to the respective holder who redeems the promotional voucher in the onlineShop of the seller. wall rails This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, business incapacity, or the absence of representation authority of the respective holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as &gift vouchers"), can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the expiration date.

11.3 Gift vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.

11.4& Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

&11.6 If the value of the gift 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.

11.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

11.8 The gift voucher is &transferable. The seller can discharge their obligations to the respective holder who redeems the gift voucher in the onlineShop of the seller, wall rails. This does not apply if the seller has knowledge or gross negligence regarding the lack of entitlement, business incapacity, or the absence of representation authority of the respective holder.

12) Applicable Law

F&or all legal relationships of the parties, the law of the Italian Republic shall apply, excluding the laws &on the international sale of movable goods.For consumers, this choice of law applies only insofar as the mandatory provisions of the law of the state in which the consumer has their habitual residence do not deprive them of the protection granted by such provisions. 13) Jurisdiction If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Italian Republic, the exclusive jurisdiction for all disputes arising from this contract shall be the place of business of the seller.If the customer is located outside the territory of the Italian Republic, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the seller is entitled to call upon the court at the customer's location in any case. 14) Alternative Dispute Resolution The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Last updated: 15.10.2025, 03:58:27 Uhr