1. validity

The business relationship between Ambivalenz Malte Grieb GbR (hereinafter referred to as Ambivalenz) and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Ambivalenz shall not recognize any deviating terms and conditions of the customer unless Ambivalenz has expressly agreed to their validity in writing.

2. conclusion of contract

The goods shown on the Ambivalenz website and in catalogs and brochures do not constitute binding offers. The contract shall not be concluded until the customer has submitted an offer by sending the order and Ambivalenz has accepted this by sending a declaration of acceptance by e-mail.

3. reservation of right of amendment

3.1 The delivered products may differ slightly from the illustration on the website or in the catalog. This applies in particular to deviations in the wood grain, surfaces and textiles, as well as color deviations.

3.2 Furthermore, we reserve the right to deviate from dimensional data that is customary in the trade and reasonable for the customer.

4. assembly

4.1 If the Seller has concerns about the suitability of the walls for the installation of the furnishings to be hung, he must inform the Buyer of this before installation.

4.2 The Seller’s employees are not authorized to carry out work that goes beyond the Seller’s contractual performance obligations. If such work is nevertheless carried out by the Seller’s employees at the request of the Buyer, this shall not affect the contractual relationship between the Seller and the Buyer.

5. delivery period

5.1 Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. You will find information on the availability of the products (e.g. on the respective product detail page). However, we would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not constitute binding or guaranteed shipping or delivery dates, unless a binding date is expressly stated in the shipping options for the respective product.

The shipping costs indicated for the products refer to shipping within Germany. For deliveries outside the EU, please send an e-mail request to mail@ambivalenz.org.

5.2 If Ambivalenz discovers during the processing of your order that the products you have ordered are not available, you will be informed separately by e-mail. If Ambivalenz.de is unable to deliver the ordered goods through no fault of its own because Ambivalenz’s supplier fails to meet its contractual obligations, Ambivalenz shall be entitled to withdraw from the contract with the customer. In this case, the customer shall be informed immediately that the ordered product is not available. The customer’s statutory claims shall remain unaffected.

5.3 If delivery to the customer is not possible because the delivered goods do not fit through the customer’s front door, front door or staircase or because the customer is not found at the delivery address specified by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.

5.4 If the Seller is unable to meet any agreed delivery deadline, the Customer shall grant a reasonable grace period for delivery – starting from the date of receipt of the written notice of default by the Customer or, in the case of a delivery deadline specified by calendar, upon its expiry. If the seller does not deliver by the end of the additional delivery period set, the customer may withdraw from the contract.

5.5 Disruptions in the Seller’s business operations or those of the Seller’s suppliers for which the Seller is not responsible, in particular work stoppages and lawful lockouts as well as cases of force majeure due to an unforeseeable event for which the Seller is not responsible, shall extend the delivery period accordingly. The customer shall only be entitled to withdraw from the contract if, in such cases, he sends a written reminder for delivery after the agreed delivery period has expired and the delivery is not made within a reasonable grace period to be set after receipt of the customer’s reminder by the seller to the customer. In the case of a delivery period determined by calendar, the grace period to be set shall commence upon its expiry.

5.6 The statutory provisions on compensation in lieu of performance shall remain unaffected.

6. reservation of title

6.1 The goods shall remain the property of the Seller until all obligations arising from this contractual relationship have been fulfilled in full.

6.2 The customer undertakes to safeguard the seller’s title accordingly even if the delivered goods are not intended directly for the customer but for third parties, and must expressly inform the recipient of this retention of title.

6.3 The Seller must be notified immediately in writing of any change of location and any intervention by third parties, in particular seizures; in the case of seizures, the seizure protocol must be enclosed.

6.4 In the event of non-compliance with the Customer’s obligations set out in Clauses 5.2 and 5.3, the Seller shall be entitled to withdraw from the contract and demand the return of the goods.

7. default of acceptance

7.1 If the customer remains silent or expressly refuses payment and/or acceptance after the expiry of a reasonable grace period to be set in writing under threat of withdrawing from the contract or claiming damages in lieu of performance after the fruitless expiry of the grace period, the seller’s claim to fulfillment of the contract shall remain in force. Instead, he may withdraw from the contract and/or demand compensation instead of performance in accordance with Clause 7.4.

7.2 If the customer’s delay lasts longer than one month, the customer must pay any storage costs incurred.

7.3 The Seller may also use a forwarding agent for storage.

7.4 The Seller may demand the purchase price without deductions as compensation in lieu of performance in the event of default by the Customer pursuant to Section 7.1, unless the Customer proves that no damage was incurred at all or not in the amount of the lump sum.

7.5 In the event of particularly high damages, e.g. in the case of custom-made products, the Seller reserves the right to claim proven higher damages instead of the lump-sum compensation in Clause 7.1.

8. resignation

8.1 The Seller need not deliver if the manufacturer has discontinued production of the ordered goods or in cases of force majeure, provided that these circumstances only occurred 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 furthermore proves that it has endeavored in vain to procure similar goods. The Seller shall notify the Customer of the aforementioned circumstances and reimburse the Customer for any payments made.

8.2 The seller shall be entitled to withdraw from the contract if the customer has provided incorrect information about the facts essential to his creditworthiness, which could justifiably jeopardize the seller’s claim to performance. The same applies if the customer suspends payments due to objective insolvency or if insolvency proceedings have been applied for against his assets. The following applies to the return of goods. Clause 9.

9. return of goods

9.1 In the event of withdrawal and the return of delivered goods, the Seller shall be entitled to compensation for expenses, transfer for use and reduction in value as follows:

9.2 For expenses incurred as a result of the contract, such as transportation and assembly costs, etc. compensation in the amount incurred.

9.3 The following lump-sum rates shall apply for depreciation in value and transfer for use of the delivered goods, unless a consumer credit transaction is involved:

For furniture, with the exception of upholstered goods in the event of withdrawal and return after delivery:

i. d. 1. Hj. 30 % of the purchase price without deductions
i. d. 2. Hj. 50 % of the purchase price without deductions
i. d. 3. Hj. 65 % of the purchase price without deductions
i. d. 4. Hj. 80 % of the purchase price without deductions
thereafter: 100 % of the purchase price without deductions.

For upholstered goods, the reduction in value in the event of withdrawal and return after delivery is as follows

50% of the purchase price without deductions in the first half year
75% of the purchase price without deductions in the second half year
Thereafter: 100% of the purchase price without deductions.

In contrast to our lump-sum claims, the customer is free to prove that the seller has suffered no loss or only a lesser loss.

9.4 Clauses 1. and 2. do not apply to the rescission of the contract as a result of effective withdrawal after unsuccessful subsequent performance and to cases of withdrawal and the associated unrestricted right of return of the customer in consumer contracts in accordance with §§ 355 ff. BGB.

10. warranty

10.1 The customer shall initially have the right to subsequent performance to remedy a defect.

10.2 With regard to subsequent performance, the seller has the right to choose between rectification and subsequent delivery.

10.3 The customer may withdraw from the contract or demand a reduction in the purchase price if subsequent performance has failed or has not been provided within a reasonable period or has been definitively refused by the seller.

10.4 If the customer chooses to withdraw from the contract in accordance with Clause 3, he must return the defective goods and pay compensation for the value of the benefits derived. The determination of value shall be based on the pro rata linear reduction in value in comparison between the actual period of use and the expected total period of use.

10.5 The warranty does not extend to damage for which the customer is responsible, such as damage caused by natural wear and tear, moisture, excessive heating of rooms, intensive exposure to sunlight or artificial light, other temperature or weather influences, excessive strain or other improper handling.

11. liability

11.1 If subsequent performance has been effected by means of a replacement delivery, the customer shall be obliged to return the goods first delivered to Ambivalenz within 30 days at Ambivalenz’s expense. The defective goods must be returned in accordance with the statutory provisions. Ambivalenz reserves the right to claim damages under the statutory conditions.

11.2 Ambivalenz shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, Ambivalenz shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, Ambivalenz shall only be liable for foreseeable damage typical of the contract. Ambivalenz shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

11.3 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Furthermore, liability under the Product Liability Act remains unaffected.

11.4 Insofar as the liability of Ambivalenz is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

12. offsetting, retention

The customer shall only have a right of set-off if his counterclaims have been legally established or are undisputed by Ambivalenz. In addition, the customer shall only be authorized to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

13. distance contracts

13.1 In the case of purchase contracts concluded using means of distance communication (e.g. telephone or Internet), the following paragraphs 2 – 6 apply to customers who place the order as consumers.

13.2 The customer may revoke the purchase contract within a period of two weeks without giving reasons by declaration in text form (e.g. letter, fax or e-mail). If the goods have been handed over to the customer before the deadline expires, the revocation can also be declared by returning the goods.

13.3 The revocation period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before Ambivalenz has fulfilled the information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and its obligations pursuant to § 312g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

13.4 The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be sent to:

AMBIVALENZ – Malte Grieb
Senefelder Straße 9
10437 Berlin

Fax number: +49 3212 130 94 08
E-mail address: mail@ambivalenz.org

13.5 In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. However, the shipping costs shall not be reimbursed. If the customer is unable to return or surrender to Ambivalenz the service received and any benefits (e.g. benefits of use), or is only able to do so in part or in a deteriorated condition, the customer must compensate Ambivalenz for the loss in value. The customer shall only be required to compensate Ambivalenz for the deterioration of the item and for any use made of it if the use or deterioration is attributable to handling of the item that goes beyond testing its properties and functionality. Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Items that can be sent by parcel post are to be returned at the expense and risk of Ambivalenz. Items that cannot be sent by parcel post will be collected from the customer. Obligations to refund payments must be fulfilled within 30 days. The period shall commence for the customer upon dispatch of the declaration of revocation or the item, and for Ambivalenz upon receipt thereof.

13.6 Otherwise, the provisions of Sections 312 b to 312 f BGB (distance selling contracts) remain unaffected.

14. data protection

14.1 Ambivalenz only stores anonymized access data without personal reference, such as the name of the Internet service provider, the page from which the customer visits Ambivalenz or the name of the requested file. Cookies can be used to collect data, but these also collect and store the data exclusively in anonymous or pseudonymous form and do not allow any conclusions to be drawn about the person of the user.

14.2 Ambivalenz only collects personal data if the customer voluntarily provides it to Ambivalenz in the course of the ordering process, when opening a customer account or when registering for our newsletter. Ambivalenz uses the data collected exclusively to process the contract. Once the contract has been fully processed, the customer’s data will be blocked and deleted after expiry of the tax and commercial law regulations, unless the customer has expressly agreed to any further use of the data. If the customer registers for our monthly newsletter with their email address, we will use their email address for our own advertising purposes until they unsubscribe from the newsletter.

14.3 The Ambivalenz websites are protected by technical measures against damage, destruction and unauthorized access.

14.4 The customer shall receive information about his data stored by us free of charge at any time without giving reasons. They can block, correct or delete their data collected by us at any time or revoke the consent given to us for data collection and use without giving reasons. To do so, please contact mail@ambivalenz.org.

15 Place of jurisdiction and place of performance

If the customer has no general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is brought, the place of performance and jurisdiction shall be the seller’s head office.

16. entrepreneurs

If the customer is an entrepreneur within the meaning of § 14 BGB, the following provisions shall also apply:

16.1 Warranty claims in accordance with the German Civil Code (BGB) and pursuant to Section 10 of these Terms and Conditions shall become time-barred one (1) year after delivery of the item.

16.2 The law of the Federal Republic of Germany shall apply. The place of jurisdiction for disputes in connection with contracts to which these terms and conditions apply is Berlin, Germany.

16.3 With regard to the right of revocation in accordance with No. 13, the following applies: There is no general right of revocation or return for commercial customers. As a gesture of goodwill, we give commercial customers the option of returning goods within 14 days (with the exception of special orders and custom-made products). The shipping costs will not be refunded. The return shipment is at the expense and risk of the commercial customer.

17. online dispute resolution

EU Regulation 524/2013 has been in force since January 9, 2016. The aim of this regulation is to enable consumers and entrepreneurs to resolve disputes relating to an online purchase contract or an online service contract online. The ODR platform was set up by the EU Commission for this purpose and can be accessed via the following link:
http://ec.europa.eu/consumers/odr/

Status: February 2016