GENERAL TERMS AND CONDITIONS OF
Welcome to Haus der Manufakturen (HdM)
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Be U. Haus der Manufakturen (hereinafter “Provider”) to you, in the version valid at the time of the order. For better distinction, the areas of application are between Private customers and business customers marked as follows: private customers (PK), business customers (GK)
(2) Differing terms and conditions of the customer will be rejected.
(3) Please read these conditions carefully before placing an order with Be U. Haus der Manufakturen. By placing an order with Be U. Haus der Manufakturen, you agree to the application of these General Terms and Conditions to your order.
(4) At Haus der Manufakturen (HdM) we offer the sale of the following products:
In the Haus der Manufakturen, products in the food and non-food sectors are offered, both online and offline in the corresponding shops.
(5) At Haus der Manufakturen (HdM) we offer you the following services:
We offer trading partners the opportunity to sell goods directly to end customers in the name and on behalf of the partners. Sales are carried out by HdM’s own staff.
§ 2 Conclusion of the contract (PK, GK)
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with an invoice and delivery address in:
Germany, Austria, Switzerland.
For individual bulky items, the possible delivery addresses and delivery location may be limited; the restriction is stated in the respective list price.
(3) The customer must be 18 years of age or older.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is simply invited to make an offer.
(5) Your order represents an offer to Haus der Manufakturen (HdM) to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information required there and in the last ordering step clicks the “” button. “Order with payment” click.
(6) The purchase contract between the provider and the customer is only concluded through a declaration of acceptance by the provider. This takes place on the earlier of the two dates, either by sending the goods or by sending a shipping confirmation by email. Please note that confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.
(7) The effectiveness of contracts for quantities larger than normal household quantities as well as the commercial resale of the purchased item requires express confirmation from the provider. This applies both to the number of products ordered within one order and to placing multiple orders for the same product, where the individual orders contain a standard household quantity.
(8) Your orders will be saved by us after the contract has been concluded. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order details.
(9) Access to the Haus der Manufakturen (HdM) service requires registration.
(10) By registering, the customer accepts these General Terms and Conditions. When you register, a contractual relationship arises between Haus der Manufakturen (HdM) and the registered customer, which is governed by the provisions of these General Terms and Conditions.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is simply invited to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with Haus der Manufakturen (HdM), separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective paid service and the payment conditions. The contractual relationship is created when the customer confirms the order and payment obligation by clicking on the “order with obligation to pay” button.
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. For more information about electronic invoices, visit our website.
§ 3 Description of the scope of services (PK, GK)
The scope of services provided by Haus der Manufakturen (HdM) consists of the following services:
In the private customer and business customer segment: exhibition of goods, sale of goods, presentation of goods,
In the business customer and commission segment: support of commission partners, storage of goods, implementation of marketing measures
§ 4 Prices and shipping costs (PK)
(1) Our prices include the applicable statutory VAT and include a flat rate for shipping and a shipping surcharge. The shipping surcharges vary depending on the delivery method and the nature of the item.
(2) Despite our best efforts, a small number of the products in our catalog may be mispriced. We verify prices when we process your order and before charging payment. If a product is mispriced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you would like to purchase the product at the correct price or cancel the order . If a product’s correct price is lower than our stated price, we will charge the lower amount and ship the product to you.
(3) The prices at the time of the order apply. If list prices are available, the list prices valid at the time of the order apply.
(4) To use Haus der Manufakturen (HdM), you must first register.
(5) In order to be able to purchase the services of the website, the user must register and create a user account. To purchase the goods in the store, the provider can simply pay for both the goods and services at the checkout.
(6) If the user would like to use a paid service, he or she will be informed in advance of the cost. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(7) The provider reserves the right to calculate different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
(8) All services within the scope of B2B relationships regarding shipping and non-contractual communication are charged every 15 minutes at a rate of €15.00 net plus statutory >VAT.
§ 5 Delivery and cancellation (PK)
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by Haus der Manufakturen (HdM) (e.g. on the respective product detail page). We would like to point out that all information regarding the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.
(2) If Haus der Manufakturen (HdM) discovers that the products you ordered are not available while processing your order, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer’s entrance door, front door or staircase or because the customer cannot be found at the delivery address specified by him, even though the delivery time is reasonable for the customer If the deadline has been announced, the purchaser will bear the costs for the unsuccessful delivery.
(4) Delivery depends on the customer’s payment method. In the case of advance payment, delivery takes place after the payment order has been issued to the transferring credit institution. If you pay by Paypal, credit card, gift card, direct debit, instant transfer or invoice, delivery will take place after the contract is concluded.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Be U. Haus der Manufakturen. Regardless of your right of cancellation, you can cancel your order for a product free of charge at any time before you receive the associated shipping confirmation. If the goods are sold on site, the general legal provisions apply
§ 6 Terms of Payment (PK)
(1) Any applicable fee must be paid to Haus der Manufakturen (HdM) in advance, at the time it is due, without deduction. Alternatively, in the store directly at the checkout
(2) By registering, providing the information necessary for the payment process and using the paid service, the user authorizes the operator to collect the corresponding amount.
(3) A paid service is automatically extended for the period booked (subscription) unless it is canceled by telephone, email or letter.
(4) The subscription will be collected at the following time: On the first working day of the month.
(5) The customer can pay for the goods or services using the following payment methods:
– Credit card
– Direct debit:
In the event of a return direct debit for which the purchaser is responsible, Be U. Haus der Manufakturen charges a flat-rate compensation of €8 (eight euros). The customer can prove that no damage occurred at all or that it was significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods sold by third-party providers.
– On Bill
Payment by invoice is only possible for consumers aged 18 and over. For payment by invoice, the buyer agrees that an online credit check will be carried out. HdM reserves the right to refuse payment on account. The delivery address, house address and billing address must be identical and be in the following countries:
Germany, Austria, Switzerland
Payment by invoice is not possible for services that are transmitted online (e.g. software for download) or for the purchase of gift cards. The amount invoiced become due within receiving the bill. Be U. Haus der Manufakturen reserves the right not to offer certain payment methods in individual cases.
When paying by invoice, a one-off fee of €1 (one euro) including the applicable VAT per delivery will be charged in addition to any shipping costs that may apply for complete shipping. The customer will always be informed separately before the contract is concluded whether this fee applies.
If the invoice amount is not paid by the due date for reasons for which the purchaser is responsible, Be U. Haus der Manufakturen will charge a flat-rate compensation of €10 (ten euros). The customer can prove that no damage occurred at all or that it was significantly lower than the flat rate.
When paying on account or in other cases where there is a legitimate reason, Haus der Manufakturen (HdM) checks and evaluates the customer’s data.
– Payment in advance
(6) Certain payment methods can be excluded by the provider in individual cases.
(7) The customer is not permitted to pay for the goods or services by sending cash or checks.
(8) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(9) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider’s account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(10) If the provider offers payment by credit card and the customer chooses this payment method, he expressly authorizes the provider to collect the amounts due.
(11) If the provider offers payment by direct debit and the customer chooses this payment method, the customer issues the provider a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or incorrect bank details, the customer must bear the costs.
(12) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of any cash discount.
(13) If the customer defaults on payment, the provider reserves the right to claim damages due to the delay.
(14) GK A contract is drawn up between HdM and GK in the form of an order confirmation from HdM. The order confirmation automatically converts into a contract if the GK does not object to the order confirmation within one week.
A distinction is made between two payment methods:
a) The basic costs as fixed costs are calculated quarterly in advance. In the business area, in contrast to the PK area, all figures are net plus the applicable VAT from Germany. If the customer defaults on payment, the provider reserves the right to claim damages due to the delay.
b) Billings. HdM’s invoices to the PK are made monthly in accordance with this order confirmation.
§ 7 Registration and termination (PK)
(1) The customer further declares that he and, to his knowledge, no member of his household have a criminal record for an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or because of theft and embezzlement ( §§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.
(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is entitled, subject to reservation, to unsubscribe in writing by post, email or telephone at any time without giving a reason. At the same time, you have the option of deactivating it completely and yourself within the data and settings in the user account. The previously concluded contractual relationship is thus ended.
(4) If a user has registered for a paid service, he or she can cancel at least 42 days before the booking period. If this deadline is not met, the paid service will be extended by this amount depending on the booking time selected and the termination will only become effective at the end of the subsequent booking period. Cancellation is possible by telephone, email or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the customer’s full name, email address and address should be provided. In the case of cancellation by telephone, the individual telephone password is required.
(5) Haus der Manufakturen (HdM) can terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Haus der Manufakturen (HdM) further reserves the right to remove profiles and/or any content published on the website by or by the user. If Haus der Manufakturen (HdM) terminates the user’s registration and/or removes the user’s profiles or published content, Haus der Manufakturen (HdM) has no obligation to inform the user about the reason for termination or removal.
(6) Following any termination of any individual use of the Haus der Manufakturen (HdM) services, Haus der Manufakturen (HdM) reserves the right to pass on information about this to other registered users with whom Haus der Manufakturen (HdM) accepts that they were in contact with the user. Haus der Manufakturen (HdM)’s decision to terminate the user’s registration and/or to notify additional users with Haus der Manufakturen (HdM) assumes that the user has been in contact does not imply or in any way state that Haus der Manufakturen (HdM). Manufactories (HdM) make statements about individual character, general reputation, personal characteristics and lifestyle.
(7) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such information may result in civil legal action. In such a case, the operator also reserves the right to terminate the existing contractual relationship with immediate effect.
(8) If a user’s access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining contract term in the amount of the agreed fee less the saved expenses. The amount of expenses saved is set at a flat rate of 10% of the salary. Both contracting parties are free to prove that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all user data will be deleted by Haus der Manufakturen (HdM).
§ 8 Limitation of Liability (Services) (PK)
(1) Haus der Manufakturen (HdM) assumes no responsibility for the content and accuracy of the information in the registration and profile data of the purchasers or other content generated by the purchasers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective purchasers involved. Therefore, Haus der Manufakturen (HdM) is not liable for services provided by participating customers. Accordingly, all matters relating to the relationship between the purchasers, including, without exception, the services received by a seeker or payments due to the purchaser, should be addressed directly to the respective party. Haus der Manufakturen (HdM) cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind, including demands, services, direct or indirect damage of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in whatever kind whatever in connection with the matters mentioned.
(3) Be U. Haus der Manufakturen is only liable for damages resulting from injury to life, body or health if they are due to an intentional or negligent breach of duty by Be U. Haus der Manufakturen or an intentional or negligent breach of duty by a legal representative or vicarious agents of Be U. Haus der Manufakturen.
(4) Be U. Haus der Manufakuren Europe is only liable for other damages, unless they are based on the violation of cardinal obligations (those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely). , if they are based on an intentional or grossly negligent breach of duty by Be U. Haus der Manufakturen or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Be U. Haus der Manufakturen.
(5) Claims for damages are limited to foreseeable, contract-typical damage. In the event of delay, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, body or health or freedom expire after 30 years; otherwise after 1 year, whereby the statute of limitations expires at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (§ 199 Para. 1 BGB) .
(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.
§ 9 Offsetting and right of retention (PK, GK)
(1) The customer only has the right to offset if the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 10 Retention of title (PK, GK)
Be U. Haus der Manufakturen reserves ownership of the goods until full payment has been made. The same applies in return for the sale of goods in the name and on behalf of the GK. Here the ownership rights remain with the GK.
§ 11 Transport damage (PK, GK)
(1) (PK) If the customer receives the goods with obvious transport damage, the provider requests that he complain about this as quickly as possible. (GK) If HdM receives the goods with obvious transport damage, the GK asks him to complain about this as quickly as possible
(2) If the customer fails to file a complaint, this will have no consequences for the statutory warranty rights. The purpose of the complaint is for the provider to be able to assert its own claims against the carrier.
§ 12 Defects Law (PK)
(1) If the customer is a consumer, the warranty and liability for defects of the purchased item delivered is based on the legal regulations: Accordingly, customers in the European Union have warranty rights for a period of two years from delivery of the goods in addition to their 30-day return guarantee and may request repair or replacement of products purchased on Haus der Manufakturen (HdM) if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new fulfillment.
(4) If the customer is not a consumer, the limitation period is one year. This does not apply to claims for damages and reimbursement of expenses that are asserted for compensation for damage to body and health or due to intent or gross negligence.
§ 13 Limitation of liability (products) (PK, GK)
(1) The provider is liable for claims for damages from the customer resulting from injury to life, body, health or from the violation of essential contractual obligations, as well as for other damages that are due to their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
(3) The provider is liable for violations of essential contractual obligations that are based on foreseeable damage typical of the contract, provided that the damage was caused simply by negligence. This limitation does not apply to the customer’s claims for damages based on injury to life, body or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) If the liability of Haus der Manufakturen (HdM) is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
(6) For sales in the name and on behalf of third parties, HdM assumes no liability for the products. All liability lies with the original seller. In the event that products are not sold, the supplier will cover the costs of packaging and return shipping upon termination of the contracts. Alternatively, the GK can also collect the products themselves at any time. HdM assumes no liability for theft of products sold in the name and on behalf of third parties.
§ 14 Cancellation Policy (PK)
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier receives the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of one If you have taken possession of the goods in several partial shipments or pieces, you can revoke your consent without giving reasons.
The cancellation period for services is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must contact us:
Be U. House of Manufactories
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form on our website or send us another clear declaration. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired and that you have returned the goods via our online returns center within the deadline defined below.
For additional information regarding the scope, content and explanations on how to exercise, please contact our customer service.
(3) Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You will receive the goods immediately and in any case no later than 14 days from the day on which you notify us of your cancellation of this contract
be U. House of Manufactories
Wide street 80-90
to return or hand over. The deadline is met if you send the goods before the deadline of 14 days has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods that are not suitable for return for health protection or hygiene reasons and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
- to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- to supply goods that are manufactured to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
- For services, if Haus der Manufakturen (HdM) has provided them in full and you have acknowledged and expressly agreed before placing the order that we can begin providing the service and you will lose your right of cancellation if the contract has been fully fulfilled;
- for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
- for the delivery of alcoholic beverages, the price of which was agreed upon when concluding the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 15 Exclusion of the right of withdrawal (PK)
(1) The right of withdrawal does not apply to contracts
- to supply 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;
- for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
(2) The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery;
- for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
- to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 16 Data protection (PK, GK)
(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data over the Internet (e.g. via email) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.
(3) Third parties are not entitled to use contact details for commercial activities unless the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive complete and free information from Haus der Manufakturen (HdM) about the data relating to you.
(5) The user also has the right to correct/delete data/restrict processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 17 Cookies (PK)
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; there is a banner available to you that you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. Instructions regarding preventing and deleting cookies can be found in the help function of your browser or software manufacturer.
§ 18 Place of jurisdiction and applicable law (PK, GK)
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 19 Final provisions (PK, GK)
(1) The contract language is German.
(2) We also offer products or services for purchase by minors. If you are under 18, you may only use Haus der Manufakturen (HdM) with the involvement of a parent or legal guardian. When purchasing in stores, the legal regulations for on-site sales apply.
(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and conditions including these General Terms and Conditions at any time. The conditions of sale, contractual conditions and general terms and conditions in force at the time of your order will apply to your order, unless a change to these conditions is required by law or by official order (in which case they will also apply to orders which you have previously made). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this case occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
(6) GK For all legal disputes arising from this contract, if the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Cologne. b) The parties agree to appeal to an arbitration court in the event of a dispute before filing a lawsuit.