§ 1 Internet platform
Fabienne Balzer ("HENRYSINTERIORS.com") operates the online shop HENRYSINTERIORS.com on the internet. Among other things, HENRYSINTERIORS.com consists of the website www.HENRYSINTERIORS.com (the "HENRYSINTERIORS.com website") and other contents, which HENRYSINTERIORS.com provides directly on the internet (“services”). The prices shown on the website are final and include VAT and freight costs.
§ 2 Validity of the general terms and conditions
2.1 By declaring your agreement at the time of registration, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as "GTCs"). These GTCs define the conditions under which you may use the services provided by HENRYSINTERIORS.com.
2.2 You can download, save and print these GTCs at any time.
2.3 The contract language is English.
§ 3 Conclusion of contract and reservation of title
The description of products and presentation of goods on the HENRYSINTERIORS.com website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers within the meaning of § 13 of the BGB, i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Only the normal volume required by a household may be ordered. HENRYSINTERIORS.com reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by HENRYSINTERIORS.com, you must take the following steps: Place an article in the basket. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Send your order by pressing the "Place Order" button. By forwarding your online order, you are making HENRYSINTERIORS.com an offer to conclude a legally binding contract. By clicking on the "Place Order" button, you are placing a binding order for the goods in the basket, confirming that you are authorised to place such an order, i.e. minors must have the permission of their legal representatives. Immediately on receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain the property of HENRYSINTERIORS.com until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform HENRYSINTERIORS.com immediately. If, before concluding the contract, HENRYSINTERIORS.com finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, HENRYSINTERIORS.com should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls) by our suppliers (where HENRYSINTERIORS.com is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case HENRYSINTERIORS.com will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you. HENRYSINTERIORS.com is entitled to reject any offers made by you without citing reasons. HENRYSINTERIORS.com particularly reserves the right to reject an offer where: the delivery address is outside the European Union; there are indications that the person ordering the goods is not a consumer; an order exceeds the normal volume required by a household; the payment is not received, even after a reminder has been sent and a payment period stipulated.
§ 4 Use of the HENRYSINTERIORS.com
4.1 HENRYSINTERIORS.com offers the services solely within the framework of the acknowledged state of technology. HENRYSINTERIORS.com may restrict the services where this is required owing to capacity limits, the security or integrity of the server or to carry out technical activities to provide for or to improve existing services (maintenance work). For technical reasons in particular, it may sometimes not be possible to make full use of the services (unforeseen system failures).
4.2 It is prohibited to use the services in a manner that violates statutory obligations, the rights of third parties or public morals. It is furthermore prohibited to make use of the services in a manner that constitutes abuse or that may adversely affect the reputation of HENRYSINTERIORS.com. In particular, it is prohibited to use the services for the following purposes: to carry out and/or promote anti-competitive activities, including progressive customer recruitment (such as chain, pyramid or snowball schemes); to make use of content that is deemed pornographic or that violates youth protection laws or to advertise, offer and/or sell pornographic products or products that violate youth protection laws; to abuse our services by, for example, making use of malware such as "robot-reader", "spider-reader" or "offline-reader"; to use HENRYSINTERIORS.com in a manner that adversely affects the availability of our services to other users; to disseminate offensive, racist or otherwise illegal content or information via our services, including slanderous or libelous content, irrespective of whether this content concerns other users, employees of the company or other persons or companies; to use photos with a defamatory, offensive, racist or otherwise illegal or immoral content; to send out chain letters; to intercept or attempt to intercept messages; to advertise for shopping clubs; to send out messages for any commercial purpose; to make use of our services to threaten or unduly harass other people (especially by sending them spam mail) or to violate the rights of third parties (including their personal rights); to make use of the temporary e-mail addresses of so-called 10-minute mail services; and/or to publish the names, addresses, telephone or fax numbers, e-mail addresses, user names and/or other contact data of messenger services.
4.3 HENRYSINTERIORS.com has checked and uploaded its own content on the HENRYSINTERIORS.com website to the best of its knowledge and belief. HENRYSINTERIORS.com does not generally verify the content published by third parties on the HENRYSINTERIORS.com website. Nor does HENRYSINTERIORS.com generally verify other websites that can be reached by clicking on the HENRYSINTERIORS.com website, thus no responsibility can be taken for the form, accuracy, appropriateness or quality of such content. HENRYSINTERIORS.com will remove or suppress any content uploaded by third parties or refuse to provide links if HENRYSINTERIORS.com should find that there is any indication that the content uploaded or other websites might infringe the law or violate these GTCs.
§ 5 Inviting friends, product and sales campaign recommendations
5.1 Members can invite other friends to visit HENRYSINTERIORS.com on the HENRYSINTERIORS.com website.
5.2 Members undertake to forward newsletters, sales campaigns and product recommendations only to the e-mail addresses of existing, living natural persons who have previously expressed an interest in this regard and who have explicitly consented to receive the corresponding e-mail. In the event of a dispute, a corresponding written statement in this regard will be required.
§ 6 Warranty and liability
6.1 The warranty is governed in principle by the laws of the Federal Republic of Germany. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction.
6.2 HENRYSINTERIORS.com’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. HENRYSINTERIORS.com only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. HENRYSINTERIORS.com only has statutory liability where HENRYSINTERIORS.com is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfilment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. HENRYSINTERIORS.com also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act.
6.3 The aforementioned liability exclusions and limitations with regard to companies or consumers do not apply where HENRYSINTERIORS.com has given explicit guarantees.
§ 7 Disclaimer
The user indemnifies HENRYSINTERIORS.com against all claims by third parties instituted against HENRYSINTERIORS.com for violating their rights or these GTCs, the shop regulations or laws governing the use of HENRYSINTERIORS.com. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor's fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide HENRYSINTERIORS.com with all information that may be required to verify the claims and to defend the case - immediately, truthfully and completely - in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.
§ 8 Copyright and rights of use
The content provided by HENRYSINTERIORS.com is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
§ 9 Concluding conditions
9.1 If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.
9.2 Only the laws of the Federal Republic of Germany will apply, to the exclusion of the UN Convention on the Sale of Goods and any envoi to foreign law. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected.
9.3 If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Germany or in another EU member state, Krefeld (Germany) will be the place of jurisdiction for any disputes arising from this contract.
9.4 With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.