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Terms and conditions
Status as of 29.08.2024
1. Subject Matter
Our general terms and conditions regulate the legal framework for the use of the website www.delavega.furniture and the contractual relationships concluded via it between the buyer — hereinafter referred to as “Customer” — and the seller, Polev Möbel GmbH, hereinafter referred to as “Polev.” The general terms and conditions as well as the electronic order form can be saved and/or printed by the customer.
2. Conclusion of Contract
a) Offers and presentations on the www.delavega.furniture websites are non-binding.
b) Polev Möbel GmbH will confirm the receipt of the customer’s order electronically. This confirmation does not constitute a contract conclusion.
c) By submitting the shopping cart, the customer places a binding order. The customer is bound to their order for 6 weeks unless Polev rejects the order within this period. The product presentation in the online shop does not constitute a legally binding offer but an invitation to treat (non-binding online catalog). The confirmation of receipt of the order is sent immediately after submitting the order and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation via email or by delivering the goods within 5 days. Orders from abroad are only processed upon request and against prepayment. The contract will be concluded in German and English.
d)For orders to other countries, we calculate the shipping costs individually for you.
e)The order is subject to the availability of the goods. If the goods are unavailable, the customer will be informed immediately, and any payments already made will be refunded. Goods are only delivered in quantities customary for households.
Orders can only be placed by persons of legal age (i.e., 18 years or older).
3. Prices & Payment Methods
1. The currently valid price list applies. All prices are consumer prices, include the statutory VAT, and are subject to additional shipping costs.
2. We offer you the following payment methods:
a) By invoice with a 50% deposit (To secure our credit risk, we must reserve the right, depending on the respective credit rating, to perform the service requested by you only against prepayment. In this case, you can accept this or withdraw from the order).
b) By prepayment (bank transfer) with a 2% discount.
c) PayPal.
d) Credit card.
3. For ordering the measurement and planning service, we offer payment “by bank transfer/prepayment.”
4. Delivery / Retention of Title
1. Unless otherwise agreed, delivery is made from the warehouse to the delivery address specified by the customer.
2. Delivery is made to the place of use. It is necessary to have access, turning, and unloading space for a truck, and the place of use must be accessible with the packages. If delivery cannot be easily made by truck or the place of use is otherwise difficult to access, the customer must inform Polev in advance of any foreseeable obstacles so that measures and additional costs to ensure delivery can be reviewed.
If the customer fails to provide this notice, they are obliged to reimburse the additional costs incurred. For delivery to the 5th floor or higher, an elevator that can accommodate the furniture packages must be available. If these conditions are not met, delivery will be made to the curbside. For island deliveries, delivery can only be made to the curbside.
3. Polev Möbel GmbH will inform about delivery delays immediately.
4. Ownership of the delivered goods transfers to the customer only upon full payment of all claims from the seller against the customer.
5. Polev Möbel GmbH delivers upholstered furniture within 4 to 12 weeks. Delivery times for island deliveries may be longer. The customer must generally set a reasonable deadline before they can withdraw from the contract in case of delayed delivery. This obligation is waived if it is clear that delivery cannot be made even within the extended deadline. The regulation on setting a deadline for the customer applies accordingly.
6. Instead of delivery, self-pickup is also possible.
a) The customer can pick up the product from our warehouse by appointment.
b) Once the product is available in our warehouse, the customer will be notified by Polev via email.
c) After email notification, the product must be picked up by the customer within 5 working days.
d) Any costs associated with self-pickup are borne by the customer. It is the customer’s responsibility to load and transport the product at their own expense and risk.
e) To collect the product, the customer must present valid official photo identification, such as a passport, identity card, or driver’s license.
7. The delivery period is agreed upon individually or specified by us when accepting the order. If this is not the case, the delivery period is approximately 12 weeks from the conclusion of the contract.
8. If we are unable to meet binding delivery deadlines for reasons beyond our control (unavailability of the service), we will inform the customer immediately and at the same time notify them of the expected new delivery period. If the service is still unavailable within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any consideration already provided by the buyer will be refunded immediately. Non-availability of the service exists, for example, in the event of late self-delivery by our supplier if we have concluded a congruent covering transaction, in the event of other disruptions in the supply chain, such as force majeure, or if we are not obligated to procure in individual cases.
5. Right of Withdrawal
a) If the customer purchases both standard-sized items and items with individual selection or determination by the consumer in one order, different return rules apply. It is important to distinguish between the individual items and deliveries.
In the case of standard-sized items and standard upholstery materials, the customer has the right to withdraw from this contract within 14 days without giving any reason. The customer can withdraw their contract declaration in text form (e.g., letter, email) within 14 days without giving any reason. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before fulfilling our information obligations according to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the EGBGB and our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 of the EGBGB. To comply with the withdrawal period, it is sufficient to send the withdrawal in due time. The withdrawal must be addressed to:
b) However, Polev excludes the customer’s right of withdrawal in contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, according to § 312 g Abs. 2 No. 1 BGB.
c) For orders of purely services such as measurement and consultation or installation, the following applies:
Polev Möbel GmbH
Roman Becker
Heugäßchen, 4
90403 Nürnberg
Deutschland
Register Entry:
Contact:
Entry in the Commercial Register
Register Court: Nuremberg District Court
Registration Number: HRB 43227
Mobile: +491787295551
Email: info@delavega.furniture
6. Consequences of Withdrawal
If the customer withdraws from this contract, Polev must refund all payments received from the customer, including delivery costs (with the exception of additional costs arising from the customer’s choice of a delivery method other than the cheapest standard delivery offered by Polev), without delay and no later than 14 days from the day on which Polev received notification of the withdrawal from this contract. For the refund, Polev will use the same payment method that the customer used in the original transaction unless expressly agreed otherwise; in no case will Polev charge any fees for the refund.
The customer must return or hand over the product to one of the following addresses at the customer’s expense within 14 days at the latest from the day the customer notifies Polev of the withdrawal from this contract: Willstätter Str. 30, 90449 Nuremberg.
The deadline is met if the customer sends the product before the 14-day period expires.
If the customer cannot return or partially return the received service and usage (e.g., benefits of use) to Polev or only in a deteriorated condition, the customer must compensate us accordingly. The loss of value due to deterioration is given if the loss in value results from handling the product in a manner that was not necessary to inspect its condition and functionality. The extent of proper inspection is determined by what would be allowed or permitted in a physical store.
This may lead to the customer being required to fulfill the contractual payment obligations for the period up to the withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the sending of the withdrawal declaration, for us upon its receipt.
Special Notes
Your right of withdrawal expires prematurely if the contract has been fully fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of withdrawal instructions.
7. Warranty and Liability
1. Polev provides a 24-month warranty on the furniture (frames and filling materials). For items that Polev acquires through third parties and not manufactured by Polev, Polev provides a 12-month warranty. The statutory limitation period for warranty claims is 2 years.
a) To claim the warranty, the customer must promptly submit a warranty request to the following email address: info@delavega.furniture. The customer must provide the order number and, if applicable, the customer number. Additionally, the customer must describe the issue and attach corresponding images (only in JPG or PNG format).
b) Once Polev has received the request along with images, Polev will likely contact the customer within two working days and attempt to resolve the warranty case.
c) If the product is delivered to the customer with damaged packaging, the customer must accept the product but must adhere to the following for the warranty to apply:
– The customer must record the damage in writing on the delivery note before signing.
– The customer must inform Polev via the email address info@delavega.furniture that the packaging was damaged during delivery. The customer must also state whether the product itself was damaged during transport. The customer can also attach pictures.
– If the customer does not comply with the above requirements, they have no claim to the warranty. The legal provisions on warranty rights remain unaffected.
d) If delivered items show obvious material or manufacturing defects or transport damage, such defects should be reported immediately. However, there is no obligation for the customer to do so, and it is not a prerequisite for asserting claims. Nevertheless, if this is not followed, Polev cannot assert any claims against the carrier. The compliance with the above rule does not affect your statutory rights as a private consumer.
e) Polev does not guarantee that its website will be available and error-free at all times. This applies especially when access is disrupted by circumstances outside of Polev’s control.
f) If a defect in the purchased item attributable to Polev exists, the customer can request rectification (repair or replacement) according to statutory provisions. Polev is obliged to perform the rectification within a reasonable period from the time the customer informs Polev of the defect and without significant inconvenience to the customer. Due to the nature of the products in question and their intended use, Polev is entitled to attempt two repair measures if the first one fails. The customer must generally set a reasonable deadline for rectification. This obligation is waived if Polev remains inactive for an unreasonable period, the rectification has failed, a particularly serious defect exists, rectification has been refused, or it is clear that no further rectification will take place.
g) In addition, Polev assumes no liability for defects or errors due to improper or inappropriate use of the products. In all other cases, liability is excluded unless otherwise stated. Polev is only liable for damages that have occurred to the delivered item itself; in particular, Polev is not liable for lost profits or other financial damages. If the liability of Polev is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents. The above limitations of liability do not apply if there is personal injury or if the customer has claims under §§ 1, 4 of the Product Liability Act.
2.If the customer is a business, the following applies:
a) The burden of proof that a warranty defect already existed at the time of delivery lies with the business customer.
b) Furthermore, referring to § 377 (1) of the German Commercial Code (HGB), in mutual commercial transactions, the reasonable period for notifying defects is set at one week from the delivery of the products.
c) In the event of warranty defects, Polev has the right to choose, in deviation from § 439 (1) BGB, whether to rectify the defect (repair) or deliver a defect-free (replacement) product (exchange).
Wood is a natural product that naturally exhibits irregularities in growth, color, grain, structure, and knots. These characteristics are unique to each piece of furniture and do not constitute a defect, grounds for complaint, or a basis for liability. Variations in grain and knots are intentional and are meant to emphasize the individuality of the wood.
Despite targeted drying and subsequent storage before processing, external influences such as temperature, humidity, and sunlight can cause drying cracks and warping years after processing. Oiled wood may appear uneven. Such deviations are not defects and therefore do not entitle the customer to warranty claims.
Additionally, the customer must observe the “Recommendations for Assembly and Use,” which can be found on the Polev website.
8. Data Protection
1. Polev treats the personal data of customers and users confidentially and only shares this information with third parties if permitted by data protection laws or if the customer consents.
2. Customers can order securely from Polev. Their orders are securely transmitted to us using SSL encryption (Secure Socket Layer technology). This is a well-established and highly secure method of data transmission on the internet, ensuring that data remains 100% secure.
3. Polev points out that customers’ personal data are processed electronically. These data are used solely for the purpose of contract execution unless otherwise agreed. Polev stores the contract text and sends the order details via email. Customers can view the general terms and conditions (AGB) at any time. For security reasons, the customer’s order details are no longer accessible via the internet.
4. When the contract is terminated, the customer’s personal data will be deleted upon the contract’s effective termination unless legal provisions or a separate agreement mandate continued storage.
5. Customers may object to the processing or use of their data for advertising, market, or opinion research purposes at the following address:
Roman Becker
Heugäßchen 4
90403 Nuremberg
Germany
Register Entry:
Contact:
Entry in the Commercial Register
Register Court: Nuremberg District Court
Registration Number: HRB 43227
Mobile: +491787295551
Email: info@delavega.furniture
9. Final Provisions
a) Roman Becker reserves the right to modify the offer and/or these contractual conditions at any time.
b) The law of the Federal Republic of Germany exclusively applies. The application of UN sales law is excluded.
c) The customer is only entitled to offset rights if their counterclaims have been legally established or recognized by Roman Becker. Additionally, the customer may only exercise a right of retention if their counterclaim arises from the same contractual relationship.
d) The place of jurisdiction is Nuremberg, provided the customer is a merchant according to the Commercial Code (HGB), a legal entity under public law, or a special fund under public law. The same applies if the customer does not have a registered office or usual place of residence in the Federal Republic of Germany when the lawsuit is filed.
10. Complaints/Dispute Resolution
Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders without going to court. The dispute resolution platform can be accessed at the following external link: [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/). In this context, we are required to inform you of our email address: info@delavega.furniture
We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Address and Imprint:
Roman Becker
Heugäßchen 4
90403 Nuremberg
Germany
Register Entry:
Contact:
Entry in the Commercial Register
Register Court: Nuremberg District Court
Registration Number: HRB 43227
Mobile: +491787295551
Email: info@delavega.furniture
