I. General Terms and Conditions

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Timber & John GmbH) via thewebsite www.timber-john.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods .

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data and the payment and shipping conditions,will finally display the order data as an order overview. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview. Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order. By sending the order via the corresponding button ("order with costs" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on the types of payment offered

(1) Payment via KlarnaIn cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. In each case, payment is made to Klarna:Invoice: The payment period is 14 days from the date of shipment of the goods/ticket/ or, in the case of other services, the date ofprovision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany, Austria.Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after submitting theorder.Direct Debit: The debit will be made after the goods have been shipped. You will be notified by e-mail.Credit card (Visa/Mastercard): Available in Germany and Austria. The debit takes place after shipment of the goods or tickets / availability of the service or in the case of a subscription according to the communicated times.The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit assessment. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.For more information and Klarna's terms of use, click here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of oursecurities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects andtransport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall not affect your statutory warranty claims.

(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide a warranty by rectifying the defect or making a subsequent delivery, at our discretion. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

c) The warranty period shall be two years from delivery of the goods. The shortening of the period shall not apply- for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence on our part;- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;- in the case of items which have been used for a building in accordance with their customary manner of use and have caused its defectiveness;- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 6 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also invoke the court at another statutory place of jurisdiction shall remain unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. customer information

1. identity of the seller

Timber & John GmbH
Kieselstr. 6
51371 Leverkusen
Germany

Email: info@timber-john.com

Alternative Dispute Resolution:The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. contract agreement, contract text storage
3.1.Contract language is German .

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of theorder by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.

4. codes of conduct
4.1. We have submitted to the Buyer Seal Quality Criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment modalities
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include allprice components including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.

6.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.5 The payment methods available to you are shown under a correspondingly designated button on ourwebsite or in the respective offer.

6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 

7. delivery conditions

7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under acorrespondingly designated button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.If you are an entrepreneur, delivery and shipment shall be at your risk.

8. statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These GTC and customer information have been prepared by the lawyers of the Händlerbund specialized in IT law and are permanently checked for legal conformity by. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.

Last updated: 27.10.2020