General Terms and Conditions

Status: 28.12.2024

1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Betterwood GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2. These GTC apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2. conclusion of contract
2.1. the product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2. The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail or post.
2.3 The seller can accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
– by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
2.5. When an offer is submitted via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these General Terms and Conditions. In addition, the contract text is archived on the seller’s website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online store before sending his order.
2.6. Before binding submission of the order via the seller’s online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7. Only the German language is available for the conclusion of the contract.
2.8. Orders are generally processed and contact established by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. right of withdrawal
3.1. consumers are generally entitled to a right of withdrawal.
3.2. further information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4. prices and terms of payment
4.1. Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2. Base prices are calculated according to standard market units. The price per square meter for parquet is calculated on the basis of the wear layer visible after installation. The price per square meter for decking boards is calculated including the professional and recommended joint width.
4.3. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.4. various payment options are available to the customer, which are indicated in the seller’s online store.
4.5. if prepayment has been agreed, payment is due immediately after conclusion of the contract.
4.6. if payment is made by means of a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.7 If the payment method purchase on account via BillSAFE is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter “PayPal”) as the operator of the BillSAFE payment service. The payment method purchase on account requires a successful credit check by PayPal. If the customer is permitted to use the payment method purchase on account after a credit check, the payment is processed in cooperation with PayPal, to which the provider assigns its payment claim. In this case, the customer can only make payment to PayPal with debt-discharging effect. Even if the payment method purchase on account via BillSAFE is selected, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes. In all other respects, BillSAFE’s General Terms and Conditions apply, which the customer can access and must confirm during the ordering process. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online store.

5. delivery and shipping conditions
5.1 The delivery of goods is carried out by dispatch to the delivery address specified by the customer, unless otherwise agreed.
5.2. Goods delivered by a forwarding agent are generally delivered “free kerbside”, i.e. to the nearest public kerbside to the delivery address, unless otherwise stated in the shipping information in the seller’s online store and unless otherwise agreed. If longer decking boards are shipped by a forwarding agent, unloading is carried out by the recipient.
5.3. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.
5.4. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.5. The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.6. In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller’s registered office by arrangement with the seller. In this case, no shipping costs will be charged.
5.7. Vouchers are sent to the customer by e-mail.

6. retention of title
6.1. vis-à-vis consumers, the seller retains title to the delivered goods until the purchase price owed has been paid in full.
6.2. vis-à-vis entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance all claims against third parties arising from this in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s right to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

7. liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies:
7.1 For entrepreneurs
If an insignificant defect does not justify any claims for defects, the seller has the choice of the type of subsequent performance. If the limitation period for defects in new goods is one year from the transfer of risk, the rights and claims for defects in used goods are generally excluded.
7.2. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following clause.
7.3. The above limitations of liability and shortening of the limitation period do not apply to items that have not been used for a building in accordance with their normal use and have caused its defectiveness for damages resulting from injury to life, limb or health, which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller for other damages which are based on an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as in the event that the seller has fraudulently concealed the defect
7.4. In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
7.5. If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.6. If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8. liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1. The Seller shall be liable without limitation for any legal reason in the event of intent or gross negligence in the event of intentional or negligent injury to life, limb or health
due to a guarantee promise, unless otherwise regulated in this respect due to mandatory liability such as under the Product Liability Act
8.2. If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3. Otherwise, liability of the seller is excluded.
8.4. The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9. redemption of promotional vouchers
9.1. vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online store and only during the specified period.
9.2. individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
9.3. Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.4. Only one promotional voucher can be redeemed per order.
9.5. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit balance will not be refunded by the seller.
9.6. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7. the credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.8. the promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.9. The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

10. applicable law
10.1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

11. place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

12. information on online dispute resolution
12.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2. The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Customer information
Information on the identity of the seller
Betterwood GmbH
Managing partners: Catherine Körting, Philip Jaeger
Rathenower Straße 30
D-10559 Berlin

Phone: +49 (0)30 921 060 840
E-mail: info@betterwood.de
Commercial Register Berlin-Charlottenburg HRB 126186 B
VAT number: DE272236901