§ 1 Scope of the GTC
This offer is provided by Commerce & Customize GmbH, based in Augsburg(Germany). All deliveries and services of Commerce & Customize GmbH are exclusively subject to these General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order.
Thus, the following terms and conditions also apply to all orders placed via our online store “Bondage Furniture”.
Deviating terms and conditions of our customers shall only be binding on us insofar as they are expressly acknowledged by us in writing. If the customer does not want to accept these GTC or only partially, we have the right to withdraw from the sale without the buyer being able to claim damages.
§ 2 Conclusion of an offer / contract, storage of the contract text and information on order error corrections
(1) Prerequisite for the conclusion of purchase contracts with Commerce & Customize GmbH via the online store “Bondage Furniture” is that the customer has reached the age of 18 and is of legal age according to the law of the respective country.
(2) Conclusion of contract – Our offers are always subject to change until accepted by the customer, subject to technical changes by our suppliers. The presentation of the goods in our internet store does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods which the consumer converts into a binding offer to conclude a purchase contract by ordering the desired goods.
The contract is concluded with
Commerce & Customize GmbH
Stone ford 72
86167 Augsburg
materialize.
By successfully going through the ordering procedure provided in our Internet store, the consumer makes a binding offer to enter into a contract.
The individual steps of the order are described below in sequence.
1. select the desired product.
2. configure the goods e.g. material, color, size,…
3. confirm the previous selection by clicking the button “Add to cart”. The “wish list” does not lead to the order
In the shopping cart, the selected items can be checked again, deleted if necessary or the quantity can be changed.
5. the confirmation takes place via the button “Checkout”.
You can now continue with the order process,
– as a guest (without registration)
– as an existing customer via the Registration button
– as a new customer with password protected registration
7. select shipping method.
8. select payment method
9. final check of your order (via the upper tabs the individual points of the order process can be revised) and accept the GTC’s
10. sending the order by clicking the “Buy” button
After sending the order, we confirm the receipt of the order directly by an automatically generated e-mail (“order confirmation”).
The customer’s order constitutes an offer by the customer to Commerce & Customize GmbH to conclude a purchase contract. A contract is only concluded when Commerce & Customize GmbH accepts this offer. The automatic confirmation of receipt merely documents that the customer’s order has been received by Commerce & Customize GmbH and does not constitute acceptance of the application. An exception to this is when the e-mail confirms acceptance in addition to confirming receipt.
Insofar as Commerce & Customize GmbH has not already declared acceptance of the offer with the order confirmation, the offer of the customer shall be accepted when Commerce & Customize GmbH confirms this with a shipping confirmation.
(3) Storage of the contract text for orders via our internet store.
We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the GTC at any time at http://www.bondage-furniture.de/AGB. You can also view your past orders in our customer area (only if you have created a customer account).
§ 3 Payment
In our store you can use the following payment methods:
PayPal
If you have a PayPal account, this online payment service is available to you.
Normally, you will be redirected to the PayPal website directly after the order process to make your payment. Detailed information is available here directly from PayPal.
Or send the amount manually with the function: Send money, via PayPal to: information@bondage-furniture.de
For both variants there are no additional costs for you.
Credit card via PayPal
Your credit card will be charged upon completion of the order.
Direct debit via PayPal
The collection of the total amount is done via PayPal
Cash on delivery
You pay the invoice amount when you receive the delivery to the DHL messenger. A maximum amount of 3,500 EUR can be collected from the deliverer.
Only cash payment by the recipient possible.
This payment method incurs additional costs in the form of cash on delivery charges in the amount of € 5.95.
Prepayment
Please direct payment to:
Commerce & Customize GmbH
Commerzbank
IBAN: DE06 7204 0046 0111 6086 00
Please be sure to include the order number as the reason for payment.
(You can also find the bank details in the order confirmation email).
§ 4 Retention of title
The goods remain our property until full payment.
§ 5 Subject matter of the contract, delivery, availability of goods and quality
(1) The subject matter of the contract shall be the goods specified by the customer within the scope of the order and stated in the order and/or order confirmation at the prices stated in the online store of Commerce & Customize GmbH. Errors and mistakes there are reserved.
(2) Delivery: We deliver the products exclusively by mail. Unfortunately, self-collection of the goods is not possible. We do not deliver to packing stations.
The delivery time indicated in the article descriptions gives an indication of the expected delivery time, depending on the order situation, this may also be delayed. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information.
However, we also have the right to exceed the time within reason for disabilities that are within our control. There is no fixed deal. Unclear or missing information from the customer (e.g. wrong address) will cause an extension of the delivery time. We do not assume any responsibility for this. We are entitled to make deliveries in several parts. In the case of partial deliveries, the contract shall only be concluded for the items delivered in each case; missing items shall be delivered separately. If Commerce & Customize Ltd. fulfills your order by partial deliveries, the buyer will not incur any additional costs. However, if the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
If the delivery period is exceeded by more than 14 days, the customer is entitled to withdraw from the contract by written declaration after a written reminder and setting of a 14-day grace period. If the delay in delivery is not due to an intentional or grossly negligent breach of contract for which the Seller is responsible, the Seller’s liability shall be limited to the foreseeable, typically occurring damage.
If a delivery to the customer is not possible because the customer cannot be found at the delivery address provided by him, the customer shall bear the costs for the unsuccessful delivery. The right of withdrawal remains unaffected.
Our obligation to deliver is suspended as long as the customer is in default with a due payment, also from other obligations towards us.
(3) Availability of goods: If the delivery of the ordered goods is not possible, for example because the respective goods are not in stock or the product is permanently not available or producible, Commerce & Customize GmbH will refrain from a declaration of acceptance. In this case, no contract is concluded. Commerce & Customize GmbH shall inform the client of this without delay and immediately refund any consideration already received.
(4) The quality of the ordered goods results from the product descriptions in the online store “Bondage Furniture” and the configuration or specification of the respective item made by the customer. Images on the website may not accurately reflect the products. Additional extensions, complementary items, decoration and colors may vary significantly. Thus, the images are for illustrative purposes only and may differ from the product. The decisive factor is the textual description of the article such as size, material, color and scope of delivery.
§ 6 Liability for defects / warranty, damages, product liability
(1) Liability for defects / warranty: Commerce & Customize GmbH shall be liable for material defects or defects of title of the delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery (date of delivery bill) of the goods. For orders from entrepreneurs, the warranty period is 12 months. If the delivered goods are defective or if defects become apparent within the warranty period, the customer shall only be entitled to free rectification of defects or replacement delivery within a reasonable period. During the rectification, the reduction of the purchase price or the withdrawal from the contract by the buyer are excluded. Unauthorized interference with or alteration of the objects of sale shall in any case void the warranty claim.
(2) Compensation for damages: Compensation for any consequential damage caused by a defect shall be limited to direct damage up to half of the invoice value of the corresponding order and shall only be due to the customer if we or our vicarious agents are guilty of gross negligence or intent.
The purchaser is obligated to observe all application instructions provided to him from safety instructions, product descriptions, construction manuals and the hazard information described in the GTC and to obtain our opinion in the event of any ambiguity.
(3) Product liability: The Seller shall be liable in accordance with the statutory provisions.
The company Commerce & Customize GmbH is not liable for damages that do not concern the delivery item itself. Thus Commerce & Customize GmbH is not liable for lost profits or for other financial losses of the buyer or their partners. Insofar as the liability of Commerce & Customize GmbH is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
If Bondage Furniture negligently violates an essential contractual obligation, the obligation to pay compensation for property damage is limited to the typically occurring damage.
Our pieces of furniture are kits. You will receive individual components (the connectors are certified) with which you can create the most diverse variants yourself. The number of components can be found in the scope of delivery of our online store. The suggestions provided by us for assembling the supplied components, serve you only as an orientation. Since our furniture is a kit, which can vary at will, we assume no liability for improper use of the furniture. A hexagonal wrench is required for the construction.
Creating variants creates scratches in the paint of the tubes. These are not grounds for complaint.
We are not responsible for liability and consequential damage caused by and with our products and therefore reject any liability, because neither the proper assembly, nor the type of construction, nor the operation or use in practice can be monitored from our side.
It is imperative that you observe our following safety and hazard information
§ 7 Safety and hazard information for health, injury, death
Improper use and handling of the articles manufactured and distributed by Commerce & Customize GmbH may result in serious damage to health, injury or death.
The proper use of the products incl. of the kits and its accessories is the responsibility of the buyer. The use of our products is allowed only with the mutual consent of all parties.
(1) During the use of the furniture in a bondage session, the fixed person must never be left alone, even for a short time. Self-restraints without supervision are also not allowed. Monitoring is mandatory.
(2) It is essential to agree on a security word and or gesture. Care must be taken to ensure that one of the two safety signs is also always possible. We do not recommend gagging the mouth and blindfolding at the same time, as hand signals can easily be overlooked and therefore eye contact is generally recommended.
(3) Furniture may not be used for free-hanging, or even overhead restraints. When sitting or lying down, the body’s center of gravity must not be higher than 90 cm. Make sure that there are no dangerous objects near the piece of furniture.
(4) Be sure to maintain cleanliness and hygiene. This naturally includes the professional disinfection of components, especially those which are inserted into body orifices and which come into contact with bodily fluids.
(5) Before each use of the piece of furniture and its accessories, make sure that all connectors (recommendation according to manufacturer 40Nm) are firmly and securely connected. Do not use the furniture if defects are noticed or damage is visible.
Safety instructions when assembling or modifying the bondage furniture and its accessories:
(1) The pipes and connectors are made of solid steel and are correspondingly heavy. During assembly, careless handling can cause a component to fall to the floor.
– During installation work, ensure that the substrate is adequately protected. For example, by a suitably thick carpet.
– Ensure sufficient distance to walls and endangered furniture (at least as large /wide as the length of the highest component) Failure to observe this may result in damage during use.
(2) To avoid damage and injury, at least 2 persons should be involved in all assembly work.
(3) Always use the furniture on a carpet or protective pad. Otherwise, use may cause damage to the substrate.
(4) Before using the piece of furniture, make absolutely sure that all connectors are screwed tightly (40 Newton meters are recommended according to the manufacturer of the connectors) and also that the tubes are in the connectors up to the stop.
(5) The clamping pads for support on the tubes must not be loaded at points between the tubes (e.g. by kneeling)!
(6) The raw steel clamps made of natural iron may rust and stain the clothes and skin.
Our products are not toys and do not comply with the Second Ordinance to the Equipment and Product Safety Act (2. GPSGV). The goods are not sold to minors and must not be made available to minors.
§ 8 Return
(1) For hygiene reasons, all our products are excluded from exchange without exception.
§ 9 Final provisions
(1) The contractual language is German.
(2) Our contracts shall be governed by the laws of the Federal Republic of Germany.
(3) The place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.
(4) Should a point of the contract or a part of a point of the contract be or become invalid, this shall not affect the validity of the other parts of the point of the contract and the rest of the contract. The contract shall then be interpreted in such a way that, from an economic point of view, it comes as close as possible to the invalid provision, but is still valid.
