DIM – Flex-wood

Terms and Conditions (GTC)

FLEX WOOD

https://flexwoodsystem.com

Salesperson:

Piotr Dabrowski "TEX WOOD"
ul.Dworna 17,
16-010 Wasilkow, Poland
VAT: PL9660346301

e-mail: texwood@texwood.com.pl

TEL: +48 691 221 600

Definitions

The definitions used in the General Terms and Conditions have the following meaning:
General Terms and Conditions – This document that determines the conditions for concluding a contract for the sale and for the provision of services provided by the Seller to the Customer in the Online Store.
ORDER – an order for the purchase of goods placed by the customer using technical communication.
ELECTRONIC SERVICES – Provision of electronic services via the online shop (according to § 312c ff. BGB), from the seller for the benefit of the customer, in accordance with the service contract. In the area where services may be provided by other parties cooperating with the Seller, relevant resolutions regarding these services are contained in the General Terms and Conditions for the provision of services by these parties.
LOGIN – the customer's email address that he specified in the store when creating an account.
ACCOUNT – Electronic service provided to the customer as part of the online shop and allowing the customer to use additional functionalities. The customer has access to the account using the login and the associated password. After registering in the online shop, the customer logs into their account. The account makes it possible to store information about the customer's address details for shipping the products, track the status of the order, access the order history, as well as use other services provided to the customer by the seller.
CUSTOMER – (1) Consumer; (2) entrepreneur; (3) legal entities under public law or special funds under public law.
NEWSLETTER – Electronic service allowing the Customer to receive commercial information from the Seller, in particular about products, the online store, including news and current promotions, to the email address provided by the Customer, provided that the Customer expressly consents to this has.
PASSWORD – a sequence of alphanumeric characters required for authentication when accessing the Account and provided by the Customer when setting up the Account. Registering an account requires entering the password once in accordance with the minimum requirements. The customer is obliged to keep the password confidential (and not to pass it on to third parties). The seller offers the customer several options for changing the password. The Seller may, at its sole discretion, provide the Customer with a mechanism for so-called forgotten password recovery.
PRICE – The amount of compensation (gross/tax included), expressed in euros or other currency, to which the seller is entitled for the transfer of ownership to the customer in accordance with the purchase agreement. The price does not include shipping costs, unless otherwise stated in the conditions of the store's current special offers.
PRODUCT – A movable item that can be purchased in the online shop and is the subject of the contract between the customer and the seller.
ENTREPRENEURSHIP - are natural or legal persons or legal partnerships who order for commercial, self-employed or freelance purposes (§ 14 BGB).
CONSUMER – Any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity (§ 13 BGB).
SELLER – Piotr Dabrowski "TEX-WOOD", ul.Dworna 17, 16-010 Wasilkow, Poland , VAT: PL9660346301 e-mail: texwood@texwood.com.pl , tel: +48 691 221 600
SHOPPING CART – Electronic service made available to the Customer within the Online Shop, which allows, in particular, to easily place an order for a selected number of Products, display a summary of the prices of each Product and the total price for all Products.

General

These general terms and conditions of sale apply to all inquiries or orders via the website https://texwoodsystem.com Consequently, when you place an order through the Website, you agree to these Terms and Conditions of Purchase. Deviations from these purchasing conditions require our written consent.
The use of the online shop requires the fulfillment of certain technical requirements on the part of the website visitor's device and the existing internet connection.
Customers within the meaning of these General Terms and Conditions are consumers, entrepreneurs, legal entities under public law or special funds under public law.
Acceptance of the general terms and conditions by the customer is voluntary, but nevertheless necessary to place an order.
The customer can place orders without setting up an account.
The use of Electronic Services as a service provided electronically involves typical risks of data transmission over the Internet, such as the distribution of customer data, access by unauthorized persons or the loss of customer data. The seller and the customer are obliged to take measures to minimize these risks.
The use of the online shop, in particular the use of electronic services and the conclusion of purchase contracts is possible if the end devices used by the customer and the ICT system meet the technical requirements. For technical reasons, the Seller may temporarily, but not longer than 48 hours, deactivate part of the functions of the Online Store in order to improve it, add services or carry out maintenance work. The seller will endeavor to provide information about technical disruptions by posting a corresponding notice on the homepage of the online shop.

Electronic services

The Seller provides Customers with the following electronic services free of charge through the Online Store:
Account;
the possibility for customers to place orders and conclude sales contracts in accordance with the principles set out in these General Terms and Conditions;
the possibility of using a shopping cart;
Newsletter;
customer reviews;
The account can be used by completing the following steps on the part of the customer:
Completing the registration form and accepting the provisions of these Terms and Conditions,
Click on the “Register” button.
The following customer data is required in the registration form: first and last name, email address and a specially defined password.
The Service Agreement is concluded when the following conditions are met together: (i) effective completion and acceptance by the Customer of the registration form for creating an account (submission to the Seller), (ii) acceptance of the General Terms and Conditions and (iii) confirmation of the conclusion of the service contract by the customer by clicking on the activation link sent by the seller to the email address provided by the customer during registration. The account is provided free of charge for an unlimited period.
The Seller may refuse to register an Account if the Customer violates the provisions of paragraph 9 below.
Use of the shopping cart begins when the customer places the first product in the shopping cart. The shopping cart is a one-time service provided free of charge and ends when the customer places or no longer places an order through it. Depending on the features available, the shopping cart may store information about the products selected by the customer even after the browsing session has ended, but it does not guarantee that copies of the products selected by the customer will be available to be able to place the order at a later date.
To start the newsletter service, the customer must agree to receive commercial information by ticking the corresponding checkbox (checkbox) or clicking on the corresponding button and entering his email address in the corresponding field on the website of the online Shops provides and then clicks on the activation link, which is sent to the email address provided (time of receiving the newsletter service).
As part of the seller's online presence, customers have the opportunity to evaluate the services and products offered by the seller. The seller is generally not responsible for the content of the customer's reviews. The customer undertakes not to publish any reviews that are unlawful, violate laws or official regulations, or violate the rights of third parties. The seller verifies the reviews using the email address used when placing the order or linked to the user's account.
In particular, the customer is obliged:
to provide in the order and in the account only true, current and all necessary customer data and, in the event of a change in these data, the data, including personal data, that the customer has provided to the seller in connection with the conclusion of the sales contract or the use of the electronic services , to be updated immediately;
to use the electronic services in such a way that the functioning of the seller and the online shop is not impaired;
to use the Electronic Services in a manner consistent with legal laws, the provisions of the General Terms and Conditions and with the customs and rules of social coexistence accepted in the relevant area;
to treat the login and password confidentially and in particular not to pass them on to unauthorized persons. In particular, the Seller shall not be liable for any loss of data or access to data stored in the Account resulting from any breach by the Customer of the above obligation;
The Seller may terminate the Service Agreement for the following valid reasons:
a) the manner in which the electronic services are used is contrary to the rules and purpose of the online store;
b) the customer's activity violates morality, incites violence or commits a criminal offense and violates the rights of third parties;
c) the customer violates the provisions of Article III paragraph 9 of the General Terms and Conditions.
Termination of the Service Agreement by the Seller must be sent to the email address provided by the Customer.
The notice period for both parties is 14 days. Termination of the service agreement by either party is tantamount to deletion of the account.

Conclusion of contract

An order can be placed using a form available in the shop.
Orders can be placed after registering an account in the shop or without registering an account in the shop.
By clicking the “Add to shopping cart” button, you can place the respective goods in the virtual shopping cart. The selected goods are collected in the shopping cart. This process is non-binding and does not constitute a contract offer.
In the shopping cart you can check and correct the number of selected items or remove individual items from the shopping cart or add additional items using the "Continue shopping" button. By clicking on the “Proceed to checkout” button, you will be taken to further steps to access your existing registration or enter your data. You (1) can then specify a different delivery address, (2) can choose one of the payment methods offered to you, (3) will be asked to agree to the General Terms and Conditions and the applicable data protection regulations and (4) will be asked to provide your details before sending the order checked and corrected if necessary.
By clicking on the “Order with obligation to pay” button at the end of the ordering process, you are making a binding contractual declaration to conclude a purchase agreement for the products in your shopping cart.
Before you submit your order, you have the opportunity to check the accuracy of your information and correct it if necessary.
The contract between the seller and the buyer is concluded on the basis of the proper/correct completion of all mandatory information in the order form on the website and the final confirmation/submission of the order by the buyer. The Seller confirms acceptance of the order to the Buyer using means of distance communication (in particular by means of an e-mail message to the address provided by the Buyer).
You can print out or save the contract text before sending the order. You can also archive your order data by either (1) downloading the General Terms and Conditions and saving the data summarized on the last page of the ordering process in the online shop using the functions of your browser or (2) waiting for the automatic order confirmation and the automatic contract confirmation, which we will also send you by email to the email address you provided after completing your order. A separate retrieval of the contract text is not possible.
The contract language is exclusively German.
Orders can be placed in the shop 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays will be processed the next business day. The order processing time (i.e. until the goods are shipped) is up to 7 working days.

Price/Payment

All prices in our online shop are gross prices in euros including statutory sales tax and do not include any applicable shipping costs.
The shipping costs are stated in our price information in our online shops. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
The seller provides the customer with various payment options for the purchase contract. The available payment methods are presented to the customer on the online shop website and when placing an order.
The payment methods displayed during the ordering process are available to the customer:
Payment by credit/debit card (VISA, Mastercard).
Payment via Stripe/Mollie/iDEAL.
If you choose the credit card payment method, the amount will first be reserved (pre-authorized) when you complete the order. Your credit card account will be debited promptly after the order has been completed.
All special offers valid in the online shop cannot be combined unless the terms of the offer specify otherwise.
You agree that invoices and credit notes will only be sent in electronic form.
The delivered goods remain our property until full payment has been made (retention of title according to §§158, 449 BGB).

Delivery

The available delivery methods for the Product are presented to the Customer on the Online Store's website and when the Customer places an order.
The product will be delivered to the address specified by the customer when ordering.

Delivery only in Germany.

Delivery takes place within the delivery period specified for the respective product.
The total time for delivery of the product to the customer (delivery time) is made up of the time required by the seller to prepare the order for shipment and the time required by the carrier (DHL/UPS/DB Schenker), to deliver the product.
The delivery period is up to 14 working days, unless a shorter period is specified in the description of the product or when placing the order.
The delivery time is extended appropriately in the event of circumstances affecting delivery due to force majeure.
If delivery to you is not possible because you cannot be found at the delivery address you provided, even though the delivery time was announced to you with reasonable notice, you will bear the costs for a new delivery.
For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are handed over to the consumer or a recipient designated by him. The transfer is the same if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, or in the case of mail order purchases, upon delivery of the goods to the freight forwarder or the person or institution otherwise designated to carry out the shipment.

Right of withdrawal

If you are a consumer within the meaning of Section 13 BGB, you have a legal right to cancel your order in accordance with Section 312g BGB or Section 355 BGB.
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of withdrawal, you must contact us

Piotr Dabrowski "TEX WOOD"
ul.Dvorna 17,
16-010 Wasilkow, Poland
: texwood@texwood.com.pl

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation:

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

Piotr Dabrowski "TEX WOOD"
ul.Dvorna 17,
16-010 Wasilkow, Poland

You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Entrepreneurs are not granted a voluntary right of withdrawal.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back to)

- Piotr Dabrowski "TEX-WOOD" , ul.Dworna 17, 16-010 Wasilkow, (Poland), e-mail: texwood@texwood.com.pl

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

- Date.

(*) Delete what is not applicable.

Warranty/Complaints

The warranty is based on the legal provisions.
We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.
If and to the extent that you are an entrepreneur, we are generally not liable for defects that you knew about when concluding the contract or were not aware of due to gross negligence (§ 442 BGB). Furthermore, in this case, claims for defects require that you have complied with your statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect becomes apparent during delivery, inspection or at any later time, the entrepreneur must immediately notify us in writing. In any case, obvious defects must be reported within 14 working days of delivery and defects that cannot be identified during inspection within the same period of discovery by the entrepreneur. If the entrepreneur fails to properly inspect and/or report defects, our liability for the defect not reported or not reported in a timely manner or not properly is excluded in accordance with the statutory provisions. The above provisions of this paragraph 3 expressly do not apply to consumers.
The seller undertakes to deliver the goods or product without defects.
If the product sold is defective, the customer may:

submit a statement requesting a reduction in the purchase price or withdrawing from the contract, unless the seller exchanges the defective product for a defect-free product immediately and without undue inconvenience to the customer. In the event of a reduction in the purchase price, the purchase price should be corrected in proportion to the price resulting from the contract, just as the value of the defective product is in relation to the value of the defect-free product. The customer cannot withdraw from the contract if the defect is not essential;
request that the product be exchanged for a product free of defects or wish the defect to be remedied. The seller is then obliged to exchange the defective product for a defect-free product or to eliminate the defect. This must be carried out in a timely manner and without undue inconvenience to the Customer, subject to and in accordance with the relevant provisions of the Civil Code.

The customer may request that the defect-free product be delivered to him instead of eliminating the defect as proposed by the seller or that the defect be eliminated instead of replacing the product, unless the course of action requested by the customer would entail excessive costs compared to the course of action proposed by the seller cause. When assessing the excessiveness of costs, the value of the respective defect-free product, but also the inconvenience to which the customer might have to be exposed in order to revise the product to the condition in accordance with the contract, are taken into account.
The shop is only liable for the non-conformity of the goods with the contract if this is discovered within two years of handing over the goods to the customer. The claim to remedy the defect or to exchange the product for a defect-free product expires after 2 years, counting from the day on which the purchased goods are handed over.
Warranty claims can be sent by the customer, for example, in writing to the address: texwood@texwood.com.pl.
The seller undertakes to examine any complaint within 14 days.

Liability

The liability of TEX-WOOD is excluded, except for liability for damages due to breach of contractual obligations that are indispensable for achieving the purpose of the contract (cardinal obligations), due to defective products according to the Product Liability Act, from injury to life, body or health, which is due to a negligent breach of duty by TEX-WOOD or an intentional or negligent breach of duty by a legal representative or vicarious agent of TEX-WOOD, and for other damages that are due to a grossly negligent breach of duty by TEX-WOOD or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of TEX -WOOD

Force Majeure

The parties are not liable if they are unable to fulfill their obligations at all or only partially due to an unforeseen event or an event considered force majeure; These include, among others (without any claim to completeness): floods, fires, storms, shortages of raw materials, strikes in the transport sector, partial or full strikes or lockouts. The party affected by such events must inform the other immediately, but at the latest within five (5) working days of the occurrence of this event.
The parties agree to agree as quickly as possible how the order should be processed while the force majeure continues.

Alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://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.
The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

Final provisions

The website and all content (including graphics, editorial content, documents and description of products and services) are the intellectual property of TEX-WOOD and / or third parties. The website and its contents are protected by intellectual property rights in accordance with current legislation. Only displaying the website and subpages and printing on paper for the customer's personal use is permitted. Full or partial reproduction of the database or contents for purposes other than purely personal to the customer is prohibited.
The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, do not apply. In the case of contracts with consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Changes and additions to the General Terms and Conditions must be made in writing to be effective.

September 14, 2023