Terms and Conditions

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

In Germany, the following applies: According to § 13 of the German Civil Code (BGB), consumers are any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

For Austria, the following applies: In the following conditions, "consumer" refers to the "consumer" as defined in the Consumer Protection Act (KSchG).

An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to business customers: If the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

The minimum  order value is 100 EUR including VAT and any applicable shipping costs. 

2. Contracting parties, conclusion of contract, correction options

The purchase agreement is concluded with Profino GmbH & Co. KG.

The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the products contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit it.

We will accept your offer within two days by

• we will submit a declaration of acceptance in a separate email or
• The payment transaction may be processed by our service provider or the selected payment service provider. The processing time of the payment transaction depends on the selected payment method (see "Payment").
  
  

The alternative that is relevant for you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language(s) available for concluding the contract: German

We save the contract text and send you the order details and our terms and conditions in text form. You can view the contract text in your customer login.

4. Subject of the contract

4.1 Product description

The validity of the respective product description as an essential part of the contract is noted.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors possible.

Natural variations in grain, structure, and color of the wood are possible in  wood products  

5. Delivery conditions

5.1 Shipping costs

Standard shipping is free for orders over €500 including VAT.

5.2 Delivery options

We ship the products to the delivery address specified during the ordering process.

We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.

We do not deliver to parcel lockers.

5.3 Delivery by freight carrier

Appointment scheduling

For deliveries by freight forwarder, the freight forwarding company we have commissioned will contact you to arrange a delivery date.

Delivery location

Delivery of the goods is limited to transporting them to the front door of the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

6. Payment

6.1 Prices

The prices valid at the time of ordering apply. These are total prices and include statutory VAT.

6.2 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date is specified in the following payment terms.

For consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You retain the right to prove that the actual damage incurred was less. This does not affect any other claims we may have.

For businesses: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate, as well as a flat fee of €40. This does not affect any other claims we may have.

6.3 Payment methods

The following payment methods are generally available in our shop.

PayPal
(Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. You will receive further instructions during the ordering process.

PayPal may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence over the availability of these options; any further individually offered payment methods govern your legal relationship with PayPal. You can find more information about this in your PayPal account.

Invoice:
The invoice amount is due 7 days after receipt of the invoice and the goods, payable by bank transfer to the account specified on the invoice. We reserve the right to offer payment by invoice only after a successful credit check.

7. Right of withdrawal

You have the statutory right of withdrawal, as described in the cancellation policy.

8. Retention of title

The product remains our property until full payment is received.

For businesses, the following applies in addition: We retain title to the product until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Transport damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.

10. Warranty and Guarantees

10.1 Warranty Law

For consumers,
the statutory warranty rights apply.

The following applies to businesses and merchants:
Unless expressly agreed otherwise below, the statutory warranty rights apply.
The following limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives, or agents.

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions on entrepreneurs

With respect to businesses, only our own specifications and the manufacturer's product descriptions incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to goods that, according to their customary use, have been used in a building and have caused its defectiveness. Used goods are sold excluding all warranties. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.

Note to merchants

Merchants are subject to the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.

10.2 Guarantees and Customer Service

Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.

11. Liability

We are always fully liable to consumers residing in Austria.

Furthermore, the following applies:
We are always liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract.
All other claims for damages are excluded.

12. Dispute Resolution

We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

The competent body is the Out-of-Court Dispute Resolution Office for Consumers and Entrepreneurs e. V., Hohe Straße 11, D-04107 Leipzig, Germany, www.streitbeilegungsstelle.org.

13. Final Provisions

If you are an entrepreneur, then German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German 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.

Should individual clauses of these terms and conditions be wholly or partially invalid, the remainder of the contract shall remain in effect. Insofar as individual clauses are invalid, the content of the contract shall be governed by the applicable statutory provisions.