General Terms and Conditions
General Terms and Conditions
of HOMESTORYS GmbH.
Industriestraße 38, 4700 Eupen, Belgium
Company Number: BE0866.321.648
1. Scope
The following General Terms and Conditions (GTC) apply to all orders placed via our online shop or in our physical store by consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. A business is a natural or legal person or a legally capable partnership that acts in the course of its commercial or independent professional activity when concluding a legal transaction.
For businesses, the following applies: If the business uses conflicting or supplementary general terms and conditions, their validity is expressly rejected unless we have explicitly agreed to their application.
2. Contract Partner, Conclusion of Contract, and Correction Options
2.1 Conclusion of Contract
The purchase contract is concluded with Homestorys GmbH.
By displaying products in the online store, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction tools provided in the ordering process. The contract is concluded when you accept the offer by clicking the order button. You will receive an email confirmation immediately after submitting the order.
2.2 Order Confirmation
A purchase contract is only deemed concluded when Homestorys sends the customer an invoice via email or dispatches the order within 5 business days. However, the contract is deemed concluded at the latest two business days after the order is placed, depending on which event occurs first.
3. Contract Language and Storage of Contract Text
The languages available for contract conclusion are German and French.
We store the contract text. For security reasons, it is no longer accessible online.
4. Subject of the Contract
4.1 Product Description
The description of each product is considered an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, please note that minor color variations may occur due to individual screen settings (resolution, brightness, etc.).
For wooden products, natural variations in grain, structure, and color may occur and do not constitute grounds for complaint.
4.3 Usage Rights
Any sketches, designs, preliminary works, etc., created by us for order fulfillment are legally protected. We grant you a simple, non-exclusive right to use them solely for the purpose of contract fulfillment in the agreed scope.
5. Customer Content Requirements
If fulfilling the order requires you to provide content (e.g., texts, data, files), the applicable technical requirements are determined by the respective product description. You are solely responsible for the legality and accuracy of the content you provide. We do not review the content before executing the order.
6. Assembly
Assembly services require an explicit agreement.
6.1 Selection of Service Provider
We may provide the service ourselves or through qualified personnel selected by us. We expressly reserve the right to commission third parties (subcontractors). You have no claim to the selection of a specific person for the service unless explicitly stated otherwise.
6.2 Access to the Assembly Location
The product will be delivered to the specified assembly location. You must ensure access for the installation personnel and that the access is sufficient for the delivery and installation.
For large furniture, you must ensure that the items can be transported to the designated room without difficulty. This includes checking that doors, hallways, staircases, and other access points provide enough space for safe transportation.
If an elevator is required for delivery to higher floors, you must ensure that a suitable and operational elevator is available. If no elevator is available or it is insufficient, you must organize an alternative in advance. Otherwise, delays or additional costs may arise, which the customer must bear.
7. Delivery Conditions
7.1 Delivery Area
We deliver within Europe. Unless otherwise agreed, we do not deliver to islands or non-continental areas.
7.2 Shipping Costs
Standard shipping is free for orders over €250 (including VAT) to the Benelux, Germany, and France. For further information, please click on the following link: Shipping Conditions.
7.3 Delivery Options
We ship the products to the delivery address provided during the order process.
You may also pick up your order at: Homestorys GmbH, Industriestraße 38, 4700 Eupen, Belgium. Business hours: Monday to Friday from 9 AM to 5 PM.
We do not deliver to parcel stations.
7.4 Delivery by Freight Forwarder
Appointment Scheduling
For freight forwarding deliveries, the carrier assigned by us will contact you to schedule a delivery appointment.
Delivery Location
The delivery consists of transport and unloading at the curbside of the agreed delivery address. The delivery does not include delivery into specific rooms, assembly, or removal of packaging and/or pallets unless otherwise expressly agreed.
Access Requirements
Freight delivery is only possible if the delivery address is accessible by a vehicle with a permissible total weight of at least 7 tons via public roads with a minimum width of 2.5 meters without administrative restrictions.
If these conditions are not met or you have doubts, please contact us before placing an order.
8. Warranty and Complaints
8.1 Complaints
The customer must report any obvious defects in the goods immediately, at the latest within 5 days of receipt, to the seller. This particularly applies to damages incurred during transportation. Complaints must be sent via email to aftercare@homestorys.com.
8.2 No Liability for Assembly Errors
Homestorys assumes no liability for damages caused by incorrect assembly of the product unless the assembly was carried out by an employee or a person commissioned by Homestorys.
9. Payment
The following payment methods are generally available in our online store:
Prepayment
If you choose the prepayment method, we will send you a bill with our bank details in a separate email within 5 working days, and the goods will be ordered after receipt of payment.
Credit Card
During the order process, you will enter your credit card details.
Your card will be charged immediately after placing the order.
Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have the Google Pay function activated, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your login credentials, and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after placing the order. Further details will be provided during the order process.
PayPal may offer additional payment methods to registered customers based on its own criteria. We have no influence over these additional options; they pertain solely to your contractual relationship with PayPal. Further details can be found in your PayPal account.
Installment Purchase via Alma SAS
In cooperation with Alma SAS, 176 Avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, France, we offer you the option of installment payments. This is subject to a successful address and credit check. For payment processing, Alma SAS’s terms and conditions apply in addition to our general terms and conditions.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA (“Apple”), you must have an Apple Pay account set up. You can pay using your Apple ID by logging into your account and confirming the payment instruction.
10. Right of Withdrawal
Consumers have the statutory right of withdrawal. Further details, including the withdrawal form, can be found at the following link: Withdrawal Form
11. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery personnel immediately and contact us as soon as possible. Failure to make a complaint or contact us has no consequences for your statutory rights, but it helps us assert our claims against the carrier or transport insurance.
For businesses: The risk of accidental loss and deterioration passes to you once we have handed over the goods to the carrier, freight forwarder, or any other person or entity responsible for shipping.
12. Warranty and Guarantees
12.1 Liability for Defects
Unless expressly agreed otherwise, the statutory liability for defects applies. The following restrictions and shortened limitation periods do not apply to claims for damages caused by us, our legal representatives, or agents in cases of:
- Injury to life, body, or health
- Intentional or grossly negligent breach of duty, as well as fraud
- Breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations)
- A warranty promise, if agreed
- Cases where product liability law applies
Restrictions for Business Customers
For business customers, only our own specifications and the product descriptions of the manufacturer, which have been included in the contract, are considered as agreements on the quality of the goods. We do not accept liability for public statements made by the manufacturer or other advertising statements.
For business customers, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness.
The sale of used goods is made under the exclusion of any warranty.
The statutory limitation periods for recourse claims under § 445a BGB remain unaffected.
Notice to Merchants
For merchants, the inspection and notification obligations regulated in § 377 HGB (German Commercial Code) apply. If you fail to report a defect as stipulated, the goods are deemed approved unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Notice to Consumers
We inform you that, when selling used goods to consumers, we may shorten the limitation period for defect claims to one year from the delivery of the goods, provided we expressly inform you about this and it is explicitly and separately agreed upon.
12.2 Guarantees and Customer Service
Information on any additional guarantees and their exact conditions can be found with the respective product and on specific information pages in the online store.
Customer Service:
Available from 9 AM to 6 PM, from Monday to Friday.
Phone: +32(0)87/84 06 75
Email: info@homestorys.com
13. Liability
We are fully liable for claims arising from damages caused by us, our legal representatives, or agents in cases of injury to life, body, or health, in cases of intentional or grossly negligent breach of duty, in cases of guarantee commitments, if agreed, or where product liability law applies.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations), our liability for slight negligence is limited to foreseeable damages that are typical for the contract at the time of conclusion.
All other claims for damages are excluded.
14. Delivery Times
The delivery times indicated on our website or communicated during the order process are purely indicative and do not constitute a contractual obligation. While we strive to meet the stated delivery times, delays may occur due to circumstances beyond our control, such as logistical disruptions, production delays, or exceptional conditions. Exceeding the estimated delivery time does not entitle the customer to cancel the order, claim compensation, or make any other demands. We will inform you of any significant changes to the delivery time and remain available for any questions.
15. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Jurisdiction
If you are a merchant, 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 registered business location.
AGB created with the Trusted Shops Legal Text Generator.
Version: December 2024