Terms and Conditions | ERM Holzmanufaktur

This English translation is provided for convenience only. The German version is legally binding.

§ 1 Scope, Contracting Parties

(1) These General Terms and Conditions apply to all orders placed through the ERM Holzmanufaktur online shop at this domain, operated by ERM scs GmbH, Fichtestraße 1-4, 08451 Crimmitschau (contact details, see legal notice).

(2) The shop is aimed both at consumers (§ 13 BGB) and at commercial dealers/traders (§ 14 BGB). Dealer terms (net prices) apply exclusively to customers with an approved dealer account who have provided us with evidence of their commercial activity.

(3) Any deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their applicability in writing.

§ 2 Formation of Contract

(1) The presentation of products in the online shop does not constitute a binding offer, but an invitation to order.

(2) By submitting the order via the "Order with obligation to pay" or "Order" button, the customer makes a binding offer to conclude a contract.

(3) We confirm receipt of the order without delay by email (order confirmation). This confirmation does not yet constitute acceptance of the offer unless we expressly state otherwise. The contract is concluded at the latest when the goods are dispatched or, in the case of payment in advance (bank transfer), when receipt of payment is confirmed.

(4) The text of the contract (order data) is stored by us; the order confirmation is sent to the customer by email.

§ 3 Prices

(1) The prices shown in the catalogue for end customers are recommended retail prices (RRP) set by the manufacturer ERM Holzmanufaktur, quoted in euros including statutory VAT, plus any applicable delivery costs (§ 5).

(2) Approved dealers are shown net prices (net RRP less dealer discount, or an individually agreed product price), plus the applicable statutory VAT. For intra-Community supplies to traders with a valid VAT ID from another EU member state, VAT is not currently exempted automatically (no reverse-charge procedure is implemented in the shop); a VAT-exempt intra-Community supply is possible separately on request, following verification of the VAT ID.

(3) The price shown at the time of ordering applies.

§ 4 Terms of Payment

The following payment methods are available:

Purchase on account (via secupay): Processed by secupay AG; its payment terms apply in addition, in particular the payment period stated there. secupay may carry out an identity and credit check before acceptance and may decline purchase on account in individual cases; another payment method can then be chosen. This is without prejudice to the retention of title under § 6.
Credit card (via secupay): The payment is authorised on the payment form of secupay AG; the card is charged when the order is completed. The payment terms of secupay AG apply in addition.
Payment in advance (bank transfer): The customer receives our bank details by email and transfers the invoice amount, quoting the order number. Dispatch takes place once payment has been received; the order is reserved for the period stated during the ordering process.

The statutory provisions apply in the event of default of payment (§§ 286, 288 BGB).

§ 5 Delivery, Delivery Costs

(1) We deliver to addresses in Germany and in the other member states of the European Union. Deliveries to other countries are possible by prior arrangement. Goods are shipped as parcels with DHL; large, bulky or particularly extensive consignments are delivered by freight forwarder, in which case the delivery date is arranged in advance.

(2) Delivery costs are shown during the ordering process and under Shipping & Payment and are payable in addition to the price of the goods, unless free delivery is stated there.

(3) For deliveries within Germany a flat delivery fee of €5,90 applies; from an order value of €80 (approved dealers: €1.000 net) delivery is free of charge. For deliveries to Austria and the rest of the EU a flat delivery fee of €19,00 applies.

(4) A minimum order value of €150 net applies to approved dealers. Below that we charge a small order surcharge of €5,00, shown separately during the ordering process.

(5) Unless stated otherwise for a particular product, the delivery time is a few working days after receipt of payment or order confirmation. For products marked "pre-order", the delivery time is extended accordingly; we provide information on this on the relevant product page.

§ 6 Retention of Title

The delivered goods remain the property of ERM scs GmbH until paid for in full.

§ 7 Custom Orders

(1) From [[sonder.start_monat]] to [[sonder.end_monat]] we offer custom orders – individually designed gifts as well as candle arches and window pictures made to the customer's wishes. These are not arranged via the shopping basket, but on the basis of an individual enquiry (the "Custom Orders" page).

(2) On receipt of an enquiry, we submit an individual quotation covering the design, price and delivery date; a contract for a custom order is only concluded once we have expressly confirmed the order, not merely upon submission of the enquiry form.

(3) Important note on the right of withdrawal: Custom orders are goods that are not prefabricated and for whose manufacture the customer's individual selection or specification is decisive, or which are clearly tailored to the customer's personal needs. For such goods, consumers have no statutory right of withdrawal under § 312g Abs. 2 Nr. 1 BGB. We draw separate attention to this in the quotation, before the order is confirmed.

(4) Outside the January-to-October period we still accept enquiries about custom orders, but do not resume production until January of the following year, since workshop capacity in November and December is needed for producing the seasonal standard range.

§ 8 Liability for Defects / Warranty

(1) The statutory rights regarding liability for defects apply. In relation to consumers, the limitation period for claims arising from defects in newly manufactured goods is two years from delivery of the goods.

(2) In relation to traders (dealers), the customer must notify us of obvious defects in writing without delay, and at the latest within two weeks of receiving the goods (commercial duty to inspect and give notice of defects, § 377 HGB); otherwise the goods are deemed to have been approved. The limitation period for traders' claims arising from defects is twelve months from delivery, to the extent legally permissible.

§ 9 Liability

(1) We are liable without limitation for damages resulting from injury to life, body or health caused by a negligent or intentional breach of duty, and for other damages caused by an intentional or grossly negligent breach of duty or by fraudulent intent.

(2) In the case of a slightly negligent breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the contract and on whose observance the customer may rely, our liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slightly negligent breaches of duty is excluded.

(3) Liability under the Product Liability Act remains unaffected.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this only applies to the extent that it does not deprive them of the protection afforded by mandatory consumer-protection provisions of the country of their habitual residence.

(2) If the customer is 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 this contract is the registered office of ERM scs GmbH, unless mandatory statutory provisions state otherwise.

(3) Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

These Terms and Conditions were drawn up based on the actual processes of this shop (shopping basket/checkout, purchase on account and credit card via secupay, payment in advance, custom orders). A review by a lawyer or a specialised terms-and-conditions service (e.g. IT-Recht Kanzlei, Händlerbund, Trusted Shops) prior to going live is expressly recommended.