terms

The following text has been translated automatically. The legally binding version is the German version.

Scope
1. These General Terms and Conditions (hereinafter “GTC”) of Oblik (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter “Customer”) and the Seller relating to the products presented by the Seller in its online shop.
  The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
2. These GTC also apply to contracts for the delivery of vouchers, unless otherwise stipulated.
3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
4. A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.
Data Protection
1. Our privacy policy can be viewed at https://oblik.berlin/de/impressum-und-datenschutz.
Conclusion of Contract
1. The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but instead serve to enable the Customer to submit a binding offer.
2. The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by phone, email, mail, or online contact form.
3. The automatic order confirmation sent after the order is submitted confirms the content and receipt of the Customer's order by the Seller and constitutes acceptance of the Customer's offer. A contract is concluded through the Seller's order confirmation attached to the email.
4. The Seller may also accept the Customer's offer by sending the Customer a written order confirmation or an order confirmation in text form (mail or email) within five days, whereby receipt of the order confirmation by the Customer is decisive in this regard.
5. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
6. Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button to complete the ordering process.
7. Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
8. German and English are available for concluding the contract. Documents such as order confirmations, invoices, and delivery notes are drawn up in German.
Prices and Terms of Payment
1. Unless otherwise stated in the Seller's product description, the prices quoted are gross prices in euros, including statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the relevant product description or in the offer to the Customer.
2. The available payment methods are communicated to the Customer in the Seller's online shop and made available upon completion of the ordering process.
3. When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4. When paying using a payment method offered by Stripe (credit card, Klarna, SEPA direct debit), payment processing is carried out via the payment service provider Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin D02 H210, Ireland.
5. Unless otherwise specified for the individual payment methods, payment claims arising from the contractual relationship are due for payment immediately.
6. If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date. The Customer will receive the bank transfer details with the order confirmation.
7. Delivery times are calculated from the date of receipt of payment. In the case of advance payment, delivery times may therefore vary depending on the availability of the ordered item at the time of payment.
8. The data entered for payment processing is not stored by the Seller, but may be stored by the respective selected payment provider. The respective privacy policy of the payment service provider applies in this regard.
Delivery and Shipping Terms
1. Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. As a rule, delivery takes place in accordance with the delivery times specified in the shop and using the shipping service providers specified there, unless otherwise agreed.
2. For goods delivered by freight forwarding, delivery is made free to the curb, unless otherwise stated in the shipping information in the Seller's online shop or otherwise agreed. Delivery to a P.O. box, parcel locker, or depot is excluded.
3. If delivery to the place of use is agreed, the Buyer guarantees that the property is accessible by truck and that a paved path leads to the delivery address.
4. It is the Buyer's responsibility to ensure that the ordered furniture can be transported to the desired location within the house and that the rooms are suitable in terms of dimensions and condition for assembly. In addition, the Buyer undertakes to grant the freight forwarder free access to the delivery location.
5. The Seller is not liable for the impossibility of delivery or for delivery delays caused by force majeure or other unforeseeable events (e.g., operational disruptions, strikes, lockouts, shortages of labor, energy, or raw materials, difficulties in obtaining necessary official permits, or late delivery by suppliers) for which the Seller is not responsible. The delivery period is extended accordingly by the duration of such measures and obstacles. This also applies if these circumstances occur at a subcontractor.
6. If the transport company returns the shipped goods to the Seller despite a delivery notice or comparable announcement because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment.
7. The Seller is entitled to make partial deliveries of orders. Delivery is made exclusively within the Federal Republic of Germany.
8. If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.
9. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon handover of the goods to the Customer or a person authorized to receive them.
10. Notwithstanding 5.9, the risk of accidental loss and accidental deterioration of the sold goods also passes to consumer Customers as soon as the Seller has handed over the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.
11. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already provided will be refunded without delay.
12. The Customer generally has the option of collecting the goods in person from the Seller's warehouse in Berlin:
Berlin Bees Logistics GmbH
Sterkrader Str. 49-59
13507 Berlin

Business hours: Monday to Friday, 8 a.m. to 4 p.m.

The Customer should inform the Seller of the collection date 3 business days in advance so that the goods can be prepared accordingly. The order confirmation or delivery note, in digital or printed form, must be presented as proof of identity.
Delivery Times
1. The agreed delivery times apply from the point at which the order is fully clarified. If delays occur due to a lack of information provided by the Buyer necessary for the execution of the order, the Seller shall not be considered in default as a result. Stated delivery times are non-binding guide values. Partial deliveries are permitted.
2. If the Seller is in default of delivery, acceptance of the service may be refused after a reasonable grace period set in writing has expired.
3. If production of the ordered goods has been discontinued or in cases of force majeure, the Seller may withdraw from the contract without compensation if these circumstances arose only after the conclusion of the contract or were not foreseeable at the time the contract was concluded, and if the Seller is unable to procure equivalent goods. Any payments already made will be refunded without delay.
4. The Seller is granted a right of withdrawal in the event that facts become known after the conclusion of the contract that call into question the Buyer's ability to perform their obligations due to insufficient solvency and/or creditworthiness.
Retention of Title
1. The goods remain the property of the Seller until the purchase price owed has been paid in full.
2. If the Customer is a business customer, the Seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or assignment as security is not permitted. The goods may be resold in the ordinary course of business. The Seller reserves the right to revoke the aforementioned consent to resell goods delivered subject to retention of title, as well as to withdraw from the contract and demand the return of the goods in the event of default of payment. Claims arising from the resale of goods subject to retention of title are hereby assigned to the Seller as security for its claims. The Customer must notify the Seller immediately if any goods subject to retention of title are seized. The Seller undertakes to release the securities to which it is entitled at the Customer's request to the extent that the value of its securities exceeds the claims to be secured by more than 10%.
Liability for Defects / Warranty
1. In the event of defects in the goods, the Customer has statutory rights regarding liability for defects (warranty).
2. If the Customer acts as a business customer, i.e., if the Customer places the order in the exercise of their trade, business, or profession, claims for defects against the Seller become time-barred within 12 months of delivery of the goods. This does not apply to claims for damages arising from injury to life, body, or health based on a negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller.
3. If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
4. The Customer's statutory claims for defects against the Seller remain unaffected in the event that a guarantee exists or is acquired for the ordered goods.
5. The Customer is asked to check deliveries immediately for completeness, obvious defects, and transport damage, and to notify the Seller and the freight forwarder of any complaints without delay. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
Product Characteristics and Information / Care Instructions
1. Casual upholstery processing is used on all upholstered furniture in the Seller's range. It enables body-conforming seating comfort. Especially in the first few months of use, the upholstery adjusts, loses its initial firmness, and reaches its full elasticity.
2. Depending on the upholstered furniture, differences in padding, seat firmness, and texture may occur due to the construction. Depending on the model and cover material, waviness, wrinkling, and indentations may develop during use. This is a typical characteristic of upholstered furniture, is harmless, and does not constitute a defect.
3. Loose cushions adapt individually to the body. This provides optimal seating comfort. Wrinkling, indentations, and the imprint of chamber cushions are possible. To maintain the original shape, it is recommended to regularly fluff and straighten the cushions.
4. The more natural and high-quality a leather is, the more clearly natural characteristics such as insect bites, scars, or stretch marks remain visible. Leather must be protected from direct sunlight and heat sources, as it can fade and dry out. It will expand during use due to body heat, pressure, and moisture. These natural characteristics cannot be claimed by the Customer as a defect. To preserve their value, leather furniture must only be cared for and cleaned according to the care instructions.
5. Denim and other fashionable clothing fabrics often do not have sufficient colorfastness. Dyes can therefore transfer to the upholstered furniture through use. Such discoloration is not comparable to soiling and does not constitute a defect in the cover material.
6. Wood is a natural product. Color, grain, and structure may differ from any displayed sample. Variations may also occur within a single delivery. Solid wood furniture may develop slight warping or small cracks depending on the indoor climate. These characteristics are typical of the product and therefore cannot be claimed as a defect.
7. Deviations in structure, color, shape, and dimensions of the products from the information and images in the shop — including, where applicable, compared to previous deliveries — as well as from samples, are possible and reserved, insofar as they are inherent to the nature of the materials used and are customary in the trade.
8. Surfaces of furniture that are difficult to see or not visible, such as the backs or undersides of cabinets and case furniture, the backs of bed headboards, the underside of tables, etc., are generally not finished to visible quality.
9. The care instructions of the manufacturer of the respective products must always be observed in order to preserve lasting enjoyment of the product and its quality.
Liability
1. The Seller is liable without limitation, on any legal grounds,
  in cases of intent or gross negligence,
  in cases of intentional or negligent injury to life, body, or health,
  on the basis of a guarantee promise, unless otherwise stipulated in this regard,
  on the basis of mandatory liability, such as under the Product Liability Act.
2. If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies under the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place, and on the observance of which the Customer may regularly rely.
3. Otherwise, liability on the part of the Seller is excluded.
4. The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
Alternative Dispute Resolution
1. The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
2. The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Applicable Law / Jurisdiction
1. These General Terms and Conditions are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
2. If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's place of business.
3. These General Terms and Conditions remain binding in their remaining parts even if individual provisions are legally invalid. Statutory provisions, where available, shall take the place of any invalid provisions.
Consumer's Right of Withdrawal
1. Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
2. Pursuant to Section 312g(1), 355 of the German Civil Code (BGB), the following goods are excluded from the right of withdrawal:
  – Goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive
  – Goods that are made to customer specifications or are clearly tailored to the personal needs of the consumer
3. Withdrawal Instructions
  The Customer has the right to withdraw from this contract within fourteen days without giving any reason.
  The withdrawal period is fourteen days from the day on which the Customer or a third party named by the Customer, who is not the carrier, took possession of the goods.
  In the case of a contract relating to several goods ordered by the Customer as part of a single order and delivered separately, the withdrawal period is fourteen days from the day on which the Customer or a third party named by the Customer, who is not the carrier, took possession of the last goods.
  In the case of a contract relating to the delivery of goods in several partial shipments or pieces, the withdrawal period is fourteen days from the day on which the Customer or a third party named by the Customer, who is not the carrier, took possession of the last partial shipment or piece.
  To exercise the right of withdrawal, the Customer must inform the Seller (Oblik, Torstr. 69, 10119 Berlin, phone: +49 30 5490 9232, email: info@oblik.berlin) by means of a clear statement of their decision to withdraw from this contract. The Customer may use the attached model withdrawal form for this purpose, although this is not mandatory.
  To meet the withdrawal deadline, it is sufficient for the Customer to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
4. Consequences of Withdrawal
  If the Customer withdraws from this contract, the Seller shall reimburse the Customer for all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer having chosen a type of delivery other than the cheapest standard delivery offered by the Seller), without delay and at the latest within fourteen days from the day on which the Seller received notification of the Customer's withdrawal from this contract. For this reimbursement, the Seller will use the same means of payment used by the Customer for the original transaction, unless expressly agreed otherwise with the Customer. Under no circumstances will the Customer be charged any fees for this reimbursement. The Seller may refuse reimbursement until it has received the goods back or until the Customer has provided proof of having returned the goods, whichever is earlier.
  The Customer must return or hand over the goods to the Seller without delay and in any case no later than fourteen days from the day on which the Customer informs the Seller of the withdrawal from this contract. The deadline is met if the Customer sends the goods before the period of fourteen days has expired.
  The Customer bears the direct costs of returning the goods. For goods that, due to their nature, cannot normally be returned to the Seller by mail, the direct costs of return are estimated as follows, depending on the relevant shipping method, for each such item:
  Return via freight forwarding: approx. €500.00
  The Customer is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, characteristics, and functionality.
5. Damage to and soiling of the goods must be avoided by the Customer. The Customer is requested to return the goods to the Seller in their original packaging, together with all accessories and all packaging components.
6. The Customer may need to use protective outer packaging. If the original packaging is missing, the Customer is required to ensure adequate protection against transport damage using suitable packaging.
7. The Customer must return the goods to the Seller with sufficient postage; the goods must not be sent freight collect.
8. Please note that the aforementioned clauses 13.5, 13.6, and 13.7 are not conditions for the effective exercise of the right of withdrawal.
Withdrawal Form
1. To exercise the right of withdrawal, the Customer must inform the Seller of the withdrawal by means of a clear written statement (e.g., by letter, fax, or email). This model withdrawal form may also be used for this purpose:
  Oblik
  Torstr. 69
  10119 Berlin
  Germany
  Email: info@oblik.berlin
  I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)
  ______________________________________________________
  ______________________________________________________
  ______________________________________________________
  ______________________________________________________
  Ordered on (*) ______________ / received on (*) ______________
  Order number(s) _______________________________________
  ______________________________________________________
  Name of consumer(s)
  ______________________________________________________
  Address of consumer(s)
  ______________________________________________________
  Signature of consumer(s) (only if notified on paper)
  _____________________
  Date
  (*) Delete as appropriate
  As of: November 2024

terms

Scope

Data Protection

Conclusion of Contract

Prices and Terms of Payment

Delivery and Shipping Terms

Delivery Times

Retention of Title

Liability for Defects / Warranty

Product Characteristics and Information / Care Instructions

Liability

Alternative Dispute Resolution

Applicable Law / Jurisdiction

Consumer's Right of Withdrawal

Withdrawal Form

Cookies & privacy