General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (One Home GmbH) via the website www.onehome.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods .

(2) By posting the respective product on our website, we are making a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" (or similar designation) button and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to check the details in the order summary again, change them (also via the "back" function of the internet browser), or cancel the order.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless another deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in part automatically. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", the payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Shopify Payments"
When selecting a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment is processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly labeled button on our website as well as in the online ordering process. For payment processing, Stripe may use other payment services; if special payment conditions apply to these, you will be informed of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies additionally:

a) We retain ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment by way of security is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that arise from the resale; we accept the assignment. You are further authorized to collect the claim. Should you not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) Statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before the submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own information and the manufacturer's product description are considered agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.

b) In the case of defects, we provide a warranty at our discretion through repair or replacement. If the rectification of defects fails, you may demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects is considered to have failed after the second unsuccessful attempt, unless otherwise indicated in particular by the nature of the goods or the defect or other circumstances. In the case of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This shortening of the period does not apply:

- to damages culpably caused by us arising from injury to life, body, or health and to other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights regarding defects.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).

(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time the action is filed. The authority to also call upon the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

II. Customer Information

1. Identity of the Seller

One Home GmbH
Vinhovenweg 28
41564 Kaarst
Germany
Phone: +4921312019077
E-mail: info@onehome.de


We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the "Conclusion of the Contract" regulations of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the information required by law for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For requests for offers outside the online shopping cart system, you will receive all contract data sent in the context of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free delivery has been promised.

5.3. Any costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery takes place to an EU member state, but the payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your own risk.

7. Statutory Liability for Defects

Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.