Terms of service
General Terms and Conditions of Poudreuce GmbH
This version is prepared for the online shop, worldwide deliveries, B2C and B2B orders, and delivery to the door with optional delivery to the apartment.
1. Scope
(1) These General Terms and Conditions apply to all orders placed through the online shop of Poudreuce GmbH by consumers and entrepreneurs.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.
(3) An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
(4) These Terms apply to deliveries within Germany as well as to international deliveries to all delivery countries offered in the online shop or at checkout.
(5) Deviating terms of the customer shall not apply unless Poudreuce GmbH has expressly agreed to their application in text form. This also applies where Poudreuce GmbH carries out a delivery in the knowledge of deviating terms.
2. Contracting Party
(1) The purchase contract is concluded with Poudreuce GmbH, Borsigstraße 7, 30916 Isernhagen, Germany.
(2) The Managing Director is Cem Polat.
(3) The contact address for customer enquiries is support@poudreuce.com.
(4) The company is registered with the Local Court of Hannover (Amtsgericht Hannover) under HRB 228044.
(5) The VAT identification number is DE450425835.
3. Contract Language and Prevailing Version
(1) The contract languages are German and English, insofar as Poudreuce GmbH provides an English version of the contract documents.
(2) The German version of these Terms is the legally authoritative version. The English version serves international comprehensibility and is intended to correspond in substance to the German version.
(3) In the event of discrepancies between the German and the English version, the German version shall prevail, unless mandatory law provides otherwise.
4. Offer and Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to the customer to place an order.
(2) The customer may first place products in the shopping cart without obligation and can review and correct their entries at any time before submitting the order, using the usual keyboard and mouse functions and the correction options offered during the order process.
(3) By clicking the order button, the customer submits a binding offer to purchase the goods contained in the shopping cart. The order button is clearly labelled "zahlungspflichtig bestellen" (order with obligation to pay) or with a comparably clear wording.
(4) After receipt of the order, the customer receives an automatic confirmation. This confirmation documents receipt of the order and does not yet constitute acceptance of the offer unless acceptance is expressly declared therein.
(5) The contract is concluded as soon as Poudreuce GmbH expressly accepts the order, transmits a shipping confirmation, begins delivery or delivers the goods.
(6) Poudreuce GmbH is entitled to refuse orders if products are unavailable, if payment or security checks cannot be successfully completed, if delivery obstacles exist, or if there is a suspicion of misuse of the online shop.
5. Customer Account, Order Data, Communication and Storage of Contract Text
(1) Depending on the design of the online shop, an order can be placed with or without a customer account.
(2) The customer is obliged to provide complete and accurate information regarding their person, billing address, delivery address, email address, telephone number and any other information required for the order.
(3) The customer must ensure that the email address they provide is reachable and able to receive emails from Poudreuce GmbH.
(4) Contracts, order confirmations, shipping information and other contract-related communications may be transmitted electronically.
(5) Poudreuce GmbH stores the contract text of the order and sends the customer the order data together with these Terms in text form (e.g. by email). These Terms can be viewed, saved and printed at any time on the website of Poudreuce GmbH. Where a customer account exists, the customer can additionally view their previous orders in the customer account. For security reasons, completed orders are not freely accessible over the internet after conclusion of the contract.
(6) Changes to the delivery address after conclusion of the contract are only possible if Poudreuce GmbH expressly confirms them. Where additional costs arise as a result, these may be charged to the customer.
6. Products, Product Descriptions and Availability
(1) Decisive for the type, scope, properties and design of the products are the product descriptions, images, configuration details and other information in the online shop at the time of the order.
(2) Product images, renderings, videos, room depictions and digital representations serve illustrative purposes. Deviations in colour, brightness, material appearance, structure, grain or surface effect may result from screen settings, lighting conditions, photographic editing or production-related factors.
(3) Minor and customary deviations in dimensions, colours, materials, surfaces, structure, seams, fittings or technical details do not constitute a defect, provided they are reasonable for the customer and do not materially impair the contractual use.
(4) Poudreuce GmbH is entitled to change, expand or discontinue products, colours, materials, features and configuration options, provided that orders already confirmed are not adversely altered without the customer's consent.
(5) If an ordered product is permanently unavailable, Poudreuce GmbH will inform the customer and refund any payments already made, unless a replacement product or a later delivery date is agreed.
7. Configured and Custom-Made Products
(1) Where the online shop enables the customer to select colours, materials, dimensions, features, combinations or other product characteristics, the contractually owed design results from the configuration confirmed at checkout.
(2) The customer is responsible for checking their configuration before submitting the order.
(3) For goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer, the statutory right of withdrawal may be excluded in accordance with Section 312g(2) of the German Civil Code (BGB). The mere selection from predefined standard options does not, without more, lead to an exclusion of the right of withdrawal.
(4) Whether a product is deemed custom-made depends on the specific product design, the order and the statutory requirements. Poudreuce GmbH provides separate notice of any exclusion of the right of withdrawal in the relevant offer or in the withdrawal instructions, before the order is placed.
8. Prices, Taxes and Invoices
(1) The prices stated in the online shop at the time of the order apply.
(2) For deliveries within the European Union, the stated prices include statutory value added tax, insofar as this is applicable and not stated otherwise at checkout.
(3) For deliveries outside the European Union, the tax treatment may depend on the delivery address, the country of destination and the settings at checkout.
(4) Additional customs duties, import VAT, import charges, local taxes, handling fees of parcel services or carriers and other costs in the country of destination are not included in the product price unless they are expressly stated as included at checkout.
(5) The customer receives an invoice in electronic form, unless mandatory law or a separate agreement provides otherwise.
9. Payment Methods, Payment Processing, Set-off and Retention
(1) Payment is made via the payment methods offered at checkout.
(2) Depending on availability, in particular credit card, debit card, Apple Pay, Google Pay, PayPal, Shopify Payments, Shop Pay, Klarna, EPS or other payment methods may be offered.
(3) The customer has no claim to a particular payment method.
(4) The payment means is charged in accordance with the terms of the respective payment service provider.
(5) In the event of default in payment, the statutory provisions apply.
(6) Poudreuce GmbH is entitled to withhold or cancel an order as long as a payment has not been received in full, a payment authorisation has been revoked, a payment risk exists or a security check cannot be successfully completed.
(7) The customer may only set off claims that are undisputed or have been finally established by a court. A right of retention is available to the customer only insofar as their counterclaim is based on the same contractual relationship. Vis-à-vis consumers, these restrictions apply only insofar as they are compatible with mandatory consumer law; in particular, the consumer's rights in the event of defective goods remain unaffected.
10. Vouchers, Discount Codes and Promotions
(1) Vouchers, discount codes and promotional benefits apply only under the respectively stated conditions.
(2) Cash payment is excluded unless mandatory law provides otherwise.
(3) Discount codes may be limited in time, limited in quantity, product-related or country-related.
(4) Several discount codes may only be combined if this is expressly enabled at checkout.
(5) In the event of withdrawal, cancellation, return or revocation, the benefit granted within the scope of a promotion may lapse, insofar as this is legally permissible.
11. Delivery Area
(1) Poudreuce GmbH offers worldwide deliveries, insofar as the respective country is available as a delivery country in the online shop or at checkout.
(2) Poudreuce GmbH may exclude individual countries, regions, islands, special territories, crisis areas or hard-to-reach areas from delivery or deliver only after individual examination.
(3) A claim to delivery to a particular country or area only exists if the delivery was offered at checkout and the order was accepted.
(4) For international deliveries, Poudreuce GmbH may contact the customer where special transport, customs or delivery conditions need to be clarified.
12. Shipping Costs
(1) Within Germany, Austria and Switzerland, standard delivery may be offered free of charge, provided this is indicated in the online shop or at checkout.
(2) For deliveries outside the DACH region (Germany, Austria, Switzerland), additional shipping costs may apply.
(3) The shipping costs applicable to the order are displayed to the customer at checkout before completion of the order.
(4) Additional costs for special delivery types, deliveries to hard-to-reach areas, island surcharges, express deliveries, scheduled deliveries or floor deliveries are only charged if they are stated at checkout or separately agreed.
(5) Shipping costs concern the transport of the goods. Customs duties, import charges and local taxes are to be considered separately.
13. Scope of Delivery, Delivery to the Door and Delivery to the Apartment
(1) Standard delivery comprises shipment of the goods to the delivery address and, depending on the type of transport, to the first accessible front door, building entrance door or a comparable accessible handover point at the delivery address.
(2) Standard delivery does not include assembly, installation, mounting, wall fixing, electrical installation, disposal of packaging material or transport within the apartment, unless this has been expressly offered and confirmed at checkout or in a separate agreement.
(3) Delivery to the apartment, to the floor or to a specific room may be offered for an additional charge, provided this is available at the place of delivery and is confirmed at checkout or in a separate agreement.
(4) The customer is obliged to check, before ordering, whether the stairwell, lift, hallways, doors, access roads and other access routes are suitable for the ordered products.
(5) If delivery to the apartment, to the floor or to a specific room is not possible for factual reasons, although it was booked, delivery may be made to the nearest accessible handover point. The customer's statutory rights remain unaffected.
14. Delivery Times and Delivery Dates
(1) Delivery times result from the respective product page or from the information at checkout.
(2) Unless otherwise stated, delivery times begin after conclusion of the contract and full receipt of payment or after successful payment authorisation.
(3) For products that are manufactured, pre-configured or transported internationally, delivery times may depend on production, customs, freight forwarding and logistics processes.
(4) Delivery dates are only binding if they have been expressly confirmed as binding in text form.
(5) Partial deliveries are permissible insofar as they are reasonable for the customer. The customer incurs no additional shipping costs as a result, provided the partial delivery was initiated by Poudreuce GmbH.
(6) In the event of delivery delays, Poudreuce GmbH will inform the customer as soon as a relevant delay becomes foreseeable.
15. International Deliveries, Customs and Import Charges
(1) For international deliveries outside Germany, customs formalities, import charges, local taxes, import VAT, customs clearance fees or other costs in the country of destination may apply.
(2) Unless it is expressly stated at checkout that customs duties, import charges and local taxes are included in the purchase price or in the shipping costs, delivery is made on the "Delivered At Place" basis. In this case, the customer bears the import charges, taxes, customs duties and official costs arising in the country of destination.
(3) The customer is responsible for informing themselves, before ordering, about import regulations, prohibitions, licensing requirements, local taxes and other requirements of their country of destination.
(4) If deliveries are returned, stored, destroyed or seized due to missing import requirements, refused customs clearance, non-payment of import charges, incomplete information or official measures, the customer bears the resulting costs, insofar as the customer is responsible for the cause and insofar as this is legally permissible.
(5) Poudreuce GmbH may require the customer's cooperation in customs and import processing where this is necessary. If the required cooperation is not provided, any additional costs arising may be charged to the customer, insofar as legally permissible.
16. Customer Obligations upon Delivery
(1) The customer must ensure that the delivery address is correct, complete, reachable and accessible for the transport vehicle.
(2) The customer must ensure that the goods can be accepted on the agreed delivery date.
(3) For forwarding (freight) deliveries, telephone or electronic scheduling may be required. The customer must provide a reachable telephone number and email address.
(4) The customer must prepare the place of delivery in advance so that delivery can take place without avoidable obstacles.
(5) For delivery to the apartment or floor, the customer must ensure that the access routes are sufficiently wide, clear, safe and legally usable. This includes in particular the access road, building entrance, stairwell, lift, hallways and doors.
17. Default of Acceptance, Failed Delivery and Incorrect Addresses
(1) If the customer does not accept the goods, the customer cannot be reached, the delivery address is incorrect or incomplete, or delivery fails for a reason for which the customer is responsible, Poudreuce GmbH may claim the additional costs incurred as a result, insofar as this is legally permissible.
(2) The additional costs may include in particular storage costs, demurrage charges, return transport costs, renewed shipping costs, costs for further delivery attempts, customs costs and handling fees.
(3) Statutory rights of Poudreuce GmbH due to default of acceptance remain unaffected.
(4) For consumers, these provisions apply only insofar as they are compatible with mandatory consumer law.
18. Passing of Risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods generally passes only upon handover of the goods to the consumer or to a person authorised by them to receive the goods.
(2) For entrepreneurs, the risk passes to the entrepreneur as soon as the goods have been handed over to the carrier, forwarding agent, freight carrier or other person designated to carry out the shipment, unless mandatory law provides otherwise.
(3) If shipment is carried out at the customer's request to a place other than the place of performance, the statutory provisions apply.
19. Retention of Title
(1) The goods remain the property of Poudreuce GmbH until full payment.
(2) Vis-à-vis entrepreneurs, Poudreuce GmbH retains title to the goods until all claims arising from the ongoing business relationship have been settled in full.
(3) The customer may not alter, pledge, assign as security or pass on goods subject to retention of title to third parties before full payment, unless this takes place in the ordinary course of business of an entrepreneur and is legally permissible.
20. Right of Withdrawal for Consumers
(1) Consumers generally have a statutory right of withdrawal for distance contracts.
(2) Details on the requirements, deadlines, exercise and consequences of withdrawal result from the separate withdrawal instructions of Poudreuce GmbH, which are provided together with the model withdrawal form.
(3) For goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer, the right of withdrawal may be excluded pursuant to Section 312g(2) BGB. Separate notice of any such exclusion is provided before the order is placed.
(4) Entrepreneurs are not granted a voluntary right of withdrawal.
21. Returns in the Event of Withdrawal
(1) In the event of an effective withdrawal of non-defective goods, the consumer bears the direct costs of returning the goods, insofar as this is legally permissible and the consumer has been duly informed thereof.
(2) Large or bulky furniture items generally cannot be returned by parcel; in such cases the return is made by forwarding agent or furniture transport. Since such goods cannot, by their nature, be returned by normal post, Poudreuce GmbH indicates the costs likely to be incurred for this in the withdrawal instructions or for the respective product at checkout.
(3) The return address is, unless a different address is communicated in an individual case, Poudreuce GmbH, Borsigstraße 7, 30916 Isernhagen, Germany.
(4) The customer must package the goods appropriately for return transport and protect them against transport damage.
(5) The consumer's statutory rights remain unaffected.
Placeholder: Please state the likely amount of the return costs for forwarding (bulky) goods specifically (e.g. "approx. EUR 80–250 depending on product and delivery address") and include it in the withdrawal instructions. Without this information, the return costs cannot be effectively imposed on the consumer.
22. Compensation for Loss of Value
(1) The consumer may inspect the goods as necessary to establish their nature, characteristics and functioning.
(2) If handling of the goods goes beyond this inspection and a loss of value results, Poudreuce GmbH may claim compensation for the loss of value, insofar as the statutory requirements are met.
(3) Compensation for loss of value may be considered in particular if the goods are damaged, heavily soiled, improperly handled, altered, assembled, used beyond a customary inspection or returned incomplete.
(4) The withdrawal is not automatically excluded by a possible compensation for loss of value. However, Poudreuce GmbH may offset the legally permissible compensation against the refund amount or assert it separately.
23. Transport Damage
(1) If the goods are delivered with obvious transport damage, the customer is requested to document the damage with the carrier as soon as possible and to contact Poudreuce GmbH without delay.
(2) The customer is requested to provide photos or videos of the damage, the packaging, the delivery documents and the condition of the goods, insofar as this is reasonable.
(3) These duties to cooperate are not a precondition for the consumer's statutory rights.
(4) For entrepreneurs, the statutory duties of inspection and notification of defects apply.
24. Defects and Warranty
(1) The statutory warranty rights apply.
(2) In the event of justified defects, Poudreuce GmbH may provide subsequent performance in accordance with the statutory provisions. Depending on the individual case, subsequent performance may take place through repair, supply of spare parts, replacement, substitute delivery or another legally permissible measure.
(3) For entrepreneurs, the limitation period for claims based on defects in newly manufactured goods is one year from the passing of risk, insofar as this is legally permissible.
(4) The limitation periods for statutory rights of recourse, claims for injury to life, body or health, claims under the Product Liability Act, and claims for intentional or grossly negligent breach of duty remain unaffected.
(5) In particular, deviations described in these Terms as customary, technically conditioned or reasonable do not constitute defects.
25. Duty of Inspection and Notification for Entrepreneurs
(1) If the customer is an entrepreneur and the purchase is a commercial transaction for both parties, the statutory duties of inspection and notification of defects apply.
(2) The entrepreneur must inspect the goods without delay after delivery and notify any recognisable defects without delay in text form.
(3) If timely notification is omitted, the goods are deemed approved, insofar as the statutory requirements are met.
(4) Hidden defects must be notified without delay after discovery in text form.
26. Use, Assembly and Product Safety
(1) The products are to be used exclusively for their intended purpose and in accordance with any product information, care instructions, assembly instructions and safety instructions.
(2) Where products require self-assembly, positioning, wall fixing or electrical components, the customer is responsible for carrying out this work professionally and safely or having it carried out by a suitable specialist.
(3) Poudreuce GmbH does not owe any assembly, installation, mounting, wall fixing or electrical installation, unless this has been expressly and separately agreed.
(4) Before use, the customer must check whether the installation location is suitable, in particular with regard to floor condition, load-bearing capacity, moisture, heat, sun exposure and safety distances.
(5) Improper use, improper assembly, unauthorised modifications, overloading or non-observance of care and safety instructions may impair rights based on defects, insofar as the damage was caused thereby.
27. Product Safety, Take-Back of Old Devices and Batteries, Packaging
(1) The products offered by Poudreuce GmbH comply with the product safety requirements applicable at the place of sale. Safety and usage instructions as well as information on the manufacturer or responsible person are provided in the product information, on the product or in the accompanying documents.
(2) If products contain electrical or electronic components (e.g. lighting), these may not be disposed of with unsorted household waste at the end of their service life. Consumers can return old devices free of charge in accordance with the German Electrical and Electronic Equipment Act (ElektroG). Information on the take-back options of Poudreuce GmbH is available from consumers at support@poudreuce.com.
(3) If products contain batteries or rechargeable batteries, these may not be disposed of with household waste. Consumers are legally obliged to take used batteries to a suitable collection point or to a retailer; return to Poudreuce GmbH is possible within the scope of the statutory requirements.
(4) Poudreuce GmbH participates, for its sales packaging, in the legally required take-back and recovery systems.
Placeholder: Please enter, if available – the WEEE registration number (Stiftung EAR), the registration number under the German Battery Act (BattG) and the LUCID registration number (packaging register). The underlying registrations must actually exist before the corresponding products are sold.
28. Care, Material and Environmental Conditions
(1) The customer must observe the care instructions and material instructions.
(2) Natural materials, wood, veneers, fabrics, leather, imitation leather, lacquers, metals, mirrors, glass and surfaces may react differently to light, moisture, heat, cleaning agents, friction or signs of use.
(3) Normal wear, signs of use, material-typical changes and damage caused by unsuitable cleaning or unsuitable environmental conditions do not constitute a defect, insofar as no statutory liability exists.
29. Liability
(1) Poudreuce GmbH is liable without limitation in the event of intent and gross negligence.
(2) Poudreuce GmbH is liable without limitation for injury to life, body or health.
(3) Liability under the Product Liability Act remains unaffected.
(4) In the event of slightly negligent breach of essential contractual obligations, Poudreuce GmbH is liable only for the foreseeable damage typical of the contract. Essential contractual obligations are obligations the fulfilment 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.
(5) In all other respects, liability is excluded, insofar as legally permissible.
(6) The above limitations of liability also apply in favour of the legal representatives, employees, vicarious agents and contractors of Poudreuce GmbH.
30. Force Majeure and Extraordinary Events
(1) Poudreuce GmbH is not liable for delays or performance obstacles caused by events beyond its reasonable control.
(2) These include in particular natural disasters, fire, floods, war, terrorism, strikes, lockouts, pandemics, epidemics, official measures, embargoes, energy failures, transport disruptions, port disruptions, customs delays, supply chain disruptions and failures of upstream suppliers.
(3) In these cases, the delivery period is extended appropriately.
(4) If a performance obstacle lasts significantly longer and adherence to the contract is no longer reasonable for one party, the statutory rights apply.
31. Fraud Prevention and Misuse
(1) Poudreuce GmbH is entitled to examine orders if there are indications of fraud, identity misuse, payment fraud, misuse of discount codes, automated orders or other unlawful use of the online shop.
(2) In such cases, Poudreuce GmbH may request additional information, withhold the order or cancel the order, insofar as this is legally permissible.
(3) Payments already made will be refunded, insofar as no statutory right of retention exists.
(4) Details on the processing of personal data in the context of fraud prevention and any credit assessment result from the privacy policy.
32. Rights to the Content of the Online Shop
(1) Texts, product images, renderings, videos, graphics, designs, trademarks, logos, configurators and other content of the online shop are protected by copyright, trademark law or other rights.
(2) Any use, reproduction, editing, distribution or public communication is not permitted without the prior consent of Poudreuce GmbH, unless a statutory exception exists.
(3) Product images and renderings may not be used for one's own commercial purposes, advertising, marketplace listings or third-party social media content unless express permission has been granted.
33. Data Protection
(1) Information on the processing of personal data results from the separate privacy policy of Poudreuce GmbH.
(2) The privacy policy is not part of these Terms but informs the customer about the nature, scope and purposes of data processing.
34. Consumer Dispute Resolution
(1) Poudreuce GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board, unless there is a statutory obligation.
(2) Statutory information obligations remain unaffected.
35. Applicable Law and Place of Performance
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn.
(3) Mandatory consumer protection provisions of the consumer's country of residence remain unaffected.
(4) The place of performance for all services arising from the business relationship existing with Poudreuce GmbH vis-à-vis entrepreneurs is the registered office of Poudreuce GmbH, unless mandatory law provides otherwise.
36. Place of Jurisdiction for Entrepreneurs
(1) If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Hannover, Germany, insofar as legally permissible.
(2) The same applies if the entrepreneur has no general place of jurisdiction in Germany or relocates their registered office abroad after conclusion of the contract.
37. Amendments to These Terms
(1) The version of these Terms valid at the time of the order is decisive.
(2) Poudreuce GmbH may amend these Terms for future orders.
(3) Contracts already concluded are not affected by subsequent amendments, unless mandatory law or a separate agreement provides otherwise.
38. Severability Clause
(1) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.
(2) In place of the invalid provision, the statutory provisions apply.
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