1. general
(1) The following General Terms and Conditions shall apply to all contracts, deliveries and other services of Maxnomic GmbH / www.needforseat.de, Wiesenstrasse 13 B, 34246 Vellmar, hereinafter referred to as NEEDforSEAT, vis-à-vis its customers. The version of the General Terms and Conditions valid at the time of the order shall always apply.
(2) Deviating regulations of the customers are hereby contradicted. NEEDforSEAT only recognizes deviating conditions if this has been expressly agreed in writing. All subsidiary agreements require written confirmation.
(3) The business relations between NEEDforSEAT and the customers are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.The place of jurisdiction shall be Kassel, insofar as the customer is a merchant or a legal entity under public law or a special fund under public law.
(4) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur 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 his commercial or independent professional activity.
(5) We recommend that you print out all transaction data and the General Terms and Conditions (GTC) when placing your order.

2. order confirmation and conclusion of contract
(1) NEEDforSEAT offers its customers, among other things, chairs, seats and accessories on the Internet site http://www.needforseat.de/. The product descriptions contained in the online store do not represent binding offers from NEEDforSEAT but a non-binding online catalog. The offer to conclude the contract is made by the customer upon sending the order process in the NEEDforSEAT online store.
(2) The customer can submit the offer via the online order form integrated in the online store of NEEDforSEAT. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding offer to enter into a contract by clicking on the “Order subject to payment” button that concludes the ordering process. Before binding submission of the order via the online order form, the customer can correct his entries. All entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there accordingly.
(3) The sale of the products offered on www.NEEDforSEAT.de takes place exclusively by NEEDforSEAT and exclusively for own consumption to natural persons or legal entities with unlimited legal capacity. The delivery is made only in quantities customary in the trade. Commercial resale of the product is not permitted without the express permission of NEEDforSEAT. NEEDforSEAT expressly reserves the right to cancel orders placed by obvious resellers. The data required for registration or ordering, such as name, address, e-mail address, etc., must be provided completely and truthfully.
(4) The acceptance of the offer made by the customer and thus a contract is only concluded by an order / order confirmation, which NEEDforSEAT sends after the order by e-mail to the address specified by the customer.
(5) The text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the website of the seller and can be accessed by the customer in his customer account free of charge, provided that the customer has created a customer account in the online store of the seller before sending his order.
(6) The German or English language is available for the conclusion of the contract.

3. right of withdrawal for consumer contracts
(1) Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the NEEDforSEAT cancellation policy.
(2) NEEDforSEAT shall have the goods collected from the customer again at its own expense in the event of a timely revocation.
(3) NEEDforSEAT refunds the purchase price (including shipping costs) in case of revocation after receipt and inspection of the goods. Service fees (cash on delivery fee/express surcharge/island surcharge etc.) are not refundable.

4. prices and delivery
(1) The delivery of the goods is carried out at the prices valid at the time of the order and stated on the internet page http://www.needforseat.de/ – if indicated. Prices are composed of the purchase amount and shipping costs incl. of all taxes and other price components. The prices include, in particular, the applicable statutory value-added tax.
(2) The dispatch of the goods by NEEDforSEAT takes place after advance payment by the customer, in case of payment by cash on delivery immediately after order confirmation. Payment of the purchase price is made immediately after order confirmation by bank transfer / PayPal / SOFORTÜberweisung or cash on delivery.
(3) Unless expressly agreed otherwise, the goods shall be delivered to the address specified by the Customer.
(4) The processing and delivery of the goods by NEEDforSEAT shall take place in the delivery time specified in the order. In case of an order of several goods with different delivery time, the delivery is expected to take place in the delivery time of the product with the longest stated delivery time. The time limit for delivery begins to run in the case of payment in advance on the day after issuing the payment order to the respective payment company or in the case of cash on delivery on the day after conclusion of the contract and ends with the expiry of the last day of the time limit. If the last day of the period falls on a Saturday, Sunday or a general holiday recognized by the state at the place of delivery, the next working day shall take its place.

5. retention of title, set-off
(1) The delivered goods shall remain the property of NEEDforSEAT until fulfillment of all claims from the contract; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until settlement of all claims to which NEEDforSEAT is entitled in connection with the contract.
(2) The customer shall only have the right to offset if its counterclaims are recognized by NEEDforSEAT or have been legally established. The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

6. liability for defects (warranty)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. The limitation period for warranty claims is two years from delivery of the goods.

6. for attention in case of transport damage
(1) If goods are delivered with obvious damage to the packaging or contents, the Customer shall immediately complain to the carrier/freight service without prejudice to its warranty rights and refuse acceptance as well as immediately contact NEEDforSEAT by sending an e-mail to the address kontakt@needforseat.de or by other means (fax/mail) so that NEEDforSEAT can safeguard any rights against the carrier/freight service. The Customer shall assist in the enforcement of the Seller’s claims against the carrier/freight service.
(2) Hidden defects must be reported to NEEDforSEAT – also without prejudice to any warranty rights – immediately after discovery, so that any warranty claims against third parties can be safeguarded.

7. disclaimer
(1) NEEDforSEAT shall be liable without limitation for breaches of duty by NEEDforSEAT or its representatives or vicarious agents that are based on intent or gross negligence. If a non-substantial contractual obligation is culpably violated, the liability of NEEDforSEAT is limited to the foreseeable damage that typically occurs in comparable cases. In all other respects liability is excluded.
(2) The liability of NEEDforSEAT due to injury to life, body and health and the liability according to the Product Liability Act shall remain unaffected by the provisions of paragraphs 1 and 2.

8. data protection
(1) The customer is aware and agrees that the personal data required for processing the order (including name, delivery and billing address, e-mail, IP address) will be stored by NEEDforSEAT on data carriers. The customer expressly consents to the collection, processing and use of his personal data to the extent necessary for the performance of the contract. The stored personal data will of course be treated confidentially by NEEDforSEAT. The collection, processing and use of the customer’s personal data is carried out in compliance with the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the Privacy Policy.
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case NEEDforSEAT is obliged to delete the personal data of the customer immediately. In the case of ongoing order processes, the deletion takes place after the order process has been completed.

9. severability clause
If individual provisions of these General Terms and Conditions and/or the contract supplemented by them are or become invalid, this shall not affect the validity of the other provisions. In the event that an individual provision is invalid, the contracting parties shall endeavor to reach a new agreement, taking into account the interests of both parties, that comes as close as possible to the economic purpose of the invalid provision.