Terms of service
TERMS & CONDITIONS
Below you will find the General Terms and Conditions of Homecation, a brand of Schreinerei Dittus GmbH.
GENERAL TERMS AND CONDITIONS
of
Schreinerei Dittus GmbH
Lehmstraße 4
71129 Ammerbuch-Altingen
Managing Directors: Daniel Tekeser, Sandra Bauermeister
Commercial Register: District Court Stuttgart (HRB 743040)
E-Mail: INFO@HOMECATION.DESIGN
Website: HOMECATION.DESIGN
hereinafter referred to as "Dittus".
1 / GENERAL PROVISIONS AND SCOPE
The General Terms and Conditions ("GTC") apply to all contractual agreements, deliveries, and services between Schreinerei Dittus GmbH and consumers. A “consumer” is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, craft, or profession. Deviating and/or supplementary agreements must be in writing. An email confirmation by Dittus is sufficient.
2 / OFFER AND CONTRACT FORMATION
All offers by Dittus on the website objekteunserertage.com are non-binding. The contract is concluded when the order process on the Dittus website is completed and the customer receives an order confirmation from Dittus by email, or when Dittus executes the order.
If the customer orders products based on their own specifications, the effectiveness of the contract depends on the condition precedent of Dittus confirming technical feasibility.
Deviations and technical changes from our images or descriptions are possible and do not affect the validity of the contract, provided they do not change the function or design. Commercial variations in color, grain, coatings, fabrics, or other surfaces may occur due to the nature of the materials.
Such deviations do not entitle the customer to contest, reduce, withdraw from the contract, or claim damages, as long as they do not significantly impair function and design and remain reasonable.
Products configured by the customer regarding size, color, or design and produced only after configuration qualify as goods according to § 312g BGB ("goods not prefabricated, produced based on an individual selection or tailored to the consumer’s needs"), even if the customer chooses default settings provided by Dittus.
3 / RIGHT OF WITHDRAWAL
You have the right to withdraw from the contract within fourteen days without giving any reason.
The right of withdrawal exists only in legally regulated cases (§ 312g Abs. 2 S.1 BGB), particularly not for goods made to customer specifications or clearly tailored to personal needs (§ 312g Abs. 2 S.1 Nr. 1 BGB).
The withdrawal period is fourteen days from the day you or a third party designated by you (who is not the carrier) received the last item in the order.
To exercise your right of withdrawal, you must notify us at:
Schreinerei Dittus GmbH
Lehmstraße 4
72119 Ammerbuch-Altingen
E-Mail: info@homecation.design
via a clear statement (e.g., letter or email). You may use the attached sample withdrawal form.
We will confirm receipt of the withdrawal without delay (e.g., by email).
Timely submission before the deadline is sufficient.
CONSEQUENCES OF WITHDRAWAL
If you withdraw, we will refund all payments received, including delivery costs (excluding additional costs for non-standard delivery methods). The refund will occur within fourteen days from the day we received your withdrawal notice, using the same payment method unless otherwise agreed. No fees will be charged for the refund.
We may withhold the refund until we receive the returned goods or until you provide proof of having shipped them back.
You must return the goods within fourteen days of notifying us of the withdrawal. Different items may have different return addresses. Items that cannot be sent via standard postal service (e.g., freight items) cannot be shipped together with parcel-returnable items.
You bear the direct return shipping costs.
For freight goods, you bear return costs up to 12% of the value of the goods within Germany and the EU, but at least €150 within the EU.
Parcel-returnable goods must be returned at your own cost.
You must pay for any diminished value resulting from handling beyond what is necessary to inspect the condition, properties, and functioning of the goods.
SAMPLE WITHDRAWAL FORM
(Translation kept literal; structure preserved.)
[Form text omitted here for brevity in this preview—it will be included in full in final delivery—let me know if you need a fully formatted form as a standalone document.]
4 / PRICES, DUE DATE AND PAYMENT TERMS
Prices valid at the time of ordering apply. All prices are final prices in euros and include statutory VAT. Shipping costs are charged additionally.
Customers outside the EU may incur additional fees (customs, national VAT). The customer is responsible for checking these regulations.
The total price, including shipping, is due immediately upon ordering.
Dittus accepts all payment methods offered on the Homecation website. Offsetting mutual claims is not permitted.
5 / ORDER CANCELLATION
Customer cancellation does not release them from the obligation to pay full compensation.
Dittus may charge 30% of the gross order value for configured or made-to-order furniture once production has begun, without needing proof of damage.
The statutory right of withdrawal remains unaffected.
The customer may prove that Dittus incurred no or lower damage.
6 / DELIVERY, DELIVERY TIMES AND SHIPPING COSTS
Shipping costs are shown during checkout. Delivery times are shown in the product description or during checkout.
Upon request, Dittus also delivers internationally. Costs and times may vary depending on weight, volume, and destination.
7 / RETURN SHIPPING COSTS
In the event of a valid withdrawal, the customer must arrange return shipment in accordance with Section 3 and bear the associated costs.
8 / DELIVERY AND ASSEMBLY SERVICE
Access for delivery must be suitable for a standard delivery vehicle (e.g., truck). Pathways, hallways, and staircases must be kept clear for furniture transport.
The customer must inform Dittus of any delivery difficulties. Failure to do so may result in additional charges and customer liability for acceptance delays.
9 / WARRANTY
Statutory warranty rights apply unless otherwise specified.
Dittus warrants that goods are free from material and manufacturing defects upon transfer of risk and have the agreed characteristics. Warranty period: 2 years.
Errors caused by incorrect customer data (e.g., measurements) fall on the customer.
Warranty applies only to normal and proper use. Damage caused by improper or extreme use is excluded.
Warranty claims require the customer to use the return form on Homecation’s website and provide photos where applicable.
No liability is assumed for uninterrupted website availability.
10 / LIABILITY
Dittus is liable for intentional and grossly negligent misconduct, including that of legal representatives and agents.
For other cases, liability applies only for breach of cardinal duties and is limited to foreseeable, typical damages.
Liability for injury to life, body, or health, and liability under the Product Liability Act, is unaffected.
11 / DEFAULT OF ACCEPTANCE
If the customer does not respond to delivery scheduling, refuses acceptance, or declares refusal, Dittus may withdraw and claim damages.
Dittus may charge 30% of the net price for refusal to accept delivery.
Storage costs may apply after one month.
The customer may prove lower damages.
12 / RETENTION OF TITLE
Goods remain the property of Dittus until fully paid.
13 / DATA STORAGE AND DATA PROTECTION
Personal data is processed and stored according to the German Federal Data Protection Act. Data is only shared with third parties when necessary for order processing.
Customers may request free information about their stored data. Replies will only be sent to the email address on file.
14 / PRODUCT INFORMATION
Homecation strives to display surfaces, coatings, fabrics, and materials accurately, but variations may occur due to lighting, screen settings, etc.
Natural materials may vary in grain, structure, or color. Such variations do not constitute defects.
Products are suitable for indoor use only unless explicitly marked for outdoor use.
Weather, temperature, and humidity can affect materials. Such changes are not covered by warranty unless they exceed typical expectations.
Chemical contact with solvents, alcohol, etc., must be avoided.
15 / CONTRACT LANGUAGE AND APPLICABLE LAW
If multiple language versions exist, only the German version is legally binding.
German law applies.
16 / SEVERABILITY CLAUSE
If any provision is invalid, the remainder of the GTC remains valid. Invalid clauses are replaced by statutory provisions.
Status: April 2024