General Terms and Conditions of OBI Home and Garden GmbH

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

These terms and conditions also apply to future business relationships with businesses without the need for further notification. If the business uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract

The purchase contract is concluded with 3NRG GmbH

The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you submit a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit it.

The point at which the contract with us comes into effect depends on the payment method you have chosen:

Payment method – Bank transfer only

Payment for your order is exclusively via bank transfer (prepayment) .
Other payment methods such as PayPal, credit card or cash are not accepted.

After completing your order, you will automatically receive a pro forma invoice with our bank details.
The goods will only be shipped after full payment has been received in our bank account.

Right of withdrawal (OBI Home and Garden GmbH)

Valid for the online shop “HolzHeiz. Onlineshop der OBI Home and Garden GmbH”.

Cancellation Policy

You have the right to cancel this contract within the statutory cancellation period of 14 days without giving any reason

The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear written statement.
Please send your withdrawal by email to:

📧 info@holzheiz.com
or by post to:

OBI Home and Garden GmbH
Albert-Einstein-Straße 7-9
42929 Wermelskirchen
Germany

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs , without undue delay and at the latest within 14 days from the day on which we received your notification of withdrawal

We will use the same payment method for the refund that you used for the original transaction, unless expressly agreed otherwise. You will not be charged any fees for the refund.

We may refuse to refund your money until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Returning the goods

You must return or hand over the goods to the following address without undue delay and at the latest within 14 days from the day on which you informed us of your withdrawal:

OBI Home and Garden GmbH / HolzHeiz
Albert-Einstein-Straße 7-9
42929 Wermelskirchen
Germany

The deadline is met if you send the goods before the 14-day period expires.

Return shipping costs

The customer bears the return shipping costs

• Parcel shipping: €10.00 per parcel
• Palletized goods: Costs depend on weight, distance and shipping company; to be borne entirely by the customer.

If the cancellation is declared before the goods have left our warehouse , no return shipping costs will be incurred.

Loss of Value

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality

Responsible according to § 55 para. 2 RStV

OBI Home and Garden GmbH
Albert-Einstein-Straße 7-9
42929 Wermelskirchen
Germany

Consequences of withdrawal

Parcel shipping

If you cancel this contract, we will reimburse all payments received from you, including delivery costs by post or parcel service, without undue delay and at the latest within fourteen days from the day on which we received your cancellation notice

For this refund, we will use the same payment method you used for the original transaction, unless we have expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund.

We may refuse reimbursement until we have received the goods back or you have provided proof that the goods have been returned, whichever is the earlier.

You must return or hand over the goods to HolzHeiz GmbH / HolzHeiz (Säuritzer Str. West 1a) without undue delay and in any event no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing the nature, characteristics and functioning of the goods.

Shipping by freight forwarder

If you cancel this contract, we will reimburse all payments received from you, including any additional delivery charges incurred by using a freight forwarder, without undue delay and at the latest within three weeks from the day on which the goods were received at our warehouse

For this refund, we will use the same payment method you used for the original transaction, unless we have expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund.

We may refuse reimbursement until we have received the goods back or you have provided proof that the goods have been returned, whichever is the earlier.

Due to their nature, the goods we deliver cannot be sent by post. Therefore, returns must be made via a freight carrier. You are responsible for the direct costs of returning the goods. If you commission us (HolzHeiz GmbH) to handle the return transport, the costs are: €80.00 per pallet up to 300 kg and €120.00 per pallet up to 1,000 kg. If you commission your own freight carrier, standard local and distance-specific costs will apply – these can be obtained from the respective carrier.

You are only liable for any loss in value of the goods if this loss in value is due to handling that is not necessary for testing the nature, characteristics and functioning of the goods.

If the goods shipment has not yet left the warehouse in the event of a cancellation, you will not incur any costs.

Cancellation Form

If you wish to cancel the contract, please fill out this form and return it to us

To
HolzHeiz GmbH – HolzHeiz

Email: kontakt@holzheiz.com

by fax to: o or by email to:  kontakt@holzheiz.com

I/We hereby revoke ^the contract concluded  by me/us ^for  the purchase of the following goods ^/  the provision of the following service ^.

 Ordered on ^* / received on ^*

Consumer's name(s)

Consumer's address

Consumer's signature 
(only for notifications on paper)

Date

* Delete as appropriate

Special Notes

If you finance this contract with a loan and later cancel it, you are also no longer bound by the loan agreement, provided both contracts constitute a single economic unit. This is particularly likely if we are also your lender or if your lender uses our services for the financing. If the loan has already been disbursed to us when the cancellation takes effect, your lender assumes our rights and obligations under the financed contract with respect to the legal consequences of the cancellation or return. The latter does not apply if this contract concerns the acquisition of financial instruments (e.g., securities, foreign currency, or derivatives). If you wish to avoid any contractual obligation as far as possible, exercise your right of cancellation and also cancel the loan agreement if you are entitled to do so.

3. Contract Language, Contract Text Storage

The language available for concluding the contract is German

We save the contract text and send you the order details and our terms and conditions by email. You can view the contract text in your customer login.

4. Delivery Terms

We offer free shipping within Germany. Shipping costs may apply in addition to the stated product prices. Further details regarding any applicable shipping costs can be found in the individual offers

You have the option of collecting your order from HolzHeiz Abholmarkt, Säuritzer Straße West 1a, 01906 Burkau, Germany during the following business hours: Monday to Friday from 8:00 a.m. to 6:00 p.m., Saturdays from 9:00 a.m. to 12:00 p.m.

We do not deliver to parcel lockers.

5. Payment

The following payment methods are generally available in our shop:

Prepayment (bank transfer):
If you select prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card:
When placing your order, you provide your credit card details. After your verification as the legitimate cardholder, the payment transaction will be processed automatically and your card will be charged.

During the order
process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered with PayPal or register first, log in with your access data, and confirm the payment instruction to us. After you place your order in our shop, we will request PayPal to initiate the payment transaction.
The payment transaction will then be processed automatically by PayPal. You will receive further instructions during the ordering process.

Klarna.
After submitting your order, you will be redirected to the online provider's website. To pay the invoice amount via Klarna, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will then be processed immediately by Klarna, and your account will be debited.

Giropay:
After submitting your order, you will be redirected to your bank's website. To pay the invoice amount via Giropay, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be processed immediately, and your account will be debited.

6. Retention of Title

The goods remain our property until full payment has been received.
For businesses, the following applies in addition: We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations

7. Transport Damage

For consumers:
If goods are delivered with obvious transport damage, please report such damage to the delivery person as soon as possible and contact us immediately. Failure to report damage or contact us will not affect your statutory rights or their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company

For businesses:
The risk of accidental loss or damage passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. For merchants, the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

(1) Unless expressly agreed otherwise below, the statutory warranty law shall apply.

(2) Unless expressly designated by us as binding, the illustrations or drawings contained in our online shop and data sheets are only approximate.

(3) If the delivered goods do not conform to the specifications agreed between you and us, or if the products are not suitable for the use stipulated in our contract or for general use, or if they do not possess the characteristics that you could reasonably expect based on our public statements, we are obligated to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance under applicable law.

(4) You initially have the choice of whether the remedy should be repair or replacement. However, we are entitled to refuse your chosen remedy if it is only possible at disproportionate cost and the other remedy remains without significant disadvantage to you as the customer. During the remedy process, you as the customer are not entitled to a reduction in the purchase price or to withdraw from the contract. A repair is considered unsuccessful after the second failed attempt, unless the nature of the item or the defect, or other circumstances, indicate otherwise. If the remedy fails or we refuse to provide a remedy altogether, you as the customer may, at your discretion, demand a reduction in the purchase price (abatement) or withdraw from the contract.
For purchases of used goods by consumers, the following applies: If the defect appears after one year from delivery of the goods, any claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

(5) If the delivered goods are defective, we will, at our discretion, initially provide a remedy to businesses by either repairing the defect or delivering a replacement.
For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk. Used goods are sold excluding any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected. With respect to businesses, only our own specifications and the manufacturer's product descriptions that have been incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.

(6) The foregoing limitations and reductions of time limits shall not apply to claims based on damages caused by us, our legal representatives or agents.

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed
• insofar as the scope of application of the Product Liability Act is open.

Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents

• in case of injury to life, body or health,
• in the case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. All other claims for damages are excluded.

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here:  https://ec.europa.eu/consumers/odr/ .
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board

11. Final Provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Version: January 2024 / V.01/24

These terms and conditions are protected by copyright. Use by third parties is not permitted.