Terms and Conditions (TC)

June 2019, Version No. 1

Terms and Conditions (TC) of:

Building Home Inh. Darrell Yeo Nonnenweg 20, 35394 Gießen, Germany

Tel: +49 159/ 06412912  – E-mail: info@buildinghome.de

Tax ID No.: DE310428910

§ 1 General information

1.1 Building Home Inh. Darrell Yeo offers in particular home furnishings and domestic technology through its online shop under the domains www.buildinghome.de. With the exception of display articles, the goods are all new.

1.2 These TC apply for the entire business relationship between “Building Home” and the customer.

1.3 Customers as defined in these conditions of sale are consumers as well as entrepreneurs.

1.3.1 A consumer is a natural person with whom business relations have been entered into and who acts for a purpose which can neither be attributed to their commercial nor to their independent self-employed activities.

1.3.2 Entrepreneur as defined in these TC is a natural person or legal entity or partnership with legal capacity with whom business relations have been entered into and who acts in their commercial or their independent self-employed capacity.

§ 2 Finding the terms and conditions

2.1 The TC can be viewed in the online shop on the detail page at all times, the link can be found at the bottom of the online shop.

§ 3 Conclusion of a contract

3.1 The products and services listed within the online shop do not represent binding offers by “Building Home”. On the contrary, the offers represent requests to the customer to submit a binding offer to “Building Home”.

3.1.1 Pictures of products as well as drawings or illustrations are only to be understood as approximate product descriptions. The information in the acknowledgement of order is authoritative for the product characteristics.

3.1.2 The products listed within the online shop, meet the requirements of the German market. (example: voltage 230 volts; connections according to German standards). We are not liable if any of the items do not fit the project’s requirement. The customer must decide if the items suit their project or standard required in country of use. It is the responsibility of the buyer to take the final decision before purchasing.

3.2 With the order – whether by telephone, written or electronic – the customer firmly submits his contract offer. “Building Home” shall confirm receipt of this order in the Internet vis-à-vis the customer without delay. To this extent, however, this does not represent acceptance of the order; this may, however, be combined with the declaration of acceptance.

3.3 “Building Home” is entitled to accept the contract offer of the customer within three working days of receipt of said offer. Acceptance may be declared either by explicit notification or by delivery of the goods.

3.4 “Building Home” accepts no procurement risk and reserves the right to release itself from its obligation to fulfil the contract in the event that “Building Home” should not be supplied correctly or properly by outside suppliers. This is without prejudice to the liability of “Building Home” for intent or negligence in accordance with the liability provisions of § 11 of these TC. In the event of the non-availability or only partial availability of the goods or services, ” Building Home” shall inform the customer without delay; in the event of withdrawal, the counter-performance shall be refunded to the customer without delay.

3.5 “Building Home” ships products solely to customers in those countries which are expressly designated as countries of delivery in the “Building Home” online shop.

3.6 The following special regulations apply to contracts with customers:

3.6.1 Whenever customers from Germany or EU countries purchase products from “Building Home”, “Building Home” will bill them for the value-added tax as required by EU law.

3.6.2 If a customer from a non-EU country makes a purchase at ” Building Home ” and requests shipment to a shipping address within the EU, ” Building Home” will itemise and collect the value-added tax applicable for this EU country of delivery. Thus the purchase process is completed with regard to value-added tax. If the customer then, i.e. after the purchase process has been completed, exports the products to a third country not in the EU, “Building Home” will not reimburse the value-added tax originally levied.

3.6.3 Whenever customers from outside of EU countries purchase products from “Building Home”, “Building Home” will not bill them for the value-added tax as the order is export out of the EU.

3.6.4 Respect to liability and warranty of “Building Home”: The warranty (damage compensation, rescission, reduction of purchase price) as well as warranty claims is only covered in Germany.

3.7 All products we sell only in normal household quantities. This applies both to the order of a product in a single order as well as for multiple orders of the same product, which are delivered in close temporal association.

§ 4 Instructions & right of withdrawal for private customers within European Union  (EU)

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you receive, or a third party indicated by you received the product(s).

To exercise the right of withdrawal, you must inform us (Building Home Inh. Darrell Yeo, Nonnenweg 20, 35394 Gie­ßen / Germany, E-Mail: info@buildinghome.de; Tel: +49 159/ 06412912) of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effect of withdrawal for private customers within European Union  (EU)

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).

The returned products must be in perfect condition for resale, with all accessories and in their original packaging. You have the right to open the packaging and to handle the delivered products as long as this does not make the goods unfit for sale. We reserve the right to refuse refunds for damaged or used returned items and/or packaging. The items must not have been installed or used. 

Reimbursement will be made once the products are returned and checked. Please note that some products are neither refundable nor exchangeable, and cannot be cancelled. This mainly concerns custom-made products (special color designs, special orders, etc.). It is the responsibility of the customer to check with us which items cannot be refunded or exchanged.

You will have to bear the direct cost of returning the goods. If we refuse the returned goods when goods are unfit for sale, the cost of shipping back the goods are paid for by the customer. In the event of a partial cancellation of the order, delivery charges are not refunded.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

Instructions & right of withdrawal for international private customers

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you receive, or a third party indicated by you received the product(s).

To exercise the right of withdrawal, you must inform us (Building Home Inh. Darrell Yeo, Nonnenweg 20, 35394 Gie­ßen / Germany, E-Mail: info@buildinghome.de; Tel: +49 159/ 06412912) of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effect of withdrawal for international private customers

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery.

The returned products must be in perfect condition for resale, with all accessories and in their original packaging. You have the right to open the packaging and to handle the delivered products as long as this does not make the goods unfit for sale. We reserve the right to refuse refunds for damaged or used returned items and/or packaging. The items must not have been installed or used. 

Reimbursement will be made once the products are returned and checked. Please note that some products are neither refundable nor exchangeable, and cannot be cancelled. This mainly concerns custom-made products (special color designs, special orders, etc.). It is the responsibility of the customer to check with us which items cannot be refunded or exchanged.

You will have to bear the direct cost of returning the goods. If we refuse the returned goods when goods are unfit for sale, the cost of shipping back the goods are paid for by the customer. In the event of a partial cancellation of the order, delivery charges are not refunded.

We will not liable for freight clearance and transport cost arranged by the customer, as well as tax paid for by the customer at country of delivery

We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

§ 5 Prices, delivery and shipping costs


5.1 The prices listed within the online shop are final prices. Accordingly, they include all price components, including any taxes due. There are additional costs for customs, fees and taxes for cross-border deliveries. For any order over 1000 euros, an export declaration must be made if you reside outside the EU. The export document is mandatory by the German government. A fee of 30 euros will apply.

5.2 Payable delivery and shipping costs are not included in the purchase price. For the dispatch of the goods within Germany as well as abroad, shipping costs are therefore payable; these are also to be borne by the buyer and depend on the concrete article description and the dispatch information contained therein, or further details concerning the calculation of these costs are specified by the online shop.

5.3 The shipping charges apply per order in one complete delivery, unless otherwise agreed. Please note that additional charges for partial deliveries can occur.

5.4 For deliveries outside the EU, packages are delivered to the delivery address indicated when placing the order (incoterm DAP*). When packages are held by the governing bodies of designated countries for any purpose example payment of Tax, it is the responsibility of the customer to take collection of the products at the collection centres.

Orders per pallet to be delivered outside the EU are sent to the designated port with our services (incoterm CFR*). Customs formalities, any additional costs, the collection of the goods at the port and delivery to the desired address are not included. If you would like delivery by air or other services please contact us.

5.5 If the volumetric weight is higher than the actual weight, additional shipping costs will be charged. (Volumetric weight = Length * Width * Height (cm) / 6000 or 5000, depending on the carrier) We will contact you if there are any additional costs to be paid before delivery.

5.6 Building Home is subject to the production and delivery times of manufacturers and suppliers, in the event of delays or unavailability of products, Building Home cannot be held liable and cannot be subject to penalties for delay or unavailability.

§ 6 Terms of payment

6.1 Unless otherwise agreed, the customer can choose from among the payment methods designated in the online shop, including advance payment by bank transfer and credit card. Additional charges may be incurred for certain payment methods.

§ 7 Terms of delivery and shipment

7.1.1 Unless otherwise specified, the goods shall be delivered against advance payment. The goods shall be dispatched at the latest seven working days after receipt of the goods at the “Building Home” warehouse and after the purchase price plus shipping costs to be paid by the customer have been received by “Building Home”.

7.1.2 The goods shall be placed in storage free of charge for max. 2 weeks. Thereafter, storage costs shall be charged.

7.2.1 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to him as soon as the shipment has been handed over to the person responsible for transportation.

7.2.2 With consumers, the risk of accidental loss and accidental deterioration of the goods shall pass to the consumer when the goods are handed over to the consumer.

7.2.3 With respect to the assumption of risk, the terms are identical with those of handover if the customer defaults in accepting the delivery of goods.

7.3 The customer assures that he has given the correct and complete delivery address with his order. If additional shipment costs should be incurred on account of incorrect address data, for example if the shipment costs are incurred once more, these costs must be paid by the customer.

7.4 Unless otherwise specified, delivery shall be effected free kerbside.

§ 8 Retention of title

“Building Home” shall retain ownership of the goods until full payment has been made. If the customer should be an entrepreneur, “Building Home” shall retain ownership of the goods until all claims to which it is entitled against the buyer arising from the business relationship have been met.

§ 9 Warranty (German Warranty only)

9.1.1 If the customer is a consumer, he is entitled to subsequent performance if the goods are defective. This means that the consumer can choose between rectification of the defect or delivery of defect-free goods. “Building Home” is entitled to reject the chosen type of subsequent performance if this is only possible at an unreasonable price.

9.1.2 If subsequent performance fails, the customer, provided he is a consumer, can, at his discretion, demand reduction of the purchase price (abatement), withdrawal from the contract, damages or compensation for wasted expenditures, in accordance with statutory provisions. If he demands damages or compensation for wasted expenditures.

9.2.1 If the customer is an entrepreneur, he must advise “Building Home” of obvious defects within 14 days of receipt of the goods, otherwise no warranty claims can be accepted. Notice of defects must be given in text form, that is, it must be sent to “Building Home” for example by letter or e-mail.

9.2.2 If the customer should be entitled to warranty claims, provided he is an entrepreneur, subsequent performance can be effected by rectification of the defect or through the delivery of new goods, at the discretion of “Building Home”.

9.2.3 If and when the customer, regardless of whether consumer or entrepreneur, fails to realise, either through wilful intent or negligence, that the merchandise is in fact not defective or that the defect which has been determined cannot have occurred in an area under the control of “Building Home” and nevertheless asserts rights under warranty, it is obligated to reimburse “Building Home” for any and all costs incurred as a consequence of the unjustified request for remedy of defects.

9.3.1 The period of limitation for the rights of a consumer in the event of defects in new goods is two years, for the rights of an entrepreneur one year, in each case from the delivery of the goods. This related easing of the period of limitation does not apply if and to the extent that “Building Home” is liable in accordance with § 11 of these TC or it concerns the right in rem of a third party, on the basis of which surrender of the delivery item may be demanded.

9.3.2 Insofar as used goods are sold and the customer is a consumer, the guarantee claims of the buyer come under the statute of limitations in one year from delivery of the goods. This disclaimer of warranties does not apply if and to the extent that “Building Home” is liable in accordance with § 11 of these TC or it concerns the right in rem of a third party, on the basis of which surrender of the delivery item may be demanded.

9.3.3 An entrepreneur has no warranty claims with respect to used goods; this also applies for defects that have occurred after conclusion of the contract but before the passage of risk. This related easing of the period of limitation does not apply if and to the extent that “Building Home” is liable in accordance with § 11 of these TC or it concerns the right in rem of a third party, on the basis of which surrender of the delivery item may be demanded.

9.4 The products should be installed only by suitably qualified companies, and not by unqualified persons. If the products are not installed and/or used correctly, no claims can be accepted from any (manufacturer’s) guarantee. No liability or warranty can be accepted for damage or defects resulting from incorrect installation and/or incorrect use of the sold products.

9.5 The rights of recourse of entrepreneurs as laid down in §§ 478, 479 German Civil Code (Bürgerliches Gesetzbuch, BGB) are not affected by the provisions of § 9.

§ 10 Damage in transit

In the event of damage in transit, the customer shall support “Building Home” to the best of his ability, if claims are to be asserted against the transportation company or transportation insurance company concerned.

10.1 If the (partial) loss or damage is not externally apparent, the customer must advise “Building Home” of this within five days of delivery or the transportation company within seven days of delivery, in order to ensure that any claims against the transportation company are asserted in good time.

10.2 Any rights and claims by the customer, in particular his rights in the event of defects in the goods, remain unaffected by the provisions of § 10.1 of these TC. For this reason, these do not contain any term of preclusion for the rights of the customer in accordance with § 9 of these TC.

§ 11   Liability

11.1 “Building Home” is not liable for damage arising from injury to life, body or health.

11.2 “Building Home” is limited to only contractual obligations.

§ 12  Information according to the Consumer Dispute Resolution Act (German abbr. VSBG)

Building Home does not take part in dispute settlement proceedings before a consumer arbitration board.

§ 13 Final provisions

13.1 The relations between the parties to the contract are governed by the laws applicable in the Federal Republic of Germany. For customers who conclude contracts concerning the delivery of movables for a purpose that cannot be assigned to the professional or commercial activity of the consumer, this choice of legal system only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the laws of the state in which the consumer has his normal place of residence.

13.2 The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby excluded.

13.3 If the customer is a businessman, a legal entity under public law or a separate estate under public law, the place of fulfilment and jurisdiction for all disputes arising from this contractual relationship is the business location of “Building Home”. The same applies in the event that if the customer is an entrepreneur, he should have no general place of jurisdiction in Germany, or in the event that the normal place of residence at the time of the filing of a suit is unknown. In these cases, the sole place of jurisdiction for all disputes arising from this contractual relationship is also the business location of “Building Home”. This does not affect the authorisation to call a court at a different statutory place of jurisdiction.

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