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Terms of business

  1. 1. Scope of application

    1. 1.1 These terms and conditions (hereinafter "conditions") apply to the booking of craftsman services by customers (hereinafter "customer" or "you") of Home3Sixty GmbH, Ullsteinstraße 114 - 142, Turm C, 1. Stock, 12109 Berlin (hereinafter "Homebell" or "we"). All services of Homebell towards customers are based exclusively on these terms and conditions.
    2. 1.2 As far as "consumer" or "entrepreneur" is mentioned in the following, the statutory definitions apply: The customer is a consumer, as far as the purpose of the services required cannot be attributed to their commercial or freelance professional activity. By contrast, an entrepreneur is any natural or legal person or judicable partnership carrying out their commercial or freelance professional activity when concluding the contract.
    3. 1.3 Deviating, conflicting or supplementary terms of the customer are not part of the contract.

  2. 2. Contract purpose, Homebell services

    1. 2.1 Homebell provides craftsman’s services to customers. Contracts between customers and Homebell about craftsman’s services are contracts for work.
    2. 2.2 The current service spectrum from Homebell can be found on the website under www.homebell.de. The concrete services to be provided by Homebell to the respective customer in connection with an order result from the respective order.
    3. 2.3 Homebell is entitled to have the services booked by the customer provided by third parties, for example, subcontractors. When selecting the artisans to be employed, the customer has no right of co-decision, the selection is made solely by Homebell.

  3. 3. Conclusion of the agreement
    1. 3.1 A contract between Homebell and the customer for the provision of craftman’s services will be concluded as follows.
    2. 3.2 On the basis of information on the desired service communicated by the customer, for example, by telephone, via the website or by sending an email to Homebell, Homebell emails a binding offer to the customer. Homebell’s receipt of the customer's request, for example, confirmed by email, does not yet constitute a contract.
    3. 3.3 The customer can accept this offer within 48 hours by sending an e-mail confirmation and thus concluding the contract on the offered services under the terms and conditions of this agreement and the offer of Homebell.
    4. 3.4 The contract will be made available to the customer in accordance with the legal provisions, we do not make an additional electronic storage after the conclusion of the contract.

  4. 4. Customer obligations / obligations to cooperate
    1. 4.1 The customer is obliged to provide truthful and complete information, especially with regard to the data and information necessary or requested by Homebell for the respective agreed services (for example, for contracts on the execution of paint work, exact square metre data and room number shall be provided).
    2. 4.2 The services of Homebell are provided at the agreed place of performance. The customer has to ensure their presence or the presence of a representative at the agreed execution date and to give Homebell or the third parties commissioned by Homebell access to the place of performance.
    3. 4.3 The customer is obliged to perform all preparatory work required for the respective service in order to enable a proper execution of the agreed services on time.
    4. 4.4 As far as an on-site inspection or preliminary inspection by Homebell is required due to the agreed service, the customer will ensure their presence or presence of a representative at the agreed time so that Homebell can carry out the on-site inspection or preliminary inspection.

  5. 5. Remuneration, prices
    1. 5.1 For the payment of the agreed fee, you can only use the payment method agreed and specified at time of booking. VAT is included in the agreed remuneration.
    2. 5.2 The agreed remuneration is due for payment by the customer within 5 days after completion of the services, unless otherwise (for example, payment, partial payment) agreed in individual cases.
    3. 5.3. 30% of the agreed remuneration is due for payment upon acceptance of the binding offer, since Homebell needs to cover upfront costs.

  6. 6. Service hindrances, deadline and service changes
    1. 6.1 If Homebell is unable to provide the services as agreed due to a violation of the customer’s obligations to cooperate in accordance with paragraph 4, in particular due to other false or incomplete information of the customer, Homebell will inform the customer and set a reasonable grace period to remedy the service hindrance. This does not apply if the grace period is dispensable under the statutory provisions. The execution and, if necessary, completion dates are extended accordingly for the duration of the service hindrance. If damages or additional expenses are incurred for Homebell by the culpable breach of the customer’s obligations to cooperate, the customer bear the responsibility and must compensate Homebell in accordance with statutory provisions.
    2. 6.2 If the customer requests changes of content or scope of the agreed services or where changes of the scope of services are required because of reasons for which neither Homebell nor the customer are responsible, for example, in the context of the execution of the service, additional expenses for other spare parts required to be attached for repair orders, Homebell will determine any occurring delays and possible additional expenses due to the change which was desired or necessary, and the parties will agree on any contract amendment or a new order thus required depending on the individual case.
    3. 6.3 In the case of unfavourable weather and drying conditions, for example, insofar as the subject of the agreed services is the repainting of facades, Homebell can interrupt the work, postpone the agreed execution date and, if necessary, completion date. The duration of the interruption extends the execution period accordingly. The work should continue in appropriate weather conditions in consideration of appropriate organisational and set-up times.

  7. 7. Retention of title, set-off, right of retention
    1. 7.1 As far as Homebell also provides deliveries as part of its services (e.g. the required colour for paint work, if agreed), Homebell reserves ownership of these until full payment of services rendered. If a delivery item is fixed to a building, the customer shall assign to Homebell any of its own claims in this connection (e.g. in the case of resale of the property) in the amount of Homebell’s claim.
    2. 7.2 You are only entitled to a right to set off if your counter-claims have been legally established, are uncontested by us or are ready for decision. You also have a right of retention if and insofar as your counter-claim is based on the same contractual relationship. In case of defects of the services, the reciprocal rights of the customer remain unaffected, especially in accordance with paragraph 11.

  8. 8. Homebell’s right of withdrawal
  9. Homebell has the right to cancel the contract with the customer, if circumstances exist which were not recognizable at the time of contract conclusion and which justify a withdrawal considering the legitimate interests of Homebell, for example, in cases of force majeure, strikes and natural disasters. Likewise, Homebell is entitled to cancel the contract with the customer if Homebell unexpectedly has no capacity for the fulfilment of the contractual services or the agreed dates cannot be met, Homebell will immediately inform the customer in this case and refund any payments already made by the customer.

  10. 9. Note on the consumer’s legal right of revocation
  11. The note on the consumer’s legal right of revocation as well as the statutory revocation form can be found beneath the terms and conditions.

  12. 10. Acceptance
    1. 10.1 The customer is obliged to accept the work carried out according to contract. Acceptance cannot be refused due to minor defects.
    2. 10.2 The acceptance can be declared by tacit acceptance without complaint or by the commissioning of the work.
    3. 10.3 For entrepreneurs, the work is considered accepted if the customer does not complain about the work being defective or in breach of contract within 7 days after completion of the work; the complaint must be in writing, whereby the period is preserved with its posting, dispatch by fax or email.

  13. 11. Warranty
    1. 11.1 Homebell is liable for defects of the work initially at its discretion by way of repair or new work (replacement).
    2. 11.2 If Homebell refuses subsequent performance, for example, due to disproportionate costs, subsequent performance fails or is unreasonable for Homebell, the customer can demand a reduction or withdraw from the contract at their discretion.
    3. 11.3 Rights of the customer due to defects in other cases than in a building or a factory, the success of which is the provision of planning or monitoring services, expire one year after acceptance. This does not apply if Homebell has fraudulently concealed the defect.

  14. 12. Homebell’s liability
    1. 12.1 Homebell is liable in case of damages to the customer (a) resulting from injury to life, limb or health caused by a breach of duty of Homebell, (b) under the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation, ( c) if Homebell caused the damage intentionally or through gross negligence, and/or (d) if the damage was caused by the breach of an obligation of Homebell, the fulfilment of which makes the proper execution of the contract at all possible and the observance of which the customer regularly relies and may trust (cardinal obligation).
    2. 12.2 Homebell is liable in the cases mentioned in paragraph 12.1 (a), (b) and/or (c) to an unlimited amount. In the cases in paragraph 12.1 (d), damage is limited to the predictable, typical damage for the contract. In cases other than those of paragraph 13.1, Homebell’s liability is excluded.
    3. 12.3 The liability provisions in the preceding paragraphs also apply to the personal liability of offices, employees and agents of Homebell.

  15. 13. Final provisions
    1. 13.1 The law of the Federal Republic of Germany applies to all agreements between Homebell and the customer. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular of the State in which the customer as a consumer has their habitual residence, remain unaffected.
    2. 13.2 As long as the customer is a merchant, a legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the seat of Homebell.
    3. 13.3 The remaining parts of the contract shall remain binding, even if individual items prove to be legally ineffective. Legal regulations, as far as they exist, shall replace any invalid points.

  1. Notes on the statutory right of revocation for consumers

  2. Revocation instruction
  3. Right of revocation
  4. You have the right to withdraw from this contract within fourteen days without giving a reason.

    The withdrawal period is fourteen days from the date of contract conclusion.

    To exercise your right, you have to inform us (Home3Sixty GmbH, Ullsteinstraße 114 - 142, Turm C, 1. Stock, 12109, Berlin Tel.: +49 (0)30 224030462, e-mail: customerservice@homebell.com) of your decision to withdraw from the contract by way of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form, which is however not mandatory.

    To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the expiry of the withdrawal period.

  5. Consequences of withdrawal
  6. If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you chose a type of delivery other than the cheapest standard delivery offered by us), and repay them immediately and at the latest within fourteen days from the date on which we received the notification of your cancellation. For this repayment, we use the same payment method that you used in the original transaction, unless you explicitly agreed otherwise; in no case will you be charged fees for this repayment.

    If you requested that the services begin during the withdrawal period, then you have to pay us a reasonable amount, corresponding to the proportion of services already rendered compared to the total scope provided for in the contract, up to the time at which you informed us of the right of withdrawal with respect to this contract.

  7. End of instruction concerning the right of withdrawal
  8. Exclusion/expiry of the right of withdrawal:

    The right of withdrawal does not apply to contracts in which the consumer has specifically requested that the principal visit them to carrying out urgent repairs or maintenance; this does not apply with respect to further services rendered during the visit which the consumer has not expressly requested, or in respect to such deliveries during the visit, which are not necessarily required as replacement parts for the maintenance or repair (section 312g para. 2 sentence 1 no. 11 BGB German Civil Code).

    Furthermore, the right of withdrawal expires with a contract for the provision of services, where the principal has completed the service and has just started the execution of the service only after the consumer has given to their explicit consent and has simultaneously confirmed his knowledge that he they will lose their right of withdrawal upon complete contract self-fulfilment by the entrepreneur (section 356 para. 4 1 BGB German Civil Code).

  9. Withdrawal form

  10. Sample withdrawal form

    (If you want to cancel the contract, please fill out this form and send it back.)

    To Home3Sixty GmbH, Ullsteinstraße 114 - 142, Turm C, 1. Stock, 12109, Berlin, email: customerservice@homebell.com)

    I/We (*) hereby give withdraw from my/our (*) concluded contract entered into for the purchase of the following products (*) / provision of the following services (*): ________________________________

    Ordered on (*) / received on (*): __________________

    Name of the consumer(s): __________________

    Name of the consumer(s): __________________

    Signature of the consumer(s) (only by paper notification): __________________

    Date: __________________

    (*) cross out where not applicable.