General Terms and Conditions

§ 1 General
1. deviations from these terms and conditions of sale – in particular the validity of terms and conditions of purchase – require our express written acknowledgement.
2 Our offers are subject to change. Orders are only binding for us if we confirm them or fulfill them by sending the goods.

§ 2 Cancellation costs
If the customer withdraws from a placed order without justification, we may, without prejudice to the possibility of claiming higher actual damages, demand 20% of the sales price for the costs incurred in processing the order and for loss of profit. The customer reserves the right to provide evidence of lower damages.

§ 3 Prices – Price changes
1. the agreed price of the object of purchase shall apply from the place of performance. The costs for installation will be charged additionally. The statutory value added tax is included in our prices.

2. price changes are permissible if there are more than 12 months between the conclusion of the contract and the agreed delivery date. If wages, material costs or market cost prices increase thereafter until completion of the delivery, we shall be entitled to increase the price appropriately in line with the cost increases. We will provide the buyer with proof of this upon request. The customer shall only be entitled to withdraw from the contract if the price increase exceeds the increase in the general cost of living between the order and delivery by more than 5% of the agreed price.

§ 4 Default of the buyer
In the event of default of acceptance by the Buyer, we shall be entitled to demand, in addition to the delivery costs, a lump sum for the costs of storage of the goods in the amount of 1% of the price of the stored goods per week or part thereof, up to a maximum of € 15 per week or part thereof. However, the customer is entitled to prove to us that we have suffered no or significantly less damage as a result of the delay in payment. In the event of default of acceptance, the buyer shall bear the risk of loss of and damage to the purchased goods, unless we have acted with intent or gross negligence.

§ 5 Delivery
1. in the absence of a written agreement to the contrary, the buyer shall not be entitled to delivery of exhibits.

2. the start of the delivery times stated by us is generally subject to the clarification of all technical data. If the purchase contract relates to the delivery of items with individual dimensions, the delivery time specified by us shall commence upon notification of the exact dimensions or after an agreed measurement date.

3. if the seller does not meet the delivery deadline in cases where the goods sold are not in stock and therefore have to be obtained from a supplier or manufactured by the seller himself or by a supplier or the manufacturer, the buyer must grant us a reasonable grace period for subsequent delivery, which must be at least as follows: in the case of an agreed delivery period of 4 weeks, a grace period of up to 2 weeks, in the case of an agreed delivery period of between 4 and 9 weeks, a grace period of 3 weeks and in the case of an agreed delivery period of 10 weeks or more, a grace period of 4 weeks.

4. if unforeseeable disruptions in business operations occur after conclusion of the contract for which we are not responsible, i.e. in particular lawful work stoppages and lockouts in the seller’s companies or In the event of force majeure which cannot be prevented with the diligence of proper business management, which is based on an unforeseeable event for which we are not responsible and which leads to unforeseeable serious operational disruptions on our part or on the part of our supplier, the agreed delivery periods shall be extended by the duration of the delivery disruptions caused by these circumstances. This shall not apply if it is reasonable for us to obtain supplies from other suppliers or to use other means of transportation. If the seller is not responsible for the non-fulfillment, a reservation of self-delivery shall apply. If the seller has concluded a congruent covering purchase for the procurement of the purchased item and the supplier does not make the purchased items available to us or does not make them available in full for reasons that were not foreseeable for us and for which we are not responsible, both contractual partners shall be released from their obligations with regard to the items that cannot be delivered. This only applies to deliverable items if it is clear from the contract or the circumstances that they were sold as belonging together with the non-deliverable items.

5. the extensions of the delivery period regulated in Nos. 3 and 4 shall not apply to fixed-date transactions.

6. the buyer must ensure that the delivery can take place throughout the day until the evening hours and that 2 unloading personnel are available.

7. the seller is entitled to make self-contained partial deliveries, provided this is reasonable for the buyer.

8. the buyer is liable for ensuring that the specified delivery address can be reached by a truck with a maximum distance of 30 meters and that the delivery options are possible through entrances with the usual means of transport business. Otherwise the buyer shall be in default of acceptance.

9. if the Buyer sets a reasonable grace period after the Seller has failed to perform a due service, the Buyer shall be entitled to (partially) withdraw from the contract in accordance with § 323 BGB if this grace period expires without result. In commercial transactions, the buyer shall only be entitled to claims for damages for non-performance in the amount of the foreseeable damage if the breach of duty was due to intent or gross negligence; otherwise the liability for damages shall be limited to 50% of the damage incurred. In the case of a contract concluded with a consumer within the meaning of Art. § 286 of the German Civil Code (BGB) in default or after setting a deadline within the meaning of § 281 BGB, our liability for damages under §§ 280 ff BGB shall be limited to the foreseeable damage in the event of slight negligence. Compensation even for unforeseeable damages requires proof of intentional or grossly negligent breach of duty. The aforementioned limitations of liability shall not apply if a transaction for delivery by a fixed date has been agreed; the same shall apply if the buyer can assert that his interest in the fulfillment of the contract has ceased to exist due to the delay for which we are responsible.

§ 6 Warranty
I. We assume the following warranty for the delivery of new goods to a consumer within the meaning of § 14 BGB:
1. if delivered goods are defective, the buyer’s warranty rights shall be determined in accordance with §§ 433 ff BGB. Excluded from the warranty are defects that are attributable to: improper handling or use, force majeure e.g. storm, flooding, subsidence; improper repairs and modifications, incorrect installation. In the event of a justified complaint, improvements made to the object of purchase by third parties (e.g. painting, interior paneling, flooring, electrical and sanitary installations and their reinstallation costs) shall not be reimbursed. As long as we fulfill our contractual obligations for subsequent performance, the customer shall not have the right to demand a reduction in price or remuneration or rescission of the contract, unless the subsequent improvement has failed.

2. color and structural deviations from exhibits or catalog illustrations are unavoidable and cannot be objected to.

3. minor deviations from the specified dimensions of the items to be delivered are customary in the trade and are also permissible insofar as reasonable for the Buyer.

4. in the case of the sale of series items, we are entitled to supply goods of the same type and quality. Goods of the same type and quality in this sense shall also include items that differ slightly from the selected items due to a change in production at the manufacturing plant.

5. the buyer is not entitled to withhold payments due to complaints of defects, unless the withheld payment is in reasonable proportion to the defects claimed.

6. the buyer can only make demands on the quality of the goods that are customary in the price range ordered. The wood designations essentially refer to the surfaces of the front. The use of other suitable types of wood and plastic, especially for solid parts, is customary and permissible.
II. We assume the following warranty for the delivery of new goods to an entrepreneur within the meaning of § 13 BGB:
1.a) If goods are defective, we shall provide a warranty during the warranty period, which is 24 months and begins with the acceptance of the purchased item, by repairing the item free of charge or / and supplying a replacement free of charge, at our discretion. Faults or defects attributable to: improper handling or use, force majeure e.g. storm, flooding, subsidence; improper repairs and modifications; incorrect installation are not covered by the warranty. In the event of a justified complaint, improvements made to the object of purchase by third parties (e.g. painting, interior paneling, flooring, electrical and sanitary installations and their reinstallation costs) shall not be reimbursed.
b) The buyer must give us the necessary time and opportunity to carry out this rectification – also to the extent reasonable on his property. Otherwise we shall be released from our warranty obligations.
c) As long as we fulfill our obligations to remedy the defects, the customer shall not have the right to demand a reduction of the remuneration or rescission of the contract, unless the rectification of defects has failed.
2 In all other respects, the provisions contained in I. Clauses 2 to 6 shall apply.

§ 7 Retention of title
1. the goods shall remain our property until full payment of all our claims arising from the purchase contract, including any default interest and other ancillary claims such as reimbursement of expenses, costs of legal action, etc., has been made. our property. Upon conclusion of the purchase contract, the buyer assigns to us the claim for restitution against third parties with regard to the goods still subject to retention of title. If a replacement is provided for the damage or destruction of the delivered goods, this shall take the place of the originally transferred goods. Otherwise, the buyer shall be liable for any damage to or loss of the reserved goods.

2. in the event of seizure or other confiscation, the buyer is obliged to inform the enforcement officer of our ownership and to notify us of this within three days by sending a copy of the seizure protocol. The buyer shall bear the costs of safeguarding our property rights.

3. if the buyer fails to meet the obligations arising from the retention of title or his payment obligations, we shall be entitled to demand the immediate surrender of the goods to the exclusion of any right of retention, irrespective of any limitation of the purchase price claim that has occurred in the meantime, without having to withdraw from the contract. All costs arising from the withdrawal shall be borne by the buyer.

§ 8 Additional work
1. installation work (such as gas, water, electrics, etc.) is generally not carried out by us.

2. additional work and special work going beyond the delivery order, such as decoration and assembly work, shall be invoiced at reasonable prices, including travel time, and shall be paid in cash at the latest upon delivery.

3. our liability shall be limited to intent and gross negligence in the performance of this work and in the acceptance and handling of accessories.

§ 9 Place of jurisdiction
If the buyer is a registered trader, a legal entity under public law or a special fund under public law, the seller’s head office shall be the exclusive place of jurisdiction. This also applies if the buyer does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.

§ 10 Final provisions
If individual provisions of this contract are invalid, this shall not affect the validity of the remaining content of the contract.