Terms of sale, delivery and payment
§ 1 – General, scope
1. Our terms and conditions apply to all current and future business relationships.
2. Consumers in terms of business relationships are natural persons with whom we
enter into business relationships without being commercial or self-employed
professional activity being attributable to them.
Entrepreneurs within the meaning of the terms and conditions are natural or legal
persons or partnerships with legal capacity with whom we enter into business relationships
who act in the exercise of a commercial or independent professional activity.
Clients within the meaning of the terms and conditions are both consumers and entrepreneurs.
3. Deviating, conflicting or supplementary general terms and conditions or
any purchasing conditions of the customer, even if known, do not
become part of the contract unless we expressly agree to their validity in writing or by e-mail.
§ 2 – Formation of a contract
1. Our offer is non-binding until acceptance. Our offers are made exclusively on the basis
of the following conditions.
442 / 5.000 Übersetzungsergebnisse 2. Our information in offers, brochures, illustrations and drawings, any
dimensions and weights are average values. They do not represent guaranteed properties,
but are rather a descriptive representation of our products. The same also applies to
patterns and samples made available by us. Technical changes as well as changes in shape/color
and/or weight are reserved within reasonable limits.
3. By ordering our product, the customer makes a binding declaration that he will place the order. We
are entitled to accept the contractual offer contained in the order within
two weeks of receipt. Acceptance can be made in writing,
by fax or electronically or by handing over our product to the customer.
4. If the customer orders our product electronically, we will
immediately confirm receipt of the order. However, this confirmation of receipt does not
constitute a binding acceptance of the order. However, confirmation of receipt can be combined with the declaration
5. In our order confirmation and/or our confirmation letter, we will
precisely describe the product ordered and any
services we may have to provide further and state the probable completion or delivery date.
6. The conclusion of the contract is subject to the correct and timely
delivery to us by our possible suppliers. This only applies in the event
that we are not responsible for the non-delivery. The client will be informed immediately
about the non-availability of the service. Any consideration already paid
will be refunded immediately.
- We would like to point out that if the product is ordered electronically, the text of the contract will be saved by us and sent to the consumer by e-mail on request together with our general terms and conditions.
- 3 – Confidentiality clause The client undertakes not to pass on the data arising in the context of the business relationship to unauthorized third parties and to protect and store it securely from access and misuse by unauthorized persons.
- 4 – Prices, terms of payment
- The price we quote in the offer is in euros and is binding. It does not include the respective value added tax, it is added.
- If we have not submitted an offer, but the customer orders according to our sales brochures, the prices in our price lists that are valid at the time of the order apply. The prices listed there are net plus the respective VAT.
- Our prices are ex works Solnhofen plus packaging costs and freight costs.
- Zahlungen sind ohne jeden Abzug zu leisten. Payment by bill of exchange can only be made on the basis of an express written agreement with us. Any discount and/or other costs incurred shall be borne by the customer.
- Payments are to be made to us without deduction within 10 days of sending the invoice, but no later than 10 days after receipt of the goods. After this period has expired, our client is in default. A cash discount is only permitted if it has been expressly agreed with us in writing. If our customer takes part in the SEPA direct debit procedure, he will receive a notification from us of the bank collection day on the day the direct debit is submitted to our house bank. If our client is a consumer, he has to pay interest on the debt at a rate of 5 percentage points above the respective base interest rate during the delay. If our client is an entrepreneur, interest is to be paid on the debt at 9 percentage points above the respective base interest rate. We reserve the right to prove and assert a higher damage caused by delay to an entrepreneur.
- If our client is an entrepreneur and is in default, we are entitled to demand a lump sum of €40.00 as compensation for our own operating costs. A reminder is not required in this respect. If our operating costs exceed the lump sum, we reserve the right to claim the additional costs separately.
- The client only has the right to offset if his counterclaims have been legally established or recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
- 5 – Passing of Risk
- If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, in the case of mail-order sales upon delivery to the forwarding agent, carrier or other person responsible for carrying out the shipment.
- If the client is a consumer, the risk of accidental loss or accidental deterioration of the item sold only passes to the buyer when the item is handed over to the buyer, even in the case of mail-order sales.
- The handover is the same if the client is in default of acceptance.
- Insofar as we deliver, we reserve the right to choose the transport route and means. The transport route must be designed in such a way that we can drive it safely with heavy trucks.
- A possible dispatch takes place only with a separate order by the customer at his own expense and risk. If the customer wishes to take out transport insurance, he must take out this at his own risk. If we deliver our goods with our own truck, the risk passes to the unloading location specified by our customer.
- In the case of a free delivery expressly agreed with us, the handover takes place upon delivery to our customer.
- 6 – Warranty
- If the client is an entrepreneur, we initially provide a warranty for defects in our products by rectification or replacement delivery, at our discretion.
- If the client is a consumer, he initially has the choice of whether subsequent performance is to be carried out by means of repairs or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if it involves disproportionate costs for us and the other type of supplementary performance does not have any disadvantages for the consumer. In addition, we are entitled to refuse the other type of supplementary performance if this is also associated with disproportionate costs.
- If the supplementary performance fails or if it is carried out according to the requirements of para. 2 is refused, the client can in principle demand a reduction in payment -reduction- or cancellation of the contract -withdrawal- at his discretion. In the event of only a minor breach of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw from the contract. Apart from that, the legal regulations remain.
- If our customer is an entrepreneur, he must inspect the delivered goods immediately after delivery and notify us immediately in writing of any defects found, but no later than within 7 working days of delivery, otherwise the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of detection and the timeliness of the notice of defects. A possible notice of defects must be made in any case before the installation or processing of our product. If the defect is not reported in good time, our delivery is deemed to have been carried out in accordance with the contract.
- If our customer is a consumer, he must inform us in writing of obvious defects within a period of 2 months after the point in time at which he determined that the goods were in a non-contractual condition. Receipt of the notification by us is decisive for meeting the deadline. If the consumer fails to provide this information, the warranty rights expire 2 months after the defect has been discovered. This does not apply if we have acted fraudulently. The burden of proof for the determination of defects lies with the consumer. If the consumer was persuaded to buy the item by incorrect manufacturer information, he bears the burden of proof for his purchase decision.
- If the customer chooses compensation after subsequent performance has failed, the goods remain with our customer, insofar as this is reasonable for him. Compensation for damages is limited to the difference between the purchase price and the value of the defective item. Excluded from this is the case that we have caused the breach of contract fraudulently. We are not liable for processing and weather-related influences in the event of damage.
- If the customer is an entrepreneur, only our product description is deemed to be agreed as the quality of the goods. Our public statements, promotions or advertisements do not represent any contractual indication of the quality of the goods. The goods include the following properties, about which we are hereby informing our customer: Our natural stones can never be completely uniform in terms of colour, strength and processing. We reserve the right to make deviations in this respect, provided they are in the nature of the materials used and are customary in the trade, even if the delivery is based on average samples presented. With the thickness of our material, a tolerance of 10% must be allowed in addition to the prescribed tolerance. Our samples are non-binding and show the general appearance of the natural stone. Hand samples can never unite all properties and differences in colour, structure and structure of the natural stone. Color differences, cloudiness, veining and natural defects such as pores, open areas, inclusions, calcite veins, etc. can occur in natural stones, for which we accept no liability. We would also like to point out that in the case of natural stones, proper cementing, dismantling of parts in loose veins or stitches and their reassembly as well as reinforcement with underlying, solid plates (doubling) as well as the attachment of clamps, dowels, crossings depending on the nature and characteristics of the natural stone are possible, they are an essential requirement of processing. We would like to point out that our natural stones etc. are not frost-resistant and not resistant to frost-de-icing salt. In principle, we do not guarantee absolute frost resistance, and assume no liability for this. Natural stone can only be processed to a limited extent outdoors. We generally do not accept any liability for the laying of natural stone outdoors.
- The customer does not receive any guarantees from us in the legal sense. Any manufacturer guarantees remain unaffected.
- 7 – Limitations of Liability
- In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, immediate average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
- However, the aforementioned limitations of liability do not apply to any claims by the customer arising from product liability. Furthermore, the limitations of liability do not apply to bodily injury or damage to health or loss of life.
- If the customer is an entrepreneur, the following also applies: Force majeure or operational disruptions occurring at our premises or at our suppliers, which temporarily prevent us from delivering the ordered goods on the agreed date through no fault of our own, change the dates specified by us by the duration of the circumstances caused by these circumstances performance disruptions. If such disturbances lead to a delay in performance of more than one month, the client can withdraw from the contract without being entitled to any claims for damages. Any other rights of withdrawal remain unaffected.
- A warranty does not apply if the customer changes the delivered goods or has them changed without our consent and this makes it impossible or more difficult to remedy the defect.
- 8 – Retention of title
- In the case of contracts with consumers, we reserve ownership of the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full.
- The customer is obliged to treat the goods with care and to store them appropriately.
- The customer is obligated to inform us immediately of access by third parties to the goods, for example in the event of seizure, as well as of any damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or his own change of residence.
- We are entitled to withdraw from the contract and to demand the return of the goods in the event of breach of contract by the customer, in particular default in payment or breach of an obligation according to Sections 2. and 3 of this provision.
- If our client is an entrepreneur, he is entitled to process and sell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the client is authorized to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the client does not properly meet his payment obligations and defaults on payment. The entrepreneur undertakes to immediately provide us with all necessary documents and information that is necessary for the collection of the claim.
- The treatment and processing of the goods by the customer is always carried out in our name and on our behalf, but without any obligation on our part. If processing takes place with items that do not belong to us, we shall acquire co-ownership of the new item in relation to the value of the goods delivered by us to the other processed items. The same applies if the goods are or will be mixed with other items that do not belong to us.
- 9 – Jurisdiction, Applicable Law
- The law of the Federal Republic of Germany applies. The provisions of the UN sales law do not apply.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of our company. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed. However, we are entitled to sue the customer at his place of business.
- 10 – Obligation to notify
In principle, we are not willing and not obliged to participate in dispute settlement procedures before a consumer arbitration board. As a precaution, we are informing you of the responsible consumer arbitration board as follows: General consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, telephone: 07851/7957940, fax: 07851/7957941, www. Verbraucher-schlichter.de.
- 11 – Final Provisions
Should individual provisions of the contract with the client, including our general terms and conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation.
As of April 11, 2022