Terms and conditions

Terms and conditions for Entrepreneurs

  1. Validity
    1. The General Terms and Conditions (GTC) apply to all business relations with our customers (hereinafter referred to as "Customer"). They shall only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
    2. The GTC apply in their current version - also for future contracts with the same customer - without us referring to them in each individual case.
    3. The GTC apply exclusively. Deviating, also supplementary general terms and conditions of the customer shall only apply if and insofar as we have expressly agreed to their validity in text form. This also applies if we have accepted the contract offer without reservation in knowledge of the customer's general terms and conditions.
    4. Individual agreements with the customer (including additions and changes) take precedence over these GTC. A contract or our confirmation in text form is required to prove the content of the individual agreements.
    5. Declarations to be made to us by the customer after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of withdrawal) must be made in text form (e.g. by e-mail, fax or letter) to be valid.
    6. Unless directly amended or expressly excluded in these GTC, the statutory provisions shall apply.
  2. Offer, order, prohibition of assignment
    1. Our offers are subject to change and non-binding.
    2. The customer's order is a binding offer. With the order the customer assures to use the goods exclusively within the scope of the commercial activity. We can accept his offer within five days after receipt. Acceptance can be made either by sending an order confirmation or by performance.
    3. If the customer orders electronically, we will automatically inform him by e-mail about the receipt of his order. In the automatic e-mail the order is listed again. It is not the acceptance of the offer.
    4. We are entitled to make quality improvements as well as changes in technology, form, color and/or weight, provided that they correspond to reasonable quality tolerances.
    5. We reserve the right to contest the contract in case of accidentally wrong information about the product or the price.
    6. The customer may only assign claims arising from the contract in text form with our prior consent and only insofar as our interests are not unreasonably affected by the assignment.
  3. Delivery time, right of withdrawal, delay in delivery
    1. If we are unable to meet a binding delivery deadline for reasons beyond our control, we will inform the customer immediately about the expected new delivery deadline. If the goods are not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part. If the goods have already been paid for, we will refund the purchase price.

      Non-availability of the service is given in particular if

      • we have concluded a congruent hedging transaction and are not supplied on time ourselves;
      • an import permit required for the shipment of the object of sale into the customs territory of the Federal Republic of Germany is not granted or not granted in time.

      Existing statutory provisions in our favour regarding rights of withdrawal and termination as well as the rescission of the contract in the event of exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance and/or subsequent performance) shall remain unaffected.
    2. Delay in delivery requires a reminder from the customer in text form (for example by e-mail, fax or letter).
  4. Delivery, default of acceptance
    1. Delivery is ex stock. Place of performance for all obligations arising from the contractual relationship is Lichtenfels. We ship the goods to a place determined by the customer (sale to destination) and determine the type of shipment (in particular transport company, shipping route, packaging).
    2. We are authorised to make partial deliveries, if
      • a partial delivery can be used by the customer according to the contractual purpose and
      • the delivery of the remaining goods is ensured.
      In case of partial deliveries we charge the shipping costs proportionally. No additional costs arise for the customer.
    3. If our performance is delayed for reasons for which the customer is responsible (e.g. default of acceptance), we shall be entitled to demand compensation for the resulting damage and any additional expenses (e.g. storage costs).
  5. Prices, terms of payment, default in payment, right to refuse performance
    1. Our prices valid at the time of placing the order shall apply. The prices refer to the articles shown and described in the catalog, but not to contents, accessories and decoration.
    2. The prices do not include value added tax, packaging and transport/shipping costs. They are valid ex stock.
    3. We inform the buyer about the shipping and handling costs on the website under the link "Shipping & Payment" and in our offers. Special deliveries (e.g. early, late or Saturday deliveries) shall be invoiced separately.

      For deliveries abroad, the freight costs to be paid by the customer are determined separately. Any customs duties, fees, taxes and other public charges shall be borne by the customer. The shipping conditions for the countries to which the company's webshop is directed are communicated on the website via the link 'Shipping'.
    4. Delay occurs 14 days after the invoice is issued. During the period of default, we are entitled to charge interest on the purchase price at the statutory default interest rate. We reserve the right to assert further damages caused by delay.
    5. We shall also be entitled to refuse performance in accordance with § 321 BGB (German Civil Code) if the financial circumstances of the customer deteriorate significantly even before conclusion of the contract and we only become aware of this after conclusion of the contract despite careful examination.
    6. The customer shall only be entitled to assert rights of set-off or retention if his claim has been legally established, is undisputed or has been acknowledged by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship. In case of defects in the delivery, 6.6 shall remain unaffected.
  6. Product quality, customer's warranty rights
    1. Due to technical circumstances, product representations online store or other documents (also in electronic form), especially in color shades, may differ slightly from the product.
    2. The customer must carefully examine the goods immediately after receipt. Obvious defects can only be reported within seven days of receipt of the goods, other defects within seven days of discovery of the defect in text form (e.g. by e-mail, fax or letter) (preclusive period). The timely dispatch of the notification is sufficient to meet the deadline.
    3. If there is a defect, we may choose to remedy the defect by removing the defect (rectification) or by delivering a defect-free item (replacement).
    4. The customer must give us the time and opportunity necessary for subsequent performance, in particular to hand over the rejected goods for inspection purposes. If the customer's request for the removal of defects turns out to be unjustified, we can demand reimbursement of the costs incurred.
    5. We are entitled to make subsequent performance dependent on the customer paying the purchase price. However, the customer is entitled to retain a reasonable part of the purchase price in relation to the defect.
    6. If the supplementary performance has failed or has been delayed beyond a reasonable period of time or can be refused in accordance with the statutory provisions, a reduction in the purchase price or, in the case of a not insignificant defect, withdrawal from the purchase contract is possible.
    7. We do not assume any warranties beyond those in this clause 6. In particular, we do not assume any guarantees or liability for public statements by third parties.
    8. Claims of the customer for damages and reimbursement of expenses shall exist exclusively in accordance with Section 7.
  7. Other liability
    1. We are liable for damages in case of intent - regardless of the legal basis.
    2. In the event of gross negligence on the part of ordinary employees and in the event of simple negligence, we shall only be liable in the event of a breach of an essential contractual obligation, limited to compensation for foreseeable, typically occurring damage. An essential contractual obligation is an obligation, the fulfillment of which makes it possible to achieve the purpose pursued with the conclusion of the contract and on the fulfillment of which the customer may regularly rely.
    3. The limitation of liability according to 7.2 shall not apply to damages resulting from injury to life, body or health. Furthermore, it shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods or if the customer has claims under the Product Liability Act.
    4. Due to a breach of duty which has not led to a defect, the customer may only withdraw or terminate the contract if we are responsible for the breach of duty. In all other respects the statutory provisions shall apply.
    5. As far as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
  8. Limitation period

    Claims for material defects and defects of title shall become statute-barred one year after receipt of the goods by the customer. The statutory periods of limitation shall apply to claims under clause 7 and the Product Liability Act.

  9. Ownership, retention of title
    1. We are entitled to the exclusive copyrights to catalogs and other product descriptions, also in electronic form. A link to our internet offer or any other use of the internet offer for own purposes is only permitted with our prior consent in text form.
    2. We shall remain the owner of the goods until all our present and future claims arising from a contract and an ongoing business relationship have been met.
    3. If the customer acts in breach of the contract, in particular in the event of default in payment, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods or to demand the assignment of any claims for return of the customer against third parties. After taking back the goods, we are authorized to use them. The proceeds of the sale shall be credited against the customer's liabilities, less reasonable costs of sale.
  10. Resale

    A commercial resale of the goods requires our prior consent in text form.

  11. Applicable law, place of jurisdiction
    1. These General Terms and Conditions and all legal relations between us and the customer are exclusively subject to the law of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Sales Convention.
    2. The courts in Munich shall have exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, we are also entitled to assert our claims against the customer at the customer's general place of jurisdiction.