general terms and conditions
Introduction
Our products are not industrially manufactured mass-produced articles, but carefully and individually hand-crafted unique products made from selected materials. Our woods and veneers are natural products that are protected against external influences due to the surface treatment with oils and varnishes. However, wood is a living material and thus its natural characteristic is to age. These changes are not a sign of lower qualities, but proof of the authenticity of the material.
The veneers of the dreizehngrad veneer lights are sensitive to mechanical harm. In order to guarantee the lights’ long life-span we attach a maintenance guideline and installation instructions which must be complied with.
§ 1 Scope of application of these General Terms and Conditions I Subject matter of the agreement
(1) The following General Terms and Conditions (T&Cs) apply to all agreements entered into between the customer and dreizehngrad – Alexander Paul Finke, referred to hereafter as dreizehngrad.
(2) Our Terms and Conditions apply exclusively. We do not acknowledge any contradictory Terms and Conditions or the customer’s Terms and Conditions that diverge from ours.
(3) Our T&Cs apply to both consumers and business customers, unless a distinction is made between these in the relevant clause.
§ 2 Offer – Conclusion of the Agreement – Offer documents
(1) The customer’s order is a binding offer, which we may accept within one week by sending an order confirmation or by delivering the goods. Any offers which we made previously are subject to confirmation.
(2) Changes to constructions and forms, which are due to an improvement of the technology or due to legal requirements, are reserved during the delivery time, if the delivery item is not changed or modified significantly and if the changes are reasonable for the customer.
§ 3 Offer documentation I copyright
Illustrations, sketches, calculations and other documents remain our property and our copyrights continue to apply. The handover or reproduction of the same is only permitted with written consent. Any details regarding specifications and descriptions of dreizehngrad products, in particular all illustrations, technical drawings, dimensions, weights and product descriptions are non-binding.
§ 4 Prices
The purchase price offered is binding; the Value Added Tax as legally applicable is included for consumers. The customer bears the costs for the delivery. Delivery costs and cash on delivery fees as applicable are itemised separately. All prices are quoted in euros. The delivery into a country outside the European Union may only be made subject to an individual written agreement between the customer and dreizehngrad.
§ 5 Returns
If a customer has their place of residence or business abroad, all returns of goods and/or packaging shall be at their expense.
§ 6 Payment terms I costs
(1) Unless agreed otherwise dreizehngrad’s invoices are payable immediately without discount. Our receipt of the funds shall be crucial in determining the timeliness of the payment. Instalments are only accepted on the basis of special, written agreements. The customer is in default at the latest 30 days after the due payment date for the invoice
(2) As a rule, only advance payments are permitted. Other payment methods may be agreed in a written exception, whereby any additional costs incurred this way shall be at the buyer’s expense.
(3) The customer shall bear the costs arising as a result of negative booking operations for payment transactions for want of cover or arising otherwise as a result of the customer’s culpability.
§ 7 Delivery conditions
In the event of partial deliveries commissioned or offered by dreizehngrad, these shall be carried out free of shipping costs. In the event of specific customer requests to split the delivery the shipping costs are calculated separately for each partial delivery.
§ 8 Period for performance I transfer of risk
(1) If dreizehngrad sends the goods to a customer who is a business customer, the risk shall be transferred with the handover of the goods to the freight forwarder; if the goods are sent to a customer who is a consumer, the risk shall be transferred with the handover of the goods from the freight forwarder to the consumer.
(2) If the customer collects the goods from the premises of dreizehngrad, the risk of accidental destruction or accidental damage is passed to the customer with the handover of the goods.
(3) If any delivery periods have been stated and have become the basis of the commission of the order, these delivery periods shall be extended by the duration of the delay in the event of force majeure.
§ 9 Liability for damages
1. In relation to consumers
(1) Our liability (and the liability of our vicarious agents) for breaches of contractual obligations as well as based on tort is limited to wilful intent and gross negligence. This previous sentence does not apply to injury to the customer’s life, body and health, to claims from the Product Liability Act or claims due to the breach of cardinal duties, which are duties that result from the nature of the Agreement and the breach of which puts the fulfilment of the contractual purpose at risk, or to the compensation of damages caused by delay (section 286 BGB, German Civil Code); we shall be liable for all degrees of culpability to this extent.
(2) If the liability for damage or harm which is not the result of injuries to the customer‘s life, body and health is not excluded for slight negligence, such claims shall expire within one year from the emergence of the claim or in the event of claims for damages due to a defect from the handover of the item.
2. In relation to business customers
(1) Our liability (and the liability of our vicarious agents) for breaches of contractual obligations as well as offences is limited to wilful intent and gross negligence. This previous sentence does not apply to injury to the customer’s life, body and health, to claims from the Product Liability Act or claims due to the breach of cardinal duties, which are duties that result from the nature of the Agreement and the breach of which puts the fulfilment of the contractual purpose at risk, or to the compensation of damages caused by delay (section 286 BGB, German Civil Code); we shall be liable for all degrees of culpability to this extent.
(2) Irrespective of their legal reasons compensation claims for damages against dreizehngrad as well as their performing and vicarious agents are limited to the amount of those damages, the possible emergence of which dreizehngrad had to reasonably expect at the time of the conclusion of the Agreement. If the damage does not result from the breach of an essential contractual duty, the compensation of damages is limited to a maximum of the tenfold amount of the order value.
(3) If the liability for damage or harm which is not the result of injuries to the customer‘s life, body and health is not excluded for slight negligence, such claims shall expire within one year from the emergence of the claim or in the event of claims for damages due to a defect from the handover of the item.
§ 10 Liability for defects
1. In relation to consumers
(1) We are liable according to the legal provisions in the event of defects, unless limitations from the following apply.
(2) The consumer must notify us in writing of any obvious defects within two weeks after the emergence of the defect; if the notification is not made within the stipulated period the warranty rights shall be forfeited, unless we have maliciously concealed the defect or accepted a guarantee to that effect.
(3) dreizehngrad provides a faithful illustration of the colours. We would like to point out, however, that there might be slight divergences between the photographic reproduction of the colours and the actual colour shades. Slight divergences in colours from our product images are usually due to the colour settings on the screens and do not represent a defect.
(4) Natural ageing processes are excluded from the warranty.
2. In relation to business customers
(1) We reserve the right to choose the supplementary performance in the event of a defect.
(2) The warranty period shall be one year starting with the handover of the goods.
(3) dreizehngrad provides a faithful illustration of the colours. We would like to point out, however, that there might be slight divergences between the photographic reproduction of the colours and the actual colour shades. Slight divergences in colours from our product images are usually due to the colour settings on the screens and do not represent a defect.
(4) Natural ageing processes are excluded from the warranty.
§ 11 Retention of title
1. In relation to consumers
Any goods delivered by dreizehngrad shall remain the property of dreizehngrad until full payment of the purchase price. This also applies to conditional claims. In the event of interventions on the part of third parties (in particular due to distraints or writs of attachment) regarding goods that are the property or joint property of dreizehngrad the customer must provide immediate notification by submitting the documents required for the intervention; this also applies to adverse effects of any other kind.
2. In relation to business customers
All goods supplied by dreizehngrad remain the property of dreizehngrad until complete fulfilment of all claims against the customer. This also applies to conditional claims. In the event of interventions on the part of third parties (in particular due to distraints or writs of attachment) regarding goods that are the property or joint property of dreizehngrad the customer must provide immediate notification by submitting the documents required for the intervention; this also applies to adverse effects of any other kind. The customer shall bear the costs for justified third-party actions against execution which may not be collected from the third party. The customer shall also bear the costs for extra-judicial authorisations or any return costs. For the event of the sale of the goods subject to retention of title the customer hereby assigns to us as a surety the claims arising from the transactions mentioned until complete fulfilment of all our claims. We authorise the buyer/customer revocably to collect the claims assigned to us for their account and on their own behalf. This collection authorisation may be revoked if the buyer/customer does not duly fulfil their payment obligations.
§ 12 Written form I format for declarations
These General Terms and Conditions contain all of the rights and duties of the contractual parties. Any other agreements or declarations of intention on the part of the contractual parties made subsequently must be in written form in order to take legal effect. This also applies to any subsequent change of the requirement of the written form.
§ 13 Choice of law
The law of the Federal Republic of Germany shall be applicable. The application of the CISG (UN Convention on Contracts for the International Sale of Goods) is excluded.
§ 14 Place of fulfilment I place of payment
Unless stipulated otherwise by law, our head office shall be the place of fulfilment and payment for all claims and obligations from this contractual relationship.
§ 15 Place of jurisdiction
1. In relation to consumers
The additional statutory regulations on places of jurisdiction shall remain unaffected.
2. In relation to business customers
(1) If the customer is a trader, a corporate body under public law or special fund under public law, our head office shall also be the agreed place of jurisdiction for all legal disputes arising from this contractual relationship. We are also entitled to institute proceedings against the customer at their general place of jurisdiction.
(2) If the customer does not have a general place of jurisdiction in Germany or in any other EU member state, our head office is agreed as the exclusive place of jurisdiction for all disputes from this Agreement.
(3) Our head office also applies as the place of jurisdiction, if after the conclusion of the Agreement the party against whom a claim is made changes their place of residence or usual abode from the area of validity of the Law of the Federal Republic of Germany or if the party’s place of residence or usual abode is not known at the time of the institution of the legal proceedings.
§ 16 Withdrawal
(1) We shall be entitled to withdraw from the Agreement if we do not receive the delivery item despite entering into a prior purchase agreement. We will inform the customer immediately regarding the lack of delivery to us and in the event of a withdrawal we will return immediately any consideration already received.
(2) We shall be entitled to withdraw from the Agreement if the customer has filed an application to open insolvency proceedings regarding their assets, if they have made an affidavit according to section 807 ZPO (Code of Civil Procedure) or if the insolvency proceedings regarding their assets have been opened or the opening of the same has been rejected for lack of assets. For the remainder the legal withdrawal provisions apply.
§ 17 Offsetting
(1) The offsetting against our claims is impermissible except in the case of counter-claims which have been acknowledged by dreizehngrad or which have been determined with the force of law.
(2) The following also applies to business customers: The buyer’s retention of payments due to counter-claims from other contractual relationships is excluded.
§ 18 Assignment
The customer is not entitled to assign their claims from this Agreement to third parties.
§ 19 Right to cancel
You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period is fourteen days from the date upon which you or a third party appointed by you who is not the carrier took possession of the goods. In order to exercise your right to cancel you must notify us – dreizehngrad – of your decision to cancel this Agreement via a clear declaration (e.g. a letter sent by post, fax or e-mail), providing your telephone number, fax number and e-mail address. Sending the notification exercising the right to cancel before the cancellation period expires is sufficient for the purposes of meeting the deadline for cancellation.
Consequences of cancellation
If you cancel this contract we shall be required to reimburse you for all payments which we have received from you, including delivery costs (with the exception of additional costs incurred as a result of you selecting a different delivery type from the standard most cost-effective delivery offered by us) without delay and no later than within fourteen days from the date upon which the notification to cancel this contract has been received by us. We shall use the same payment method for this reimbursement which you used for the original transaction unless expressly agreed otherwise with you; no charges will be made to you under any circumstances on account of this reimbursement. We may refuse to reimburse the payments until the goods have been returned to us or until you have provided evidence that you have returned the goods, depending on which event takes place first. You must return or surrender the goods to our warehouse address:
dreizehngrad /// Breitscheidstraße 78 – Haus D1 /// 01237 Dresden /// Germany
without delay and in any case no later than within fourteen days from the date upon which you notify us of the cancellation of this contract. This deadline shall be deemed to have been met provided that you send the goods before the period of fourteen days expires.
§ 20 Miscellaneous
If one of these provisions is legally invalid, the legal validity of the remaining provisions shall not be affected thereby.
> Version dated: 04/2015