General Terms and Conditions of raumvonwert GmbH for consumers

(GTCC)

 

1. General information

The sale of all goods as well as the provision of related services by the seller ("raumvonwert GmbH") to the consumer ("buyer") shall be performed exclusively in accordance with the following General Terms and Conditions for Consumers ("GTCC") and the associated individual agreement. In the event of any discrepancies between these GTCC and any written individual agreement between the seller and the buyer the provisions of the individual agreement shall prevail.

2. Offer and contract conclusion

The order placed by the buyer is a binding offer. raumvonwert can accept this offer within two weeks by sending an order confirmation (via email or post) or by sending the ordered goods within this period. We reserve the right to supplement and modify technical changes for stability and fastening at any time.

3. Provided documents

We reserve the right of ownership and copyright to all documents - also in electronic form - such as calculations, drawings, etc. provided to the buyer in connection with the placing of the order. These documents may not be made accessible to third parties unless raumvonwert explicitly gives the buyer the permission in written form. As far as raumvonwert does not accept the offer of the buyer within the period of pt. 1, these documents are to be returned to us immediately. In the event of use in breach of contract, the customer undertakes to pay reasonable compensation and, if applicable, damages.

4. Prices and Payment

a) Our prices include sales tax and packaging costs. Delivery and shipping costs are not included in our prices and will be displayed separately if necessary.

b) Payment of the purchase must be made to the account specified in the order confirmation without deduction of discount.

c) The purchase has to be paid within 10 days of receiving the invoice, unless otherwise agreed upon. Interest on late payments will be calculated 5% above the current base interest rate according to §247 BGB. We reserve the right to assert a higher damage caused by late payments. In the event that raumvonwert asserts a higher damage caused by the delay, the buyer has the opportunity to prove that the damage caused by the delay has not occurred at all or at least to a significantly lower amount.

d) Any increases in value added tax shall be borne by the customer.

5. Set-off and lien

The buyer is only entitled to offsetting if his claims have been legally established or are undisputed. The buyer is also entitled to offset against our claims if he makes complaints or counterclaims from the same purchase contract. The buyer is only entitled to exercise a right of lien to the extent that his counterclaim is based on the same contractual relationship.

 

 

6. Delievery time

a) Our delivery dates or delivery periods are non-binding statements, if no explicit binding delivery date has been agreed upon.

b) The beginning of the delivery time stated by us is depending on the timely and proper fulfillment of the buyer´s obligations. We reserve the right to raise the defence of non-performance of the contract.

c) the buyer is able to request raumvonwert in text (via email or post) to deliver within a reasonable time period weeks after passing the non-binding delivery date/delivery period.  Should raumvonwert fail to comply with an explicit delivery date/delivery deadline or be culpably in default for other reasons, the buyer must set a reasonable extension of time for the service to take effect.. If raumvonwert allows the period of grace to expire with no result, the buyer is entitled to withdraw from the contract of sale.

d) If the buyer is in delay of acceptance or culpably violates other obligations to collaborate, raumvonwert is entitled to demand compensation for the damage caused by this, including any additional expenses. We reserve the right to make further claims. The buyer on his part is entitled to prove that no damage at all or at least significantly less damage has been incurred in the amount requested. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the buyer at the point in time at which the buyer is in default of acceptance or debtor's delay.

e) Further legal claims and rights of the buyer due to a delay in delivery remain unaffected.

7. Reservation of ownership

a) raumvonwert reserves the right of ownership of the delivered goods until the complete payment of all claims arising from the contract.

 

b) As long as the ownership has not yet been transferred to the buyer, the buyer is obliged to treat the purchased item with care. In particular, he is obliged to insure it sufficiently at his own expense against theft, fire and water damage at its new value. If maintenance and inspection work has to be carried out, the buyer must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the buyer must inform raumvonwert immediately in writing (via email or post) if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse raumvonwert for the judicial and extrajudicial costs of a lawsuit according to § 771 ZPO, the buyer is liable for the loss incurred by raumvonwert.

8. Material faults and rectification of faults

a) As long as the information contained in brochures, advertisements and other offered documents of raumvonwert has not been expressly designated as binding by raumvonwert, the illustrations or drawings contained therein are only approximate. We reserve the right to make changes if they appear expedient for technical reasons or in line with technical progress and are reasonable for the customer in consideration of our interests.

 

b) If the delivered item does not have the quality agreed upon between the buyer and raumvonwert, or if it is not suitable for the use specified according to the contract or for general use, or if it does not have the properties that the buyer could expect according to raumvonwert's public statements, raumvonwert is obliged to provide further service. This does not apply if raumvonwert is entitled to refuse subsequent fulfilment due to legal regulations.

 

c) The buyer initially has the choice of whether the further service is to be carried out by rectification of defects or replacement delivery. raumvonwert is, however, entitled to refuse the type of further service chosen by the buyer if it is only possible at disproportionate cost and the other type of service does not involve any significant disadvantages for the buyer. During the further service the reduction of the purchase price or the withdrawal from the contract by the buyer is excluded. A rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else results from the nature of the item or the defect or the other circumstances in particular. If further service has failed or if we have refused further service altogether, the buyer may, at his discretion, demand a reduction of the purchase price (abatement) or declare withdrawal from the contract.

d) Attention: Wood is a natural product. Samples, prints and descriptions are for information purposes only. Natural deviations must be expected, large deviations can occur. Differences between individual components are no reason for complaint. Cracks or warping of wooden parts occurring after delivery, which are due to weathering, temperature and humidity fluctuations, do not constitute grounds for complaint and any liability for damages is excluded.

e) We reserve the right to tolerances of 5% for all agreed timber dimensions. If static requirements make this necessary, we also reserve the right to make further changes to the wood dimensions. Warranty claims of the customer cannot be derived from this. Unless the change would be unreasonable for the customer.

 

9. Liability

a) The buyer may only assert claims for damages under the following conditions due to the defect if further service has failed or further service has been refused. The right of the buyer to assert further claims for damages under the following conditions remains unaffected.

 

b) shall be liable without limitation, notwithstanding the above provisions and the following limitations of liability, for damages to life, body and health which are based on a negligent or intentional breach of duty, as well as for damages which are covered by liability under the Product Liability Act, and for all damages which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent. As far as we have given a guarantee of quality and/or durability regarding the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage which is based on the absence of the guaranteed quality or durability but which does not directly affect the goods if the risk of such damage is obviously covered by the guarantee of quality and durability.

 

c) shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, raumvonwert is only liable insofar as the damages are typically connected with the contract and are foreseeable. In the case of simple negligent breaches of secondary obligations that are not essential to the contract, raumvonwert is otherwise not liable. In the case of advice from external companies (property developers, architects, etc.), we cannot accept any liability for sampling and advice errors.

 

d) Any further liability is excluded regardless of the legal nature of the claim asserted. As far as the liability of raumvonwert is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

 

e) The limitation period for liability due to a material defect is 2 years, for building materials 5 years, calculated from the transfer of risk. This period shall also apply to claims for compensation for consequential damage caused by a defect, unless claims in tort are asserted.

f) Liability for incorrect use is excluded. It is the customer's responsibility to check whether the staircase offered corresponds to the intended dedication with regard to the building regulations.

 

10. Privacy policy

Personal data may be exchanged and stored in the event of enquiries from the buyer, the acceptance of orders and the processing of the contract. raumvonwert processes the buyer's contact, order and payment information exclusively to the extent necessary for this purpose (see Art. 6 Para. 1 b) of the EU General Data Protection Regulation). Any processing beyond this is only carried out after mutual agreement and within the framework of the legal principles. Details about the type and scope of any processing of personal data by raumvonwert can be found in the information on our website: https://www.klapster.de/datenschutz?lang=en .

 

11. Terms of use of our website

By visiting and using the website of raumvonwert (https://www.klapster.de), you accept the associated terms of use without limitation or reservation. The terms of use can be found here: https://www.klapster.de/nutzungsbedingungen?lang=en.

 

12. Text form

All changes, deletions or additions to these General Terms and Conditions as well as other agreements on essential contractual components must be made in text form.  This also applies to changes to this text form clause.

 

13. Cancellation policy and cancellation form

Your were sent a separate cancellation policy and a cancellation form with the conclusion of the contract. These can also be viewed here: https://www.klapster.de/Widerrufsbelehrung?lang=en.

14. Miscellaneous

a) raumvonwert does not offer any assembly services unless specially agreed upon in individual contracts.

 

b) The commercial resale of the goods is not permitted for copyright and competition law reasons.

 

c) The buyer will not modify the goods and will observe the existing warnings about the dangers of improper use of the goods.

 

d) This contract and all legal relations between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

 

e) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.