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Terms and Conditions

General terms and conditions of sale of raumvonwert GmbH for consumers  (AGBV)

 

1. General

The sale of all goods and the provision of related services by the seller ("raumvonwert") to the consumer ("customer") are exclusively subject to the following general terms and conditions for consumers ("GTC") and the associated individual agreement rendered. In the event of discrepancies between these GTC and a written individual agreement between the seller and the customer, the provisions of the individual agreement shall take precedence.

2. Offer and conclusion of contract

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

 

3. Documents Provided

We reserve the right of ownership and copyright to all documents – also in electronic form – such as calculations, drawings etc. provided to the customer in connection with the placing of the order. These documents may not be made accessible to third parties unless raumvonwert gives the customer its express written consent. If raumvonwert does not accept the customer's offer within the period of point 1, these documents must be returned to us immediately. In the event of use contrary to the contract, the customer undertakes to pay appropriate remuneration and, if necessary, compensation.

 

 

4. Prices and Payment

  1. Our prices include sales tax and packaging costs. Delivery and shipping costs are not included in our prices and may be shown separately.

  2. The payment of the purchase price must be made exclusively to the account specified in the order confirmation without deducting any discount.

  3. Unless otherwise agreed, the purchase price is to be paid within 30 days of invoicing. Interest on arrears will be charged at a rate of 5% above the current base interest rate according to Section 247 of the German Civil Code. The assertion of a higher damage caused by default remains reserved. In the event that raumvonwert claims a higher damage caused by default, the customer has the opportunity to prove that the damage caused by default was not incurred at all or was at least significantly lower.

  4. Increases in VAT are at the expense of the customer.

5. Offsetting and Retention

The customer only has the right to offset if his claims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts complaints or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

6. Delivery time

  1. Unless an expressly binding delivery date has been agreed, our delivery dates and delivery times are non-binding information.

  2. The beginning of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.

  3. Weeks after a non-binding delivery date/delivery period has been exceeded, the customer can request delivery within a reasonable period of time in text form (via email or post). If raumvonwert culpably fails to meet an express delivery date/delivery period or is culpably in default for another reason, the customer must set a reasonable grace period for the performance of the service. If raumvonwert allows the grace period to elapse without result, the customer is entitled to withdraw from the purchase contract.

  4. If the customer is in default of acceptance or culpably violates other obligations to cooperate, raumvonwert is entitled to demand compensation for the damage incurred as a result, including any additional expenses. Further claims remain reserved. For his part, the customer reserves the right to prove that damage of the requested amount did not occur at all or at least was significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he defaults in acceptance or as a debtor.

  5. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

7. Retention of Title

  1. retains ownership of the delivered item until all claims arising from the contract have been paid in full.

  2. As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must inform raumvonwert immediately in text form (via email or post) if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse raumvonwert the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for  the loss incurred in terms of room value.

8. Material Defects and Elimination of Defects

  1. Insofar as the information contained in the brochures, advertisements and other offer documents has not been expressly designated as binding by raumvonwert, the illustrations or drawings contained there are only approximately authoritative. We reserve the right to make changes if they appear appropriate for technical reasons or based on technical progress and are reasonable for the customer, taking our interests into account.

  2. If the delivered item does not have the quality agreed between the customer and raumvonwert, or it is not suitable for the purposes stipulated in the contract or for use in general, or it does not have the properties that the customer could expect according to raumvonwert's public statements, then raumvonwert is obliged to supplementary performance. This does not apply if raumvonwert is entitled to refuse supplementary performance due to statutory regulations.

  3. The customer initially has the choice of whether subsequent performance is to take the form of repairs or a replacement delivery. is space worth  however, entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. During the supplementary performance, the purchaser cannot reduce the purchase price or withdraw from the contract. A subsequent improvement is deemed to have failed with the unsuccessful second attempt, unless something else arises from the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer can either demand a reduction in the purchase price (reduction) or withdraw from the contract.​

  4. Attention: Wood is a natural product. Samples, prints and descriptions are for information only. Natural deviations are to be expected, large deviations can occur. Differences between individual components is not a reason for complaint. Cracking or warping of wooden parts occurring after delivery, which can be attributed to weather influences, temperature and humidity fluctuations, do not constitute a complaint and liability for damages is excluded.​

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

 

9. Liability

  1. The customer can only assert claims for damages under the following conditions because of the defect if the subsequent performance has failed or the subsequent performance has been refused. The customer's right to assert further claims for damages under the following conditions remains unaffected.

  2. is liable without prejudice to the above regulations and the following  Limitations of liability without restriction for damage to life, limb and health based on a negligent or intentional breach of duty, as well as for damage covered by liability under the Product Liability Act, and for all damage caused by intentional or grossly negligent breaches of contract and fraudulent intent. Insofar as we have given a quality and/or durability guarantee for the goods or parts thereof, we are also liable under this guarantee. However, we are only liable for damage that is based on the lack of the guaranteed quality or durability, but does not occur directly on the goods, if the risk of such damage is clearly covered by the quality and durability guarantee.

  3. is also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, raumvonwert is only liable if the damage is typically associated with the contract and is foreseeable. For the rest, raumvonwert is not liable for simple negligent violations of secondary obligations that are not essential to the contract. In the case of advice from external companies (property developers, architects, etc.), we cannot assume any liability for sampling and advice errors.

  4. Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as the liability of raumvonwert is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

  5. The statute of limitations for liability due to a material defect is 2 years, for building materials 5 years, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted.

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

10. Privacy

Personal data may be exchanged and stored in the event of inquiries from the customer, acceptance of orders and the processing of the contract. raumvonwert processes the customer's contact, order and payment information only to the extent necessary (see Art. 6 Para. 1 b) of the EU General Data Protection Regulation). Any further processing will only take place after mutual agreement and within the framework of the legal basis. Details about the type and scope of the processing of personal data that may take place on the part of raumvonwert result from the information on our website:  Privacy Policy

 

11. Terms of Use our site

When you access the raumvonwert website (https://www.klapster.de) and use it, you accept the associated terms of use without restriction and unconditionally. The terms of use can be found here:  Terms of Use

12. Text form:

All changes, deletions or additions to these terms and conditions as well as other agreements on essential parts of the contract must be in text form.  This also applies to changes to this text form clause.

 

13. Cancellation policy and cancellation form

You were sent a cancellation policy and a cancellation form separately when the contract was concluded. These can also be viewed here:  Right of Withdrawal.

 

14. Miscellaneous

  1. Unless expressly agreed in an individual contract, raumvonwert does not offer any assembly services.

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

  3. The customer will not change the goods and will observe the existing warnings about the dangers of improper use of the goods.

  4. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).

  5. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.