Terms and conditions
Article 1 GENERAL
a. These terms and conditions apply to all our offers and all contracts entered into with us, including advice and information provided and work performed.
b. Terms deviating from those in the concluded contracts shall only apply when we expressly confirm this in writing.
c. If the other party has once entered into a contract with us on the basis of these terms and conditions, or is otherwise familiar with them or may reasonably be expected to be familiar with them, these terms and conditions shall by that fact apply to every subsequent contract to be concluded with us.
Article 2 OFFERS
a. All offers are, unless expressly stated otherwise, non-binding. The offer is valid for the period stated in the quotation. If no period is stated in the quotation, the offer is valid for 14 days after the quotation is issued. After the expiry of the period, the non-binding offer lapses by operation of law.
b. Contracts are only concluded after the order and/or assignment from the other party, whether or not following a quotation issued by us, has been confirmed by us in writing, or, if the other party is acting as a natural person not in the exercise of a profession or business, has signed the order confirmation, or has been factually executed.
c. The data and/or images stated in our catalogs, price lists, brochures, website(s) and other general documents have been carefully compiled, but the data stated therein are indicative, so that the other party cannot derive any rights from them, unless expressly stated otherwise.
d. If we have to execute the order and/or assignment according to drawings, diagrams, molds, instructions, dimensions, weights, etc. provided by the other party, the other party guarantees the accuracy and completeness of the information provided.
e. If an offer does not lead to a contract, all documents handed over by us to the other party in this regard, such as designs, drawings, samples, etc., shall be returned to us free of charge.
Article 3 QUALITY
a. In the case of offers and/or delivery according to a sample and/or model, these serve only as a measure to determine the average quality and finish of the goods to be delivered.
b. Natural stone samples and/or (showroom) models must be considered as types, so that differences in color and structure are permissible.
c. Professionally applied glue, grout, and jointing work, etc. in the delivered goods does not constitute defective delivery if the nature and/or condition of the material makes such work necessary in our opinion.
Article 4 DIMENSIONS AND MEASUREMENTS
a. When calculating and reconciling processed natural stone, the volume of each piece is calculated based on the smallest described rectangular parallelepiped.
b. If delivered per m², the surface area of each piece is calculated based on the smallest described rectangle, where the minimum surface area is 1.44 m².
c. When calculating surface and volume measurements, parts of centimeters are counted as whole centimeters and decimals are rounded up from the number 5.
Article 5 PRICES
a. All prices are, unless expressly agreed otherwise in writing, ex-factory or ex-warehouse and inclusive of value added tax, costs of packaging, assembly, installation and shipping, as well as other levies and/or duties imposed by the government.
Article 6 DELIVERY & DELIVERY TIME
a. Statements regarding delivery terms and times are only approximate, unless otherwise expressly accepted by us in writing as binding. We have the right to deliver the goods in partial shipments.
b. When delivering by color, the inspection by the other party must take place at the place of delivery, taking into account the agreed quality.
c. If the other party does not accept the goods offered by us for delivery, all reasonable costs arising therefrom, such as transport, storage and keeping costs, shall be borne by the other party and the goods shall be at their risk. After a written notice of default, subject to a period of 30 days, we are authorized to sell the goods on behalf of the other party at their expense, under the obligation to pay the proceeds to the other party, after deducting all our claims against the other party, without prejudice to our right to compensation for damages.
d. Every agreed delivery period starts on the day when the supplier is in possession of all the data necessary for the execution of the work.
e. When the supplier itself must determine dimensions in the work or check data in the work, the delivery time starts at the moment when it can reasonably be expected that the measurement or check has taken place. The determined dimensions or control measurements in the work are confirmed in writing by the supplier to the other party.
f. The stated delivery times are never fatal deadlines, unless expressly agreed otherwise. In the event of late delivery, the supplier must be given a written notice of default by the other party, whereby the supplier is given a reasonable period to still comply. In the event of exceeding the delivery time, except in the case of force majeure, the supplier is obliged to compensate the damage of the other party when they can be blamed for such late delivery according to the law.
G. Exceeding the agreed delivery time only gives the other party the right to rescind the contract after they have first notified the supplier in writing and by registered mail that they are in default, whereby the supplier is allowed a reasonable period to still fulfill their delivery obligation.
Article 7 PAYMENT
a. Payment must be made at our place of business no later than the fourteenth day after the invoice date, without any discount and/or set-off being allowed, unless otherwise agreed in writing.
b. If we deliver in parts, we are entitled to invoice each partial delivery separately.
c. Orders can be accepted with a down payment of 100%. With a down payment of 50%, the order is reserved.
Article 8 RETENTION OF TITLE
a. We remain the owner of the goods delivered or to be delivered by us to the other party as long as the other party has not paid our claim(s) regarding the consideration of the contract or a similar contract. We also remain the owner of the delivered or to be delivered goods as long as the other party has not fully paid for the work performed or yet to be performed under such contract(s), including claims regarding penalties, interest and costs.
b. Should we have one or more claims against the other party that do not arise from delivered or to be delivered goods, or work performed or to be performed on behalf of the other party, or arise from previously delivered goods that are no longer present, as well as claims regarding a failure to fulfill such contracts, then a payment received from the other party shall first be applied to the payment of those claims.
c. If the other party does not or does not fully fulfill their obligations, we are entitled to immediately retrieve the goods delivered by us. In that case, the other party undertakes to give us free access to the place where the goods are located and to assist us in the handover of the goods to us.
Article 9 CANCELLATION OF ORDERS
Unfortunately, we do not take back tiles that have been sold in the store.
a. Contracts extending to the delivery of products/items ordered by us or elsewhere at the request of the other party, which have been ordered, manufactured, and/or processed by us, cannot be canceled.
b. If the other party wishes to cancel a contract entered into with us, and it exclusively concerns products/items that are part of our standard inventory, which inventory has not been manufactured and/or processed by us and/or by third parties on order, if and insofar as we expressly agree in writing to the cancellation, the other party is immediately liable to us for cancellation costs, being at least 25% of the total invoice amount associated with the concluded contract, excluding value added tax.
Article 10 LIABILITY
a. We accept no liability for direct or indirect damage, however termed, which arises for the other party or third parties in connection with advice provided by us, goods to be delivered or delivered, or parts thereof, and/or in connection with the execution of the contract(s), including work performed. b. Nor are we liable for damage, direct or indirect, which arises through subordinates, non-subordinates and/or representatives and/or auxiliary items used by us.
c. If the other party uses the goods delivered by us, in connection with which third parties suffer damage, direct or indirect, the other party is obliged to indemnify us against any claims of those third parties against us.