AGB - B2C
Terms and conditions for private customers:
1. Scope of application
1.1 All contracts, sales and supplies shall be exclusively subject to the following terms and conditions, if the contracting party is a consumer and if not explicitly agreed otherwise.
2. Offers and conclusion of contract, Prices
2.1 The offers contained in our sales documents – unless expressly designated as binding – are non-obligatory
2.2 Offers made by the customer shall only be deemed accepted if confirmed in writing or electronically. This is the equivalent of the implementation of an order from the customer by us.
2.3 Our prices for deliveries apply ex works free truck / wagon loading (Ex Works) excluding value added tax and packaging and if delivery agreed, plus delivery costs.
3. Deliveries and transfer of risk
3.1 The risk shall pass to the customer upon provision of the goods at the delivery plant and notification of the customer, if delivery to the customer is not agreed.
3.2 If the collection by the customer does not take place within 8 days after the agreed date, then the dispatch takes place by us by means of an appropriate mode of dispatch on account of the customer.
3.3 If the delivery to the customer has been agreed, this is done by a carrier selected by us.
3.4 We are entitled to make partial deliveries to a reasonable extent.
3.5 The delivery period shall be reasonably extended if delivery is delayed due to force majeure. The customer will be informed immediately about the beginning and end of such circumstances. The customer will be informed immediately of the beginning and end of such circumstances.
4.1 Invoices are due for payment in advance of delivery.
4.2 Payments by bills of exchange and cheques shall only be accepted by special agreement. Discount and bill charges shall in any case be borne by our customer. Discount and exchange expenses are in any case at the expense of our customer.
4.3 Offsetting against counterclaims is only permissible if the counterclaims are legally established or recognized by us.
5. Retention of Title
5.1 All delivered goods shall remain our property (reserved goods) until all claims have been settled, in particular also those balance claims to which we are entitled within the scope of the business relationship. This also applies to future or conditional claims. This also applies to future or contingent claims.
5.2 The customer must inform us immediately of any seizure or other impairments by third parties.
5.3 If the value of the existing securities exceeds the secured claims by more than 20% in total, we shall be obliged to release securities of our choice to this extent. Upon redemption of all claims of the seller arising from the business relationship, ownership of the reserved goods and the assigned claims shall pass to the customer. With the repayment of all claims of the seller from the business relationship, the ownership of the reserved goods and the assigned claims pass to the customer.
6. General Limitation of Liability
6.1 Unless otherwise stipulated in these terms and conditions, we shall be liable for damages due to breach of contractual or non-contractual obligations or in the event of contract initiation only in the event of intent or gross negligence on the part of our legal representatives or vicarious agents as well as in the event of culpable breach of material contractual obligations. In the event of culpable breach of essential contractual obligations, we shall be liable – except in cases of intent or gross negligence on the part of our legal representatives or vicarious agents – only for the foreseeable damage typical of the contract. In the event of culpable breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical of the contract, except in cases of intent or gross negligence on the part of our legal representatives or vicarious agents.
6.2 Clause 6. 1 shall not apply in the event of injury to life, limb or health.
6.3 Claims for personal injury or damage to privately used property under the (German) Product Liability Act remain unaffected.
7.1 The agreed quality of the subject matter of the contract owed by us results exclusively from the contractual agreements with our customer.
7.2 Wood is a natural product and therefore has a corresponding range of colors, grains and structures, slight leneatus infestation, cracking, deformation or shrinkage must also be accepted within of even a wood species. The customer shall observe these properties as well as other biological, physical and chemical properties of wood. These properties as well as the other biological, physical and chemical properties of wood must be observed by the customer.
8. Data Protection
We are entitled to process the data received from our customer on the basis of the business relationship in accordance with the provisions of the German General Data Protection Regulation (DSGVO) and -subsequently- the German Federal Data Protection Act (BDSG).