General Terms and Conditions of Business and Delivery of the company Vertäfelungen & Lambris - Tobias Klaus

The basis of a good business relationship are not the terms of delivery and payment, but communication, co-operation and mutual trust. Nevertheless, we cannot nevertheless cannot avoid stipulating some points for all transactions with our customers that deviate or in addition to the statutory regulations.
All information and documents that are relevant to the formulation, realisation and and fulfilment of an order should be transmitted by e-mail. Experience has shown that verbal agreements are risk of being forgotten or only incompletely or misunderstood and understood and passed on. This applies in particular to foreign-language projects.
V&L is authorised to transfer the planning and execution of the order in whole or in part to third parties.  

1 Scope of application
These General Terms and Conditions (GTC) are an integral part of all offers, services, deliveries and contracts of Vertäfelungen & Lambris - Tobias Klaus e. K. (hereinafter referred to as V&L), including consulting services, information, etc., also in current and future business relations, in their current version. The provisions of the German Commercial Code (HGB) for commercial transactions between fully qualified merchants shall apply to all delivery contracts.

The General Terms and Conditions shall apply in particular to all contracts for the supply of goods concluded by a consumer or a businessman on the basis of the goods presented in the V&L online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

V&L reserves the right to change and/or extend the general terms and conditions as far as this is required by law. They are recognised and accepted as binding with the conclusion of the contract. Any conflicting terms and conditions of the buyer are expressly excluded. Subsidiary agreements, amendments or additions to the contract shall only be effective if they have been confirmed in writing by V&L.

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
Buyers within the meaning of these terms and conditions are both consumers and entrepreneurs.
A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for a purpose which is predominantly outside his or her trade, business or profession.
An Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in the exercise of his or her commercial or independent professional activity.

2 Conclusion of contract
The offers contained in brochures, advertisements, catalogues and on the website (www.vertaefelungen.de) are subject to change and non-binding, including with regard to prices and the presentation of colour samples. They do not constitute an offer but a non-binding invitation.

The Customer may place an order via the Website by clicking on the "Submit Order" button as the last step in the ordering process, or by e-mail or letter. By ordering the desired goods, the customer makes a binding offer to enter into a contract.

V&L accepts the binding offer by sending a written order confirmation by e-mail or post within 5 working days. V&L is entitled to refuse acceptance.

The conclusion of the contract is subject to the condition precedent that the payment specified in the order confirmation has been received on the account of the contractor. The production of the ordered goods shall be initiated upon receipt of payment.

In the case of custom-made products, special agreements shall apply, which shall be set out in writing in advance.

The agreement is concluded subject to the proviso that in the event of non-availability or only partial or improper availability of the goods, the contractor will not perform or will only perform in part. This only applies if the non-availability is not the fault of the Company. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. The consideration for the unavailable goods will be refunded immediately.

The contract is concluded with the company Vertäfelungen & Lambris - Tobias Klaus, Am Friedensplatz 3, 39307 Zabakuck.

3 Cancellation policy
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the date on which you, or a third party other than the carrier designated by you, took possession of the last goods.

- To exercise your right of cancellation, you must notify us of your decision to cancel the contract in writing (e.g. by letter or e-mail). You may, but are not obliged to, use the attached sample cancellation form.

- In order to comply with the cancellation period, it is sufficient that you send your notice of cancellation before the end of the cancellation period.

You can find the sample withdrawal form here:
The legislator provides the following sample withdrawal form in Annex 2 to Article 246a § 1 paragraph 2 sentence 1 number 1 and § 2 paragraph 2 number 2 EGBGB: (If you wish to withdraw from the contract, please complete this form and return it to us). To: Panelling & Lambris - Tobias Klaus, 39307 Zabakuck, Am Friedensplatz 3 / mail@vertaefelungen.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for notification on paper) Date (*)
Delete as appropriate.

Consequences of cancellation
If you cancel the contract, we will reimburse you for all payments received from you, including the cost of delivery (excluding any additional costs incurred as a result of your choosing a delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days after the day on which you notify us of your decision to cancel the contract.
For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, and in no case will you be charged any fees.

- We may withhold the refund until we have received the goods or until you have provided us with proof that you have returned the goods, whichever is the earlier.

- You must return the goods to us immediately and in any event within fourteen days of the day on which you notify us of your cancellation. The time limit is met if you dispatch the goods before the end of the fourteen days.

- You are responsible for the cost of returning the goods. You will only have to pay for any deterioration in the value of the goods if this is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

- The right of cancellation does not apply to the following contracts in accordance with Section 312g (2) of the German Civil Code (BGB)
1. contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
2. contracts for the supply of goods which may perish quickly or whose expiry date would be exceeded quickly.

4 Changes to current orders
Changes are only possible if the production of the services agreed in the order has not yet started. If the buyer requests a change to a current order, V&L shall submit an additional offer stating the cost of the changes requested by the buyer and the impact on production and delivery time. V&L reserves the right to refuse requests for changes if they do not appear to be feasible.
The planning work carried out for the original order remains fully chargeable.
In the absence of a supplementary agreement between the parties, V&L shall fulfil the original order.
The buyer's request for changes will extend the agreed delivery time of the current order, e.g. by the time needed for the customer to receive new documents, for V&L to check the documents, to carry out new planning work and to prepare the supplementary offer, and by the time needed for the buyer to decide whether to accept or reject the supplementary offer.

5 Right of withdrawal and return
The right of cancellation shall only exist under the statutory conditions of §§ 323 ff. BGB (GERMAN CIVIL CODE).
The return of custom-made goods is excluded. If a return is expressly agreed in writing in an individual case, only a maximum of 20% of the value of the goods will be credited. The exact amount is to be checked in each individual case. The cost of the individually agreed return shall be borne by the Buyer. Returns of delivered goods will not be accepted without the prior consent of V&L.

6 Place of performance and dispatch
The place of performance is the respective manufacturing plant or the agreed delivery address. If delivery is agreed with the customer, a debt shall arise which is to be discharged by dispatch. V&L reserves the right to choose the means of transport and to use subcontractors. Delivery and dispatch are always at the expense of the customer. Upon delivery of the goods at the place of performance, the contractual obligation shall be deemed fulfilled and the risk shall pass to the customer.
Transport insurance is included in the transport costs and cannot be waived. Dispatch shall be made to the agreed address free lorry or free kerbside. The prices are based on the freight and shipping costs applicable on the day of dispatch. Additional costs may be incurred for overseas deliveries, such as customs duties, customs clearance, storage costs, import clearance, fees and costs of an authorised customs broker or additional taxes.

7 Delivery and Impossibility
Delivery is subject to availability. Delivery times are only approximate unless the Seller has agreed in writing to binding delivery times. The delivery period may be extended by the time necessary for the Buyer to provide all information, documents and samples required for the execution of the order. Adherence to delivery periods is subject to undisturbed operations at the Supplier's works and unhindered shipping and delivery facilities.

Events of force majeure, industrial disputes, traffic disruptions and obstructions, shortages of means of transport, energy, raw materials and auxiliary materials or operational disruptions of any kind in the Seller's own business or in businesses connected with the performance, as well as obstacles caused by sovereign measures which make delivery more difficult, shall release the Seller from the obligation to deliver in full for the duration of their effects or in the event of impossibility.

Notes on the delivery of the goods ordered:
When the goods are delivered, the driver must be present to check that the goods are undamaged and that the number of packages is correct. If this is not the case, the damage must be immediately noted on the waybill and delivery note in the presence of the driver. Make sure you take photos of the damage and send them to us immediately by email to mail@vertaefelungen.de.
The goods are insured against damage in transit.

Please check the goods within 5 days for breakage, quantity discrepancies and quality defects.

In case of damage:
Please send us photos of all transport damage and other defects.
Please state the number of damaged items.

8 Default of acceptance
The buyer shall be liable for the consequences of insufficient and delayed call-off. Furthermore, V&L as seller shall only be liable for intent and gross negligence in the event of default of acceptance in accordance with § 300 BGB. Costs and damages, in particular additional transport costs, transport risks and storage costs shall be borne by the Buyer who refuses acceptance in the event of unjustified non-acceptance. If interim storage is agreed, storage costs of € 3.50 per pallet per day will be charged. Interim storage does not release the customer from the obligation to pay.

9 Prices and payment
- All prices are quoted in Euros (€) and are net, ex works.
- Statutory VAT is shown separately.
- The prices quoted on our website are gross prices, including statutory VAT, plus delivery charges.
- For cash sales, the purchase price is due immediately on receipt of the goods without any deductions.
- A deposit of 50% is required for orders of customised products.
- A deposit of 100% is required for orders from third countries.
- The amount of the deposit, the purpose of the order and our bank details will be specified in our quotation.
- A deposit invoice will be issued on receipt of payment.
- Invoices are payable by the 14th day after the invoice date. The due date is the invoicing date shown on the invoice. The exact date of payment is stated on the invoice.
- Discounts are subject to written agreement. Discounts will only be calculated after deduction of rebates from the net value of the goods. The granting of a discount is subject to there being no other outstanding items on the customer's account.
- The Seller's invoices shall be deemed to have been accepted unless objected to in writing within 14 days of the invoice being issued.
- A pro rata charge of €15.00 shall be made for each reminder sent by us, as well as the full amount of fees and expenses for any legal collection action taken by third parties. We reserve the right to claim further damages.
- In accordance with the law, payments received will be credited to the oldest claim and initially to interest and costs.
- In the event of late payment, all outstanding claims, including those not yet due or deferred, shall become due immediately. We reserve the right to charge interest on arrears in accordance with § 288 BGB.
In the case of partial deliveries, default shall entitle V&L to refuse the quantities still to be delivered under the order without liability for damages.
- In the event of cessation of payments, the filing of a petition for the opening of composition or bankruptcy proceedings by the Buyer, all invoices of the Seller shall become due for immediate payment. At the same time, all rebates, discounts and bonuses shall be deemed to have lapsed and the Buyer shall pay the gross prices invoiced without deduction.
- If, after the conclusion of the contract, it becomes apparent that the Buyer's creditworthiness is not suitable for the granting of credit and payment terms, the Seller shall be entitled, at its discretion, to demand advance payment or the provision of security for due and non-due claims arising from all existing contracts and to refuse performance until advance payment or the provision of security has been made.
- If advance payment or provision of security is not made in due time, V&L may withdraw from the contract or claim damages for non-performance in accordance with §§ 280 I, III, 281 BGB (German Civil Code).

10 Calculation of VAT for EU or third country customers
If the goods are delivered to a third country, the statutory VAT will be refunded on presentation of the EU export confirmation.
For business customers from an EU country with a delivery address in an EU country, no VAT will be charged if the business customer has a valid VAT identification number.
For private customers from an EU country with a delivery address in an EU country, VAT will be charged.

11 Retention of title
V&L retains title to the delivered goods and services until full payment of all claims arising or still arising from the business relationship with the purchaser, irrespective of their nature and legal basis, in accordance with § 449 BGB (German Civil Code). In the event of seizure or other intervention by third parties, the buyer must inform us immediately in writing. If the Buyer defaults in payment, the Seller shall be entitled to take back the reserved goods after a reminder and the Buyer shall be obliged to surrender them. The Buyer shall bear the full cost of returning the goods. If the goods subject to retention of title are processed by the buyer into a new movable item, the processing is carried out for the seller, without the seller being obliged as a result; the new item becomes the property of the seller. If the goods are processed together with goods that do not belong to the Seller, the Seller shall acquire co-ownership of the new goods in the ratio of the value of the goods subject to retention of title to the other goods at the time of processing. If goods subject to retention of title are combined, mixed or blended with goods not belonging to the Seller in accordance with §§ 947, 948 of the German Civil Code, the Seller shall acquire co-ownership in accordance with the statutory provisions. If the Buyer acquires co-ownership as a result of combining, mixing or blending, he hereby transfers co-ownership to the Seller in the ratio of the value of the goods subject to retention of title to the other goods at the time of combining, mixing or blending.

12 Notice of defects, warranty and liability
V&L warrants for a period of 2 years from the date of delivery that the delivered goods are free from defects in material and title according to the state of the art in accordance with §§ 434, 435 BGB (German Civil Code). Liability for wear and tear is excluded. V&L shall not be liable for defects and damage resulting from unsuitable or improper use, non-observance of instructions for use or incorrect or negligent handling.
Obvious defects must be reported immediately, but no later than 3 working days after receipt of the delivery by e-mail with photos and quantities; in commercial transactions, §§ 377, 387 of the German Commercial Code (HGB) also apply. New warranty/guarantee periods do not come into effect as a result of an exchange under the warranty/guarantee.

13 Colour deviations, dimensional deviations, basis of calculation
V&L does not accept any liability for noticeable colour or structure deviations in the screen representation of colour samples on the Internet and in print media, as these vary depending on the technical conditions.

Samples and specimens are only approximate examples of quality, dimensions and colour. Due to the typical characteristics and natural properties of wood and the high degree of manual labour involved, no guarantee can be given that deliveries will match the samples provided. We therefore reserve the right to make dimensional and colour variations within the delivery.

Repeat orders may vary in colour and size from the main order.
The buyer must take into account the biological, physical and chemical properties of the materials when purchasing and using them. The range of natural differences in colour, structure and other differences within a type of wood are part of the properties of the natural product wood and do not constitute grounds for complaint or liability.

The standard German units of measurement are used for our products.
Calculations are made in pieces, kg, cm, running metres, m², etc.

14 Data storage
In accordance with § 28 of the Federal Data Protection Act (BDSG), we would like to point out that the data required for business transactions are processed and stored using an EDP system in accordance with § 33 (BDSG). Personal data will be treated confidentially. The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. In order to be able to process and deliver your order, we will only pass on your data to the delivery service commissioned with the delivery.

15 Jurisdiction
The place of jurisdiction is the registered office of V&L. V&L is also entitled to sue at the buyer's domicile.

16 Severability clause
Should one of the provisions of these terms and conditions or the delivery contract prove to be invalid, the remaining provisions shall remain unaffected and shall continue to be valid. German law applies to all deliveries, including cross-border deliveries, to the exclusion of EU sales law.

 

Zabakuck 28.03.2024

Contakt
Tel +49 176 700 133 15
E-Mail:mail@vertaefelungen.de