Futura Floors General terms and conditions of sales and delivery
Futura Floors GmbH
pödeldorfer strasse 146, 96050 bamberg, District Court Bamberg, registration number: HRB 8457, VAT identification number: DE296835842
§ 1 Scope
1.1 These general terms and conditions (AGB-K) apply exclusively to the business relationship (= initiation, formation and execution of contracts for the delivery of movable goods ("goods" or "products") from Futura Floors GmbH (legal entity : Futura Floors GmbH, pödeldorfer strasse 146, 96050 bamberg, as the user of these terms and conditions and contractual partner) with its customers (= consumers, entrepreneurs).
1.2 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their Independent professional activity can be attributed (§ 13 BGB). Entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their commercial or independent professional activity (§ 14 BGB).
1.3 For the business relationship of Futura Floors GmbH with company The general terms and conditions for entrepreneurs (AGB-U) in section II also apply.
1.4 The general terms and conditions of Futura Floors GmbH apply exclusively; general conditions of the customer for his business relationships do not become part of the contract, even if they are known by Futura Floors GmbH, unless their validity is expressly approved in writing by Futura Floors GmbH.
§ 2 Quality of products
The following is agreed as the quality of the goods ordered: Wood is a natural product; its natural properties, deviations and characteristics must always be observed. In particular, the customer has to take into account its biological, physical and chemical properties when buying and using. The range of natural color, structure and other differences within a type of wood is one of the properties of the natural product wood and does not constitute a reason for complaint or liability. It is recommended that you purchase 5-10% more than you need for re-sorting and installation. Professional advice is to be obtained by the customer on his own responsibility.
§ 3 offers, conclusion of contract, right of withdrawal
3.1 The presentation of goods in sales rooms or via a web shop / homepage does not constitute a binding offer from Futura Floors GmbH.
3.2 At the request of a customer, Futura Floors gives the customer a non-binding offer to conclude a purchase contract, which prompts the customer to submit a binding offer is (invitatio ad offerendum).
3.3. An order placed by the customer based on the non-binding offer constitutes a binding offer by the customer in accordance with § 145 BGB to conclude a purchase contract.
3.4 Futura Floors GmbH can make an offer of the customer while absent (§ 147 paragraph 2 BGB) within 12 working days ( Calculation of deadlines without Saturdays, Sundays and public holidays; the day of receipt of the order is not included) at its own discretion by accepting the delivery in text form (e.g. email) or delivering the goods, unless otherwise agreed. With the acceptance by Futura Floors GmbH, the contract between the customer and Futura Floors GmbH comes into being (contract conclusion).
3.5 If the contract is not concluded within the acceptance period (Section 3 No. 3.4 Sentence 1), the customer's offer expires (Section 3 No. 3.3).
3.6 Legal right of withdrawal for consumers with distance contracts:
a. For distance contracts for the delivery of goods, customers who are consumers (§ 1 No. 1.2 sentence 1) have a right of withdrawal in accordance with the statutory provisions. This right of withdrawal does not exist for goods that were made according to customer specifications or that are clearly tailored to the personal needs of the customer.
b. Does a consumer exercise the right of withdrawal according to Section 3 No. 3.6a. Use, he has to bear the regular costs of the return.
c. For the rest, the regulations apply, which are detailed in the following cancellation policy:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the last partial shipment or the last piece was delivered. In order to exercise your right of cancellation, you have to give us Futura Floors GmbH, Pödeldorfer Strasse 146, 96050 Bamberg, Telephone: +49 (0) 951 917 888-0, Fax .: +49 (0) 951 917 888-19, Email: email@example.com, by means of a clear statement (e.g. a letter sent by post, Fax or email) of your decision to cancel this contract.
You can use the attached sample cancellation form, but this is not mandatory. You can also electronically fill in and send the sample withdrawal form or another clear statement on our website www.futurafloors.com. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we will return all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheap standard delivery we have offered) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
End of revocation
§ 4 packaging, shipping, delivery, transfer of risk
4.1 Unless otherwise agreed, all packaging and shipping costs for transport to the customer shall be borne by the customer, which are shown separately on the invoice. However, this only applies if they are announced when placing the order before the customer makes a binding offer.
4.2 Unless otherwise agreed, delivery is made from the warehouse to the delivery address specified by the customer, free to the curb.
4.3. The delivery takes place by truck, plane or ship. If a delivery is made by truck, the unloading point must be accessible to the customer with a heavy truck or truck-mounted forklift. Futura Floors GmbH can assume this until further notice.
4.4 Information about the delivery period is non-binding. The expected delivery period or expected delivery date is specified in the order confirmation (delivery period).
4.5 The delivery obligation of Futura Floors GmbH is subject to the self-supply by the suppliers of Futura Floors GmbH; however, this only applies if Futura Floors GmbH is not responsible for the non-delivery.
4.6 If Futura Floors GmbH according to § 4 No. 4.1. or is unable to deliver an ordered product for any other reason through no fault of his own, the customer will be informed immediately that the ordered product is not available. If the impediment to performance continues for more than three months, both contracting parties are entitled to withdraw from the contract. The customer's statutory claims going beyond this remain unaffected. The return service rendered by the customer will be refunded immediately in the event of cancellation by Futura Floors GmbH.
4.7 The fulfillment of the contract in partial deliveries and partial services is permissible to a reasonable extent. Additional costs arising from partial deliveries or partial services are not charged to the customer, but are to be borne by Futura Floors GmbH.
4.8 The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery. The handover is the same if the customer is in default of acceptance.
4.9 If Futura Floors GmbH sends the sold item to a place other than the place of performance (mail order purchase) at the customer's request, the risk of accidental loss and accidental deterioration only passes to the buyer if the customer is the forwarder, the carrier or has otherwise instructed a person or institution to carry out the shipment and Futura Floors GmbH has not previously named this person or institution to the buyer.
§ 5 Prices, payment
5.1 The statutory value added tax is included in product prices, unless this is shown separately. If the sales tax is shown separately, it must be paid in addition to the product price. The product prices are exclusive of shipping and packaging costs.
5.2 The deduction of cash discount requires a special agreement in text form. 5.3 In the case of a cash purchase, the purchase price is due immediately upon receipt without deduction. In all other cases, unless otherwise agreed in text form, the purchase price must be paid by the customer without any deduction within 14 days after receipt of the invoice, but no later than 14 days after delivery.
5.4 For orders from customers abroad or if there are reasonable grounds for a risk of payment default, Futura Floors GmbH reserves the right to deliver only after receipt of the purchase price together with shipping and packaging costs. If Futura Floors GmbH makes use of the prepayment reservation, Futura Floors GmbH will inform the customer immediately.
5.5 The receipt of money at Futura Floors GmbH is decisive for the observance of payment deadlines and dates. This also applies to the timeliness of payment in the event that the customer has been granted a cash discount.
5.6. Payments by checks or bills of exchange are excluded.
5.7 During the delay, the customer has to pay interest on the monetary debt in the amount of 5 percentage points above the respective base rate. If Futura Floors GmbH can prove a higher damage caused by delay, then Futura Floors GmbH can claim this.
§ 6 Offsetting; Lien
6.1 The customer is only entitled to offset against claims of Futura Floors GmbH with legally established, recognized or undisputed claims. The customer is also entitled to offset against claims of Futura Floors GmbH if he makes complaints or counterclaims from the same purchase contract.
6.2 The customer may only exercise a right of retention if his counterclaim is based on the same contract.
§ 7 Rights of the customer in case of defects
7.1 The statutory provisions apply to the customer's rights in the event of material and legal defects (defects), unless otherwise specified below. The general limitation of liability of Futura Floors GmbH according to § 8 applies to claims for damages against Futura Floors GmbH due to a defect. 7.2. For the purpose of checking claims for defects, the customer must fully and truthfully inform and support Futura Floors GmbH about the circumstances of the individual case. This also includes the transmission of photographs in sufficient number and quality by the customer for the purpose of checking the claims for defects, as well as the immediate answering of queries. 7.3 Futura Floors GmbH bears the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs, if there is actually a defect. If the customer has incorporated the defective item in another item or attached it to another item in accordance with its type and intended use, Futura Floors GmbH is obliged as part of the supplementary performance to provide the customer with the necessary expenses for removing the defective item and installing or installing it to replace the repaired or delivered defect-free item (reimbursement of expenses). The rights of the customer are excluded if he knows the defect when installing or attaching the defective item. If the customer is not aware of a defect due to gross negligence, the customer can only assert rights due to this defect if Futura Floors GmbH maliciously concealed the defect or assumed a guarantee for the quality of the item. 7.4 If there is actually no defect, Futura Floors GmbH can demand reimbursement from the customer of the costs arising from the unjustified request to remedy the defect.
§ 8 liability
The liability of Futura Floors GmbH from and in connection with the business relationship is limited as follows:
8.1 For slight negligence, Futura Floors GmbH is only liable for breach of essential contractual obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which proper execution of the contract is made possible and the customer regularly trusts in compliance. In this case, Futura Floors GmbH is only liable for the foreseeable, contract-typical damage. Futura Floors GmbH is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
8.2 If the cause of the damage is based on an intentional or grossly negligent breach of duty by Futura Floors GmbH or a legal representative or vicarious agent of Futura Floors GmbH, Futura Floors GmbH has unlimited liability.
8.3 Claims under the Product Liability Act, due to a defect after assuming a guarantee for the quality of a product or in the case of fraudulently concealed errors and damage to health, limb and life as well as claims already arising from negligence at the time of contract negotiations at the time of inclusion of these conditions remain from the foregoing Limitation of liability unaffected.
§ 9 Retention of title
9.1 Futura Floors GmbH reserves the ownership or the right to the purchase of the sold goods until the purchase price has been paid in full.
9.2 The customer is obliged to immediately notify Futura Floors GmbH of third-party access to the goods subject to retention of title, for example in the event of attachment or damage as well as the destruction of the goods.
9.3 If the customer behaves contrary to the contract, in particular if the purchase price is not paid, Futura Floors GmbH is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the goods back. If the customer does not pay the purchase price due, Futura Floors GmbH may only assert this right if Futura Floors GmbH has previously unsuccessfully set a reasonable payment deadline for the customer who is a consumer or if such a deadline can be dispensed with in accordance with the statutory provisions.
§ 10 Limitation
10.1 For consumers, the general limitation period for defects and claims for damages is 2 years from delivery. If an acceptance has been agreed, the limitation period begins with the acceptance.
10.2 This does not affect statutory special regulations on limitation, in particular in accordance with Section 438 (1) No. 1, No. 3 and Section 3 of the German Civil Code, Sections 444, 479 of the German Civil Code, Section 634a (1) No. 2 of the German Civil Code and in cases of injury to life, limb or health, within the framework culpable liability in the event of intent and gross negligence as well as claims for damages under the Product Liability Act.
§ 11 Data protection
11.1 Futura Floors GmbH will only collect and use personal customer data (e.g. title, name, address, date of birth, email address, telephone number, fax number, bank details, credit card number) in accordance with the provisions of the applicable statutory data protection law.
11.2 The customer has the right, upon written request, to be informed of the personal data stored about him
§ 12 Applicable law, place of jurisdiction, online dispute resolution
12.1 The law of the Federal Republic of Germany applies to these Terms and Conditions and our contractual relationships with the customer, excluding the UN Sales Convention.
12.2 If the customer has placed his order as a consumer and is habitually resident in another country at the time of his order, the application of mandatory legal provisions of that country remain unaffected by the choice of law made in sentence 1.
12.3 The European Commission provides a platform for online dispute resolution (OS), which the customer can access at http://ec.europa.eu/consumers/odr/. The seller is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
II. General terms and conditions for entrepreneurs (AGB-U)
§ 13 General, supplement to § 3 offers, conclusion of contract, right of withdrawal
13.1 The following General Terms and Conditions for Entrepreneurs (AGB-U) only apply to entrepreneurs within the meaning of Section 1 No. 1.2 Clause 2. The AGB-U supplement the above provisions in Section I. of the AGB-K and take precedence if and as far as the AGB-U contain different regulations.
13.2 In the context of an ongoing business relationship, the AGB-K and AGB-U according to § 13 No. 13.1 are also part of the contract if Futura Floors GmbH has not expressly indicated their inclusion in individual cases.
13.3 If the customer is an entrepreneur, a contract is concluded if Futura Floors GmbH accepts the customer's offer in a reasonable time either by a declaration of acceptance or by delivery of the goods. (Deviation from § 3 No. 3.3).
13.4 If the customer is an entrepreneur, he has no right of withdrawal. (Deviation from § 3 No. 3.6)
§ 14 Supplement to § 4 packaging, shipping, delivery, transfer of risk
14.1 If the customer is an entrepreneur, he bears the customary costs for shipping and packaging the goods, unless otherwise agreed; Section 4 No. 4.1 Sentences 2 and 3 are not applicable. (Deviation from § 4 No. 4.1)
14.2. The customer and Futura Floors GmbH make a separate agreement with regard to additional costs arising from partial deliveries or partial services (deviation from §4 No. 4.7 sentence 2).
14.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods at Futura Floors GmbH's warehouse passes to the customer: (i) upon delivery to the customer; (ii) in the case of a mail order purchase with the delivery of the goods to the freight forwarder, the carrier or to the person otherwise designated to carry out the shipment (deviation from Section 4 No. 4.8)
§ 15 Supplement to Section 5 Prices, Payment
15.1. In legal transactions in which a consumer is not involved, the interest rate for payment claims is 9 percentage points above the base interest rate. (Deviation from Section 5 No. 5.7)
§ 16 Supplement to § 7 Rights of the customer in the event of defects
16.1 If the customer is an entrepreneur, he must check the goods for any defects immediately upon receipt and immediately notify existing defects in text form. Hidden defects must be reported in text form immediately after their discovery. If he does not meet one of the above obligations, he loses all claims arising from and in connection with a defect, unless Futura Floors GmbH has maliciously concealed the defect. (Deviation from § 7 No. 7.1)
16.2 The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of its creation and the determination of the defect and for the timely notification of the defect. (Deviation from Section 7 No. 7.1)
16.3 Futura Floors GmbH is only obliged to provide replacement deliveries from contracts with entrepreneurs in the context of subsequent performance. In this respect, Futura Floors GmbH is not obliged to reimburse expenses (deviation from § 7 No. 7.2).
16.4 Recourse by the entrepreneur to Futura Floors GmbH due to expenses (§ 7 No. 7.2) that the entrepreneur has to bear in relation to his customer due to a defect for which Futura Floors GmbH is responsible is excluded insofar as the entrepreneur's obligation towards his Customers are not based on a mandatory liability of the entrepreneur due to the legal regulations on the sale of consumer goods. § 8 remains unaffected even if the contractor's recourse against Futura Floors GmbH is not excluded according to the preceding sentence. (Deviation from § 7 No. 7.1)
16.5 For entrepreneurs, the warranty period is 1 year from the transfer of risk. This does not include claims for damages due to injury to life, limb or health and / or claims for damages due to grossly negligent or willful damage caused by Futura Floors GmbH. Also excluded are the recourse claims not excluded according to § 16 No. 16.4. (Deviation from Section 7 No. 7.1)
§ Section 17 Supplement to Section 9 Retention of title
17.1 In the case of a contract with an entrepreneur, Futura Floors GmbH retains ownership or the right to acquire ownership of the goods sold (reserved goods) until all claims from an ongoing business relationship have been paid in full in accordance with the following provisions Nos. 17.2 to 17.7 before (deviation from § 9):
17.2 The entrepreneur is entitled to resell the reserved goods in the ordinary course of business. With the conclusion of the contract with Futura Floors GmbH (initial contract), he assigns to Futura Floors GmbH all claims in the amount of the invoice amount to Futura Floors GmbH that accrue to him from the resale. Futura Floors GmbH accepts the assignment upon conclusion of the first contract. After the assignment, the entrepreneur is authorized to collect the claim. Futura Floors GmbH reserves the right to collect the claim itself, but will not make use of it as long as the customer properly fulfills his payment obligations.
17.3 The manufacturer processes or processes the reserved goods. The manufacturer is Futura Floors GmbH or, if Futura Floors GmbH is entitled to the rights to the reserved goods, the supplier of Futura Floors GmbH. The manufacturer does not incur any liabilities from the processing or transformation in relation to the entrepreneur. The manufacturer is entitled to (co-) ownership of the new item resulting from processing or transformation, regardless of the time and the degree of processing or modification (intermediate and end products). In the event of processing or transformation with mixing or combining with other goods, the manufacturer is entitled to co-ownership of the new item in the ratio of the value of the reserved goods to the connected or mixed goods at the time of processing or modification. In the event that the customer acquires (joint) ownership of the processed or remodeled reserved goods through processing or reorganization regardless of the above provision, he transfers future (joint) ownership of this goods to Futura Floors GmbH upon conclusion of the first contract the time of its acquisition and stores the goods for Futura Floors GmbH. The customer assigns any surrender claims against third parties to Futura Floors GmbH upon conclusion of the first contract. Futura Floors GmbH accepts the transfer of the future co-ownership and the future surrender claim upon conclusion of the first contract. The new item is considered reserved goods in the sense of these provisions.
17.4 The retention of title according to the above provisions also remains if individual claims are included in a current invoice and the balance is drawn and recognized. When all secured claims of Futura Floors GmbH against the customer are satisfied, ownership automatically passes to the customer. Furthermore, the assigned claims and rights fall back on him.
17.5 Futura Floors GmbH undertakes to release the claims and rights to which it is entitled according to the above provisions to the extent - at Futura Floors GmbH's option - that its realizable value exceeds the claims to be secured by 20%. With the exception of deliveries with a genuine current account relationship, this only applies to deliveries or their surrogates that are fully paid.
17.6 If the proceeds from the resale or processing / reorganization are paid to the customer by a third party, Futura Floors GmbH is to transfer the money immediately regardless of any different due date.
17.7 The authorization of the customer to dispose of the goods subject to retention of title as well as for processing, reorganization, connection, mixing, blending, furthermore for collection of the assigned claims expires in the event of non-compliance with the payment conditions, in the event of unauthorized disposals, and also if bankruptcy proceedings are filed against the customer or is pending or an out-of-court settlement procedure is in progress. In these cases, Futura Floors GmbH is entitled to take possession of the reserved goods without setting a grace period or a declaration of withdrawal. For this purpose, Futura Floors GmbH is permitted to enter the customer's business, to request useful information and to inspect its books to safeguard the rights of Futura Floors GmbH. A withdrawal from the contract is only in the return of the reserved goods if Futura Floors GmbH expressly declares this.
§ Section 18 Supplement to Section 12 Applicable Law, Place of Jurisdiction, Online Dispute Resolution
18.1 Place of performance for all liabilities from the contract with the entrepreneur is Hirschaid.
18.2 The place of jurisdiction for all legal disputes arising from and in connection with the business relationship with the entrepreneur is Bamberg, if the entrepreneur is a businessman or has no general place of jurisdiction in the Federal Republic of Germany, or after the contract has been concluded, his place of residence or habitual residence has been moved from the Federal Republic of Germany or his place of residence or personal residence is not known at the time the lawsuit is filed. Futura Floors GmbH is also entitled to file suit at the general place of jurisdiction of the entrepreneur. (Deviation from § 12 No. 12.3)