1. General

All offers, deliveries and services are based exclusively on these general terms and conditions of sale and delivery. The validity of the business partner’s general terms and conditions is hereby definitively rejected.

2. Offers and order confirmations

a) Our offers are always subject to change; product descriptions and images are subject to change. Changes and ancillary agreements as well as promises made by the specialist consultant are only valid if they are confirmed in writing by the seller.

b) We reserve the right to correct obvious errors or mistakes in offers, order confirmations or invoices. Legal claims based on erroneous information that is in obvious contradiction to our other sales documents cannot arise.

c) Order confirmations must be checked by the buyer for accuracy immediately upon receipt (especially quantity, dimensions and color details). Errors must be reported to the seller immediately.

3. Prices

a) Gross prices: Our gross prices are recommended retail prices (end consumer prices) including VAT. The calculation is based on gross prices: Gross price including VAT. minus specialist trade discount = net price + VAT = invoice amount including VAT.

b) Net prices: The calculation is based on net prices: Net prices + VAT = invoice amount including VAT.

c) The prices valid on the day of the order shall apply for calculation.

4. delivery

a) Unless otherwise agreed, delivery is carriage forward and subject to payment. The current shipping rates of the parcel service provider/freight forwarder apply for the respective shipment depending on the destination plus packaging costs. The corresponding costs are listed in the offer or on the order confirmation. We reserve the right to make a subsequent calculation if the shipping costs were unclear beforehand and are not listed in the above documents.

b) Shipping is at the purchaser’s risk. In the event of transport damage or loss of the shipment, it is strongly recommended that the freight carrier be notified immediately. Force majeure, strikes, lockouts, etc. and delays in delivery caused by them do not entitle the customer to claim damages.

Unsuccessful deliveries to the end consumer or dealer or to the specified delivery location, as well as express or courier deliveries carried out at the customer’s request, will be charged additionally.

c) If the seller is in default with a delivery, the customer must expressly state this and grant a grace period of 4 weeks for delivery. If the customer is a merchant, this period is extended to 8 weeks. Notice of default and setting of a grace period are given by non-merchants in simple written form, and by merchants by registered mail. After the delivery period has expired, a grace period of 4 weeks (8 weeks for merchants) is set in motion without further declaration. If no delivery has been made by the end of the grace period, the customer can withdraw from the contract by means of a written declaration. Claims for damages or contractual penalties for non-fulfillment or delay are excluded; this exclusion is limited to deliveries to non-merchants to cases in which it cannot be proven that the seller acted with gross negligence or intent.

5. Assembly

a) If the assembly is carried out by the seller, the buyer shall ensure proper storage in locked rooms.

b) The installation costs are calculated according to the effort involved including the travel distance with net prices plus VAT or according to the written offer.

c) The provisions of the VOB (Part B) apply to the transfer of risk.

d) Installation costs are based on professional preparation on site (windows, floors, walls) and on existing fastening devices to support the total load of the assembly object (possibly also dowels, suitable holding devices, etc.) for horizontal, stable ceilings. If this requirement is not met on site and the required service is additionally provided by the seller, then this service will be charged to the buyer. Any additional work required for e.g. drilling, chiseling, thread cutting, setting up scaffolding, suspensions, partitions are to be borne by the buyer. Protective profiles, niches, casings must be provided on site (dimensions must meet the seller’s requirements), unless they are expressly included in the offer price. Scaffolding must be suitable for the assembly purpose and comply with the regulations of the professional association. Necessary means of transport (elevator, etc.) must be made available free of charge.

e) For electrical systems, the installation of the supply line and the installation and connection of switches, plug couplings and control devices must be carried out in accordance with VDE by a locally approved electrician. Costs to be borne by the customer.

f) Concealed installations at the installation site must be reported to the installation personnel in good time (exact marking). The seller is not liable for damages resulting from omissions. Costs arising from improper construction preparation will be charged to the buyer upon presentation of proof.

6. Payments

a) Invoices are created and sent on the day the goods are dispatched or made available. The agreed payment terms in the order confirmation are binding.

b) After 30 days, default occurs according to Section 286 Paragraph 2 No. 1 of the German Civil Code (BGB), without the need for a separate reminder. If payment is made after the due date, default interest of 8 percentage points above the respective base interest rate will be charged. If the buyer is not a merchant, we charge interest of 5% above the base interest rate of the Deutsche Bundesbank. As long as overdue invoices remain open, a discount for subsequent invoices is excluded.

c) For orders for which a separate offer has been made, the agreed payment terms apply.

d) Initial deliveries will be made cash on delivery less 3% discount.

e) In the case of payments made after the 30-day deadline or returned checks or direct debits, we reserve the right to make new deliveries cash on delivery or advance payment. The resulting higher administrative costs will be charged accordingly.

f) Set-off or withholding of payments due to counterclaims disputed by us or not legally established is not permitted.

7. Liability for defects

a) The seller guarantees that the purchased item is free from defects for a period of 2 years from delivery. The warranty is limited, at the seller’s discretion, to repairing the purchased item or to a reasonable reduction in the purchase price. Claims due to gross negligence or intentional breach of duty by the seller remain unaffected. Repairs do not start a new warranty period.

b) The buyer is responsible for the accuracy and completeness of any templates (templates, sketches, etc.) provided to us for the execution of the order, the dimensions provided and other information. Incorrect information provided by the buyer cannot justify a defect in our services.

c) With textiles, minor deviations – particularly in terms of color – cannot be ruled out from one production run to another due to production-related reasons. The buyer cannot therefore assert any warranty rights in this regard. The same applies to color changes and shrinkage or stretching within the scope of the DIN, caused by intensive sunlight. Minor deviations in color and design as a result of technical development also do not entitle the buyer to make a complaint.

With wood products, color and grain variations are unavoidable as these are natural products and therefore do not entitle you to complain about defects. Samples are considered to be illustrative items for which commercially acceptable variations are permitted.

d) In the case of assembly by the buyer, a warranty can only be granted if the goods delivered by us are assembled and handled professionally and if there is no arbitrary or other violent damage.

e) Further claims, in particular for compensation for direct or indirect damages, are excluded. In dealings with non-merchants, this does not apply to damages caused by the seller through gross negligence or intent. All warranties do not cover defects or failures caused by force majeure, atmospheric influences or improper assembly (including electrical installation) by third parties. This also applies to defects and damage caused by natural wear and tear or improper handling by the buyer.

f) Complaints must be sent in writing immediately, but no later than 14 days after the date of receipt of the goods. The date of receipt of the goods is the receipt stamp on the consignment note or the day of our truck delivery. If defects are not reported within the deadline specified above, the goods are deemed to have been delivered and accepted in accordance with the contract. This does not apply to hidden defects.

g) The Seller’s products are made to measure and cannot be exchanged or returned at the Buyer’s request.

h) If the buyer is a merchant, he is not entitled to the plea of ​​non-fulfillment of the contract or a right of retention with regard to the purchase price due to defects in the object of purchase. A reduction in the purchase price due to alleged or actual defects is also excluded. If the buyer is not a merchant, he reserves the right, if the repair fails, to demand a reduction or, if the construction work is not the subject of the warranty, to withdraw from the contract at his discretion.

If the buyer is a merchant, he cannot offset any claims arising from warranty law against the purchase price.

8. Retention of title

a) The seller retains title to the goods delivered until the buyer has paid all claims – including future claims – including any existing claims from a current account. A check will only be accepted as payment.

b) The buyer is entitled to process or work on the goods delivered by the seller as part of his normal business operations. The processing or work is carried out on behalf of the seller, but at no cost to the seller. If a new item is created, the seller becomes the owner of the same to secure the claims to which he is entitled. The buyer is merely a custodian. However, the new items only serve to secure the seller’s claims up to the amount of the purchase price of the processed reserved goods. The latter undertakes to transfer ownership of the reserved goods or the newly created items to the buyer as soon as the buyer has paid the seller’s claims.

c) If the other goods not belonging to the seller are the property of a third party (not the buyer), the seller acquires co-ownership of the newly manufactured item in the ratio of the purchase price of the reserved goods to the purchase prices of the other processed goods at the time of processing. In this case, the provisions applicable to other reserved goods of the seller apply accordingly to the co-ownership share.

d) The buyer may only resell the goods delivered by the seller in the normal course of business. The buyer hereby assigns to the seller all claims arising from the resale or from any other legal basis in connection with the passing on of the goods. If the reserved goods are sold with other goods that do not belong to the seller, the assignment of the claim from the resale only applies up to the amount of the purchase price of the reserved goods at the time of delivery.

e) If the reserved goods are resold after processing, in particular after processing with other goods not belonging to the seller, the assignment shall be made in the amount of the purchase price of the reserved goods at the time of processing. If the reserved goods are used by the buyer to fulfil a work contract, the buyer hereby assigns the claim arising from this contract to the seller up to the amount of the purchase price of the reserved goods at the time of delivery.

9. Cleaning

The contractor is not responsible for damage caused by the nature of the items to be cleaned and which he cannot detect through a professional inspection of the goods (e.g. damage caused by insufficient strength of the fabric and seams, insufficient authenticity of dyes and prints, shrinkage, impregnations, previous improper treatment, hidden foreign bodies and other hidden defects). The same applies to items to be cleaned that cannot be cleaned or can only be cleaned to a limited extent, unless they are marked accordingly or we cannot detect this through a professional inspection of the goods. We accept no liability for the following defects:

a. Shrinkage and warping of vertical blinds, roller blinds, curtains or sun protection systems is due to the material used; the warp or weft threads may have been tensioned differently during production, or materials may have been used that react differently when washed. A dimensional change of up to 5% is possible depending on the material.

a) Stain substances such as tannins or acids have reacted chemically with the fibre material and can therefore no longer be removed by washing:

b) Existing, irremovable stains may become visible after the general dirt has been removed.

c) Residues of cleaning agents, incorrect pre-treatment, water damage, colour damage caused by light or environmental influences, as well as retouching and finishing of the base fabric can change the appearance of the goods.

d) Damage caused by improper transport or marking of the slats, especially not for kinks and waves – these damages are still visible even after cleaning.

e) Expansion or fraying of the edges, as well as rolling of the slats in a horizontal line (bowling)

f) Durability of welds and fractures of weight plates, spacer chains and slat holders

10. Limitation of liability for items to be cleaned

a) We are liable for loss of the items being cleaned without limitation up to the current value. We are only liable for processing damage without limitation up to the current value in the event of intent or gross negligence. Otherwise, liability is limited to four times the processing price.

11. Data Protection

a) The client agrees that his relevant data resulting from the business relationship with us will be stored using data processing systems in compliance with data protection regulations. Offers, drawings, drafts and similar documents remain our property, even if we are not awarded the contract. They may not be copied or made available to third parties without our prior consent.

b) Within the framework of the data protection guidelines, we will take appropriate measures to ensure the security and confidentiality of the stored data. Personal data will only be transferred to third parties if this is necessary to fulfill contractual agreements or legal obligations.

c) The client has the right to receive information about the personal data stored on request and, if necessary, to request corrections or deletions, provided that there are no statutory retention periods to the contrary.

d) By agreeing to these data protection provisions, the client consents to the use of the data for marketing and communication purposes, if he so decides.

Our full privacy policy is available on our website and provides detailed information about our data collection, storage and processing practices.

12. Right of withdrawal

The seller is entitled to withdraw from the contract if, after the contract has been concluded, the buyer’s financial situation deteriorates significantly, jeopardizing the claim to the consideration, or if such a situation of the buyer, which already existed at the time the contract was concluded, only becomes known subsequently. Instead of withdrawing from the contract, the seller can demand immediate cash payment. Evidence of such events is deemed to be provided by information from a reputable credit agency or bank. If such circumstances exist, but payment by bill of exchange has been agreed with the buyer, the seller can demand immediate cash payment and return the bill of exchange.

13. Place of performance, jurisdiction and choice of law

The place of performance for all services is the registered office of the seller. In dealings with a merchant, the registered office of the seller is deemed to be the agreed place of jurisdiction, including for documentary proceedings. German law applies.

as of August 2023