§ 1 General, scope of application

1. The following terms and conditions apply to all current and future business relationships.

2. consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity. Customers within the meaning of the Terms and Conditions are both consumers and entrepreneurs.

3. deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed in writing.

4. the general provisions of the VOB, DIN 1960 and 1961, latest edition, as well as the technical regulations for construction work DIN 18332 "Natural stone work" shall apply to the acceptance, execution and invoicing of construction work and setting work.

§ 2 Conclusion of contract

1. our offers are subject to change. Validity of our offers: 60 days. Natural stones cannot be delivered uniformly in color, thickness and processing. Therefore, no guarantee can be given for perfect conformity of sample and goods. We reserve the right to minor deviations which are due to the nature of the material, as well as minor dimensional deviations which do not interfere with an exact fit and a correct ratio. Professional puttying, the removal of loose wires or stitches and their reassembly are not only unavoidable, but also an essential requirement of processing; under no circumstances do they justify complaints or claims for defects. With regard to the thickness, a tolerance of +3 or -3 mm must be allowed in addition to the specified dimension. Quartz veins, pores, inclusions, color variations and stains are natural characteristics of natural stone and do not constitute grounds for complaint.

2. by ordering goods, the customer makes a binding declaration that he wishes to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to the customer.

3. the conclusion of the contract is subject to correct and timely delivery by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction has been concluded with our supplier. The customer shall be informed immediately of the non-availability of the service. The consideration will be refunded immediately.

4. if the consumer orders the goods electronically, the text of the contract will be saved by us and sent to the customer by e-mail on request together with these General Terms and Conditions.

§ 3 Retention of title

1. in the case of contracts with consumers, we reserve title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

2. the customer is obliged to treat the goods with care.

3. the customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as any damage to or destruction of the goods. The customer must also notify us immediately of any change of ownership of the goods and any change of residence.         

4. we are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or breach of an obligation under clause 3 of this provision.

5. the entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.

6. the handling and processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If the goods are processed with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods supplied by us in relation to the other processed items. The same shall apply if the goods are mixed with other objects not belonging to us.

§ 4 Right of withdrawal and return

I. Distance contract with withdrawal clause

1. the consumer has the right to revoke his declaration of intent to conclude the contract within two weeks of receipt of the goods. The revocation does not have to contain a reason and must be declared in writing or by returning the goods to the seller; timely dispatch is sufficient to meet the deadline.

2. the consumer is obliged to return the goods when exercising the right of withdrawal. There is no right of withdrawal for goods that have been manufactured according to customer specifications or tailored to the personal needs of the consumer.            

3. the consumer must pay compensation for any deterioration caused by the intended use of the goods. The consumer may inspect the goods carefully and diligently. The consumer shall bear the loss in value that results from the use of the goods that goes beyond mere inspection and that means that the goods can no longer be sold as "new".

II Distance contract with return clause

1. the consumer has the right to return the goods within two weeks of receipt. The right of return can only be exercised by returning the goods or, if the goods cannot be sent as a parcel, by requesting the return of the goods; timely dispatch is sufficient to meet the deadline.

2. the consumer is obliged to return the goods when exercising the right of return. There is no right of return for goods that have been manufactured according to customer specifications or tailored to the personal needs of the consumer.

3. the consumer must pay compensation for any deterioration caused by the intended use of the goods. The consumer may inspect the goods carefully and diligently. The consumer shall bear the loss in value that results from the use of the goods that goes beyond mere inspection and that means that the goods can no longer be sold as "new".

§ 5 Remuneration

1. the purchase price offered is binding. The purchase price includes the statutory value added tax. Changes in costs (wages, mineral prices, etc.) shall only entitle us to corresponding price adjustments if there are more than 4 months between the conclusion of the contract and the agreed delivery date.

2. the customer undertakes to pay the purchase price within 14 days of receipt of the goods, unless otherwise agreed in an individual contract.  After expiry of this payment period, the customer shall be in default. During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the prime rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8% above the prime rate. We reserve the right to prove and assert a higher damage caused by default against the entrepreneur.           

3. the customer shall only have a right of set-off if his counterclaims have been legally established or recognized by us.

(4) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.  

5. if, after conclusion of the contract, we receive information that calls into question the creditworthiness or solvency of the customer, we shall be entitled, at our discretion, to demand security or advance payment, even if another method of payment had been agreed. If advance payments or the provision of security are not made on time, we shall be entitled to withdraw from the contract and/or demand compensation for non-performance.

§ 6 Transfer of risk

1. if the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. Transport insurance shall only be taken out at the request and expense of the Buyer.

2. if the buyer is a consumer, the risk of accidental loss and accidental deterioration of the purchased goods shall not pass to the buyer until the goods have been handed over, even in the case of sale by dispatch.

3. it shall be deemed equivalent to handover if the buyer is in default of acceptance.

§ 7 Warranty

1. if the buyer is an entrepreneur, we shall initially provide warranty for defects in the goods at our discretion by repair or replacement.

2. if the buyer is a consumer, he shall initially have the choice of whether subsequent performance is to be effected by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the consumer.

3. if the subsequent performance fails, the customer may, in principle, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal) at his discretion. However, the customer shall not be entitled to withdraw from the contract in the event of only a minor breach of contract, in particular in the event of only minor defects.

4. entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch of the notification of defects shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

5. consumers must notify us in writing of obvious defects within a period of two weeks after the time at which the condition of the goods contrary to the contract was established. The date of receipt of the notification by us shall be decisive for compliance with the deadline. If the consumer fails to provide this information, the warranty claims shall expire two months after the defect is discovered. This shall not apply in the event of fraudulent intent on the part of the seller. The burden of proof for the time of discovery of the defect lies with the consumer. If the consumer was induced to purchase the goods by inaccurate statements made by the manufacturer, the burden of proof for the purchase decision lies with the consumer. In the case of used goods, the consumer bears the burden of proof for the defectiveness of the item.

6. if the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he shall not be entitled to any additional claim for damages due to the defect. If the customer chooses compensation for damages after subsequent performance has failed, the goods shall remain with the customer if this is reasonable. Compensation shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have maliciously caused the breach of contract.

7. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. For used goods, the limitation period is one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time in accordance with clause 4 or 5 of this provision.

8. if the buyer is an entrepreneur, only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.

9. the customer does not receive any guarantees from us in the legal sense. Manufacturer warranties remain unaffected by this

§ 8 Limitations of liability

1. in the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.

2. the above limitations of liability do not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.

3. claims for damages by the customer due to a defect shall become time-barred one year after delivery of the goods. This shall not apply if we can be accused of fraudulent intent.

§ 9 Calculation of dimensions and division

1. workpieces with a surface area of less than 0.10 square meters shall be calculated at 0.10 square meters, window sills less than 20 cm at 20 cm width.

2. if steps or window sills are delivered divided, this shall not entitle to complaints or refusal of acceptance.

§ 10 Final provisions

1. the law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.         

2. if the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is filed.

3. should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.