1. Preface
The following general terms and conditions are valid for all contracts, deliveries, and other benefits between the client and Fa. GOLDDECOR (in the following: the Provider). We strongly contradict any aberrant rules of the contradicting party. All side-letters require a written confirmation of the Provider. The provider is entitled to change and/ or amend these General Terms and Conditions and all its enclosures with a reasonable period of notice at all times. Offers received prior to these changes will be handled in accordance with the then valid General Terms and Conditions.
2. Offers
Our offers are without obligations. Minor discrepancies and technical changes from the figure/ illustrations and descriptions are possible. With the publications of a new catalogue, the respective old catalogue loses its validity.
3. Custom-made products
Templates, models, and molds for custom-made products remain within the possession of the Provider. Custom-made products are non-returnable. The templates, models, and molds provided by the client will be stored by the Provider for no longer than 6 months. Object related blanks and pre-assembled parts are non-returnable. The same is true for products with customized mitres or any other customized technique. If the products orders do not answer the regularly delivered lengths of the boards (blanks) they are non-returnable.
4. Copyright protection
The property- and copy-rights for the blueprints and drafts remain with the Provider. Without a written permission, these documents shall not be duplicated or made available to third parties. The property- and copyright protected boards may also not be reproduced without prior written consent of GOLDDECOR. For any violation of the copyright protection, the Provider reserves the right to make a claim for damages and all other legal measures. Additional claims from third parties are not included and will be passed on to the client.
5. Delivery and payment
The conditions for delivery and payment for our online offers are indicated in the order form. 19% legal sales tax is included in our prices. The Provider claims the right for partial delivery, if it seems advantageous for a brisk completion of the order and is reasonable for the client. Special delivery asked for by the client will be billed according to the local shipping fares.
6. Delivery period, Passing of Risk, Violation
Goods in stock will be delivered within 5-7 workdays (the Provider is not liable for ay transportation issues). If the goods are not in stock at the time of the client’s order, the Provider will make any effort for the quickest delivery possible. With handing over the goods to the carrier previously determined by the Provider, the risk of coincidental disappearance or deterioration of the goods is passed on the client. The Provider will take out an appropriate freight-insurance on the client’s expense if so asked for in writing by the client. If the non-compliance with the delivery period granted is due to acts of God, industrial action, unforeseeable hindrances or other circumstances that are out of bounds of the Provider, the delivery period will be extended accordingly. In case of non-compliance with the delivery-period due to other reasons than the ones mentioned above, the client is entitled to set an appropriate time limit in writing, with the threat of withdrawal from the contract in case the requirements concerning delivery and other obligations are not met. If the impossibility of delivery lies within the inability of the Provider, he is entitled to withdraw from the contract. Otherwise, the usual legal regulations are applicable.
7. Right of Return
Right of cancellation
The user is entitled to cancel the contract in a written form (e.g. letter, fax, e-mail) or by simply returning the goods without giving any reasons within two weeks. The period of notice starts with the receipt of this information. In order to keep the period of cancellation, the punctual sending of the cancellation or the goods will be enough. The cancellation should be addressed to:
Fa. GOLDDECOR
Beckerstr. 2
12157 Berlin, Germany
Fax: +49-30-53065889
service(at)gold-decor.com
www.gold-decor.com
There is no right of cancellation if:
- the goods were specifically designed for the customer
- the goods were cut in accordance with the customer's personal needs
- the goods are, because of their composition, not suitable for returning
Consequences of cancellation
In case of an effective cancellation, any benefit received on both sides should be refunded and benefits gained (e.g. Interests) should be returned. If the user cannot return the goods or can only return them in parts or if parts are in an aggravated condition, the user may have to reimburse the costs or replace the goods. This is not true whatsoever for goods that could not be tested – as in a retail store – and were therefore aggravated.
The user could by the way avoid any reimbursement or replacement, if he treated the goods not as an owner but did nothing to lessen the goods' worth.
If the user returns goods from a trade sample of which the total exceeds € 40,-, he should bear the costs, if the goods delivered are identical with his order placed. Otherwise, you should return the goods free of cost. Goods that cannot be shipped will be picked up.
The right of cancellation expires early, if the contractor has, on the user's explicit demand, started carrying out the service before the end of the period of cancellation, or if the user arranged for the installation of the goods.
8. Warranty for defect
(1) A damage only exists, if the object of the contract does not show the composition or is not suitable for the purpose agreed upon by the contract.
(2) Wood is a natural product. Its natural properties, differences and characteristics must thus always be considered. The range of natural differences in colour, structure and other aspects within a type of wood is part of the properties of wood as a natural product and does not constitute cause for reclamation or liability.
(3) In case of visible defects, the client has to report the defects in writing within two weeks after the delivery of the goods. For non-visible defects, the usual legal regulations are applicable. Any other defects that might occur should be reported in writing by the client immediately after their discovery. The client should document the defects in a comprehensive way for the Provider.
(4) The warranty expires if the clients changes the goods delivered. Unless the client is able to prove, that the defects already existed at the time of handing-over.
(5) Claims for damages expire after on e year unless they are claims for physical injuries, culpable homicide, or the client’s health.
(6) In case of a defect, the Provider guarantees supple-mentary performance free of charge for the client in a certain time frame in accordance with this regulation. The supplementary performance can, in accordance with the client’s choice, either be retouching or replacement. The client has the right to ask for a specific supplementary performance if the respectable other form of supplementary performance does not seem reasonable.
(7) If the supplementary performance fails, and if the client set an appropriate period in which two attempts of supplementary performance were possible, the client has the right to claim for either cancellation of the sales contract or diminishing. A setting of a period is not necessary, if it is unreasonable for the client, especially if the Provider has finally and seriously denied any supplementary performance.
(8) The legal rights of the client in case of fault and fraud by GOLDDECOR are unaffected. The right to withdraw from the sales contract and the right to claim compensation from GOLDDECOR are only applicable in case of severe defects.
9. Retention of the Title
Up to the complete payment, the goods remain within the possession of the Provider.
10. Data Storage
In accordance with § 28 Bundesdatenschutzgesetz (BDSG), the Provider would like to inform you, that the data needed for the transaction will be processed and saved in accordance with § 33 BDSG. Personal data will be handled confidentially and will not be passed on to third parties.
11. Miscelanneous
This contract is subject to German Law. The UN-Sales Law is not applicable. The client can only set off the Provider’s demands with indisputable and legally valid demands.
12. Severability Clause
If any part of this contract should be inoperative or impracticable, or should become inoperative or impracticable after the conclusion of the agreement, the effectiveness of the other parts of this contract is not affected. Both parties are committed to find an operative and practical solution for any inoperative or impracticable regulation within the contract, that leads to the same economical aim set by the before mentioned regulation as accurately as possible. The before mentioned regulations are applicable in case the contract should be incomplete. § 139 BGB is not applicable.
