Terms and conditions Gartenhausgunstiger.de
- Scope of these terms and conditions
All quotations from, orders with, agreements with and deliveries by Gartenhausgunstiger.de;
Bear Wood BV, with its registered office at 9255 Buggenhout, Patersstraat 10, +3252523059 or +32451039960, registered with the RPR Ghent, div. Dendermonde, with company number 0700.651.883 ([email protected] – www.gartenhausgunstiger.de), hereinafter referred to as “Gartenhausgunstiger.de”, are governed in relation to the other party, hereinafter referred to as “the customer”, exclusively by these terms and conditions.
A departure from any one provision of these terms and conditions does not affect the other provisions, which continue to apply in full.
Any departure from these terms and conditions applies to a single order or commission only.
These terms and conditions take precedence over any terms and conditions of the customer.
The invalidity and/or nullity of one or more provisions (or parts of provisions) of these terms and conditions does not affect the validity and enforceability of the remaining provisions (or parts of them). Any provision that has no effect is replaced by a valid provision that corresponds as closely as possible to the presumed intention of the parties. - Quotation, contract and prices
Quotations from Gartenhausgunstiger.de are valid for 30 calendar days from the date stated on the quotation.
Both at the start of the contract and during its term, the customer provides all information required for optimal performance of the contract, together with the necessary measurements. The price stated by Gartenhausgunstiger.de is based on the data provided by the customer and is therefore only an estimate based on the available information or assumed quantities.
All orders and commissions are accepted subject to sufficient stock and production capacity at Gartenhausgunstiger.de’s suppliers. All supplies of work and/or products not expressly provided for in the quotation and/or contract count as additional work and/or additional orders at the customer’s request and are invoiced to the customer accordingly. Unless the customer objects in writing within 72 hours of performance and/or delivery, work and/or products not named in the contract count as undisputed additional work and/or additional orders.
Discounts apply to a single order or commission only.
All prices are in euros including statutory VAT; packaging and delivery within Germany are free.
All current and future taxes and other costs, levies and/or charges of whatever kind, e. B. VAT, are borne by the customer.
Obvious errors or mistakes in the quotation are not binding on Gartenhausgunstiger.de.
Gartenhausgunstiger.de may also require an advance payment of 30 % of the total price for each order or commission.
Until that advance payment has been made, the customer cannot claim any delivery or performance from Gartenhausgunstiger.de.
The customer cannot derive any rights from images used by Gartenhausgunstiger.de; these are for illustration only.
The agreed price covers only the value of the goods, excluding transport, assembly, technical support and any other costs. - Delivery, performance and deadlines
Stated dates and delivery periods are given for information only; exceeding them can in no case lead to termination of the contract or a claim for damages against Gartenhausgunstiger.de, nor does it entitle the customer to suspend their payment obligations. Gartenhausgunstiger.de does, however, make every effort to meet the stated dates and delivery periods. If Gartenhausgunstiger.de fails to meet its obligation to deliver the goods at the time agreed with the consumer, the consumer is asked to call on it by registered letter to deliver within an additional period of at least 30 days, unless a longer period is reasonable in the circumstances. All deliveries are deemed to have taken place once the goods have left Gartenhausgunstiger.de’s warehouses, and risk passes to the customer. Shipment of the goods is always at the customer’s risk and expense.
The customer must ensure that the work can start immediately at the agreed time. If that is not the case, the direct and indirect costs arising from the lost time are invoiced to the customer without prior notice. Gartenhausgunstiger.de is entitled to make partial deliveries and/or to invoice its deliveries and services in instalments. The customer is obliged to accept and pay for these partial deliveries before Gartenhausgunstiger.de proceeds with any further delivery or service. Gartenhausgunstiger.de has the right to have the order, or part of it, carried out by third parties at its own discretion.
If, because of force majeure and/or unforeseeable causes that were not foreseeable when the contract was concluded, performance of Gartenhausgunstiger.de’s obligations becomes impossible or considerably more difficult, Gartenhausgunstiger.de is in no case obliged to perform, nor liable. In the event of force majeure and/or unforeseeable causes, both parties have the right to terminate the contract without being liable for damages.
Force majeure applies only to the future. Advance payments made to or invoiced by Gartenhausgunstiger.de are definitively acquired as a lump sum for the performance and/or delivery carried out up to that point, without prejudice to Gartenhausgunstiger.de’s right to invoice the larger share of work performed and/or delivered if that is higher. Force majeure and/or unforeseeable causes include, for example (non-exhaustively), strike, lock-out, riot, terrorism, epidemic, illness, fire, flooding, general government measures, late delivery by the supplier, strike at the supplier, insolvency of the supplier, shortage of labour, shortage of fuel, destruction of machinery, weather conditions, and so on. - Liability of Gartenhausgunstiger.de
Gartenhausgunstiger.de cannot in any way be held liable towards the customer for damage or consequential damage caused or contributed to by the customer, such as (non-exhaustively): incorrect or incomplete information, delays due to acts or omissions of the customer, failure to mitigate loss, carrying out (or having carried out) work on the delivered and/or assembled goods, a structural defect, the age and/or lack of maintenance of the property on or in which the goods are to be installed, and so on. The customer is obliged to compensate Gartenhausgunstiger.de for damage arising from the condition of the property and to indemnify it against third parties.
The customer undertakes to insure any damage to third parties that may arise during performance of the contract and to agree a waiver of liability in favour of Gartenhausgunstiger.de. The customer cannot call on Gartenhausgunstiger.de for an indemnity against any third-party claims for damages.
Any complaint about damage must be notified to Gartenhausgunstiger.de in writing and in detail within 5 calendar days of its discovery, failing which the right to claim lapses.
Any liability for damages of Gartenhausgunstiger.de arising from this contract is limited to direct and foreseeable damage and in any event to what the customer owes Gartenhausgunstiger.de for work already performed. The customer cannot assert any right of retention or lien against Gartenhausgunstiger.de. - Transfer of ownership, risk and liability of the customer
All goods and works remain the property of Gartenhausgunstiger.de until the invoices, including ancillary costs, have been paid in full. This also applies where the goods or works of Gartenhausgunstiger.de form only a part (accessory) of a larger whole (principal), ownership of which, in whole or in part, does not belong to Gartenhausgunstiger.de.
Risk nevertheless passes to the customer as soon as the goods have been delivered. Once Gartenhausgunstiger.de has carried out (part of) the work or delivered (part of) the goods, the customer is responsible for all damage occurring to the delivered or erected goods.
The customer is liable towards Gartenhausgunstiger.de for every damaging event on site affecting the goods, its employees or subcontractors and their materials and supplies, both through their own fault (even the slightest) and through persons for whom they are responsible or whom they have admitted or tolerated on site. The customer will fully indemnify Gartenhausgunstiger.de against third-party claims. - Acceptance of the works, defects, warranty
The customer must inspect the goods immediately on receipt and/or after installation for any visible defects and for conformity with the order. Visible defects and non-conforming deliveries must be notified to Gartenhausgunstiger.de in writing within 5 calendar days at the latest, with the customer describing the defects in detail; otherwise they are deemed definitively accepted or in conformity with the order. Any claim based on visible defects must, on pain of forfeiture, be brought within 3 months of delivery or acceptance.
The customer has, on pain of forfeiture, 2 months from discovering a hidden defect to report it to Gartenhausgunstiger.de in writing, describing the defects in detail. They must also bring any legal action for hidden defects within 1 year of the day the defect was established, and at the latest within 2 years of the contract coming into being.
The customer can only benefit from the manufacturer’s warranty on the goods on production of a valid invoice and/or warranty card. Without prejudice to the other parts of this article, after delivery Gartenhausgunstiger.de can only be held liable for the warranties required of it by mandatory statutory provisions.
Any use or consumption of a delivery, even in part, constitutes full acceptance of the entire delivery. - Payment, set-off
Invoices for goods and/or installation are payable at Gartenhausgunstiger.de’s registered office within 30 calendar days of the invoice date, unless stated otherwise.
If the customer disagrees with an invoice, they must dispute it in writing and with reasons within 15 calendar days of the invoice date, failing which the right to do so lapses. The date on the invoice is taken to be the date of dispatch. Payment of the invoice without protest always counts as sufficient proof of the works and/or goods delivered and constitutes unconditional acceptance of them.
Late payments carry interest of 8 % per year from the due date, by operation of law and without notice. In addition, in the event of late payment the customer owes fixed damages of 10 % of the agreed price, with a minimum of 250,00 EUR; this damages clause does not cover the costs of the collection itself. Where the customer is a consumer, they are entitled to the same damages and interest as those provided in favour of Gartenhausgunstiger.de in the event of non-performance by it.
As soon as and for as long as any amounts owed to Gartenhausgunstiger.de – of whatever kind and for whatever reason, even if they form part of another contract – have not been paid by the customer in full and on time (principal, interest, damages and any legal costs): 1° Gartenhausgunstiger.de has the right, without prior notice, to suspend all further services and deliveries to the customer. Gartenhausgunstiger.de is not liable for damage resulting from the suspension of its work; 2° amounts due and enforceable between the parties are set off by operation of law, up to the lesser amount. Set-off by the customer is, however, excluded, unless the customer is a consumer.
Under no circumstances may the customer rely on losses, damage or any delay to suspend, in whole or in part, the payments they owe to Gartenhausgunstiger.de. - Termination
A customer who terminates the contract unilaterally owes, in addition to compensation for work already performed and costs incurred, a fixed termination fee of 30 % of the price of the order, delivery and/or installation or, where partial deliveries have already been made, of the remaining amount not yet performed, with a minimum of 500,00 EUR.
A similar arrangement applies where the contract has to be terminated at the customer’s expense. Termination takes effect by notice where a serious breach of contract is not remedied by proper performance within 15 calendar days of the warning. Where the customer is a consumer, on termination at the expense of Gartenhausgunstiger.de they are entitled to the same compensation, without prejudice to their obligation to pay for work already performed and costs incurred. - Consumer’s right of withdrawal
The provisions of this article apply only to a customer who enters into a contract as a consumer without Gartenhausgunstiger.de and the customer being physically present at the same time.
Subject to the exceptions provided by law, the customer has the right to withdraw from the contract within 14 calendar days of its conclusion, without giving reasons and without paying a penalty. If the period ends on a Saturday, Sunday or public holiday, it is extended to the next working day.
The customer may exercise the right of withdrawal by informing Gartenhausgunstiger.de in writing of their decision to withdraw from the contract. The customer must send this statement to Gartenhausgunstiger.de’s registered office and may use the model withdrawal form that Gartenhausgunstiger.de has provided to the customer together with these terms and conditions. Use of this model is not, however, compulsory.
The right of return no longer applies once the goods ordered have been damaged in any way.
The customer bears the cost of returning the goods in the event of withdrawal; the initial shipping costs also remain payable by the customer. If the customer has expressly requested that work begin during the withdrawal period, the customer bears the cost of the work carried out during that period. - Evidence
a) “In writing” for the purposes of these terms has the meaning given in Article 8.1, 1° BGB.
b) Failure to respond within 5 calendar days to a document or other communication sent by Tuinhuisgoedkoper.be counts as express silence, which results in the customer definitively accepting the content of that communication. - Personal data
Gartenhausgunstiger.de processes the customer’s personal data. For more information about the processing of this data, please see Gartenhausgunstiger.de’s privacy policy, which can be found on its website. - Applicable law and competent court
The contract between the customer and Tuinhuisgoedkoper.be is governed by Belgian law.
The obligations under this contract are deemed to have arisen at Gartenhausgunstiger.de’s registered office.
Any disputes between the customer and Gartenhausgunstiger.de fall within the exclusive jurisdiction of the courts of the place of Gartenhausgunstiger.de’s registered office.
Annex: withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
To: Gartenhausgunstiger.de
Patersstraat 10
BE – 9255 BUGGENHOUT
[email protected]
+3252523059
I / We () hereby give notice that I / we () withdraw from my / our contract for the sale of the following goods / the supply of the following service () (*):
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Ordered on () / received on ():…………………………………………………………………………………………………………..
Name(s) of consumer(s): ……………………………………………………………………………………………………………..
Address of consumer(s):
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Signature of consumer(s) (only if this form is submitted on paper):
Date: ………………………………………………………………………………………………………………………………………………
(*) Delete as appropriate.
