Conditions
Terms of Service
1.
General
The following general terms of sale, delivery and repair (hereinafter referred to as GTC) apply to contracts between Besim Tulla, Tannenbergstr. 44, 42103 Wuppertal, phone 0162-9177482, Mail Besimtulla@yahoo.com (hereinafter referred to as bv-tiesen-decor), and their customers (consumers and entrepreneurs).
Conflicting or differing or supplementary terms and conditions of the customer will not be recognized. A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity, § 13 BGB
Entrepreneur is a 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.
2. Construction work
For all construction services, the “Contract Regulations for Construction Services” (VOB, Part B) in the version valid at the time the contract is concluded, insofar as the order is placed by a contracting partner active in the construction industry. If an order is placed by a private customer, the “Contract Regulations for Construction Services” (VOB, Part B) will only become part of the contract if a separate agreement and delivery of the full text of VOB Part B is given before the contract is concluded.
3. Estimates
We are bound to our cost estimates for 4 weeks. If it can be proven that our suppliers' price increases fall within this period, we are entitled to pass them on to our customers. Transport to the construction site or the dispatch of goods by post, by forwarding agents or parcel services as well as their packaging and any transport insurance will be charged separately. If a free construction site has been agreed, this means delivery without unloading, provided the access road is used. If unloading has been agreed, unloading is done directly on the vehicle.
4. Property and copyright
The contractor reserves his property rights and copyrights to cost estimates, drafts, drawings and calculations. They may not be used, reproduced or made accessible to third parties without his consent. If the order is not placed, they must be returned or destroyed immediately.
5. Delivery
We reserve the right to deliver partial quantities. Our delivery times are approximate and non-binding. If the agreed date is exceeded, a reasonable grace period must be set. If the grace period is not met in the event of a delay, the customer can withdraw from the contract insofar as this has not yet been fulfilled. Claims for damages in the event of slight negligence or contractual penalties are excluded. If the delivery is not timely or correct, at
Force majeure or industrial disputes, operational disruptions or fire and damage caused by vandalism in our own company or that of a supplier, which we are not responsible for and which make it difficult to fulfill the contract, we are entitled to postpone delivery times or to withdraw from the contract without the customer's being so have any claims
6. Prices and payments
If there is a period of more than four months between the conclusion of the contract and the contractual delivery date, we are entitled to recalculate and increase the price due to increased raw material prices, energy costs, wages and salaries or additional burdens due to taxes and duties. If the price increase exceeds more than 10%, the customer is entitled to withdraw from the contract within two weeks from the notification of the price increase. If the contract is based on a list price, we are also entitled to recalculate the list price. The purchase price is due immediately in cash upon delivery and invoicing. A term of payment only applies if this has been expressly agreed in writing.
For all payments, Section 16 of the Contract Regulations for Building Services, Part B (VOB / B) applies. Payments are to be made in cash, without any deductions, to the agent's paying agent in German currency within 4 weeks. Daily wages, interim invoices and aconto requirements are payable immediately after invoicing. Acceptances or customer changes will not be accepted. If the terms of payment are not complied with or if circumstances become known that seriously question the creditworthiness of the client, or if a check is not cashed, then all outstanding claims become due. After the unsuccessful expiry of a grace period set by him, in connection with the threat of termination, the contractor is then entitled to terminate the contract in writing and to discontinue the work, as well as to settle all previously performed services according to contract prices, as well as the lost profit from the remaining order. Reference to the Act to Accelerate Payments Due (in force from May 1st, 2000) Paragraph 1 “… the debtor is in default after 30 days.… Interest is payable on a debt from 30 days after the due date.….”
7. Costs for orders not carried out
Since repair time is working time, in the event that there is no warranty work, the costs incurred and to be documented will be charged to the customer if an order cannot be carried out because:
7.1 the fault complained about could not be determined in compliance with the rules of technology;
7.2 the customer culpably misses the agreed date;
7.3 the order was withdrawn during execution (see 12)
8. Warranty
Complaints regarding incomplete or incorrect delivery, transport damage or recognizable defects must be reported to us immediately, at the latest one week after receipt of the goods or completion of the work. Concealed defects are to be reported to us immediately, at the latest one week after discovery. After this period, the contract is considered to be properly fulfilled. In business transactions with our commercial customers, §377 ff. HGB apply. In the event of justified complaints, we will either rectify the defective goods or replace them. We must be granted the necessary time and opportunity to do this, otherwise the guarantee will be void. In the event of a failed rework or replacement delivery, the customer can request a change or a reduction. Further claims are excluded. In the case of third-party products, our liability is limited to the assignment of warranty claims against our suppliers. The limitation does not apply if the latter refuses the guarantee or unreasonably delays it or is unable to do so. In the event of payment arrears by the customer, we can refuse the guarantee if the arrears amount exceeds the effort required for the guarantee. The guarantee is also void if the customer or a third party has changed, processed, installed or attempted to improve the delivered goods.
9. Color, structure and dimensional deviations
All building materials, slabs, tiles, natural and artificial stones that we sample, describe, depict or show are considered to be approximate demonstration pieces for quality, dimensions, color, decor, structure and processing. Deviations of the delivered goods are therefore always possible, even normal for artificial and natural stones and do not represent a defect. Glazed cracks can occur on glazed panels, tiles and mosaics and can be walked on when used as flooring
Signs of wear occur. They are material-related and cannot be avoided. They do not affect the value in use and are therefore no reason for complaint in accordance with the sales conditions of our suppliers and suppliers. Artificial and natural stones cannot be supplied in the same color, thickness (thickness), structure and processing. Therefore, no guarantee can be given for the perfect match between the display item and the goods. Deviations and so-called blemishes (eg inclusions ...), which lie in the nature of the rock, as well as dimensional deviations, which do not interfere with an exact fit and a correct relationship, are reserved. Proper putties, the disassembly of loose veins or stitches and their reassembly are not only inevitable, but also an essential requirement for processing. Under no circumstances do they entitle to complaints or complaints. With regard to the thickness, a tolerance of + or - 3 mm must be allowed for the prescribed dimension. Quartz veins, pores, deposits, color fluctuations, structural fluctuations and stains are natural properties of the natural stone and do not give rise to any complaints.
10. Dimensional calculations and division of artificial and natural stones
Workpieces from individual pieces with an area of less than 0.25 m2 are calculated with 0.25 m2. Window sills with a width of less than 20 cm are calculated with a width of 20 cm, which also applies without special agreement. If workpieces are delivered divided (eg window sills ...), this does not entitle to complaints or to refuse acceptance.
11. Retention of title
The delivered goods remain our property until all of our claims from the purchase / work contract have been paid. If the customer is a reseller, he is revocable at any time to sell the goods belonging to us in the ordinary course of his business. In this case, he already assigns to us all claims against his customer or contractual partner from the resale with all ancillary rights. If the value of this assignment exceeds our claims by a total of more than 20%, we will, at the customer's request, carry back rights of our choice until the specified limit is undershot. The customer is obliged to inform us of the debtor and the amount of the claim due to us. He is entitled to collect the receivable due to us at any time until revocation, but must keep the proceeds separately, secure them and transfer them to us immediately, as long as he is in arrears with the payment to us. Enforcement measures by third parties in the goods belonging to us or claims assigned to us must be communicated to us immediately by the customer, providing the documents necessary for the objection.
12. Cancellation and termination by the client
12.1 The client can terminate the contract at any time until the service has been completed.
12.2 The contractor is entitled to the agreed remuneration. However, he must be credited for what he saves as a result of the cancellation of the contract or which he or she maliciously fails to acquire through other uses of his workforce and his business (§ 649 BGB).
13. Credits
Credit notes are only valid for six months from the credit date. After that, the customer loses the right to the service.
14. Place of jurisdiction
If both contracting parties are full merchants, the exclusive place of jurisdiction is the business location of the contractor.
