Terms and Conditions

VI. Retention of Title

1. The goods remain our property until full payment has been made. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim any goods already delivered.
2. In addition, we agree with you on an extended retention of title until all our claims against you have been fulfilled.
3. You are only entitled to resell goods subject to retention of title in the ordinary course of business. In this case, however, you hereby assign to us all claims arising from such resale, regardless of whether it occurs before or after any processing of the goods delivered under retention of title, up to the amount of the invoice value of all our claims against you.
4. We are entitled to collect the claims assigned to us (para. 2) ourselves and directly; however, we will only exercise this right if you: a. fail to meet your payment obligations to us, or b. an application for the opening of insolvency proceedings or similar proceedings over your assets has been filed, or c. suspend your payments.
5. If the claims assigned to us (para. 2) exceed the secured claims by more than 10%, we will release claims of our choice at your request until the overcollateralization is reduced to the permissible level.

VII. Delivery Conditions

We deliver the goods in accordance with the agreements made with you. These include, in particular:

• the delivery time agreed with you,
• the agreement on which transport company we use to ship the goods to you,
• the agreement on whether and to what extent you bear the costs for packaging and shipping (shipping costs).

VIII. Right of Retention, Set-Off, and Assignment

1. You may only assert a right of retention arising from the same contractual relationship. In addition, all rights of retention – regardless of the legal relationship – against us are excluded.
2. You are only entitled to set-off with claims that have been acknowledged by us or have been legally established.
3. Your rights against us may only be assigned with our written consent.

IX. Warranty

1. You must inspect our deliveries immediately upon receipt. If you discover defects, these must be reported to us in writing without delay, at the latest within 8 days of delivery. If you discover hidden defects, these must be reported to us in writing without delay, at the latest within 8 days of discovery. If you fail to comply with these obligations, all warranty claims are excluded.
2. Wood and leather, as natural products, may exhibit slight color and structural variations, for which we assume no warranty.
3. We warrant the agreed condition – excluding insignificant deviations – by either delivering a defect-free product or remedying the defective condition at our discretion. If we choose to remedy the defect, you only have further warranty rights if the defect remedy fails twice.
4. If the subsequent performance ultimately fails, you may choose to demand a reduction in the purchase price (abatement) or rescission of the contract (withdrawal). In the case of minor breaches of contract, particularly minor defects, you have no right of withdrawal. For the assertion of the right of withdrawal and any claim for damages, reference is made to the following paragraphs.
5. You bear the full burden of proof for all requirements of the claim, particularly for the defect itself, the time of its discovery, and the timeliness of the notice of defect.
6. Warranty claims for all products delivered by us expire, unless otherwise agreed in writing, within one year. They expire prematurely as soon as you carry out repair attempts or modifications or fail to follow operating instructions. The warranty period begins on the day of delivery to you.
7. Please note that the specifications shown in the product description, a product data sheet, or a product sample do not constitute guarantees in the legal sense. Any specifications or guarantees beyond the product description are only deemed declared to the purchaser if they have been recorded in writing by us.
8. If we are a supplier or upstream supplier within the meaning of § 445a BGB, the following applies to recourse claims against us:
   a. We exclude all recourse rights against us if you have not fulfilled your obligations under para. 1 or have not done so in time.
   b. If the person against whom you seek recourse is not a consumer within the meaning of § 13 BGB, we exclude recourse against us.
   c. If the person against whom you seek recourse is a consumer within the meaning of § 13 BGB but is granted warranty by anyone outside mandatory statutory provisions (e.g., as a gesture of goodwill, courtesy, or allegedly due to statutory withdrawal rights), you cannot seek recourse against us.
   d. Recourse claims expire in all cases within one year from delivery to you and expire prematurely as soon as you or others in the supply chain carry out repair attempts or modifications or fail to follow operating instructions.
   e. Paragraphs 5 and 7 apply accordingly to recourse claims against us.
9. If you set deadlines for us within the scope of warranty and recourse, these must always be reasonable. If you set unreasonably short deadlines, they will not be extended to reasonable periods by way of reduction but must be reset by you in an appropriate length.
10. Important for you: You are purchasing second-choice goods, B-goods, and/or returns in our online shop; the condition of the goods relevant for any warranty claims is based on this!

X. Force Majeure

a) “Force Majeure” means the occurrence of an event or circumstance that prevents a party from fulfilling one or more of its contractual obligations under the contract, provided that the affected party proves that:

aa) this impediment is beyond its reasonable control; and
ab) it was not reasonably foreseeable at the time of the conclusion of the contract; and
ac) the effects of the impediment could not reasonably have been avoided or overcome by the affected party.

b) Until proven otherwise, the following events affecting a party are presumed to meet the conditions under paragraph a (aa) and (ab) of this clause:

ba) War (declared or undeclared), hostilities, attack, acts of foreign enemies, extensive military mobilization;
bb) Civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy;
bc) Currency and trade restrictions, embargo, sanctions;
bd) Lawful or unlawful acts of authority, compliance with laws or government orders, expropriation, seizure of works, requisition, nationalization;
be) Plague, pandemic, epidemic, natural disaster or extreme natural event;
bf) Explosion, fire, destruction of equipment, prolonged failure of transportation, telecommunications, information systems or energy;
bg) General labor disturbances such as boycott, strike and lockout, go-slow, occupation of factories and buildings.

c) A party successfully invoking this clause shall be released from its obligation to perform its contractual obligations and from any liability for damages or other contractual remedies for breach of contract from the time the impediment makes performance impossible, provided that notice is given without delay. If notice is not given without delay, the release shall take effect from the time the notice reaches the other party. If the effect of the impediment or event invoked is temporary, the consequences set out above shall apply only as long as the impediment prevents the affected party from performing the contract. If the duration of the impediment results in depriving the parties of what they were reasonably entitled to expect under the contract to a substantial extent, either party shall have the right to terminate the contract by notifying the other party within a reasonable period. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 120 days.

XI. Limitation of Liability

1. If you or a third party carry out modifications or repairs without our prior written and express consent, our liability for any resulting consequences shall lapse. The statute of limitations remains unaffected.
2. All claims for damages or reimbursement of futile expenses by you against us are excluded regardless of the legal basis, unless we have acted with intent or gross negligence or have negligently breached essential contractual obligations.
3. In the case of gross negligence or slight negligence in breaching an essential contractual obligation, compensation is limited to the typical and foreseeable damage. Any liability beyond this is only assumed to the extent covered by our business liability insurance.
4. Liability for damage not occurring to the contractual object is excluded except in cases of intent and gross negligence.
5. Liability for the absence of a characteristic for which we have assumed a guarantee, as well as liability under the Product Liability Act, remains unaffected by paragraphs 2, 3, and 4.
6. Otherwise, we are liable without limitation for damages:
   a. resulting from injury to life, body, or health caused by a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents, or
   b. resulting from a grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents.
7. For all claims for damages or reimbursement of futile expenses based on contractual and non-contractual liability asserted against us – except in the cases of paragraph 6 – a limitation period of one year applies. The period begins at the time specified in § 199 BGB. It expires at the latest upon expiry of the maximum periods specified in § 199 (3) and (4) BGB.
8. Data communication over the Internet cannot be guaranteed to be error-free and/or available at all times according to the state of infrastructure and/or technology. We are therefore not liable for the constant, location-independent and uninterrupted availability of our online services.

XII. Final Provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Place of performance is our registered office: Augsburger Straße 29, 86863 Langenneufnach.
3. For legal disputes, the state and ordinary courts with jurisdiction for Augsburg shall have exclusive jurisdiction.