General Terms and Conditions
Preamble
Our products are not industrially manufactured mass-produced articles, but carefully and individually
hand-crafted unique products of selected materials. Our veneers are natural products; the veneers are
protected against the external influences due to the surface treatment with oils. However, wood is a
living material and thus its natural characteristic is to age. These changes are not a sign of lower
qualities, but proof for the authenticity of the material.
The veneers of the dreizehngrad veneer lights are sensitive to mechanic damages. In order to guarantee
the lights’ long life-span we attach a maintenance guideline and installation instructions, which should
be complied with by all means!
§ 1
Area of validity – Object of the Agreement
(1) The following General Terms and Conditions (T&C) apply to the conclusion of all Agreements between
the customer and Alexander Finke & Jörg Zinser GbR, hereinafter referred to as dreizehngrad.
(2) Our Terms and Conditions apply exclusively. We do not acknowledge any contradictory Terms and Conditions
or the customer’s Terms and Conditions that diverge from ours. As a rule, divergences from these Terms and
Conditions are ineffective, unless dreizehngrad confirmed the same in writing.
(3) Our T&C apply to both consumers and businesspersons, unless there are differences in the relevant Clauses.
§ 2
Offer – Conclusion of the Agreement – Offer documents
(1) The customer’s order is a binding offer, which we may accept within one week by sending an order
confirmation or by delivering the goods. Any offers, which we made previously, are subject to confirmation.
(2) Illustrations, sketches, calculations and other documents remain our property and our copyrights continue
to take effect. The handover or reproduction of the same is only permitted with the written consent.
Any details regarding specifications and descriptions of dreizehngrad products, in particular all illustrations,
technical drawings, dimensions, weights and product descriptions are non-binding.
(3) Changes to constructions and forms, which are due to an improvement of the technology or due to legal
requirements, are reserved during the delivery time, if the delivery item is not changed or modified
significantly and if the changes are reasonable for the customer.
§ 3
Prices – Conditions of payment – Conditions of delivery
(1) The purchase price offered is binding; the Value Added Tax as legally applicable is included for consumers.
The customer bears the costs for the delivery. Delivery costs and cash on delivery fees as applicable are itemised
separately. All prices are quoted in Euros.
For the purchase and subsequent dispatch of our goods we charge the following fees per package:
Germany: 5,90 € to 5 kg
Switzerland: 26,90 € to 5 kg
EU*: 16,00 € to 5 kg
*Belgium, Bulgaria, Denmark (excluding the Faeroe Islands, Greenland), Estonia, Finland (excluding the Åland Islands),
France (excluding the overseas territories and departements), Greece (excluding Mount Athos), Great Britain (excluding
the Channel Islands), Ireland, Italy (excluding Livigno and Campione d'Italia), Latvia, Lithuania, Luxembourg, Malta,
Monaco, the Netherlands (excluding the territories outside Europe), Austria, Poland, Portugal, Romania, Sweden, Slovakia,
Slovenia, Spain (excluding the Canary Islands, Ceuta + Melilla), Czech Republic, Hungary, Cyprus/Republic (excluding the North)
The delivery into a country outside the European Union may only be made subject to an individual written agreement
between the customer and dreizehngrad.
(2) If the customer has his place of residence or business abroad, all returns of goods and/or packaging shall be at his expense.
(3) The packaging shall become the customer’s property..
(4) In the event of partial deliveries commissioned or offered by dreizehngrad, the same are carried out free of shipping
costs. In the event of specific customer requests to split the delivery the shipping costs are calculated separately for
each partial delivery.
(5) Unless agreed otherwise dreizehngrad’s invoices are payable immediately without discount. Our receipt of the money is
significant for the timeliness of the payment. Instalments are only accepted on the basis of special, written agreements.
The customer is in default at the latest 30 days after the maturity of the invoices.
(6) The customer shall bear the costs arising as a result of negative booking operations for payment transactions for want
of cover or arising otherwise as a result of the customer’s culpability.
(7) As a rule, only advance payments are permitted. Other payment methods may be agreed in an exceptional written clause,
whereby any additional costs incurred thus shall be at the buyer’s expense.
§ 4
Time of performance – Passing of risk
(1) If any delivery periods have been stated and have become the basis of the commission of the order, these delivery
periods shall be extended by the duration of the delay in the event of force majeure.
(2) If the customer picks up the goods from the premises of dreizehngrad, the risk of accidental destruction or accidental
damage is passed to the customer with the handover of the goods.
(3) If dreizehngrad sends the goods to the customer, who is a businessperson, the risk shall be passed with the handover
of the goods to the freight forwarder; if the goods are sent to the customer, who is a consumer, the risk shall be passed
with the handover of the goods from the freight forwarder to the consumer.
§ 5
Liability for damages
(1) Our liability (and the liability of our vicarious agents) for breaches of contractual obligations as well as offences
is limited to intention and gross negligence. This previous sentence does not apply to injuries of the customer’s life, body
and health, to claims from the Product Liability Act or claims due to the breach of cardinal duties, which are duties that
result from the nature of the Agreement and the breach of which puts the fulfilment of the contractual purpose at risk, and
to the compensation of damages caused by delay (§ 286 BGB, Civil Code). Insofar we are liable for every degree of culpability.
(2) The following applies to businesspersons: Irrespective of their legal reasons compensation claims for damages against
dreizehngrad as well as their performing and vicarious agents are limited to the amount of those damages, the possible
emergence of which dreizehngrad had to reasonably expect at the time of the conclusion of the Agreement. If the damage does
not result from the breach of an essential contractual duty, the compensation of damages is limited to a maximum of the tenfold
amount of the order value.
(3) If the liability for damages, which are not the result of injuries to the customer‘s life, body and health, is not excluded
for slight negligence, such claims come under the statute of limitations within one year from the emergence of the claim or in
the event of claims for damages due to a defect from the handover of the good.
§ 6
Liability for defects
(1) If the customer is a consumer we are liable according to the legal provisions in the event of defects, unless limitations
from the following apply. The consumer must notify us in writing of any obvious defects within two weeks after the emergence
of the defect; if the notification is not made within the stipulated period the warranty rights shall be forfeited, unless we
have maliciously concealed the defect or accepted a guarantee to that effect.
(2) If the customer is a businessperson we reserve the right to choose the supplementary performance in the event of a defect.
Additionally, for businesspersons the warranty period shall amount to one year from the handover of the goods.
(3) Natural aging processes are excluded from the warranty.
(4) dreizehngrad illustrates the colours of the products faithfully to reality. We would like to point out, however, that there
might be slight divergences between the photographic reproduction of the colours and the actual colour shades. Slight divergences
in colours from our product images are usually due to the colour preferences of the screens and do not represent a defect.
§ 7
Retention of title
(1) Provision applicable to consumers:
Any goods delivered by dreizehngrad shall remain the property of dreizehngrad to the full payment of the purchase price.
This also applies to conditional claims.
In the event of interventions on the part of third parties (in particular due to distraints or writs of attachment) regarding
goods that are the property or joint property of dreizehngrad the customer must make immediate notification by submitting the
documents required for the intervention; this also applies to impairments of any other kinds.
(2) Provision applicable to businesspersons:
All goods supplied by dreizehngrad remain the property of dreizehngrad to the complete fulfilment of all claims against the
customer. This also applies to conditional claims.
In the event of interventions on the part of third parties (in particular due to distraints or writs of attachment) regarding
goods that are the property or joint property of dreizehngrad the customer must make immediate notification by submitting the
documents required for the intervention; this also applies to impairments of any other kinds.
The customer shall bear the costs for justified third-party motion to vacate incurred due to such interventions, which may not
be collected from the third party. Also, the customer shall bear the costs for extra-judicial authorisations or any returning costs.
For the event of the sale of the goods subject to retention of title the customer herewith already assigns to us as a surety
the claims arising from the businesses mentioned to the complete fulfilment of all our claims. We authorise the buyer/customer
revocably to collect the claims assigned to us for his account and on his own behalf. This collection authorisation may be
revoked if the buyer/customer does not fulfil his payment obligations orderly.
§ 8
Form of declarations
These General Terms and Conditions include all rights and duties of the contractual parties. Any other agreements or declarations
of intention on the part of the contractual parties made subsequently require an instrument in written in order to take legal effect.
This also applies to the subsequent change of the requirement of the written form.
§ 9
Place of fulfilment – Applicable Law – Place of jurisdiction
(1) The Law of the Federal Republic of Germany applies. Unless stipulated otherwise by Law, our head office shall be the place
of fulfilment and payment for all claims and obligations from this contractual relationship. In addition relating to consumers,
the legal provisions regarding the places of jurisdiction shall remain unaffected.
(2) The Law of the Federal Republic of Germany applies to this Agreement. The application of the CISG (UN Convention on Contracts
for the International Sale of Goods) is excluded.
(3) If the customer is a merchant, a corporate body under public law or public fund assets, our head office also applies as agreed
place of jurisdiction for all legal disputes arising from this contractual relationship. We are also entitled to institute proceedings
against the customer at his general place of jurisdiction.
(4) If the customer does not have a general place of jurisdiction in Germany or in any other EU member state, our head office is
agreed as the exclusive place of jurisdiction for all disputes from this Agreement.
(5) Our head office also applies as the place of jurisdiction, if after the conclusion of the Agreement the party to be utilised by
entering an action moves his place of residence or usual abode from the area of validity of the Law of the Federal Republic of Germany
or if the party’s place of residence or usual abode is not known at the time of the institution of the legal proceedings.
§ 10
Withdrawal
(1) We are entitled to withdraw from the Agreement, if despite the previous conclusion of a Purchasing Agreement we do not receive
the delivery item. We will inform the customer immediately regarding our absent own delivery and in the event of a withdrawal we
will return immediately any counterperformances already received.
(2) We are entitled to withdraw from the Agreement, if the customer filed an application to open insolvency proceedings regarding
his assets, if he has made an affidavit according to § 807 ZPO (Code of Civil Procedure) or if the insolvency proceedings regarding
his assets have been opened or the opening of the same has been overruled for lack of assets.
For the remainder the legal withdrawal provisions apply.
§ 11
Offsetting – Assignment
(1) (1) The offsetting against our claims is impermissible except counterclaims have been acknowledged by dreizehngrad or they
have been legally acknowledged.
The following applies to businesspersons: The buyer’s retention of payments due to counterclaims from other contractual relationships
is excluded.
(2) The customer is not entitled to assign his claims from this Agreement to third parties.
§ 12
If as a consumer you have submitted your declaration of intention (§ 13 BGB (Civil Code): “Verbraucher ist jede natürliche Person,
die ein Rechtsgeschäft zu einem Zwecke abschließt, der weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit
zugerechnet werden kann. (A consumer is every natural person who concludes a legal transaction for a purpose, which may neither be
ascribed to a commercial nor the person’s self-employed professional activity.)), you are entitled to a right of rescission. Consumers
are instructed as follows:
-------------------------------------------- Cancellation Policy ----------------------------------------------------
Right of rescission
You may withdraw your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, email) or – if the
good is handed over to you before the expiry of the period – by returning the good.
The period commences after the receipt of this Cancellation Policy in writing, however, not before the recipient receives the good
(in the event of repeated delivery of equal goods not before the receipt of the first partial delivery)..
To comply with the period of cancellation the timely sending of the rescission or the good suffices.
The rescission shall be addressed to
Alexander Finke & Jörg Zinser GbR „dreizehngrad“, Andreas-Schubert-Str. 23, 01069 Dresden,
Germany
Tel.: +49(0) 351 462 38 07, Fax.: +49(0) 351 462 26 91, info@dreizehngrad.de, www.dreizehngrad.de
Consequences of the rescission:
In the event of an effective rescission the performances received by both parties and any consequential uses as applicable
(e.g. interest) must be returned. If you cannot return the received performance in full or in parts or if you can only return the
same in a deteriorated state, you must provide compensation insofar as applicable. This does not apply to the handover of goods if
the deterioration of the good is exclusively due to its inspection – as it would have been possible for you in a shop for example.
For the remainder, you may avoid your obligation to provide compensation for the deterioration of a good used as intended by not
using the good as if it was your property and by refraining from anything that may affect its value.
Goods that are ready parcel shipments must be returned at our expense and our risk. As a rule, returns may only be sent in the
original packaging. Any goods that may not be shipped as parcels will be collected from your premises.
The obligations to recompense payments must be complied with within 30 days. The period shall commence for you with the sending of
the Cancellation Declaration or the good and for us with the receipt of the same.
--------------------------------------------End of Cancellation Policy---------------------------------------------------
§ 13
Privacy Policy
If the customer does not consent to the collection, processing and use of his data in the sense of the Privacy Policy of these
provisions at all or if he does not consent to the scope required for the order processing, the orderly execution of the order
process overall is not possible. If the parties have agreed an effective contractual relationship before the customer refused his
consent, dreizehngrad has the contractual right to withdraw from the Agreement.
§ 14
Miscellaneous
If one of these provisions is legally invalid, the legal validity of the remaining provisions shall not be affected thereby.