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These Terms and Conditions of Sale shall apply to the exclusion of any terms and conditions of the customer. They shall also be valid if we carry out the delivery to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale.
2. supplements and amendments to these terms and conditions are only effective if they have been confirmed in writing.
We reserve ownership and copyrights to illustrations, drawings, sales documents, samples etc.. The customer requires our express written consent before passing them on to third parties.
1. the respective statutory value added tax is already included in our prices.
2. the deduction of a discount requires a special written agreement.
3. offsetting by the customer is only possible with legally established or undisputed counterclaims. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
4. in the event of default, all instalment payment agreements, including those in the form of bill of exchange acceptances, shall lapse.
(5) The default in payment shall therefore constitute the total due date of the then still outstanding claims.
6. we have the right to assign our claims against the customer to third parties.
7. the customer shall bear all fees, costs and expenses incurred in connection with any legally successful legal action against him outside Germany.
8. notices of defects only entitle the customer to retain an appropriate amount, but do not release the customer from the obligation to pay for the rest.
1. in the event of default of acceptance by the customer or breach of duties to cooperate, we may assert claims for damages.
2. the agreement of a firm deal must be made expressly. Otherwise, we shall endeavour to comply with specified delivery dates. However, the customer can only accrue rights from non-compliance if he proves to us that his interest in the further fulfilment of the contract has justifiably ceased to exist.
3. if the delay in delivery is due to a breach of contract for which we are responsible, either intentionally or through gross negligence, this entitles the customer to compensation. However, the liability for damages is limited to the foreseeable, typically occurring damage.
The same shall apply if the delay in delivery by us is due to the culpable breach of a material contractual obligation.
(5) Insofar as the delay in delivery is due to a non-substantial breach of contractual duty, the customer may claim liquidated damages for delay in the amount of 3% of the value of the delivery for each full week of delay, but not more than 15 % of the value of the delivery, unless we can prove that no damage or only a lesser damage has been incurred.
1. transport - and all other packaging in accordance with the packaging ordinance will be taken back on request. Exceptions are pallets and marked reusable packaging, which remain our property. The customer must store them properly and free of charge until collection.
We select the shipping route and shipping method in accordance with the rules of a conscientious businessman. Delivery is always made to the customer's business address. Deviating unloading points must be expressly agreed.
3. the risk of delivery shall pass to the customer when the goods are dispatched by our contract carrier when they leave the factory. If the goods are collected by vehicles or contract carriers of the customer, the risk shall pass to the customer when the goods are handed over.
4. the risk shall also pass in the case of carriage paid delivery ex our works.
5. the goods shall be shipped at the expense of the customer up to the applicable value limit. The goods are insured for transport. The insurance premium shall be charged to the customer. If the customer does not pay the transport insurance, there is no entitlement to free replacement.
1. defects must be reported immediately in writing.
(2) If the customer has made a claim against us for warranty and it turns out that either there is no defect or the claimed defect is based on a circumstance which does not oblige us to provide a warranty, the customer shall reimburse us for all costs incurred as a result, insofar as he has overlooked this due to gross negligence and is responsible for our claim.
Further claims of the customer are excluded unless we, our representatives or vicarious agents can be proven to have acted with intent or gross negligence. Insofar as we cannot be accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
If the item has been taken to a place other than the place of delivery specified by us, the customer shall reimburse the additional costs for transport, travel, working time and transfer of materials incurred as a result of the difference in location.
2 Liability based on mandatory statutory provisions remains unaffected.
The customer shall not be entitled to set off any counterclaims on account of asserted defects, with the exception of those mentioned in § 3 No. 5, unless these have been recognised or legally established. In this respect, he may also not refuse payment on any other legal grounds.
We retain ownership of the object of sale until receipt of all payments arising from the business relationship. In the event of conduct by the customer in breach of the contract, in particular in the event of default in payment, we shall be entitled to take back the object of sale. This shall also apply if an application for insolvency proceedings is filed against the customer's assets or if such proceedings are opened. This also applies if we can prove that the customer has become insolvent.
The taking back of the object of sale by us shall not constitute a withdrawal from the contract unless this is provided for by mandatory law or there is a corresponding written agreement. The seizure of the object of sale by us shall always constitute a withdrawal from the contract.
After taking back the object of sale, we shall be entitled to realise it. The proceeds of the realisation shall be credited against the customer's liabilities - less reasonable realisation costs. We shall carry out the realisation with the diligence of a prudent businessman.
4. in the event of justified withdrawal, compensation shall be agreed for the period of use. It is calculated from the net purchase price divided by 365, multiplied by the actual period of use in days.
5. the customer is obliged to treat the object of sale with care until the final transfer of ownership to him, in particular he is obliged to insure it adequately at his own expense against fire, water and theft at replacement value.
The customer is entitled to resell the object of sale in the ordinary course of business. However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) of our existing claims, which accrue to him from the resale against his customers or third parties. This applies irrespective of whether the purchased item is resold without or after processing.
The customer shall remain authorised to collect the assigned claims as long as he meets his obligations towards us. If this is no longer the case, if he becomes insolvent or if an application is made for the opening of insolvency proceedings against the customer's assets, we may demand that the customer discloses to us the assigned claims and their debtors, provides all information necessary for collection, submits the relevant documents and informs the debtors (third parties) of the assignment. We are then authorised to disclose the assignment.
8. the processing or transformation of the object of sale by the customer shall always be carried out for us. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount including VAT) to the other processed objects at the time of processing. In all other respects, the same shall apply to the object created by processing as to the object of sale delivered under reservation.
9. the same shall apply if the object of sale is inseparably mixed with other objects not belonging to us.
(10) To secure our claims, the customer also assigns to us those claims against a third party that arise from the connection of the object of sale with a piece of real estate.
We undertake to release the securities to which we are entitled at the customer's request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released to this extent is incumbent on us.
If you are a consumer, you have a right of withdrawal in addition to our General Terms and Conditions.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
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You have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Roland Kohler Designmöbel GmbH, Schubertstraße 5, 74722 Buchen, telephone: 06281/ 55 65 90, e-mail: info@roland-kohler.com) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from the contract, we must reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from the contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
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The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/.
We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(1) If the customer is a merchant, it is agreed that the place of jurisdiction shall be Mosbach. However, we are also entitled to sue the customer at his place of business. Irrespective of the amount in dispute, we shall be entitled to bring an action as a court of first instance before the local or regional court.
(2) Unless otherwise stated in the order confirmation, our registered office shall be the place of performance.
Should one or more provisions of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. In the event of invalidity, the contracting parties undertake to agree on effective provisions which most closely correspond to the economic sense of the invalid provisions.
4. German law shall apply to the entire contractual relationship with the exception of the International Sales Convention.
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