General Terms of Sale
Valid from 2018-07-01
I. These general terms of sale (hereafter: GTS) regulate the business relations of eibe Produktion + Vertrieb GmbH & Co. KG, Industriestrasse 1, D-97285 Röttingen, Tel.: +49 (0) 93 38/89-0, Fax: +49 (0) 93 38/89-199, E-mail: firstname.lastname@example.org, www.eibe.de, registry court: Würzburg local court, register number: HRA 4017, VAT identification number according to section 27 a UstG: DE133580013, general partner: eibe Produktion + Vertrieb Verwaltungs-GmbH, Industriestrasse 1, D-97285 Röttingen, registry court: Würzburg local court, register number: HRB 3468, executives authorised to represent: Tilo Eichinger, Peter Schnabel, Aljosha Geerlings
hereinafter referred to as – Seller –
and the customer
hereinafter referred to as – Buyer –
in the sale and planning of playing equipment, furniture, and sports goods and toys.
II. Buyers may be either
1. Entrepreneurs according to Section 14 BGB (German Civil Code), i.e. any natural or legal person or a partnership having legal capacity that renders its commercial or independent professional activities upon settlement of a legal transaction,
2. Consumers according to Section 13 BGB (German Civil Code), i.e. any natural person who conducts a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activities.
1. Our GTS shall apply exclusively. Deviating, contradictory or supplementary general terms and conditions of the Buyer will only become a component of the contract if we have explicitly consented to the applicability thereof. This consent requirement applies in all cases, including in the event that we render the delivery to the Buyer without reservation in knowledge of the Buyer's General Terms and Conditions.
2. Individual agreements made with the Buyer (including collateral agreements, supplements and alterations) always take priority over these GTS. For the content of such agreements – subject to evidence to the contrary - a written contract or our written confirmation is decisive.
3. With regard to entrepreneurs, these GTS also apply when concerning future, similar legal transactions regarding the purchase or planning of playing equipment, furniture, and sports goods & toys.
D. Offer of Goods
The Seller offers playing equipment, furniture, and sports goods and toys as ready-made and standardised products (catalogue goods) or as a result of an individual planning service.
E. Contract Formation
(1) For purchase contracts concerning ready-made and standardised products (catalogue goods) as well as for offers for individual products, the following applies:
(2) Offers from the Seller constitute a non-binding invitation to the customer to submit an offer to purchase the product. The customer then provides the Seller with an offer for the purchase of products. With the order, the Buyer bindingly declares that they wish to purchase the ordered product. After receipt of the order, one-sided changes or supplements to the order, or a cancellation of the order, are no longer possible. The right of the consumer to revocation in accordance with the terms in section U. remains unaffected. The purchase contract comes into effect once the order confirmation from the Seller has been received by the Buyer.
If a contract offer from the Seller is not accepted within 2 weeks via order confirmation, the offer is considered declined and the customer is no longer bound to it.
1. If the customer wishes for the individual planning of a sports, play or furniture area by the Seller, the Seller shall provide an individual quote for the type and manner of expenses for the planning of the area based on the information provided by the customer.
2. Section E.I.(2) applies to the formation of a contract.
3. In the event that the Seller has been entrusted with planning services according to E. II., the parties shall individually agree upon the time period until conclusion of the planning services and shall be disclosed in the order confirmation.
4. The planning is based on the plans and requirements of the Buyer. The basis for the planning is formed by the maps provided by the customer that present the spatial and topographical circumstances of the area to be planned. The Buyer bears any expenses that stem from the Buyer providing the Seller with inaccurate or incorrect documentation as the basis for the plans.
5. The Seller issues a quote for equipping the area to be planned, and provides the Buyer with a table list of the playing equipment, sports equipment or furniture, along with prices that are included in the planning.
6. If the Buyer does not contradict this plan within a period of 14 days upon receipt thereof, the plan is considered accepted. In any case the plan is considered accepted if the Buyer orders the playing equipment, athletic equipment or furniture as per the table list.
1. All stated prices in the Seller's quotes are final prices in euro (€), including any price components and any accrued taxes and expenditures. The shipping / freight costs will be marked separately in the quote. The freight service does not include a removal service.
2. All prices do not include assembling. The customer bears the expenses for assembling according to our terms of assembly. Should assembling upon delivery be impossible, we will charge Buyer for any resulting additional costs, e.g. additional work hours of personnel, commute times and costs, as well as travel expenses and allowances.
3. The minimum order value is 30 € (net product value without shipping or freight costs).
4. Prepayment is generally the agreed payment method. If down payments are agreed, these must be rendered by the customer no later than one week after confirmation of the order without deductions, otherwise the delivery / provision will be postponed to a later date to be determined by the Seller, pending actual receipt of payment.
5. Cash discount may only be claimed if such has been explicitly agreed and the invoice amount is fully received on time, provided the customer is not in default with the settlement of other claims.
6. The statutory provisions apply to the amount and accrual of default interest. The assertion of higher default claims remains reserved, as well as the assertion of further damages.
7. If, after formation of the contract, the financial position of the Buyer is affected by circumstances that cast doubt on the credit standing of the Buyer (or if we only become aware of these at such time) in accordance with obligatory commercial consideration, we are entitled to withhold delivery of the product until the product has been fully paid for in advance or we have been granted sufficient security for the payment claim.
8. The Buyer retains rights of offset or retention only if their claim has been legally determined or is uncontested. In the event of defects in the delivery, the Buyer's counter-rights according, in particular the rights according to I. of these GTS, remain unaffected.
G. Delivery / Provision of the Goods
1. The delivery period is agreed individually or stated by the Seller upon acceptance of the order. If this is not the case, the delivery period is approx. 20 weeks after formation of the contract upon timely payment of the purchase price.
2. If we are unable to adhere to binding delivery periods for reasons for which we are not responsible (non-availability of the service), we will immediately inform the Buyer of this and notify them of the new, foreseeable delivery period. If the service is still unavailable within the new delivery period, we are entitled to partially or completely withdraw from the contract; we will immediately reimburse any payments already rendered by the Buyer. In particular, cases of non-availability of the service in this sense include delayed self-delivery by our supplier, when we have settled a congruent hedging transaction, when neither we nor our vendor are culpable, or when we have no procurement obligation in the specific instance.
3. The starting time of our delivery default is based on the statutory provisions. However, a reminder from the Buyer is always required.
4. The rights of the Buyer according to section K. of these GTS as well as our legal rights, in particular for ruling out the performance obligation (e.g. due to impossibility or infeasibility of the service and/or supplementary fulfilment) remain unaffected.
5. For sale to entrepreneurs: our ordinary terms of delivery are ex works (Incoterms 2010: EXW).
1. The statutory provisions apply to the rights of the Buyer for material and legal defects (including incorrect and short deliveries as well as improper assembling or defective assembly instructions), if not otherwise stipulated below. In all cases the special statutory regulations for final delivery of the product to a consumer remain unaffected (consigner recourse according to Sections 478, 479 BGB).
2. The primary basis for our liability for defects is the agreement made concerning the characteristics of the product. All product descriptions that are a component of the specific contract or that we have made publicly known (especially via catalogues or on our internet homepage) constitute the agreement concerning the characteristics of the product. Minor deviations from catalogue statements that do not significantly impair the quality and function of the products, as well as wood changes (especially shrinkage cracks in playground equipment), are not considered defects.
3. If the characteristics were not agreed, the statutory provisions must be used to determine whether a defect is present or not (Section 434 para. 1 s. 2 and 3 BGB). However, we accept no liability for public statements from the manufacturer or other third parties (e.g. advertisements).
4. The defect claims of the Buyer who is also an entrepreneur require that they have fulfilled their legal obligations of inspection and notification of defects (Sections 377, 381 HGB). If a defect is apparent during delivery, inspection or a later time, we must immediately be notified in writing. Packaging damages to delivered goods must immediately be reported to the respective consignment company upon delivery. In any case, apparent defects must be reported in writing within 7 days upon delivery, and defects not apparent during inspection must be reported in writing within the same period of time upon discovery thereof. Should the Buyer fail to carry out the proper inspection and/or notification of defects, our liability for any defects that are not reported, not reported on time or improperly reported is excluded according to the statutory provisions.
5. If the delivered product is defective and the Buyer is an entrepreneur, we have the right to determine whether we will render supplementary fulfilment through removal of the defect (remedy) or delivery of a non-defective product (replacement). Our right to decline supplementary fulfilment according to the statutory requirements remains unaffected. The customer who is a consumer has the right to select the desired type of supplementary fulfilment according to the statutory regulations (Sections 439, 440, 441 BGB).
6. We are authorised to make the owed supplementary fulfilment contingent on the Buyer paying the owed purchase price. However, the Buyer is authorised to withhold a reasonable amount of the purchase price proportional to the defect.
7. The Buyer must provide us with the required time and opportunity for the owed supplementary fulfilment, in particular to provide the defective product for inspection purposes. In the event of replacement, the Buyer must return the defective product to us according to the statutory regulations. Supplementary fulfilment entails neither the dismantling of the defective product nor renewed installation if we were not originally obligated to install it.
8. We bear the expenses required for inspection and supplementary fulfilment, in particular transport, commute, work and material expenses, as well as the costs of installation and dismantling of the defective product, if a defect is in fact present. We bear the installation and dismantling costs if the customer was unaware of the defect at the time of mounting or installation. If there is no defect present, we may request compensation from the Buyer for the costs stemming from the unjustified defect removal request (especially inspection and transport costs), unless the Buyer was not able to detect the lack of a defect.
9. In urgent cases, e.g. in the case of risk to operative safety or to prevent disproportionate damages, the Buyer has the right to remove the defect themselves and to request reimbursement of the objectively required expenses for this from us. We must be immediately informed of such self-remedying of defects, in advance if possible. There is no right to self-remedy if we would be entitled to decline corresponding supplementary fulfilment in accordance with the statutory regulations.
10. If supplementary fulfilment has failed or the reasonable term to be set by the Buyer for supplementary fulfilment has lapsed unsuccessfully or is dispensable according to the statutory requirements, the Buyer may withdraw from the purchase contract or reduce the purchase price. In the event of an insignificant defect, however, there is no right to withdrawal.
11. Claims by the Buyer for damages or reimbursement of futile expenses only exist in accordance with section K., including for defects, and are otherwise excluded.
I. Default of Acceptance, Transfer of Risk, Postponement of Delivery Periods
1. Regarding sale to entrepreneurs: if a product is sold to a customer, the risk of accidental loss and accidental deterioration of the product transfers to this customer when the product leaves the Seller's company. This also applies when the Seller renders or commissions transport or shipment.
2. The customer is obligated to accept the product purchased from the Seller. The statutory rights to decline service remain unaffected. If the customer does not fulfil their acceptance obligation, they must reimburse the Seller for the resulting additional expenses (including work hours of the Seller's employees; commute, storage and material expenses), if the Buyer is responsible for this obligation violation, and must indemnify the Seller of third-party claims.
3. Partial deliveries and partial services by the Seller are permissible.
4. A postponement of the delivery date at the customer's request is essentially not possible. If the Seller grants the customer a postponement out of goodwill, the Seller must pay the following additional expenses: -2 % of the order value as a one-time flat processing fee as well as -1 % of the order value per calendar week for storage costs. The customer has the right to verify that no damages, or lower damages, have accrued. The Seller reserves the right to charge further costs upon verification, e.g. assembly and commute times.
5. Belated change requests by the customer up to 10 days after the date of order confirmation are only binding for the Seller if the Seller has explicitly consented in writing. The customer bears the expenses for this change. These amount to at least 1 % of the gross order value. For belated change requests by the customer, the Seller is not obligated to adhere to the delivery term or delivery period.
6. Date postponements caused by the Buyer will still result in a payment obligation at the payment dates specified in the order confirmation, or when the Seller is ready to deliver (for payment upon delivery).
J. Retention of Title
1. Until complete payment of all of our current and future claims from the purchase contract and an on-going business relationship (secured claims), we retain title of the sold products.
2. The products subject to retention of title may neither be pledged to third parties nor assigned as collateral before complete payment of the secured claims. The Buyer must immediately inform us in writing if an order has been made to commence insolvency proceedings, or if third parties have obtained access (e.g. pledges) to goods belonging to us.
3. If the Buyer acts in violation of the contract, especially through non-payment of the owed purchase price, we are authorised to withdraw from the contract and/or demand the return of the goods on the basis of retention of title according to the statutory regulations. The demand for restitution does not simultaneously entail declaration of withdrawal; rather, we are authorised to simply demand the return of the product and retain the right to withdrawal. If the Buyer does not pay the owed purchase price, we may only assert these rights if we have previously granted the Buyer a reasonable payment period without success, or such a period is dispensable according to the statutory regulations.
4. Except for revocation according to (c) below, the Buyer is authorised to resell and/or process the products subject to retention of title for purposes of normal business operations. In this case, the following terms apply in addition.
5. The retention of title includes the full value of the results of the processing, blending or combination of our products, whereby we are deemed the manufacturer. If third parties' retention of title remains in place for the processing, blending or combination with third-party products, we acquire co-ownership proportional to the invoice values of the processed, blended or combined products. Otherwise the same retention of title applies to the resulting creation as for the delivered product.
6. The Buyer hereby assigns to us the claims against third parties resulting from the resale of the goods or creation or, if applicable, to the amount of our co-ownership according to the preceding paragraph, as security. We accept this assignment. The obligations of the Buyer specified in no. 5 also apply with regard to the assigned claims.
7. Both we and the Buyer remain entitled to recover the claim. We are obligated not to recover the claim if the Buyer fulfils their payment obligations to us, there is no defect in their ability to render payment, and we do not assert retention of title through exercising a right according to paragraph 3. However, if this is the case, we may request that the Buyer disclose the assigned claims and their debtors to us, discloses all information required for recovery, submits the respective documentation, and informs the debtors (third parties) of the relinquishment. In this case we are also authorised to revoke the authority of the Buyer to the resale and processing of the goods subject to retention of title.
8. If the realisable value of the securities exceeds our claims by more than 10 %, we will release securities of our choosing at the Buyer's request.
K. Liability Limitation
1. Unless otherwise regulated by these GTS, including the following terms, we are liable for a violation of contractual and extra-contractual obligations according to the statutory regulations.
2. We are liable for damages, regardless of the legal basis, with regard to fault-based liability with intent and gross negligence. In the event of gross negligence, subject to a milder liability standard according to the statutory regulations (e.g. for care in our own matters), we are only liable
a. for damages from injury to life, body or health,
b. for damages from a significant violation of a major contract obligation (obligation that must be fulfilled in order to execute the contract properly, and in the fulfilment of which the contract partners can regularly place their trust); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damages.
3. The liability limitations from paragraph 2 also apply in the event of obligation violations by or to the benefit of persons whose culpability we represent according to statutory regulations. They do not apply if we maliciously conceal a defect or have accepted a guarantee for the nature of the product and for claims of the Buyer according to the product liability act.
4. The Buyer may only withdraw or cancel due to an obligation violation not stemming from a defect if we are responsible for the obligation violation. A free right to cancellation for the Buyer (especially according to Sections 651, 649 BGB) is ruled out. Otherwise the statutory requirements and legal consequences apply.
L. Statute of limitations
The following applies to entrepreneurs:
1. Notwithstanding Section 438 para. 1 no. 3 BGB, the general statute of limitations for claims arising from material and legal defects is one year after delivery. If an acceptance is agreed, the limitation period begins with acceptance, otherwise with the transfer of risk.
2. However, if the goods involve a structure or an object that has been used for a structure in accordance with its common usage and which has caused the defectiveness (building material), the limitations period is 5 years upon delivery according to the statutory regulation (Section 438 para. 1 no. 2 BGB). Other special statutory limitation regulations remain unaffected (especially Section 438 para. 1 no. 1, para. 3, Sections 444, 479 BGB).
3. The preceding limitation periods under the sale of goods law also apply to contractual and extra-contractual damage claims of the Buyer that concern a defect in the goods, unless the application of the regular statutory limitation period (Sections 195, 199 BGB) would result in a shorter limitation period in a specific instance. Damage claims by the Buyer according to Section 8 para. 2 s. 1 and 2(a), and according to the product liability act, however, lapse solely in accordance with the statutory limitation periods.
M. Area of Applicability of Our Products
The products are conceived for usage within the European Union. We thus accept no liability for the conformity of our products with statutory or standard regulations in countries outside of the EU. This especially applies for imports into the USA and Canada.
N. Choice of Law
1. The laws of the Federal Republic of Germany apply to these GTS and the contract relationship between us and the Buyer, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG). If the English legal meaning differs from the German legal meaning of this Agreement and its terms, the german legal meaning shall prevail.
2. For consumers, choice of law only applies if this does not take away their protection granted by the compulsory regulations of the country in which the consumer maintains their primary residence.
O. Jurisdiction Agreement
1. If the contract partner is a merchant, a legal person under public law or a special fund under public law, our registered office in Röttingen is agreed as the sole jurisdiction for all claims stemming from or due to this contract. This also applies to persons who have no general jurisdiction in Germany, and persons who relocate their residence or primary residence outside of Germany after conclusion of the contract, or whose residence or primary residence is not known at the time of instituting legal proceedings.
2. This does not apply if the customer is a consumer and resides or primarily resides in a member state of the European Union. In this case, proceedings must commence before the responsible court of the member state in which the residence is located.
P. Retention of Rights
The Seller retains the rights of title and copyrights to images, illustrations, calculations and other documentation. This also applies to those written documents that are marked as "confidential". The Buyer requires our explicit written consent before transferring these to third parties.
Any collection, processing and storing of personal data by the Seller will be limited to the extent legally allowed and necessary to fulfil our contractual obligations. The Seller shall not disclose personal data of the Buyer to third parties or process personal data for any other purposes unless the Buyer has given their prior, explicit consent or the Seller is subject to a legal obligation and authorised to do so.
The Seller may use the email of the Buyer for purposes of directly advertising its own similar goods or services when the address is collected and if the customer has not objected to such use. Whenever the Buyer´s email is used for the abovementioned purposes, the Seller shall clearly point out to the Buyer that he can object to the use at any time without incurring any costs other than the transmission costs in accordance with the basic tariffs. For any advertising purposes other than directly advertising the Seller´s own similar goods or services, e.g. customer information sheets, newsletter or other advertising measures, the Seller will process personal data only with the prior, explicit consent of the Buyer.
Except for the abovementioned advertising purposes, Art. 6 para. 1 b) GDPR is considered the legal basis for processing personal data of the buyer.
1. Right to information
The Buyer has the right to obtain confirmation as to whether or not personal data concerning the Buyer are being processed.
Where that is the case, the Buyer has the right to access the following information:
a. the purposes of the processing;
b. the categories of personal data concerned;
c. the recipients or categories of recipients to whom the personal data have been or will be disclosed;
d. the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the Buyer or to object to such processing;
f. the right to lodge a complaint with a supervisory authority;
g. where the personal data are not collected from the Buyer, any available information as to their source;
h. the existence of automated decision-making, including profiling, as referred to in Art. 22 par. (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Buyer.
2. Right to rectification
The Buyer has the right to obtain the completion of incomplete personal data and rectification of inaccurate personal data. In cases, where the processed data is incomplete and/or inaccurate, the Seller has to carry out the completion and/or rectification without undue delay.
3. Right to restriction of processing
The Buyer shall have the right to obtain restriction of processing where one of the following applies:
a. the accuracy of the personal data is contested by the Buyer, for a period enabling the Seller to verify the accuracy of the personal data;
b. the processing is unlawful and the Buyer opposes the erasure of the personal data and requests the restriction of their use instead;
c. the Seller no longer needs the personal data for the purposes of the processing, but they are required by the Buyer for the establishment, exercise or defense of legal claims;
d. the Buyer has objected to processing pursuant to Art. 21 par. (1) GDPR pending the verification whether the legitimate grounds of the Seller override those of the Buyer.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the Buyer’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
A Buyer who has obtained restriction of processing shall be informed by the Seller before the restriction of processing is lifted.
4. Right to erasure
The Buyer has the right to obtain the erasure of personal data and the Seller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b. the Buyer withdraws consent on which the processing is based according to lit. (a) of Article 6 par. (1) GDPR, or lit (a) of Article 9 par. (2) GDPR, and where there is no other legal ground for the processing;
c. the Buyer objects to the processing pursuant to Art. 21 par. (1) GDPR and there are no overriding legitimate grounds for the processing, or the Buyer objects to the processing pursuant to Art. 21 par. (2) GDPR;
d. the personal data have been unlawfully processed;
e. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Seller is subject;
f. the personal data have been collected in relation to the offer of information society services referred to in Art. 8 par. (1) GDPR.
5. Obligation to inform 3rd parties
Where the Buyer has made the personal data public and is obliged pursuant to Art. 17 par. (1) GDPR to erase the personal data, the Seller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the Buyer has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
6. Exceptions to the right of erasure
The right to erasure shall not apply to the extent that processing is necessary:
a. for exercising the right of freedom of expression and information;
b. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c. for reasons of public interest in the area of public health in accordance with lit. (h) and (i) of Art. 9 par. (2) GDPR as well as Art. 9 par. (3) GDPR;
d. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 par. (1) GDPR in so far as the right referred to in Art. 17 par. (1) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e. for the establishment, exercise or defense of legal claims.
7. Recipients of Personal Data
The Seller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Seller shall inform the Buyer about those recipients if the Buyer requests it.
8. Right to Withdraw
The Buyer shall have the right to withdraw their consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Right to Data Portability
The Buyer shall have the right to receive the personal data concerning the Buyer, which the Buyer has provided to the Seller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Seller, where:
a. the processing is based on consent pursuant to lit. (a) of Art. 6 par. (1) GDPR or lit. (a) of Art. 9 par. (2) GDPR or on a contract pursuant to lit. (b) of Art. 6 par. (1) GDPR; and
b. the processing is carried out by automated means.
In exercising the Buyer´s right to data portability, the Buyer shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall be without prejudice to Art. 17 GDPR. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Seller. The right to data portability shall not adversely affect the rights and freedoms of others. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Seller.
10. Right to object
a. The Buyer shall have the right to object, on grounds relating to the Buyer´s particular situation, at any time to processing of personal data concerning the Buyer which is based on lit. (e) or (f) of Art. 6 par. (1) GDPR, including profiling based on those provisions. The Seller shall no longer process the personal data unless the Seller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Buyer or for the establishment, exercise or defense of legal claims.
b. Where personal data are processed for direct marketing purposes, the Buyer shall have the right to object at any time to processing of personal data concerning the Buyer for such marketing, which includes profiling to the extent that it is related to such direct marketing.
c. Where the Buyer objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
d. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the Buyer may exercise their right to object by automated means using technical specifications.
S. Violations of Intellectual Property Rights
The customer indemnifies the Seller of claims due to violations of intellectual property rights (e.g. copyrights, trademark rights, design rights, patents, utility models, supplementary protection of creations under competition law, etc.) if the violations of intellectual property rights stem from specifications of the customer.
T. Warranty for Playground Equipment
Along with the guarantee described in section I., the Seller ensures a manufacturer's warranty for playground equipment according to the following terms.
1. Warranty assurance for playground equipment
• 15-year warranty for structural stability, against decomposition and fungal infestation on all robinia wood and oiled eucalyptus laminated wood
• 15-year warranty for structural stability, against the rusting through of stainless steel construction elements, galvanised and powder-coated construction elements
• 12-year warranty for structural stability, against decomposition and fungal infestation on all oiled larch laminated wood
• 10-year warranty for structural stability, against decomposition and fungal infestation on all coniferous wood with RAL vacuum pressure impregnation
• 5-year warranty against breaking, functional defects caused by construction, processing and material selection
• 2-year warranty against functional defects and breaking of moving parts, bearings, springs, nets, electronics
2. Excluded from the warranty are:
• Natural wood/material characteristics (shrinkage cracks)
• Usage-induced wear (joints, rope, etc.),
• Wicker products, vandalism, malicious destruction and force majeure
• Damages caused by improper storage
• Rusting of metal parts by saltwater, chlorinated water or salt spray in equipment constructed up to 200 m from the coastline
• Rust caused by scratches or dents
• Bleaching of colours (such as HPL)
• All modifications
3. The warranty period begins with the day of delivery.
Proper, intended usage and corresponding care, technically property repair with original eibe replacement parts, and maintenance by trained personnel as per the manufacturer regulations are required for the warranty to be effective. The Buyer must verify proper maintenance (submission of complete inspection and maintenance reports according to DIN EN 1176, Part 7).
5. The guarantee includes free replacement parts delivery. The customer bears the expenses of disassembly/assembly. For justified warranty claims, the Seller is authorised to render supplementary fulfilment of their choosing. Rescission of the contract or claims to reduction of the price due to this warranty assurance are explicitly excluded.
Statutory claims stemming from material defect liability, in particular the rights according to I. of these GTS, remain unaffected.
U. Right of Revocation for Consumers
I. Consumer’s right of revocation for off-premises contracts (Section 312b BGB) or distance contracts (Section 312c BGB). Consumer is any natural person who conducts a legal transaction for purposes that can primarily be attributed to neither their commercial nor independent professional activity, Section 13 BGB.
Right of Revocation
You have the right to revoke this contract within fourteen days without statement of cause.
The revocation period is fourteen days from the day on which you or a third party that you have specified, who is not the carrier, have or has taken possession of the products.
In order to exercise the right of revocation, you must announce your decision to cancel this contract via a clear declaration (e.g. a letter sent through the post, fax or e-mail). You may use the attached sample revocation form, but it is not required.
To adhere to the revocation period, you need only send notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of Revocation
If you revoke this contract we must refund to you all payments that we have received from you, including delivery costs (excluding the additional expenses that are incurred if you have selected a type of delivery other than the most affordable standard delivery offered by us) immediately and no later than fourteen days from the day on which we have received notification of your revocation of this contract. For this refund we will use the same payment method that you used for the original transaction, unless otherwise explicitly agreed upon with you; in no instance will you be charged fees for this refund.
We may decline the refund until we have received the returned products or until you have rendered proof that you have sent the products back, whichever occurs first.
You must send back or return the products to us immediately and no later than fourteen days from the day on which you notify us of the revocation of this contract. This period is adhered to if you send the products before expiration of the fourteen-day period. You bear the direct expenses of the return of the products. The costs are estimated to be no more than approximately 500 EUR. You must only pay for a potential depreciation in value of the products if this depreciation is attributed to treatment of the products not required to inspect the qualities, characteristics and functionality of the products.
Exceptions from the Right of Revocation
The right of revocation does not apply to the following contracts according to Section 312g para. 2 BGB:
- Contracts for the delivery of goods that are not ready-made and for the production of which an individual selection or specification by the consumer is required, or which are clearly tailored to suit the individual needs of the consumer.
- Contracts for the delivery of goods if these were irrevocably mixed with other products after delivery because of their characteristics.
- Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
- Contracts for which the consumer has explicitly asked the entrepreneur to call upon them to conduct urgent repair or maintenance work; this does not apply to other services rendered during the visit that the consumer has not explicitly requested, or to those goods delivered during the visit that are not necessarily required as replacement parts for maintenance or repair.
II. Sample Revocation Form