§1 General – Scope
These terms and conditions apply to all current and future business relationships, even if they are not expressly agreed upon again.
For the purposes of these terms and conditions, a consumer is any natural person who enters into a business relationship without being engaged in any commercial or independent professional activity.
A business customer, for the purposes of these terms and conditions, is any natural or legal person or partnership with legal capacity who enters into a business relationship and is acting in the course of their commercial or independent professional activity. The term “
customer,” for the purposes of these terms and conditions, refers to both consumers and business customers.
Any differing, conflicting, or supplementary terms and conditions, even if known to us, will not become part of the contract unless their validity is expressly agreed to in writing.
§2 Conclusion of Contract
Our offers are non-binding. We reserve the right to make technical changes and to allow for customary variations in form, color, structure, and/or weight.
By placing an order, the buyer makes a binding declaration of intent to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within two weeks of its receipt. Acceptance may be declared either in writing or by delivery of the goods to the customer.
If the consumer orders the goods electronically, we will confirm receipt of the order immediately. This confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance.
Our sales staff, representatives, or agents are not authorized to make any verbal side agreements or give any verbal assurances that go beyond the content of the written contract.
If the consumer orders the goods electronically, the contract text will be stored by us and sent to the customer upon request, along with these Terms and Conditions, via email.
§3 Orders on Call
If orders placed on call-off are called off within six weeks of the call-off deadline, we are entitled, at our discretion, either to insist on immediate acceptance or to withdraw from the contract.
The same applies to call-off orders without a specifically agreed call-off deadline if four months have passed since order confirmation without a call-off.
§4 Delivery and performance time, freight charges
If the customer requests special packaging or a special shipping method, the additional costs incurred will be invoiced separately. Shipping costs to end customers within Germany are free (excluding islands). Shipping costs to businesses will be agreed upon separately. If, at
the customer’s request, breakage or other transport damage insurance is taken out upon conclusion of the contract, the resulting costs shall be borne by the customer.
Events of force majeure, as well as circumstances beyond our control that make the timely execution of accepted orders impossible—including subsequent difficulties in procuring materials, operational disruptions, strikes, lockouts, etc., even if they occur at our suppliers or their sub-suppliers—entitle us, to withdraw from the contract in whole or in part, or to postpone delivery for the duration of the impediment, without any claims for damages by the customer.
§5 Retention of Title
In contracts with consumers, we retain title to the goods until full payment of the purchase price.
In contracts with businesses, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
The customer is obligated to handle the goods with care until full payment has been received.
Until full payment, the customer is obligated to inform us immediately of any third-party access to the goods, such as in the event of seizure, as well as any damage to or destruction of the goods. The customer must also notify us immediately of any change of possession of the goods or any change of their own residence.
We are entitled to withdraw from the contract and demand the return of the goods if the customer breaches the contract, particularly in the case of default of payment or a breach of any obligation under clauses 3 and 4 of these terms and conditions.
The business customer is entitled to resell the goods in the ordinary course of business. They hereby assign to us all claims against third parties arising from such resale up to the amount of the invoice. We accept this assignment. After the assignment, the business customer is authorized to collect the receivables. We reserve the right to collect the debt ourselves if the contractor fails to meet their payment obligations and falls into arrears. We may demand that the contractor disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtors of the assignment.
The processing and handling of the goods by the contractor is always carried out in our name and on our behalf. If processing is carried out with items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods we supplied relative to the other processed items. The same applies if the goods are mixed with other items not belonging to us.
§6 Remuneration
The offered purchase price is binding. All prices are net prices plus the applicable statutory value-added tax (VAT). If the buyer is a consumer, the invoice amount is shown gross, including the applicable statutory VAT.
The customer incurs no additional costs when ordering via remote communication methods. The customer can pay the purchase price in cash, cash on delivery, or by invoice. Cash-on-delivery fees are borne by the customer.
Commercial customers are obligated to pay the purchase price within 10 days of receiving the goods; after this period, the customer is in default of payment. – If the customer is a consumer, payment in advance is required.
During the period of default, the consumer is required to pay interest on the outstanding amount at a rate of 5% above the base interest rate.
During the period of default, the business customer is required to pay interest on the outstanding amount at a rate of 8% above the base interest rate. We reserve the right to prove and claim higher damages for default against business customers.
If the customer is in default, we will charge a fee of €10 for each reminder.
If we become aware of circumstances that call into question the customer’s creditworthiness, in particular if assets are seized, a check or bill of exchange is dishonored, payment is delayed, suspended, or discontinued, or insolvency proceedings are initiated against the customer, we are entitled to declare the entire outstanding balance due and payable, even if we have accepted bills of exchange or checks. In this case, we are also entitled to demand advance payments or security.
The customer has a right of set-off only if their counterclaims have been legally established or acknowledged by us. The customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.
§7 Transfer of Risk
If the buyer is a business, the risk of accidental loss or damage to the goods passes to the buyer upon delivery, or, in the case of a sale involving shipment, upon delivery of the goods to the carrier, freight forwarder, or other person or entity designated to carry out the shipment.
If the buyer is a consumer, the risk of accidental loss or damage to the goods sold, even in the case of a sale involving shipment, only passes to the buyer upon delivery of the goods.
Delivery is deemed to have occurred if the buyer is in default of acceptance.
§8 Warranty and Right of Withdrawal
1. If the buyer is a consumer, they have a right of withdrawal within 14
days. See the cancellation policy for details.
There is no right of withdrawal or return for entrepreneurs and commercial customer
The goods must be securely packaged for return shipping. – Any transport damage caused by inadequate packaging will be charged
to the buyer . Naturally grown wood is not a synthetic material. Each log varies in color and structure, which can lead to variations. Naturally occurring differences are therefore not grounds for complaint. If the buyer is a business, we will initially provide a remedy for defects in the goods, at our discretion, by repair or replacement. If the buyer is a consumer, they initially have the choice of whether the remedy should be repair or replacement. However, we are entitled to refuse the chosen remedy if it is only possible at disproportionate cost and the other remedy would not cause significant disadvantage to the consumer. If the remedy fails, the customer may, in principle, demand a reduction in price or cancellation of the contract. However, in the case of only a minor breach of contract, particularly minor defects, the customer is not entitled to cancellation. Businesses must notify us in writing of any obvious defects within eight days of receiving the goods; otherwise, any warranty claims are excluded. Timely dispatch of the notification is sufficient to meet this deadline. The business bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, the time of its discovery, and the timeliness of the notification. All complaints must be noted on the delivery slip upon receipt of the goods. If defects that were not apparent from the outset become apparent within the statutory warranty period after delivery, these must also be reported in writing without delay. Industry-standard deviations in dimensions and designs, especially in the case of repeat orders, do not constitute grounds for complaint unless adherence to specific dimensions and colors has been expressly guaranteed. Warranty and damage claims are excluded when processing materials supplied by the customer if the defect is due to the nature of the supplied material. If, due to a legal or material defect, the customer chooses to withdraw from the contract after failed subsequent performance, he is not entitled to any additional claim for damages due to the defect.
If, after failed attempts at rectification, the customer chooses to claim damages, the goods remain with the customer, provided this is reasonable. Damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if we have fraudulently caused the breach of contract.
For businesses, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. For used goods, the limitation period is one year from delivery. This does not apply if the customer has not notified us of the defect in a timely manner (section 4 of these terms).
If the buyer is a business, only the manufacturer’s product description is considered the agreed-upon condition of the goods.
If the customer receives defective assembly instructions, we are obligated to provide correct assembly instructions if the defect in the instructions prevents proper assembly.
We do not provide any warranties in the legal sense; manufacturer warranties remain unaffected.
§9 Limitations of Liability
In cases of slight negligence, our liability is limited to the foreseeable, typical, direct average damage for the type of goods in question. This also applies to slight negligence on the part of our legal representatives or agents.
We are not liable to businesses for slight negligence in the breach of non-essential contractual obligations.
The aforementioned limitations of liability do not apply to claims by the customer under product liability law. The amount of liability may not exceed the value of the goods.
Claims for damages by the customer due to a defect become time-barred one year after delivery of the goods.
§10 Release of goods, insolvency
If the customer fails to fulfill their obligations to us, we may, without prior notice, demand the return of the goods delivered under retention of title, without prejudice to our right to performance of the contract.
Upon return of the goods, the customer is obligated to return them free of charge and freight. Compensation for any reduction in value remains subject to agreement between the
parties. In the event of insolvency proceedings, the retention of title extends to all goods delivered by us that belong to the insolvency estate, even those already paid for by the customer, until all our claims have been satisfied. If the customer suspends payments before paying for the goods delivered by us, they have the right to segregate these goods in accordance with Sections 47 and 48 of the German Insolvency Code (InsO). We are not liable to businesses for slight negligence in the breach of non-essential contractual obligations.
The aforementioned limitations of liability do not apply to claims by the customer arising from product liability. The amount of liability may not exceed the value of the goods.
Claims for damages by the customer due to a defect become time-barred one year after delivery of the goods.
§11 Final Provisions
The laws of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.
Should individual provisions of the contract with the customer, including these terms and conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.