General terms and conditions
Scope
The following general terms and conditions of sale, delivery and repair (hereinafter referred to as in the following briefly AGB) are valid for contracts between BB Concept represented by the Owner Mr. Reik Pinnow, Carrer de Vallseca 13, 07012 Palma de Mallorca Telephone +4917631599615, Mail: info@bbconcept.design and their customers (consumers and entrepreneurs).
Any terms and conditions of the customer that conflict with or deviate from these terms and of the customer are not recognized.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their self-employed occupation.
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activity to their commercial or self-employed activity, § 13 of the German Civil Code.
An entrepreneur is a natural person or legal entity or a partnership with legal capacity partnership who, when concluding a legal transaction, is acting in the exercise of his or her commercial or self-employed activity.
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I. I. is acting in the exercise of its commercial or independent business activity, § 14 BGB.
Right of withdrawal for consumers
Consumers have a right of withdrawal in certain cases regulated by law. In In this case, we will instruct you separately.
General terms and conditions of sale and delivery
1. conclusion of contract
1.1 Orders placed by the customer with BB Concept shall only constitute an offer to BB. Concept for the conclusion of a contract. The order confirmation is not an acceptance of the contract by BB Concept Reik Pinnow.
1.2 Offers to companies are always subject to change.
1.3 The acceptance takes place by BB Concept Reik Pinnow with separate order confirmation or with delivery of the goods
2. delivery
2.1 BB Concept delivers from the supplier’s warehouse. If the customer is an entrepreneur, the The risk shall pass to the customer upon handover of the goods to the carrier or upon collection by the customer, on the customer when the goods are ready for shipment.
3. prices, terms of payment and retention of title
3.1 All prices are in Euro incl. VAT and plus Packing and
Shipping costs.
3.2 Payments shall be due immediately and without deduction upon receipt of the invoice, unless a agreement has been made or different payment terms have been indicated on the invoice. have been stated on the invoice.
3.3 The delivered goods shall remain the property of BB until full payment has been made.
Concept Reik Pinnow (hereinafter: reserved goods).
If the customer is an entrepreneur, the following shall apply in addition:
- The delivered goods remain the property of If the customer is an entrepreneur, the following also applies the following:
- The delivered goods shall remain the property of BB Concept until all claims against the customer have been fulfilled. BB Concept against the customer, even if the individual goods have been paid for.
- The entrepreneur-customer is authorized to resell the goods subject to retention of title in the ordinary to third parties in the ordinary course of business if it is ensured that payment is made to payment is made to BB Concept and that ownership to the third party only when the latter has fulfilled its payment obligations.
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fulfilled has fulfilled its payment obligations. - The entrepreneur-customer can resell under reservation of proprietary rights without resale under retention of title, without this the reserved property is transferred to the third party.
- The entrepreneur customer may, without the consent of BB Concept, the not pledge the goods subject to retention of title or assign them as security. A
Processing or transformation of the goods subject to retention of title by the entrepreneur-customer shall take place exclusively in the name and in the interest of Bäder + Bodenmanufaktur. Reik Pinnow. In the event of attachments, seizures or other dispositions or third parties, the entrepreneur-customer shall notify BB Concept immediately. notify BB Concept without delay. - The entrepreneur customer assigns his claims from the resale of the goods subject to retention of title, including all ancillary rights, to the full amount in the in advance by way of security to BB Concept, which accepts this assignment. Except for revocation and as long as the entrepreneur customer is not in default.
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in default, the entrepreneur customer shall be entitled to collect the claims assigned to BB Concept himself; however, he shall not be entitled assigned claims himself; however, he shall not be entitled to dispose of them in any other way, e.g. by assignment. assignment, in any other way. - At the request of BB Concept, the entrepreneur-customer shall make the the customer concerned of the assignment of the claim and to provide BB Concept with the information the documents required to assert its rights against the buyer, e.g. invoices, and to provide the the customer, e.g. invoices, and to provide the necessary information. issue BB Concept shall, at the request of the purchaser, release the collateral to which it is entitled. customer at the discretion of BB Concept, insofar as their value exceeds the claims to be value exceeds the claims to be secured by more than 20%.
4. warranty
4.1 The statutory warranty rights apply. The rights arising from a any warranty are neither excluded nor limited by these GTC. limited.
4.2 If the customer is an entrepreneur, BB Concept shall decide on the type of and in the case of a replacement delivery, the costs shall be borne by the customer.
of the removal of the defective item and the costs of installation of the defect-free The claim for supplementary performance does not cover the costs for the removal of the defective item and the costs for the installation of the defect-free replacement item.
4.3 Claims for defects of the customer who is an entrepreneur shall become statute-barred one year after delivery.
5. liability
Claims for damages by the customer are excluded. This does not apply insofar as BB Concept in accordance with mandatory statutory provisions (e. g. B. Product Liability Act), in the event of intent, gross negligence, injury to life, limb or health or injury to life, limb or health, or due to the violation of the
essential contract
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utes, i.e. P
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which Muster-GmbH has to grant to the customer according to the the content and purpose of the contract, or the fulfillment of which enables the proper the proper execution of the contract in the first place and which are based on the compliance with which the customer regularly trusts and may trust. A Claim for damages due to a slightly negligent violation of essential contractual
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shall be limited to the foreseeable damage typical for the contract.damages typical for the contract. The Supplier shall release all claims to the extent that their value exceeds the value of the claims to be secured by more than 20%. claims to be secured by more than 20%.
4. warranty
4.1 The statutory warranty rights apply. The rights arising from a any warranty shall neither be excluded nor limited by these GTC.
limited.
4.2 If the customer is an entrepreneur, BB Concept shall decide on the type of and in addition, in the case of replacement delivery, the costs shall be borne by the customer.
of the removal of the defective item and the costs of installation of the defect-free The claim for supplementary performance does not cover the costs for the removal of the defective item and the costs for the installation of the defect-free replacement item.
4.3 Claims for defects of the customer who is an entrepreneur shall become statute-barred one year after delivery.
5. liability
Claims for damages by the customer are excluded. This does not apply insofar as Bäder + Bodenmanufaktur Reik Pinnow according to mandatory statutory
regulations (e.g. Product Liability Act), in case of intent, gross negligence, due to injury to life, limb or health or due to the violation of essential contractualflichten, i.e. PflBB Concept is the the content and purpose of the contract, or whose rights and obligations the the proper execution of the contract in the first place. and on whose compliance the customer regularly relies and trusts. is liable. A claim for damages on account of a slightly negligent Breach of material contractual
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is limited to the foreseeable damage typical for the contract, foreseeable damage typical for the contract.
- until all claims BB Concept has against the customer have been customer, even if the individual goods have been paid for.
- The entrepreneur-customer is authorized to resell the reserved goods to third parties in the ordinary business to third parties if it is ensured that the payment is made to Bäder + Bodenmanufaktur payment is made to Bäder + Bodenmanufaktur Reik Pinnow and that the ownership is only to the third party only when he has fulfilled his payment obligations.
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fulfilled has fulfilled. - The entrepreneur-customer can resell under reservation of proprietary rights without resale under retention of title, without this the reserved property is transferred to the third party.
- The entrepreneur customer may not, without the consent of Bäder + Bodenmanufaktur Reik Pinnow, pledge the goods subject to retention of title. or assign them as security. Any processing or transformation of the goods subject to retention of title by the entrepreneur customer shall be effected exclusively in the name of and in the interest of BB Concept. In the event of seizures, attachments or other dispositions or interventions by third parties, the entrepreneur-customer shall notify BB Concept without delay.
- The entrepreneur customer assigns his claims from the resale of the goods subject to retention of title, including all ancillary rights, in full in the in advance by way of security to BB Concept, which accepts this assignment. Except for revocation and as long as the entrepreneur customer is not in default.
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in default, the entrepreneur customer shall be entitled to collect the claims assigned to BB Concept himself; however, he shall not be entitled assigned claims himself; however, he shall not be entitled to dispose of them in any other way, e.g. by assignment. assignment, in any other way.
GENERAL REPAIR AND INSTALLATION CONDITIONS
The provisions under III of these General Terms and Conditions shall apply accordingly, if no deviating agreement has been made. The conditions do not apply if repairs are carried out within the scope of claims for defects of the contracting party.
1. cost
1.1. If the expected price of the services is not specified when the contract is concluded, the customer may set cost limits.
1.2 Binding cost estimates shall only be provided upon express request by the customer. by the customer.
1.3. A cost estimate requested by the contracting party shall only be binding binding if it is submitted by us in writing and designated as binding.
The contractual partner shall be charged for the services required for the submission of the cost estimate. contracting party insofar as the repair is not carried out or they cannot be used for the cannot be utilized in carrying out the repair.
1.4. If it becomes apparent during the repair that the anticipated costs of the repair exceed the costs estimated without obligation and are not in an economically justifiable proportion to the current reasonable relation to the current market value of the item to be repaired, we shall inform the contractual partner of this without delay. The same shall apply to defects that we only on the occasion of the repair and which were not previously included in the scope of the were included in the scope of the repair order.
1.5. The item shall be returned after a repair has been discontinued for reasons for which we are not responsible. repair for which we are not responsible, the item shall only be returned to its original condition the costs incurred thereby back to the original condition.
1.6. When calculating the repair, the prices for parts used, materials and special services, as well as the prices for labor, travel and other costs. Transport costs to be shown separately in each case. If the repair is carried out due to a binding cost estimate, it shall be sufficient to refer to the cost estimate. only deviations in the scope of services are to be listed separately. are to be specifically listed.
2. termination
If the customer terminates the contract, he shall pay for the work and costs incurred up to that point, including expenses for ordered and already procured spare parts. pay.
3. payments
Payments are due immediately and without deduction after acceptance. BB Concept can be used for order shall demand a reasonable advance payment. The advance payment at Individually created products at the request of the customer is 100% of the sales price.
4. participation p
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ichts
4.1 The customer has to pay the P
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to ensure adequate working conditions and safety at the place of repair or at the place of repair or assembly.
4.2 The customer is obliged
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The customer is obligated to provide the required energy, including Provide connections at its expense. He has all the materials and supplies and to perform all other actions necessary for the testing. are.
4.3 If the customer fails to meet its obligations, the
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obligations, the customer shall be # The provisions under III of these General Terms and Conditions shall apply accordingly if no other conditions apply. deviating agreement has been made. The conditions do not apply if Repairs carried out within the scope of claims for defects by the contractual partner. If the customer cancels the contract, he has the work and costs incurred until then,
including expenses for ordered and already procured spare parts. pay.
6. acceptance of the repair or assembly, acceptance by the customer
6.1 The customer is obliged to accept
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as soon as he has been notified of the completion of the has been. Acceptance cannot be refused due to insignificant defects.
6.2 If the customer is in default of acceptance, acceptance shall be deemed to have taken place after the expiry of twelve working days from the date of notification of completion. If the customer has used without acceptance, the acceptance is valid after the expiry of six months. working days after the start of use as having taken place. Reservations due to recognizable defects In such cases, the customer shall assert any claims by the dates specified above at the latest. to assert such claims.
7. Extended lien
BB Concept shall be entitled to a lien on the repair or assembly item in its possession on the basis of the object of repair or assembly that has come into its possession on the basis of the contract. Customers to. The right of lien may also be exercised on account of claims arising from previously executed work, deliveries of spare parts and other services, insofar as they are related to the subject matter of the contract. For other claims arising from the business relationship, the right of lien shall only apply insofar as these claims are undisputed or have been established by a court of law.
8. warranty
The customer shall immediately notify BB Concept of any defect in the repair or assembly. to communicate. If the customer has carried out repair or maintenance work without the consent of BB Concept, the Assembly work improperly carried out by yourself or by a third party BB Concept shall not be liable for such work. The same applies if at the request of the customer, the replacement of parts in need of renewal is omitted.
# FINAL PROVISIONS
BB Concept is not ready or verp
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obligated to participate in dispute resolution proceedings before a a consumer arbitration board.
After a dispute has arisen between Bäder + Bodenmanufaktur Reik Pinnow
and a consumer-customer, which cannot be settled by negotiation with the consumer-customer
customer, for example within the framework of our customer complaint system. consumer-customers can in principle the for general consumer problems for general consumer problems to the General Consumer Arbitration Board of the Zentrum für Schlichtung e. V. (Center for Conciliation).
CONTACT
General Consumer Arbitration Board of the Center for Arbitration e.V.
Strasbourg
Street 8,
77694 Kehl on the Rhine
mail@verbraucher-schlichter.de Phone: 07851 / 795 79 40
Fax: 07851 / 795 79 41
APPLICABLE LAW, CONTACT
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
