**Note:** This is an automatically translated version of the legal notice. For the original in German, please visit https://felixschwake.de/agb.
RECHTECK GmbH, Lindener Str. 39a, 44879 Bochum, Germany
1. Scope of Application
The following general terms and conditions apply to all business relationships between Rechteck GmbH and the customer or consumer, as well as agreements for all products and services on the website (URL: www.rechteck.net/ www.rechteck.com/ www.FELIXSCHWAKE.COM/ www.FELIX SCHWAKE.DE). Consumers, in the context of general business relationships, are natural persons without commercial or independent activity. In the sense of general business relationships, companies are independently or commercially active individuals or legal entities, or juristic persons.
2. Deviating Conditions
Consumer conditions that deviate from these general business conditions will not become part of the contract, even if known, unless written consent from RECHTECK GmbH has been given.
3. Assurances by Employees
Employees of our company are not authorized to make promises deviating from these general terms and conditions.
4. Acceptance of Order
All offers (trade fair advertising, postal advertising, advertising flyers, email advertising, websites, telephone advertising) represent an invitation to the customer to accept this in the form of an order. An acceptance of the offer can only take place regarding the entire offer.
The indicated price is valid for 30 days from notification or acceptance of the offer. After this period, increases affecting the production costs of the agreed service can be passed on accordingly.
All offered products are only manufactured by a carpenter after individual order acceptance and are therefore considered special orders.
Technical changes (color, construction, weight, ...) require written consent within the scope of the reasonableness of Rechteck GmbH.
In the event of a cancellation by the customer, our company is entitled to demand a cancellation fee of 10 percent, and for special orders after the start of manufacturing work, 30 percent of the order amount.
If the underlying business is not a consumer transaction and nothing else has been agreed in writing, an estimate is generally written, non-binding, and chargeable. This fee will be deducted from the order amount when the order is placed. Simple verbal cost estimates are non-binding and free of charge.
The contracting party is not entitled to withhold payments due to counterclaims or to offset them with counterclaims.
Changes to the agreed service or deviations are reasonable for the customer if they are minor and factually justified. As factually justified, especially material-related changes, e.g., in dimensions, colors, wood and veneer image, grain, and structure, etc. are considered.
If the customer provides plans or makes dimensional specifications, he is liable for their correctness, unless their incorrectness is obvious or unless natural dimensions have been agreed.
Plans, sketches, and other technical documents as well as brochures, catalogs, samples, and the like remain the intellectual property of our company. Any use or duplication requires our explicit consent.
Delivery times of the offers are communicated in the course of the written order acceptance.
Rechteckt GmbH assumes no liability for delivery delays from suppliers. The delivery time is extended by this period. The same applies to other delivery delays such as force majeure, natural disasters, terror, strike, illness ...
If the delivery period is extended by more than 3 months due to one of the above-mentioned delivery obstacles, Rechteckt GmbH no longer has an obligation to fulfill the service.
If the customer is a businessman, the risk of accidental loss or deterioration passes to the customer with the handover, for dispatch sales, with the delivery of the goods to the forwarding agent, carrier, or other delivering persons.
If the buyer is a consumer, the above-mentioned risks also pass to him upon delivery of the goods. It is irrelevant whether there is a delay in acceptance.
Products to be delivered ex works are generally considered to have been ordered without assembly. A commissioned assembly is billed by the hour with proof. Requested overtime, night hours, and other operational additional costs are to be paid separately according to collective or legal surcharges.
7. Customer's Duty to Cooperate
Before our company provides the service, the customer must fulfill all technical and contractual prerequisites. Unless otherwise agreed, the customer must carry out the transportation and positioning of door and window frames, masonry work, scaffolding installations, etc.
8. Dealing with Authorities and Third Parties
The customer must obtain any required third-party permits, report to authorities, and obtain permits at his own expense.
9. Place of Fulfillment
Unless a specific delivery location has been agreed, the place of fulfillment is our showroom in Bochum, Lindener Str. 39 a. In consumer transactions, this does not establish its own jurisdiction. Dispatch
If a "ex works" delivery has been agreed, but the customer wishes the transportation of the contractual object in his name and to his account to a specific location, he must specify the type of transportation. In the absence of a special order, transportation by rail, post, forwarding agent, or freighter is assumed. Our company has complied with its delivery obligation from the time of transfer to the latter and, unless the underlying transaction is a consumer transaction, has to fulfill warranty obligations only at the place of handover to the carrier.
10. Partial Deliveries
The customer is obliged to accept partial deliveries, as far as this is reasonable and a total delivery was not agreed.
11. Retention of Title
All delivered and installed items remain our company's property until fully paid. In the event of a payment default by the customer, our company is entitled to take back the items in its retained ownership, without this being equivalent to a withdrawal from the contract. The customer is prohibited from pledging or any other legal disposition of the reserved property without our company's consent. The customer must immediately notify our company of any third-party access to the reserved property (seizure or other judicial or official orders, etc.). The customer must take all measures to eliminate the access. He must bear the associated costs and must indemnify and hold our company harmless, as far as he has caused these third-party accesses. For amounts with an invoice amount over € 1,000 and a payment target of more than 30 days, the customer is obliged, for the duration of the retention of title, to insure the reserved property at replacement value against all risks. The future claims against the insurer are already assigned to our company.
12. Payment Target
50 percent of the order amount is due upon receipt of the order confirmation; For transactions abroad, 100% prepayment is due upon receipt of the order confirmation; any agreed delivery period only starts running from the payment day. The remaining amount is due immediately after the product is completed. The invoice amount is due within 8 days.
13. Refusal of Payment
The customer can only refuse his payment if our company has not delivered the service in accordance with the contract. Justified complaints only entitle the retention of a proportionate part of the invoice amount.
14. Payment and Discount
In principle, payment must be made net cash, without deduction, plus separately stated sales tax. If a discount is granted, it can be found in the invoice.
15. Reminder and Collection Expenses
In the event of default in fulfilling his contractual obligations, the customer undertakes to reimburse our company for the necessary reminder and collection expenses for appropriate legal action.
16. Default Interest
In the event of payment default, default interest at a rate of 10 percentage points above the currently valid base rate of the European Central Bank is deemed agreed.
17. Allocation of Payments
Unallocated payments are first credited to any costs, then to interest, and finally to the main claim.
18. Loss of Term
If the customer does not meet his payments and insurance obligations, stops his payments, or if bankruptcy or compensation is opened over his assets, the entire remaining debt becomes due.
In consumer transactions, the statutory warranty provisions apply. Wear parts only have a lifespan corresponding to the current state of the art. For other transactions, the following deviations apply: The warranty period is six months for movable things and 18 months for immovable ones. The presumption of defectiveness according to § 924 ABGB does not apply. Movable and immovable things only have a lifespan corresponding to room furniture. Our company has the choice between improving and replacing the item.
20. Liability for Damages
Our company is only liable for damages caused by gross negligence or intent.
For disputes arising from the contractual relationship to which these general terms and conditions are based, Bochum or, depending on subject-matter jurisdiction, is agreed as the court of jurisdiction.
22. Severability Clause
If individual provisions of these General Terms and Conditions are invalid, all other provisions retain their validity. If these General Terms and Conditions deviate from mandatory provisions of the Consumer Protection Act to the detriment of the consumer, these disadvantageous GTC provisions are not applicable to the consumer.
23. Delivery Dates, Acceptance Default
The actual delivery date must be agreed with the customer no later than 14 days before the expected delivery date.
All risks and costs are transferred to the customer in the event of acceptance default. Delivery delay
If our company exceeds an agreed delivery date by more than two weeks, the customer must set an appropriate grace period of at least two weeks. The customer can only withdraw from the contract in writing after this period has expired. Claims for damages by the customer due to delivery delay require at least gross negligence on the part of our company.
If we are in delay, the client, if he can credibly demonstrate that this has resulted in damage, can request compensation for each completed week of the delay of 0.5%, but a total of no more than 5% of the delivery value, for the part of the delivery that could not be put into operation or distribution due to the delay.
Defects caused during production (poor workmanship, wood defects) are accepted within 2 weeks of delivery. Defects mentioned later will not be recognized.
25. Order Change
Change requests from the client are only considered before or after receiving the order confirmation if the resulting additional costs are borne by the client.
26. Small Quantity Surcharge
For an order value below €100.00, we charge a small quantity surcharge of €10.00. No small quantity surcharge is charged if commissions ordered at the same time reach the net value of goods of €100.00 and are sent to one address.
The goods must be checked by the recipient immediately after receipt. Complaints must be made in writing using a completed complaint report and pictures.