General Terms & Conditions

General Terms & Conditions (German: AGB)

Overview of General Terms & Conditions

1. Scope

2. Contractual partner, conclusion of contract

3. Code of conduct

4. Revocation instructions

5. Transportation damage

6. Prices and shipping costs

7. Delivery and shipment / Delay / Packaging / Transfer of risk

8. Payment

9. Retention of title

10. Grading

11. Customer service

12. Warranty and liability for defects

13. Other claims for damages

14. Applicable law and place of jurisdiction

15. Partial invalidity

16. Liability for content

 

16.4 Further information:

Ordering process

Wording of contract

 

General Terms & Conditions

1. Scope

These General Terms & Conditions (German: AGB) apply to all contracts between Pabst & Schmalz Fliesenservice GmbH and consumers (Sec. 13 of the German Civil Code (BGB)) concluded through our online shop.

A consumer is any natural person concluding a legal transaction for a purpose that cannot be attributed to their commercial or independent (self-employed) professional activity.

 

2. Contractual partner

2.1.  The purchasing contract is concluded with: Pabst & Schmalz Fliesenservice GmbH, Ludwig-Hupfeld-Str. 30, 04178 Leipzig, Commercial Register: Amtsgericht Leipzig (District Court) HRA 14823. Managing Directors: Thomas Schmalz and Heiko Pabst

2.2.  The representation of products in the online shop does not represent a legally binding offer, but a noncommittal online catalogue. All offers apply "while stocks last" unless otherwise specifically indicated in connection with the products. Errors and omissions are excepted.

2.3.  By clicking the “Send order“ button in the last step of the order process, you are sending a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order is realised together with acceptance of your order through an automated e-mail immediately after sending. The purchase agreement comes into force through this e-mail confirmation.

 

3. Code of conduct

We are subject to the following codes of conduct:

Secure purchasing with the Trusted Shops money-back guarantee.

http://www.trustedshops.de/guetesiegel/kaeuferschutz.html

 

4. Revocation instructions

Right of revocation

Consumer are entitled to revoke your contractual declaration within fourteen days without indication of reasons. The revocation period is fourteen days as of the day on which you or a third party appointed by you other than the carrier acquires material possession of the last of the goods.

In order to exercise your right of revocation, you must inform us (fliesenverkauf.eu, Pabst & Schmalz Fliesenservice GmbH, Ludwig-Hupfeld-Str. 30, 04178 Leipzig, FAX:  0049341 / 921 81 39, e-mail:  info@fliesenverkauf.eu  about your decision to revoke this contract through a clear declaration (e.g. a letter sent by post, a fax or e-mail). You can use the sample revocation form provided for this purpose, but this is not obligatory.

The timely despatch of the notification of the intention to exercise the right of revocation prior to expiration of the revocation period shall be deemed sufficient for compliance with the revocation period.

Consequences of revocation

If you revoke this contract, we are obliged to repay all payments received from you, including the delivery costs (with the exception of additional costs arising from your desire for an alternative form of delivery to that offered by us and opting for the most favourable standard delivery), immediately and within fourteen days at the latest as of the day on which notification of your intention to revoke this contract was received by us. We shall utilise the same means of payment for this refund which you have opted for in the original transaction, unless other methods have been expressly agreed with you. Under no circumstances shall fees be charged to you for this refund.

You shall only be obliged to pay for any loss of value of the goods if this loss of value can be traced back to their unnecessary handling by you for the purpose of inspecting the condition, characteristics and function of the goods.

They bear the immediate costs of the return of the goods. Forwarding agency goods, so every delivery which they have got of us on palette delivered are to be sent back basically even as those to us. Please, they note that a maximum permissible load per palette of 1000 kg may not be crossed. We can fetch the forwarding agency goods also from you. Within the German mainland and German islands with street binding to the mainland amount the costs for the return to 125.00 EUR for the first palette and 50.00 EUR for every other one. For the Rückholung from our other given area of delivery amount the amount the costs for the return to 200.00 EUR for the first palette and 60.00 EUR for every other one.
Package product please send to our postal address.

Please avoid damage and contamination or soiling. Please prepare the goods where possible in the original packaging on a pallet as delivered for collection. A protective covering (film) should be provided for the cartons of tiles to avoid damage due to inadequate packaging.

____________________________________________________________________________

Sample revocation form

(Please fill out this form and return it to us if you wish to revoke the contract.)

 

Pabst & Schmalz Fliesenservice GmbH

fliesenverkauf.eu

Ludwig-Hupfeld-Str. 30
04178 Leipzig

Germany

 

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

  •     Ordered on (*)/Received on (*)
  •     Name of consumer(s)
  •     Address of consumer(s)
  •     Signature of the consumer(s) (for notification on paper only)
  •     Date

(*) Delete as applicable.

________________________________________________________________________________

The right of revocation does not apply to distance selling contracts:

- for the delivery of goods which are not prefabricated and where an individual selection or assignment by the consumer is essential or unambiguously tailored to meet the personal needs of the consumer,

- for the delivery of goods which can spoil rapidly or whose expiration date could be rapidly exceeded,

- for the delivery of sealed goods which, due to reasons of health or hygiene, are unsuitable for returning if their sealing has been removed following delivery,

- for the delivery of goods if these have been inseparably mixed following delivery with other goods as a consequence of their condition or consistency,

- for the delivery of sound or video recordings or computer software in sealed packaging if the sealing has been removed following delivery,

- for the delivery of newspapers, magazines or illustrated publications, with the exception of subscription contracts,

- for the delivery of alcoholic beverages whose price has been agreed at conclusion of the contract, but which can only be delivered 30 days after conclusion of contract at the latest and whose current value depends on fluctuations on the market which the entrepreneur/company is incapable of influencing.

 

5. Transportation damage

The customer shall inspect the goods and packaging immediately following delivery/collection for all identifiable or obvious defects and transportation damage. Where goods with obvious transportation damaged are delivered, please complain about such faults immediately to the deliverer/delivery company and please also contact us immediately. Please send us a photograph of the damage by e-mail to info@fliesenverkauf.eu. The goods shall be regarded as accepted if the customer fails to provide this notification.

 

6. Prices and shipping costs

6.1. Prices of our products are quoted in euro per item, including statutory value added tax. Prices do not include transportation, collect/cash on delivery or packaging costs, nor do they include insurance, customs or other ancillary expenses. Square metre prices are quoted per quantity at the rates taken as a basis in the trade association and in the general statistical evaluation for a square metre.

Our prices are in all cases the prices indicated in the shopping basket on our website at the time of ordering. Deviating prices which may be illustrated on pages and are loaded from intermediate memories (browser cache, proxies) are not current and invalid.

6.2. Shipping costs ( insured transportation ) :

Shipping costs are also due in addition to the stipulated product prices. All our shipments are insured. More information on the level of shipping costs can be obtained with the offers.

Shipping costs are calculated when a product is the object of a binding order in the shopping basket. You shall be clearly informed once again of the shipping costs in the shopping basket system and on the order page without the need to register. This amount shall be indicated separately in the respective invoice and is also quoted including statutory value added tax.

The shipping costs for deliveries within mainland Germany and German islands with a road link to the mainland and also for our delivery areas indicated below are contained in the following shipping costs table:

>>Shipping costs table

 

7. Delivery and shipment / Delay / Packaging / Transfer of risk

7.1. Delivery is realised within mainland Germany and German islands with a road link to the mainland and to the following delivery areas: Austria, Switzerland, Luxembourg, Denmark, the Netherlands, France and Norway.

>>Shipping information

7.2. Delivery times depend on the product and are indicated on the details page for the product. Should shipping delays occur following an order, the customer shall be informed of these as quickly as possible by e-mail and in the order status.

7.3. The prerequisite for adherence to a delivery deadline is in all cases our timely receipt of delivery from our suppliers.

7.4. In the event of force majeure or other unforeseeable and extraordinary circumstances and circumstances for which we are not responsible, e.g. operational interruptions, strikes, lockouts, measures taken by the authorities, etc. - including where such arise in relation to our suppliers - the delivery period shall be extended to a reasonable extent if we are unable to comply with our obligations in due time. If the delivery is rendered impossible through the aforementioned circumstances, we shall be released from the delivery obligation. The same applies in cases of unreasonableness. We can only invoke the aforementioned circumstances if we inform the customer without delay.

7.5. A partial delivery shall be considered as an independent transaction. Payment for the partial delivery may not be refused due to quantities of goods which are still pending. 6.1 applies accordingly in all other cases. Partial deliveries due to delivery delays of individual products shall only be realised following agreement with the customer.

7.6. Delay

(1) Where we are not responsible for the delay or interruption of delivery, the purchaser can only withdraw from the contract in the case of non-consumer contracts if he or she has previously set an appropriate period of grace and this period lapses without effect. An additional period of grace is not required if the delivery is unreasonably delayed.

(2) 12. applies with regard to liability for damage as a consequence of delayed or interrupted delivery.

(3) For orders with a call-off period and in the event of the purchaser not accepting the goods on the due date, we are entitled to withdraw from the contract following a period of grace of one week and to demand compensation for non-performance.

7.7. Packaging and loading charges

In the case of carton packaging, packaging expenses are included in our prices. In general, all our products are loaded on disposable pallets and Euro-pallets.

7.8. Delivery and transfer of risk

(1) Delivery free site or free warehouse means delivery with a heavy road train (truck or trailer) subject to the availability of a navigable access road. Should the delivery vehicle leave the navigable access road on the purchaser's/customer's instructions, he or she shall be liable for any damages that may occur. Other conditions only apply if we are culpable of intent or gross negligence. Waiting times shall be charged to the purchaser. The purchaser bears the cost of delivery to any location other than that agreed.

(2) The purchaser bears responsibility for any official permits for depositing goods on the footpath or similar which may be required.

(3) The purchaser bears liability for damages outside public transport areas which occur when driving on the instructions or with the acquiescence of the purchaser. This also encompasses damage on the footpath and in the entrance drive or yard on the property.

(4) Delivery is realised by a forwarding agent/haulier free kerbstone at ground level. The purchaser is responsible for further transportation to upper building floors or into basements.

"Free kerbstone" means you shall receive the delivery at ground level without steps. You shall be responsible for transporting the goods to the desired location of use (e.g. the upper floor of your house).

(5) In the event of collection by the customer, risk is transferred to the customer on provision for loading.

 

8. Payment

The following payment methods can be availed of in our shop:

Advance payment

On selection of advance payment as a payment method, we shall provide you with our bank details in the order confirmation and deliver the goods on receipt of payment. They receive 2% discount on payment by cash in advance. 

Credit card

Your credit card shall be charged on conclusion of the order. Please note that delivery in the case of credit card payment is only possible to the card holder (including in the case of a different delivery address).

Paypal

You pay the invoice amount via the online Paypal provider. It is imperative that you be registered or first register with this provider, are legitimised through your access data and confirm the payment order to us (the exception being any guest access). Further instructions are available in the ordering process.

SOFORT Überweisung online payment method

We also offer the SOFORT Überweisung online payment method. This means that we receive the credit transfer immediately. This accelerates the entire ordering process. You merely require an account number, bank code, PIN and TAN for this purpose. The SOFORT Überweisung payment method transacts a transfer in your online bank account via the secure transfer form provided by the firm Sofort AG. The transfer form is not accessible to dealers, and the transfer is realised automatically in real time. The purchasing amount is transferred immediately and directly to the bank account of the dealer during this. A form which is filled out previously opens at the end of the ordering process when the SOFORT Überweisung payment method is selected. This already contains our bank details. Furthermore, the transfer amount and purpose are already indicated on the form. You now need to select the country in which you have your online banking account and the associated bank code. You then enter the same data as when registering for online banking (account number and PIN).  Confirm your order by entering the TAN. You receive confirmation of the transaction directly after this. In principle, any internet user can utilise the SOFORT Überweisung payment method if he or she has an activated online banking account with a PIN/TAN system. Please note that the SOFORT Überweisung payment method is not available with a limited number of banks. For further information as to whether your bank supports this service, see: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

 

9. Retention of title

The goods remain our property until full payment is received.

 

10. Grading

Ceramic tiles are graded as follows:

10.1. Premium grading corresponds to DIN EN standards. Normal requirements with regard to the body, surface, purity and beauty of the glaze can be set in initial grading. Minor defects and insignificant shape and colour deviations in individual tiles are permitted, as long as they do not impair the overall effect during correct laying.

10.2. Lower graded tiles or other tiles not belonging to initial grading are tiles with clearly discernible faults. Adherence to the quality requirement pursuant to DIN EN standards is not a prerequisite in this case for the fulfilment of this requirement free of faults.

 

11. Customer service

You can contact our customer service with your questions, complaints and claims by e-mail at info@fliesenverkauf.eu and Mon. - Fri. 8:00 am - 5:00 pm at the telephone number 0341 / 927 00 30.

 

12. Warranty and liability for defects

12.1 Warranty

The warranty is issued pursuant to statutory provisions. You have a statutory right to subsequent performance in the case of all defects arising during the legal warranty period of two years as of delivery (remedying of defects or a new delivery, according to your preference) and, where the legal requirements exist, statutory rights to a price reduction or of withdrawal and, additionally, to compensation.

12.2 Liability for defects

(1) Insofar as no other conditions have been agreed, we shall guarantee that the tiles in the initial grading sold by us correspond to the characteristics in DIN EN standards. Samples and specimens only reflect the average failure rate of the goods. In view of the special characteristics of ceramic production, complaints relating to deviations in delivered goods which are usual in the trade or insignificant and regarding breakage and shrinkage which is usual in the trade ( 5% ) cannot be entertained. The same applies to minor deviations in the size and thickness of tiles and the fact that the deliveries exhibit irregularities in colour. Explanation: The premium choice / grade is standardised!  In particular, no more than 5% is permitted in the case of visual faults or breakage (no more than 5 faulty or broken tiles are permitted for every 100 tiles).

(2) The customer shall inspect the goods and packaging immediately after delivery/collection, indicating all discernible or obvious defects, transportation damage, incorrect quantities or incorrect deliveries to us in writing and lodge a complaint with regard to said immediately or 7 days after delivery/collection at the latest, but in all cases prior to further sale, use or processing. The goods are regarded as approved if the customer fails to indicate such deficiencies. An apparent deficiency does not first exist when it becomes evident, but rather when the deficiency could have been determined in the course of a proper inspection. According to the legal definition in Section § 121 Paragraph 1 of the German Civil Code (BGB), immediately means "without a culpable delay".

(3) Concealed deficiencies (which do not mean damage or breakage! ) should be indicated to us by registered letter immediately after their detection. The above applies accordingly in the case of late indication and lodging of a complaint against us.

(4) Goods which are found to be faulty should be stored properly by the customer to avoid damage and retained ready for our inspection until final clarification.

(5) We shall remedy deficiencies through subsequent performance in the case of a justifiable complaint regarding deficiencies lodged within the required period. The customer is only entitled to withdraw from the contract or to a reduction in the purchasing price following the unsuccessful expiration of an appropriate subsequent period of grace for subsequent performance set by him or her, unless the period of grace set is regarded as unnecessary according to statutory provisions.

(6) Where the ultimate customer of the purchased item is a consumer in the delivery chain, the seller is (under the additional requirements of Section 377 of the German Commercial Code (HGB)) entitled to recourse according to statutory provisions. However, the purchaser/customer is only entitled to lodge those claims for compensation or reimbursement of expenses according to 12.

(7) Any warranty is rendered null and void if the customer stores or handles the goods in an incorrect manner. We shall not assume any liability for delivered goods which are subjected to handling deficiencies perpetrated by the customer. Other conditions only apply if the customer can prove that a deficiency in the delivered goods exists or handling deficiencies can be traced back to a deficiency in the delivered goods.

(8) Ceramic products used as flooring are, as with all flooring materials, generally subject to wear. As this factor lies beyond our sphere of influence, no liability can be assumed for any abrasion resulting from this. However, we shall honour the guarantee that the products offered by us in the initial grading correspond to the stipulated wear classes.

(9) The provisions of 12 below apply in the case of any claims for compensation or reimbursement of expenses on the part of the purchaser/customer.

(10) Insofar as the provisions above regarding the indication of unobvious deficiencies are directly associated with a cut-off period (exclusion period) or restriction of the deficiency claims of the purchaser/customer, these only apply to the company/entrepreneur, a legal person or entity under public law or a special fund under public law.

 

13. Other claims for damages

13.1. In the event of a pre-contractual, contractual or non-contractual breach of obligation, including in the case of a deficient delivery or impermissible handling, we shall only assume liability for compensation and reimbursement of expenses - subject to further statutory liability requirements - in the case of intent, gross negligence and in the case of a minor negligent breach of a significant contractual obligation (a contractual obligation whose breach endangers the achievement of the contractual purpose). However, our liability is limited in the latter case to damage typical to the contract and foreseeable on conclusion of the contract. Where the client/customer on its part is a company/entrepreneur, our liability is also limited in the case of gross negligence to damage which is typically foreseeable on conclusion of the contract.

13.2. The above liability provisions also apply to compensation claims arising from the impossibility of delivery/performance and delay, insofar as not otherwise determined below.

In the event of delay or impossibility of delivery/performance, we shall also assume liability with regard to non-merchants in the case of simple negligence, but only to the level of additional expenses for substitute performance. If the purchase represents a commercial transaction for both parties, we shall assume liability for damages due to delay which are only the consequence of minor negligence and only to a level of 5% of the purchasing price agreed with us for the delivery. The same applies to liability on our part for compensation and replacement of futile expenses relating to impossibility of delivery/performance.

13.3. Liability for minor negligence above and beyond the abovementioned provisions is excluded.

13.4. The liability exclusions and limitations included in the abovementioned provisions (12.1-3) do not apply in the case of a mandatory liability pursuant to the German product liability law (Produkthaftungsgesetz), an injury to life, limb or health or in the case of the assumption of a guarantee regarding the condition of the item delivered or in the case of malicious concealment by us of a deficiency.

 

14. Applicable law and place of jurisdiction

14.1. The law of the Federal Republic of Germany applies to any disputes arising from the contract.

14.2. Insofar as the purchaser/customer is a merchant or the other prerequisites of Section § 38 of the German code of civil procedure (ZPO) exist, Leipzig in Germany is the exclusive place of jurisdiction for all disputes arising from the contractual relationship, including exchange cases and cases where evidence can be presented in document form. The same applies to disputes which affect the conclusion and validity of the contract.

 

15. Partial invalidity

Should one or more of the provisions above prove or become ineffective, whether wholly or partially, the validity of the remaining provisions is not affected as a result. The contractual parties are obliged to agree on a new provision which best approximates the intended purpose of the ineffective provision.

 

16. Liability for content

16.1. The content of our website has been compiled with the utmost care. However, we cannot assume any liability for the correctness, completeness and up-to-date nature of content. As a service provider, we are responsible under general legislation for our own content on this website pursuant to Section 7, Paragraph 1 of the German Telemedia Act (TMG). However, pursuant to Sections 8 to 10 of the German Telemedia Act (TMG), we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate any circumstances that might indicate illegal activity. Any obligations to remove or block the use of information in conformance with general legislation remain unaffected by this. However, the exercising of liability in this regard is only possible at the time of becoming aware of a specific infringement of the law. Should relevant infringements of the law become known, we shall remove these contents immediately.

16.2. Liability for links

Our offer includes links to external websites of third parties over which contents we have no influence. For this reason we cannot assume any guarantee for third-party contents of this nature. The respective provider or operator of the website is responsible in all cases for the contents of the linked pages. The linked website pages were checked for possible legal violations at the time they were linked. No illegal contents were evident at the time they were linked. However, permanent checking of the contents of linked website pages cannot reasonably be expected, unless there are specific grounds to suspect an infringement of the law. Should infringements of the law become known, we shall remove links of this nature immediately.

16.3. Copyright

The contents and works shown on these pages and prepared by the operator of the website are subject to German copyright law. Duplication, editing, distribution and any type of usage beyond the limits set by copyright law require the written consent of the author or creator. Downloads and copies of this website are only permitted for private. non-commercial use. Insofar as the contents of this website have not been created by the operator, the copyright of third parties has been observed. In particular, contents of third parties have been identified as such. Nevertheless, should you become aware of any violation of copyright, we would ask you to notify us of this. Should infringements of the law become known, we shall remove contents of this nature immediately.

The use of the contact data published as part of our legal notice obligation for the purpose of sending any advertising or information material that has not been explicitly requested is herewith expressly rejected. The operators of this website expressly reserve the right to take legal steps in the event of the unrequested sending of advertising information (e.g. through spam mails).

 

16.4. Further information

 

(1) Ordering process

If you have found the desired product, you can add this to the shopping basket by selecting the 'Add to shopping basket' button without any obligation to purchase. You can view the contents of the shopping basket at any time by clicking the "Show shopping basket" button with no obligation on your part. You can remove products from the shopping basket again at any time by clicking the "Recycle bin" button. Click the "Proceed to checkout" button if you wish to purchase the products in the shopping basket. Please enter your data after this. Required fields are marked with an asterisk (*). Registration is offered, but not required. Your data shall be encrypted for transmission. Now select the shipping and payment method. Following entry of your data, please check your entries once again. Clicking the "Binding order" button completes the ordering process. The process can be cancelled at any time by closing the browser window. You are provided with additional information such as options for making corrections on individual pages.

(2) Wording of the contract

The wording of the contract is stored on our internal systems. The General Terms & Conditions can be viewed on this website at any time. If you have created a customer account, you can view your customer information at any time under "Your account". Ordering data and the General Terms & Conditions shall be sent to you by e-mail. After completion of the order, the wording of the contract shall no longer be available via the internet for security reasons.

 

Data protection

Valid as of 12.01.2018

 


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