General Terms and Conditions
1. general provisions
The company INFLOOR-GIRLOON GmbH & Co. KG (hereinafter referred to as INFLOOR-GIRLOON) concludes all contracts with merchants and entrepreneurs as well as all other contractual partners who are not consumers within the meaning of Section 13 of the German Civil Code (BGB), subject to the following General Terms and Conditions.
2. offers, order placement and acceptance
Order confirmations, telephone, telegraphic or verbal additions, amendments or ancillary agreements to contracts must be made in writing to be valid.
3. delivery times
Delivery dates are only approximate and non-binding. INFLOOR-GIRLOON shall be entitled to make partial deliveries unless special interests of the recipient conflict with a partial delivery. INFLOOR-GIRLOON shall be entitled to invoice partial deliveries separately. In the case of agreed delivery deadlines, the deadlines shall be extended if delivery is hindered as a result of strike, lockout or operational disruption of any kind.
4. shipping
The goods shall be shipped at the expense and risk of the Buyer. The latter shall also apply if INFLOOR-GIRLOON has undertaken carriage paid delivery to a destination.
5 Terms of payment and due date
The indication of payment terms on the invoice does not lead to a deferral of the invoice amount. The Buyer shall be in default if he has not paid within 30 days of receipt of the invoice. Offsetting against counterclaims is excluded unless the counterclaim is legally enforceable or recognized by INFLOOR-GIRLOON.
6. reservation of title
All goods delivered shall remain the property of INFLOOR-GIRLOON until all claims of INFLOOR-GIRLOON against the respective Buyer, on whatever legal grounds they may have arisen, have been satisfied in full. The installation of delivered goods in buildings or movable objects of the Buyer shall not result in the Buyer acquiring ownership. The Buyer is only permitted to dispose of goods subject to retention of title in the ordinary course of business. The goods subject to retention of title may neither be pledged nor assigned as security. If the Buyer resells the goods subject to retention of title, he shall retain title for INFLOOR-GIRLOON.
The processing of the reserved goods by the Buyer is carried out on behalf of INFLOOR-GIRLOON, which remains the owner or acquires co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items in the event of combination or processing. The Buyer is obliged to inform INFLOOR-GIRLOON immediately in the event of seizure or confiscation of the reserved goods.
The Buyer assigns to INFLOOR-GIRLOON any future claims arising from the resale of the goods subject to retention of title; INFLOOR-GIRLOON accepts the assignment. The assignment of claims shall also apply to claims arising in connection with the further processing of the reserved goods. The scope of the assigned claims corresponds to the value of the reserved goods in relation to the total claim of the Buyer.
The Buyer shall be entitled to collect the assigned claims independently in the normal course of business and to utilize the proceeds as long as he is not in default of payment to INFLOOR-GIRLOON or INFLOOR-GIRLOON has not revoked the authorization. The Buyer is obliged to disclose to INFLOOR-GIRLOON all circumstances arising from the resale or further processing for the purpose of enforcing the claims by INFLOOR-GIRLOON.
7 Warranty and compensation
INFLOOR-GIRLOON shall assume the warranty within the framework of the statutory provisions, taking into account the following regulations:
a) Claims for defects shall lapse within one year of delivery of the goods, unless the seller (INFLOOR-GIRLOON) has acted with intent or fraudulently concealed the defect or assumed a guarantee for the quality of the goods.
b) Defects which are recognizable upon proper inspection of the goods must be reported in writing within one week of delivery of the goods at the place of destination and before their processing – hidden defects immediately after their detection – with a precise description of the alleged individual defects. Otherwise, any claims shall be excluded unless INFLOOR-GIRLOON has fraudulently concealed the defect.
c) Any kind of claims for damages and reimbursement of expenses (installation costs, etc.) are excluded. This does not apply to claims for injury to life, limb and health or to claims for damages caused by intentional or grossly negligent actions on the part of INFLOOR-GIRLOON.
d) In the event of delivery of demonstrably defective goods and timely notification of the defect, INFLOOR-GIRLOON shall be entitled, at its discretion, to remedy the defect or to deliver defect-free goods within a reasonable delivery period, step by step against return of the defective goods. If the supplementary performance fails, the buyer reserves the right to reduce the purchase price or to withdraw from the contract.
e) Claims for defects in accordance with § 437 BGB (with the exception of reduction claims) are excluded if and insofar as the buyer has processed the goods with knowledge of the defects or other delivery or incorrect delivery or despite obvious defects and a return of the goods as a result of the resulting deterioration of the goods is excluded. This shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods.
f) Minor technically unavoidable deviations in quality, color, width, weight of the finish or design shall not give rise to any warranty claims unless a specific quality has been guaranteed and agreed. The usual standards and tolerances in carpet production and processing apply. Permanent shading on cut pile carpets (shading) does not give rise to any warranty claims because this shading does not impair the serviceability and the causes are not due to the material or construction.
8. relocation
Our current installation instructions apply to the installation of the product, supplemented by VOB DIN 18365. The installation instructions can be requested from us before processing or obtained from www.infloor-girloon.de/service/downloads. Our current care and cleaning instructions apply for cleaning the product. These can be requested from us or obtained from www.infloor-girloon.de/service/downloads.
9. place of performance and jurisdiction
The place of jurisdiction for all claims arising from this contract with merchants, entrepreneurs and foreign contractual partners is Rheda-Wiedenbrück.
INFLOOR-GIRLOON GmbH & Co KG
Registered office of the company: Herzebrock
Local court: Gütersloh, HRA 5202
General partner Shareholder: Vetex Beteiligungs GmbH
Local court: Gütersloh, HRB 5627
Managing directors: Stefanie Ritterbach, Ulrich Dresing
