GENERAL TERMS AND CONDITIONS

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between form32 Designelemente GmbH, Beckumer Straße 220, 59556 Lippstadt, Germany - hereinafter referred to as the provider - and the customer, which are concluded via the website www.form32.de of the provider. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted.
(2) We only offer our goods for sale if you are a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a purchase contract with consumers is excluded.
(3) The contract language is German. The complete text of the contract is not stored by the provider. Before sending the order via the online shopping basket system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by the provider, the order data, the information required by law for distance selling contracts and the General Terms and Conditions are sent to the customer again by email.
In the case of requests for quotations, which are made e.g. by telephone, email or via an enquiry form integrated on the website, the customer receives all contract data as part of a binding offer by email, which the customer can print out or save electronically.

§ 2 Subject matter of the contract

The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the provider's website. The supplier sells the goods partially or exclusively as a commission agent in his own name for the account of a third party, i.e. for a third party as the owner of the goods. Irrespective of this, the contractual partner with all rights and obligations is the supplier.

§ 3 Conclusion of the contract

(1) The product presentations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping basket system.
The goods intended for purchase are placed in the "shopping basket". the customer can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before submitting the order, the customer has the option of checking all details again, changing them (also using the "back" function of the Internet browser) or cancelling the purchase.
By sending the order via the button "order with obligation to pay", the customer submits a binding offer to the provider.
The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3 ) The acceptance of the offer (and thus the conclusion of the contract) takes place either by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by dispatch of the goods. If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound by his order. In this case, any services already rendered will be refunded immediately.
(4) Customer enquiries regarding the purchase of goods or the preparation of individual offers outside the online shopping basket system, e.g. by telephone, email or via an enquiry form integrated on the website, are non-binding for the customer. The provider submits a binding offer to the customer in text form (e.g. by email), which the customer can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. The customer must therefore ensure that the email address provided by him to the provider is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Customised goods

(1) The customer is obliged to provide all necessary data for the production of customised goods via the provider's online shop system or by email; these may not infringe the rights of third parties.
(2) The provider does not check the data for accuracy and is therefore not liable for errors.

§ 5 Prices, shipping costs

(1 ) The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via the "Payment and Shipping" page, are shown separately during the ordering process and are to be borne by the customer in addition, unless delivery free of shipping costs has been promised.
(3) You have the payment options shown under a correspondingly labelled button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.

§ 6 Terms of payment and despatch

(1) The terms and conditions for payment and dispatch can be found under the button of the same name in the navigation bar.
(2) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the unavailability and, in the event of cancellation, any payments already made will be refunded immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to the customer when the goods are handed over, regardless of whether the shipment is insured or uninsured.
(5) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
(6) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of cancellation, any payments already made will be refunded immediately.
(7) Dispatch shall be at your risk. If you so wish, the goods will be dispatched with appropriate transport insurance, whereby the costs incurred as a result are to be borne by you.
(8) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged additional costs for the dispatch as a result.
(9) For payments from abroad, all bank fees and costs are to be borne by the customer. The invoice amount must be credited to our account in full and without deductions. Please select the fee option OUR (all fees borne by the sender) when making the transfer.
(10) There is no statutory right of withdrawal or return for entrepreneurs. Returns of goods are only accepted after prior written agreement. In this case, the customer bears all costs of the return, including transport, packaging, customs clearance, import duties, and any other applicable fees. A credit note will only be issued after the goods have been received by us in full and undamaged.

§ 7 Right of retention, retention of title

(1) The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain the property of the supplier until the purchase price has been paid in full.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves
(4) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 8 Warranty

(1) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:

• for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item
• in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness
• in the case of statutory recourse claims that you have against us in connection with warranty rights.

(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by transporting the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.

§ 9 Liability

(1) The supplier shall be liable without limitation for damages resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the event of fraudulentnegligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the object of purchase, damages under the Product Liability Act and in all other cases regulated by law.
(2) If essential contractual obligations are affected, the liability of the supplier is limited to the foreseeable damage typical for the contract in the case of slight negligence. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
(5) The provider is not liable for price or installation errors resulting from incorrect texts, calculation formulas or technical errors.

§ 10 Choice of law, place of fulfilment, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2 ) The place of fulfilment for all services arising from the business relationship with the provider and the place of jurisdiction is the registered office of the provider, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is filed. This shall not affect the right to appeal to the court at another legal place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.