Terms & Conditions
The company Georg H. Knickmann (henceforth referred to as „KNICKMANN“) operates the website http://www.schul-knickmann.de/shop/en/terms-conditions for commercial purposes and offers furniture for sale to its business customers.
- 1. Contracting parties
- 2. Conclusion of contract
- 3. Prices and payment
- 4. Delivery terms
- 5. Pricing and delivery terms outside Germany
- 6. Terms of payment
- 7. Reservation of title
- 8. Warranty and liability
- 9. Clames for Damages
- 10. Place of jurisdiction
1. Contracting parties
1.1 The terms and conditions apply to all business relations between the buyer and KNICKMANN in Germany.
1.2 Any agreements reached between KNICKMANN and the buyer in connection with the purchase contracts are laid down in writing in these terms and conditions and in the purchase contract in writing.
2. Conclusion of contract
2.1 The contractual language is German. All offers are without obligation relating technical changes or other modifications, e.g. in shape, color and/or weight of the product. Our offers are exclusively directed at companies, commercial enterprises, freelancers, public authorities, schools and universities, as well as other public facilities within Germany. Please note that our services are not directed at private end users according to legal requirements under the BGB (German Civil Code) and the Preisangabeverordnung (quotation of price regulation).
2.2 The description of products in our online store does not represent a legally binding product offer, but rather a non-binding online catalog. After the buyer has entered personal data and clicked the button "finish order" in the last step of the ordering process, the buyer has entered a binding order (offer for the conclusion of a contract) for the goods contained in the shopping cart.
2.3 You will receive a confirmation of the receipt of your order by KNICKMANN immediately after sending the order. The acceptance of the purchase contract rests with KNICKMANN and will only come into effect with our order confirmation (acceptance of your purchase offer) via email or phone, or delivery of goods.
3. Prices and payment
3.1 The prices at the time of ordering shall apply. All prices displayed on the website are exclusive of VAT. The amount of VAT will be shown separately on the invoice at the end of the order procedure. Unless otherwise stated, the listed prices are per item. Decoration materials displayed in product images are not included in the price.
3.2 Assembly services for selected products, if requested by the customer, will be invoiced separately.
4. Delivery terms
4.1 Transport damage must be noticed immediately upon delivery of the goods, properly reported to the freight forwarder and specified on the delivery note. Complaints made later cannot be accepted
4.2 Unless otherwise agreed, delivery on account is made to the delivery address within Germany which was advised by the customer. Information about the presumed delivery time apply from the date of order confirmation and are non-binding unless for a specific delivery date has been explicitly guaranteed by us.
4.3 If a private-sector company purchases in our goods for the first time, we reserve the right to only deliver goods against prepayment (advance invoice).
5. Pricing and delivery terms outside Germany
All prices listed in our online store and the delivery terms stated in section 4 shall not apply for the delivery outside Germany. Conditions for the export of products must be agreed individually with each customer. The terms of export are available on request.
6. Terms of payment
The total invoice amount is payable without deductions within 14 days of the invoice date. We reserve the right to ask for payment in advance by new customers.
7. Reservation of title
7.1 The goods to be delivered shall remain the property of KNICKMANN until all of the claims which KNICKMANN has against the Customer arising out of the business relationship have been satisfied (reservation of title). This shall also apply if the purchase price has been paid for specific supplies of goods designated by the Customer.
7.2 In the event of any breaches of duty by the Customer, particularly in the event of any late payment, KNICKMANN shall have a right of rescission and retraction; the Customer shall be obliged to surrender the goods delivered that are subject to the reservation of title (hereinafter referred as "Reserved Goods") and must - to the extent necessary - grant KNICKMANN access to its property and premises. The taking back of the purchased goods by KNICKMANN shall constitute rescission of the contract. After taking back the purchased goods, KNICKMANN shall be entitled to realise said goods, and the proceeds from any such realisation less the reasonable realisation costs shall be offset against the Customer's liabilities.
7.3 The Customer shall be under a duty to treat the Reserved Goods with care; it shall particularly be under a duty to adequately insure said goods at its own cost and for their replacement value against damage due to fire, water or theft. If servicing and inspection work is necessary the Customer must carry out such servicing and inspection work in a timely manner and at its own cost.
7.4 The Customer may not pledge or transfer the Reserved Goods by way of security while the reservation of title exists. In the event of enforcement, seisures or other disposals or intervention by third parties the Customer must inform KNICKMANN without undue delay and in writing to enable KNICKMANN to take court action against said measures. If the third party is not in a position to reimburse KNICKMANN the court and out-of-court costs, the Customer shall be liable for the loss incurred by KNICKMANN.
7.5.The Customer is not entitled to re-sell in the ordinary course of business.
7.6 If the Reserved Goods are inseparably mixed with other property not belonging to KNICKMANN, KNICKMANN shall acquire co-ownership of the new goods in the proportion which the value of the Reserved Goods (final invoice amount including value added tax) has to the value of the other mixed property at the time of mixing. If the goods are mixed in such a way that the Customer's goods are to be considered as the main goods, it shall be deemed to be agreed that the Customer shall transfer co-ownership to KNICKMANN pro rata. The Customer shall keep the sole ownership or co-ownership, which has thus accrued, safe on behalf of KNICKMANN.
8. Warranty and liability
8.1 Warranty is excluded for defects arising from inaccurate use (especially by third parties), improper handling of products or accessories, or wear out from overuse and/or improper care. Apart from that, warranty and liability terms are determined by legal regulations unless subsequently stated otherwise.
8.2 The presentation of products on our website is intended exclusively as a mere product description. It is not intended to give a guarantee for the quality or durability of the product. Warranties issued by KNICKMANN must always be declared as such and submitted in written form. Warranty declarations by third parties, especially by the manufacturer, remain unaffected by this.
9. Claims for Damages
9.1 KNICKMANN shall be liable for damages and for the reimbursement of wasted expenditure pursuant to the statutory regulations.
9.2 Damages due to a breach of material contractual obligations is limited to the reimbursement of such damage which is typical for the contract as KNICKMANN ought to have foreseen as a possible consequence when the contract was concluded due to circumstances that were apparent to KNICKMANN providing there was no intent or gross negligence or liability is for an injury to life, body or health, for the giving of a guarantee or the assumption of a risk of procurement or pursuant to the Product Liability Law.
9.3 Foreseeable Damages which are typical for the contract for the purposes of Section 9.2 is damage with the following maximum quantum:
- a) per case of damage: a maximum of the amount of the net purchase price of the contract concerned, and
- b) in the event of more than one case of damage in relation to the same Customer within one calendar year: a maximum of the amount of turnover, for which the Customer purchased products from KNICKMANN in the previous calendar year.
In any case, indirect damages (e.g. lost profit or damage resulting from interruptions in production) do not constitute damage which is typical for the contract for the purposes of Section 9.2.
9.4 Irrespective of Section 9.3 above, when determining the quantum of the claims for damages that exist against KNICKMANN the economic circumstances at KNICKMANN, the type, scope and duration of the business relationship, any contributory causation and/or fault on the part of the Customer must be taken reasonably into account to the benefit of KNICKMANN. In particular, the damages, costs and expenses to be borne by KNICKMANN must be reasonably proportional to the value of the products supplied by KNICKMANN.
9.5 All limitations of liability shall apply to vicarious agents and servants to the same extent.
9.6 The above provisions do not entail any change to the burden of proof to the detriment of the Customer.
9.7 Material contractual obligations in the meaning of Sections 9.1 and 9.2 are obligations, the performance of which make the proper implementation of the contract possible in the first place, and compliance with which the Customer is usually allowed to rely on.
10. Place of jurisdiction
Place of performance is Hamburg.
Exclusive place of jurisdiction for all legal disputes between the parties is the Court at the place of business of KNICKMANN.
KNICKMANN shall, at its discretion, be entitled to claim at the Customer's place of business.
German law applies, the provisions on the conflict of laws shall not apply.