Terms and Conditions

1. Construction services: For all construction services, including assembly, the VOB/B applies in the version valid at the time the contract is concluded, provided the order is placed by a contractual partner working in the construction industry. If a private customer places an order for construction work, the VOB/B will only become part of the contract if a separate agreement has been made and the complete text has been handed over in advance.

2. Services and deliveries other than construction services: For services to public clients, the VOB/B applies in the version valid at the time the contract is concluded.

3. Other construction services and deliveries: The provisions of Sections 3.1 to 3.7 apply to the manufacture and delivery of doors and other objects as well as to the delivery of other services that are not construction services within the meaning of Section 1 or construction services for which the inclusion of the VOB/B in accordance with Section 1 has not been agreed.

3.1 Order acceptance: All offers are non-binding until the order is accepted. If the client's order deviates from the contractor's cost estimate, a contract in this case is only concluded with the contractor's confirmation.

3.2 If the service owed by the contractor is delayed due to force majeure, a lawful strike, incapacity through no fault of the contractor or one of its suppliers, or unfavorable weather conditions, the agreed delivery period will be extended by the duration of the delay.

3.3 Warranty: Obvious defects must be reported in writing two weeks after receipt of the goods or upon acceptance of the service. After this period has expired, warranty claims due to obvious defects can no longer be asserted.

3.4 If complaints about defects are justified, the contractor has the choice of either repairing the defective delivery items or supplying the client with a replacement in return for taking back the item complained about. As long as the contractor fulfills his obligations to remedy the defects, the client does not have the right to demand a reduction in the remuneration or cancellation of the contract, unless the repair has failed. If a repair or replacement delivery is impossible, is missing or is refused, the client can, at his discretion, demand a corresponding price reduction or cancellation of the contract.

3.5 We reserve the right to insignificant, reasonable deviations in dimensions and designs (color and structure), particularly in the case of repeat orders, provided that these are due to the nature of the materials used (granite, marble or other natural stones) and are common.

3.6 Compensation: If the contractual service has been provided and accepted by the contractor, the remuneration is to be paid according to simple accounting without any discount, unless otherwise agreed.

3.7 Flat rate compensation: If the client terminates the work contract before construction is carried out, the contractor is entitled to demand 5% of the agreed net remuneration as compensation. The client reserves the right to prove lesser damage. Otherwise, the legal regulation in Section 649 of the German Civil Code (BGB) applies.

4. Offsetting: The offsetting and assertion of a right of retention against claims other than undisputed and legally established claims is excluded.

5. Retention of title:

5.1 Delivered items remain the property of the contractor until the remuneration has been paid in full.

5.2 The client is obliged to immediately notify the contractor in writing of any seizures of the items subject to retention of title and to inform the seizure creditors of the retention of title. The client is not entitled to sell, give away, pledge or assign as security the items delivered to him under retention of title.

5.3 If the delivery is made for a business operation run by the client, the items may be resold as part of proper business management. In this case, the client's claims against the buyer resulting from the sale are already assigned to the contractor in the amount of the invoice value of the reserved item delivered. If the items are resold on credit, the client must reserve title to his buyer. The client hereby assigns the rights and claims arising from this retention of title towards his customer to the contractor accepting the assignment.

5.4 If items subject to retention of title are incorporated into the client's property as essential components, the client hereby assigns the claims arising from a sale of the property or property rights in the amount of the invoice value of the items subject to retention of title, along with all rights, to the accepting contractor.

5.5 If the objects of retention of title are installed as essential components in the property of a third party by the client or on behalf of the client, the client hereby assigns any claims for remuneration that may arise against the third party or the person to whom it concerns in the amount of the invoice value of the objects of retention of title with all ancillary rights to the accepting contractor. If the client processes it with other items, the contractor is entitled to co-ownership of the new item in the ratio of the invoice value of the reserved items to the value of the remaining items.

6. Copyright: The contractor reserves ownership and copyright to cost estimates, drafts, drawings and calculations. They may not be used, reproduced or made accessible to third parties without his consent. They must be returned immediately if the order is not placed.

7. Place of jurisdiction: If both contractual partners are merchants, the exclusive place of jurisdiction is the contractor's place of business.

8. Note on dispute resolution: 
TUEREN-ART stone doors GmbH is generally not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

9. Cancellation policy
According to Section 650k S. 2 of the German Civil Code (BGB), which applies from January 1, 2018, the entrepreneur is obliged to inform the consumer about his right of withdrawal in accordance with Art. 249 § 3 EGBGB as follows:

Right of withdrawal
You have the right to cancel this contract within 14 days without giving reasons.

The cancellation period is 14 days from the day the contract is concluded. It will not begin until you have received this instruction in text form.

In order to exercise your right of withdrawal, you must contact us 

TUEREN-ART-stone-doors GmbH
Annaberg 9A
99976 Rodeberg
Tel.: +49 (0) 36026/9703-0
Fax: +49 (0) 36026/9703-99
Email: info@stone-doors.com

inform you of your decision to revoke this contract by means of a clear statement (e.g. letter, fax or email). In order to meet the cancellation period, it is sufficient that you send the declaration of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you revoke this contract, we must immediately repay you all payments we have received from you. In the event of cancellation, you must return to us all services that you received from us up to the cancellation. If the return of a service is impossible by its nature, for example if building materials used cannot be removed without destruction, you must pay compensation for the value.

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