General Terms and Conditions (GTC)

of Volker Weiss e.K., hereinafter referred to as VW Outdoor, governing the manufacture and sale of goods and the provision of services.

 

I   General Terms and Conditions applicable to consumers, business owners and traders

  1. Scope of application

The following GTC apply to all legal transactions of VW Outdoor relating to the manufacture and sale of goods and the provision of services, provided that their inclusion has been agreed. Individual agreements shall always take precedence within their scope of application. The same applies to warranty declarations.

  1. Applicable law

Within its scope of application, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Directly applicable law of the European Community remains unaffected. The principles of case law regarding the interpretation of European Union directives in accordance with the directives also remain unaffected.

  1. Conclusion of Contract

Offers of goods and services or work performed by VW Outdoor on its website and in promotional materials merely constitute an invitation to the customer to submit an offer. VW Outdoor is free to accept or reject offers from the customer within 10 days.

  1. Agreements on Quality

Mass-produced items are sold in accordance with a sample or illustration. We reserve the right to allow for customary and reasonable variations in colour and grain in natural (including hot-dip galvanised) finishes. Knots, whorls, resin pockets and dry cracks in solid wood or laminated timber are natural occurrences and do not constitute grounds for a complaint.

If goods are manufactured on the basis of a prototype approved by the customer, the goods shall be deemed to conform to the agreed specifications in terms of their design and technical characteristics if they exhibit the same characteristics as the prototype.

If, for advertising purposes during the contract negotiation stage, VW Outdoor carries out a simulation of the characteristics and functionality of a sun sail, and an order is placed on the basis of such a simulation, deviations in dimensions and orientation of up to 15 cm shall not constitute a defect. This does not affect VW Outdoor’s obligation to provide a service of average standard and quality in accordance with the rules of the art.

  1. Modification of the service after conclusion of the contract

VW Outdoor is entitled to make technical modifications if, after conclusion of the contract, the state of the art changes and the product would no longer meet the standard of average quality and standard without such modification, or if technical modifications become legally mandatory after conclusion of the contract.

  1. Right of withdrawal

VW Outdoor is entitled to withdraw from the contract

  • if the upstream supplier ceases production of the goods or components thereof, and this was not foreseeable at the time the contract was concluded and is not otherwise attributable to VW Outdoor;
  • if VW Outdoor is prevented from performing the contract due to force majeure;
  • if the customer has made the statutory declaration pursuant to Section 807 of the German Code of Civil Procedure (ZPO), proceedings to open insolvency proceedings in respect of the customer’s assets are pending, insolvency proceedings in respect of the customer’s assets are opened, or a fruitless attempt at enforcement against the customer’s assets has been made;
  • if the customer has culpably breached their contractual duty of care with regard to the goods delivered subject to retention of title.
  1. Retention of Title

All goods remain the property of VW Outdoor until full payment has been made.

The customer is obliged to inform VW Outdoor immediately if a creditor of the customer initiates enforcement proceedings against the goods delivered subject to retention of title. In such cases, the customer must provide VW Outdoor with the name or company name of the creditor and their address for service.

  1. Prohibition on Set-off

The customer is only entitled to set off counter-claims if these are undisputed, have been legally established and are ready for a decision.

  1. Protection of Works

Drawings and designs of commissioned works produced by VW Outdoor remain the property of VW Outdoor. The customer is prohibited from reproducing works produced by VW Outdoor or from commissioning third parties to reproduce them. This does not apply if the work was produced in accordance with the customer’s plans and specifications.

 

II   General Terms and Conditions Applicable to Business Customers Only

For business customers within the meaning of Section 14 of the German Civil Code (BGB), the following applies in addition to the provisions set out in Section I above:

  1. Applicability of the VOB/B

If the subject matter of the contract is a work-based service and the customer is engaged in business activities in the field of construction law, all provisions of the VOB/B in the version applicable at the time the contract is concluded shall apply; within their material scope of application, these provisions shall take precedence over statutory provisions and shall be subordinate to any deviating provisions in these General Terms and Conditions. Individual agreements shall always take precedence.

  1. Claims for defects and damages

In the event of injury to life, limb or health; in cases of gross negligence, wilful misconduct or fraud; in cases of tortious liability; and in respect of items which have been used in a building in accordance with their normal intended use and which have caused its defectiveness, the statutory provisions shall apply without restriction, unless otherwise provided for by the VOB/B. If none of the above scenarios applies, the following shall apply:

Claims arising from a defect are limited to rectification, a reduction in price and rescission. Claims for damages are excluded, unless rescission is not an option for practical reasons. In such a case, claims for damages shall remain valid to the extent provided for by law, unless otherwise specified below.

The limitation period for claims for defects governed by Section 437(1) and (3) of the German Civil Code (BGB) in respect of the purchase of movable goods is one year from receipt of the goods, unless a case under Section 438(1)(1) or (2) of the BGB applies.

In the case of contracts of sale relating to the aforementioned goods, the limitation period for the claims referred to in Section 437(2) of the German Civil Code (BGB) is two years from receipt of the goods, unless a case under Section 438(1)(1) or (2) of the BGB applies.

Claims for damages arising from simple negligence on the part of a vicarious agent of VW Outdoor are excluded, provided that VW Outdoor is itself at fault and the vicarious agent has not breached any duty whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may reasonably rely.

Claims for damages are limited to the loss typically incurred in transactions of this kind.

 

III   General Terms and Conditions/Agreement on the Place of Jurisdiction applicable to traders, legal entities under public law or special funds under public law

If the customer is a trader, a legal entity governed by public law or a special fund governed by public law, the place of jurisdiction for all disputes arising from contracts to which these General Terms and Conditions apply shall be Krefeld, provided that VW Outdoor remains entitled to bring legal proceedings against the customer at the customer’s registered office.