TERMS AND CONDITIONS

I. General contractual provisions

1. upon acceptance of the order signed by the buyer and countersigned by the seller, the contract is concluded on the basis of the agreements set out on the front of the contract form and the following terms and conditions. There are no verbal collateral agreements.

II Prices and payments

1. the prices quoted by us are gross prices and include the applicable statutory value added tax. Offsetting is only possible with undisputed or legally established claims.

2. upon conclusion of the contract, a down payment of 30% of the purchase price is due from the buyer after signing the contract.

3. payments by the customer can be made in the following forms: Cash, collection from the Customer’s account by direct debit after the Customer has issued a direct debit authorization, payment via electronic systems (ec).
Fees charged to AVELIS GmbH & Co. KG is charged by its bank because direct debits are not honored by the bank or paying agent concerned shall be invoiced to the customer.
The employees of AVELIS GmbH & Co. KG are authorized to accept cash. They are also authorized to confirm receipt on behalf of AVELIS GmbH & Co. KG to confirm receipt.
If the delivery is carried out by a forwarding agent, the balance is to be paid in cash to the forwarding agent upon delivery or by bank transfer to the account of AVELIS GmbH & Co. KG account prior to delivery.

4. the customer shall be in default 30 days after the invoice date without a reminder in accordance with § 286 para. 3 BGB. In the event of default, the seller shall be entitled to charge default interest in accordance with § 288 BGB. In the event of late payment, the seller is also entitled to charge a reminder fee of € 5.00 per reminder and to assert further claims for damages.

III Default and refusal of performance by the buyer

1. if the buyer is in default with the fulfillment of the contract and does not perform even after the seller has set him a reasonable grace period or if the buyer finally refuses fulfillment, the seller is entitled, at his discretion, to withdraw from the contract or to demand compensation instead of fulfillment in the amount of 50% of the purchase price, provided that the goods are already in the seller’s warehouse and/or the order with the upstream supplier can no longer be canceled, in all other cases in the amount of 15% of the purchase price. The Buyer shall be entitled to prove that the Seller has not incurred any loss at all or only a significantly lower loss. The seller reserves the right to prove higher damages in individual cases.

2. if the ordered goods are not accepted after expiry of the originally agreed delivery period and if the buyer refuses to accept the goods even after expiry of the grace period of 2 weeks set by the seller, the seller shall be entitled to demand a lump sum for the costs of storing the goods in the amount of € 4.00 per m² of storage space per week or part thereof, up to a maximum of € 30.00 per week or part thereof. In this respect, too, the Buyer shall be entitled to prove that the Seller has not incurred any loss at all or only a significantly lower loss. The assertion of higher damages by the seller remains unaffected.

3. if the buyer does not accept the goods on the agreed delivery or collection date, the risk of damage or loss of the object of performance shall pass to the buyer.

IV. Withdrawal / return of goods / exchange

1. a fundamental right of withdrawal, return or exchange on the part of the buyer is excluded. Such a request by the buyer can only be complied with in individual cases in agreement with AVELIS GmbH & Co. KG by written confirmation from the latter.

V. Delivery

1. series-produced articles are sold exclusively according to the exhibition samples or catalogs used by the seller.

2. deviations in structure and color compared to the exhibit or the catalog illustrations, if necessary also to earlier deliveries, are reserved, insofar as these are in the nature of the materials used (solid woods, veneers, natural stone slabs, leather, textile products) and are customary in the trade and reasonable for the buyer. The same applies to supplementary items made of the materials mentioned. The wood designations regularly refer to the visible front surfaces. In the case of genuine leather, color shading, creases and thorn cracks are natural and customary in the trade and are therefore unavoidable.

3. unless expressly agreed otherwise, there is no entitlement to delivery of display items.

4. agreed delivery periods shall commence upon signature of the contract by the seller and buyer or upon receipt of the agreed down payment and are to be understood as indicative. The customer may not demand performance from the seller before the agreed delivery time.
If the Seller defaults on delivery, the Buyer shall set the Seller a reasonable deadline for performance or subsequent performance. When setting the deadline, any procurement times of the upstream supplier must be taken into account, in particular if it concerns furniture to be specially manufactured for the buyer. 5.

5. the seller may withdraw from this contract by means of a declaration to be sent to the buyer without delay if the object of purchase cannot be delivered by the manufacturer and another replacement procurement would only be possible with disproportionate and unreasonable effort and/or other obstacles to performance exist which were not foreseeable at the time of conclusion of the contract and which cannot be overcome by reasonable efforts on the part of the seller and for which the seller is not responsible. The Seller shall reimburse any payments made by the Buyer without delay.

If parts of the subject matter of the contract have already been delivered to the customer before the right of withdrawal is exercised, the seller is entitled to demand the corresponding amount from the customer for all damage not caused by use in accordance with the contract. If the contract between the seller and the buyer is a credit agreement within the meaning of § 1 of the Consumer Credit Act, the seller may demand the corresponding amount from the customer for damage for which the buyer is responsible.

6. disruptions in business operations for which the Seller is not responsible, in particular work stoppages and lockouts as well as cases of force majeure, which are based on an unforeseeable and non-culpable event and lead to serious operational disruptions at the Seller or its suppliers, the agreed delivery periods shall be extended by the duration of the disruptions in performance caused by these circumstances. The Seller shall immediately inform the Buyer of the expected delay in delivery and the reasons for it.

7. the seller is entitled to make partial deliveries, provided that these are in the interest of the buyer and are reasonable.

8. the place of delivery must be accessible by truck and delivery must be possible through the entrances and stairwells to the apartment using the usual means of furniture transportation. The buyer is obliged to point out deviating circumstances, in particular difficulties in delivery. If the Buyer culpably breaches this obligation, he shall reimburse the Seller for any additional costs and shall be in default of acceptance if delivery cannot be made as a result.

VI Notification of defects

1. obvious defects must be notified to the seller by the buyer within two weeks of delivery.

VII Claims for defects

1. the seller shall deliver the goods free of design, manufacturing and material defects. Claims for defects caused by natural wear and tear or improper handling by the buyer are excluded.

2. the seller may refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate cost. In this case, the buyer’s claim for subsequent performance shall be limited to the other type of subsequent performance provided for by law, unless this is also only possible at disproportionately high cost. In this case and/or if the supplementary performance has failed, the buyer may reduce the purchase price or withdraw from the contract at his discretion. Unless the nature of the item or the defect or other circumstances indicate otherwise, rectification shall be deemed to have failed after the second unsuccessful attempt. If the seller has delivered a defect-free item for the purpose of subsequent performance, he may demand the return of the defective item from the buyer. Any other rights of the buyer remain unaffected.

3. the buyer can only assert claims for damages instead of fulfillment if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the item or has caused the damage intentionally or through gross negligence. In addition, the buyer may assert claims for damages in cases of impossibility or delay for which the seller is responsible. In this respect, the seller is liable for direct and typical damages incurred by the buyer. Otherwise, the Seller shall only be liable for damages if there has been a breach of material contractual obligations or if the Buyer has suffered damage resulting from injury to life, limb or health or if the Seller, a legal representative or a vicarious agent has caused the damage intentionally or through gross negligence.

(4) If the subsequent performance to be rendered by the seller consists in remedying the defect, the buyer must give the seller the necessary time and opportunity, if reasonable also at his home.

5. in the case of the sale of standard furniture, the seller is entitled to deliver goods of the same type and quality.

VIII Retention of title

1. the goods shall remain the property of the seller until full payment of the delivered goods and all other goods of the same order, including any interest on arrears and other ancillary claims, such as reimbursement of expenses, costs of legal action, etc., has been made.
The buyer must treat the goods subject to retention of title with care at all times. The buyer is prohibited from transferring the goods delivered under retention of title to third parties. The seller must be informed immediately of any change of location and of any interference by third parties. Upon conclusion of the purchase contract, the buyer assigns to the seller the claim for restitution against third parties with regard to the goods still subject to retention of title. If replacement is provided for damage to or destruction of the delivered goods, this shall take the place of the originally transferred goods. Otherwise, the buyer shall be liable for any damage to or loss of the goods subject to retention of title.

2. in the event of seizure or other confiscation, the buyer is obliged to inform the enforcement officer of the seller’s ownership and to notify him of this within 3 days by sending a copy of the seizure protocol. The buyer shall bear the costs of preserving the seller’s property rights.

3. if the buyer culpably fails to meet his payment obligations, the seller is entitled to withdraw from the contract after the unsuccessful expiry of a reasonable grace period and to demand immediate surrender. The same shall apply if the Buyer culpably fails to fulfill the obligations arising from the retention of title, in particular his obligation to notify in accordance with the above Clause VII. 2. All costs arising from the repossession of the goods shall be borne by the Buyer.

IX. Assembly and additional work

1. the buyer must create the conditions for proper installation in his home. If the buyer has any concerns regarding the suitability of the walls for the installation of the furnishings to be hung, he must inform the seller immediately.
Recourse claims due to non-compliance are excluded, unless the seller and/or his vicarious agents are at fault.

2. the Seller’s employees are generally not obliged or authorized to carry out work that goes beyond the contractually owed delivery, installation or assembly of the goods.

3. additional work and special additional work going beyond the delivery order, such as decoration and assembly work, shall be invoiced at reasonable prices including travel time and shall be paid in cash at the latest upon acceptance. When carrying out this work and when accepting and handling accessories, the Seller’s liability shall be limited to intent or gross negligence. This shall not apply to damages resulting from injury to life, body or health.

X. Place of fulfillment and jurisdiction

In the case of delivery, the place of performance for deliveries, services and payments shall be the Buyer’s delivery address. In the case of self-collection, the place of performance for deliveries, services and payments shall be the business address of AVELIS GmbH & Co. KG in Dresden.
The place of jurisdiction is Dresden.