General terms and conditions of business

General Terms and Conditions of
Carbon Heizsysteme GmbH (hereinafter: Provider)

§1 Scope and general information

(1) These General Terms and Conditions apply in their current version at the time of the order for all orders that you place with Carbon Heizsysteme GmbH. We only sell and deliver subject to the following conditions. Purchasing conditions of the buyer that conflict with these conditions are not binding for us, even if they form the basis of the order and we do not expressly object to their content.

§2 Conclusion of contract, quality

(1) The offer is made by the customer by ordering the goods. A confirmation of receipt of the order does not constitute acceptance of the contract offer and merely serves to inform you that the order has been received by the provider. The contract is only concluded when the provider issues a declaration of acceptance in writing after the customer has placed the order.
(2) The images of the products (infrared heating foil, heating panels and their accessories) in all forms of media (e.g. on the website, in the catalog, etc.) do not reflect the exact nature of the ordered goods, but serve merely as illustrative material and may vary in appearance for technical reasons. The nature of the ordered goods can be found in the product description.

§3 Offer, Prices, Packaging, Shipping

(1) Offers, information on delivery times and prices are subject to change and non-binding.
(2) Offer documents, drafts, cost estimates, etc. are the property of the user; they may not be reproduced or made directly or indirectly accessible to third parties without the consent of the provider.
(3) All prices are ex works and subject to statutory VAT.
(4) If material design costs change for reasons for which the provider is not responsible,
the provider reserves the right to
adjust the prices accordingly. They only become binding upon our written order confirmation, which you tacitly accept upon receipt.
(5) The goods delivered by us will be packaged appropriately, according to their nature. We will not accept the return of the transport packaging under any circumstances.
(6) The goods must be picked up from the seller. Delivery or dispatch to a shipping company will only take place at the buyer’s request and at his expense. Delivery will then take place immediately upon receipt of payment.
(7) The goods are generally available for collection or delivery immediately after the contract has been concluded. If, when ordering larger quantities, a sufficient quantity of the goods is not available, the manufacturer’s delivery times apply. In this case, the provider is not responsible for delays or unforeseeable delivery difficulties and is not liable for any resulting costs incurred by the buyer.

§4 Orders

(1) Orders based on plans and sketches must contain the exact quantity and size of the desired components, as without this information we cannot assume any liability for correct production and delivery.
(2) We assume no liability for rough or estimated quantity calculations by our employees based on the plans provided to us.
(3) The goods are generally available for collection or delivery immediately after the contract has been concluded. If, when ordering larger quantities, a sufficient quantity of the goods is not available, the manufacturer’s delivery times apply. In this case, the provider is not responsible for delays or unforeseeable delivery difficulties and is not liable for any resulting costs incurred by the buyer.
(4) If the ordered goods have still not been picked up after 4 weeks despite notification of collection or completion, we will charge storage costs. These are based on the usual interest rate.
(5) In the event of cancellation of the order, we will charge a flat rate of 10% of the order value in addition to the order value to cover the costs incurred by us.

§5 Notification of Defects and Warranty

(1) Our goods are thoroughly inspected before dispatch. Should a defect nevertheless occur, the usual deadlines for notifying transport damage must be observed. Furthermore, complaints will only be accepted in writing, within 8 days of receipt of the goods and before any further processing by third parties. As a rule, after we have inspected the goods and acknowledged the notification of defects, we will deliver a replacement or repair the goods. We will set new deadlines for this. We generally reserve the right to repair the goods. No warranty claims can be derived from information in catalogs, brochures, advertising material, or written or verbal statements that are not included in the contract.
(2) If the points of complaint are disputed, an expert will be commissioned to conduct the assessment. If the expert determines that the defects are due to a service provided by us, the supplier will cover the costs of the assessment. However, if the expert determines that no defects are attributable to the delivered goods, the customer will bear the expert’s costs. If the supplier is partially at fault, it will bear the costs in the same proportion.
(3) Obvious transport damage will only be recognized if the extent of the damage is noted in writing on the shipping documents upon delivery in the presence of the freight forwarder.
(4) In the case of hidden transport damage, the usual deadlines must be observed and documented accordingly. Subsequent damage cannot be verified or traced by us and will therefore not be accepted.
(5) For third-party products (commercial goods), our liability is limited to the assignment of the claims to which we are entitled against their suppliers, provided that obvious defects should not have been recognized by us.
(6) Complaints cannot generally be accepted if inferior grades (second choice) or remaining stock are purchased.
(7) All incidental costs incurred in connection with the rectification of defects (such as installation and removal, transport, disposal, travel and travel time) are borne by the buyer. For warranty work at the buyer’s premises, the necessary assistants, lifting devices, scaffolding and small materials, etc., must be provided free of charge. Replaced parts become the property of the seller.
(8) A guarantee only applies to goods delivered by the provider if this was expressly stated in the order confirmation for the respective article.
(9) Any unauthorized modifications to the goods carried out by the provider or instructed by third parties to carry out such modifications shall void the right to complain about defects.
(10) Warranty claims for delivered products after further processing can only be asserted if they have been professionally installed and if a test report signed by a specialist installer is available. If this test report, signed by a professional installer, and the recommended setup (underfloor heating: reflection, insulation/impact sound, heating foil) are available, a ten-year warranty is granted on the functionality of the product. For deviating or other setups that include Carbon Heizsysteme GmbH products, for example, exclusively a heating foil, a two-year warranty is granted on the functionality of the respective Carbon Heizsysteme GmbH product.

§6 Transfer of Risk

(1) The risk of accidental deterioration or accidental loss of the goods passes to the customer upon handover of the goods upon collection. If the goods are shipped at the customer’s request, this risk passes to the customer upon dispatch, at the latest upon departure from the goods. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.

§7 Payment

(1) The invoice is payable, unless otherwise agreed in the order confirmation, no later than 14 days after the invoice date without any deductions.
(2) If the payment deadline is exceeded (regardless of which was agreed), the customer shall be in default according to § 284 Para. 2 BGB (German Civil Code) without the need for a special reminder. From the time of default, default interest shall be charged at the rate payable by the provider’s house bank plus VAT for overdrafts, as well as all costs incurred due to payment reminders.
(3) If the buyer defaults on overdue invoices and legal collection becomes necessary, even items not yet overdue shall be deemed due and enforceable.
(4) If, after conclusion of the contract, it becomes apparent that the buyer’s creditworthiness is not suitable for granting credit, we are entitled, at our discretion, to demand advance payment or security for outstanding claims from all existing contracts and to refuse performance until advance payment or security is provided. If this demand is not met within a deadline set by us, we may, at our discretion, withdraw from the contract or demand compensation for non-performance.

§8 Retention of Title

(1) All goods and services delivered and invoiced remain the property of Carbon Heizsysteme GmbH until full payment has been made. The extended retention of title applies to all deliveries.
(2) Prior to the transfer of ownership of the reserved goods, any assignment or pledging of the claims or rights to which the provider is entitled without the provider’s consent is excluded, unless the customer demonstrates a legitimate interest in the assignment or pledging.

§9 Liability

(1) Claims for damages by the customer are excluded unless otherwise provided below. This exclusion of liability also applies to the provider’s legal representatives and vicarious agents, provided the customer asserts claims against them.
(2) Excluded from the exclusion of liability specified in paragraph 1 are claims for damages by the customer resulting from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) In the event of a breach of essential contractual obligations within the meaning of paragraph 2, the provider is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the claims for damages by the customer result from injury to life, body or health.
(4) Essential contractual obligations within the meaning of paragraph 2 are those whose fulfillment is necessary to achieve the objective of the contract and on whose fulfillment the customer can regularly rely.
(5) The provisions of the Product Liability Act remain unaffected.

§10 Customer’s Own Duties of Care

(1) The customer must install and operate the goods in accordance with the safety regulations. All electrical installations must be carried out by an electrician.
(2) Every installation must be tested and approved by a qualified electrician. The respective values ​​must be recorded in a test report and are only valid with the signature of the testing qualified electrician. Without this test report signed by a qualified electrician, the customer cannot make any warranty claims, notification of defects or guarantee claims.

§11 Right of withdrawal for the consumer

(1) If the customer is a consumer within the meaning of § 13 BGB and has concluded a contract with the provider
using exclusively means of distance communication, in particular by telephone, e-mail, fax, or via the provider’s website, they have the right of withdrawal described below: Right
of withdrawal
You can withdraw from your contract within 14 days without stating reasons in text form (e.g. letter, fax, e-mail) or – if the item is handed over to you before the deadline – by returning the item. The period begins upon receipt of this instruction in text form, but not before receipt of the
goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312g para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB (Introductory Act to the German Civil Code). To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be addressed to:

Carbon Heizsysteme GmbH
Chiemingerstr. 4
83355 Grabenstätt
Email: info@carbon-heizsysteme.de

Consequences of revocation
In the event of an effective revocation, both parties must return the services received and surrender any benefits derived (e.g. interest). If you are unable to return the received service in whole or in part, or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond testing its properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store. Items that can be sent by parcel are to be returned at our risk. You must bear the regular costs of return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or, in the case of a higher price, if you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the item; for us, it begins with our receipt of the item.
– End of cancellation policy –
(2) The right of cancellation does not apply to distance selling contracts for the delivery of goods that
are manufactured according to customer specifications or are clearly tailored to personal needs or that, due to their nature, are not suitable for return or can spoil quickly or whose expiration date would be exceeded, for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you, or for the delivery of newspapers, magazines and illustrated magazines.
(3) The customer shall bear the costs of return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 100 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of cancellation.

§12 Notes on data processing

(1) The provider is entitled to process personal data of the customer with automatic
Data processing to store, process and transmit to affiliated companies, insofar as this is necessary for the fulfillment and processing of the order. Otherwise, the statutory provisions on data protection apply.

§13 Place of performance and jurisdiction

(1) The place of performance for deliveries and payments for both parties is the location of the provider.
(2) The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship as well as for judicial debt collection proceedings is the competent court of the provider.
(3) Contracts between the provider and the customer are
subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

§14 Written form

(1) Subsidiary agreements, changes or additions to the contract must be made in writing. This also applies to any change to or cancellation of this agreement.

§15 Final provisions
(1) For us, the law of the Federal Republic of Germany applies exclusively, even with foreign buyers.
(2) The unobjectionable acceptance of the order confirmation or invoice confirms its correctness and the recognition of the above conditions.

§16 Severability Clause
(1) Should individual parts of the above provisions be invalid or incomplete, this shall not affect the validity of the remaining provisions.