General Terms and Contitions of Business
General Terms and Conditions of Business
Fjord Hütten GmbH, Bramstedtlunder Str. 7, 25926 Bramstedtlund, Germany
1 General information
1.1 All our services, including advice, offers and ancillary services, shall be based exclusively on the following terms and conditions of sale, delivery and payment, unless they are amended with our express written consent. Conflicting terms and conditions of purchase of the buyer are hereby expressly rejected.
1.2 Our offers are subject to change for delivery and price. A contract shall be deemed to have been concluded when the signed order/offer of order/contract is sent by post, fax, electronic mail or, at the latest, when a service provided by us is made available.
2 Exclusion of liability
2.1 For all articles made of natural materials, e.g. wood (market huts/ shelters etc.) there is the possibility of changing the material due to weather influences such as humidity or dryness. It is unavoidable in the nature of the material wood to warp, deform, crack or change the fit under these influences. Fjord Hütten GmbH cannot assume any liability or warranty for this. It is also generally not possible to return the goods. By placing an order or a bid, the buyer declares that he accepts this exclusion of liability.
3 Prices and terms of payment
3.1 The prices are quoted ex Fjord Hütten GmbH headquarters plus shipping costs. Unless otherwise agreed, the prices of our written offers shall apply. Unless expressly agreed otherwise in writing, we shall be bound by all our offers for a period of 4 weeks. References to the legal value added tax (gross or net prices) can be found in the respective offers.
3.2 Our invoices are due for payment immediately upon receipt without any deduction, at auctions via the Internet as usual by advance payment. Dispatch goods will only be dispatched after receipt of payment (credit on our account).
3.3 In the event of default in payment on the part of the purchaser, we are entitled, without further proof, to charge interest in the amount of the respective base interest rate in accordance with § 288 Para. 1 Sentence 1 BGB (German Civil Code), but at least in the amount of 5 per cent above the discount rate of the Deutsche Bundesbank. We reserve the right to assert further damages caused by default.
3.4 Offsetting against counterclaims of the buyer/tenant disputed by us is not permitted. The buyer/tenant is only entitled to a right of retention insofar as it is based on the same contractual relationship.
3.5 Fjord Hütten GmbH reserves the right to terminate the contract without notice if the payment deadline is exceeded. This applies to the rental and sale of market huts, event furniture, etc. as well as to stored huts owned by the customer. Additional reminders and reminders are not obligatory for a cancellation without notice.
4 Force majeure
4.1 Events of force majeure entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract in whole or in part because of the part not yet fulfilled. Force majeure shall be deemed to include all circumstances which make delivery substantially more difficult or impossible, e.g. trade policy or other sovereign measures, strikes, lock-outs, operational disruptions, poor weather forecasts and obstructions of traffic routes, irrespective of whether these circumstances occur at our premises or at those of a subcontractor. The buyer/tenant can demand a declaration from us as to whether we withdraw from the contract or deliver within a reasonable period of time. If we do not make such a declaration, the buyer/tenant may withdraw from the contract.
5 Applicable Law, Place of Performance, Place of Jurisdiction
5.1 The law of the Federal Republic of Germany shall apply to these business relationships and the entire legal relationship between the parties. The application of the uniform international sales law of the Hague Convention on the International Sale of Goods is expressly excluded.
5.2 The place of performance for all obligations arising from the contract is 25926 Bramstedtlund.
5.3 Should individual provisions of these sales, delivery and payment provisions be invalid in whole or in part, the remaining provisions shall remain in full force and effect.
Additional Terms and Conditions for the Rental of Rental Goods
6 Obligations of the lessee, liability of the lessee
6.1 The lessee is obliged to accept the contractually agreed rental object and to pay the agreed rent.
6.2 If the handover of the rented item is postponed for reasons for which the lessee is responsible, the lessor shall be entitled to invoice the costs of the loss. In the event of subsequent changes to the information required for the rental agreement, the lessee shall bear all costs arising therefrom.6.3 The lessee shall ensure that the lorries used to transport the rented items reach and leave the installation site without risk and that the lessor can begin assembly at the times agreed in the rental agreement.
6.4 The Lessee shall assign the Lessor the exact parking space at the latest upon arrival of the Lessor at the installation site. Should it turn out after the start of the assembly work that a rented item has to be moved, the lessee shall bear the additional costs incurred, even if he is not responsible for the transfer. The lessee must obtain the necessary official permits for the use of the rental object, in particular for parking spaces, road and pavement barriers, in good time.
6.5 The lessee must also take all necessary protective and safety measures. The lessee shall be liable for all damage arising from the failure to secure the extended work area. Furthermore, the lessee undertakes to immediately remove any dirt caused by the use of the leased object, in particular from roads, pavements, parts of buildings and sewers, at his own expense and to indemnify the lessor against third-party claims.
6.6 The lessee is obliged to treat the rental object with care, to ventilate and heat it sufficiently if necessary, and to keep it free of vermin. He must secure the rental object in accordance with the weather.
6.7 The lessee shall be liable for damage caused by him culpably by breach of his duties of care and diligence, by devices operated by him (e.g. electrical devices), by his vicarious agents, his subtenants or by persons who are present in the rental object with the knowledge and will of the lessee. The lessee must prove that there was no such fault if it is established that the cause of the damage lies within the spatially subject-matter delimited by the use of the rental object.
6.8 The lessee shall be liable for damages which are ascertained during dismantling of the rental object, unless the lessee proves that the damage already existed when the market hut/stand was set up. The lessee is also liable for consequential damages, in particular loss of rental income, resulting from the fact that the sales stand cannot be re-let or cannot be re-let immediately due to damage for which the lessee is responsible.
6.9 If the wind force is 8 Bft or higher, the flaps and doors of the huts must be kept closed and locked so that the hut is protected from damage.
7 Maintenance, structural alterations, outdoor advertising and decoration
7.1 The lessee may not make any structural changes to the rented items.
7.2 The costs for maintenance and repair of the rented items shall be borne by the lessee if the corresponding measures are caused by the use of the rented items. However, this shall not apply to repair costs incurred as a result of damage for which the Lessor may claim insurance benefits.
7.3 After termination of the rental agreement, the lessee shall remove any advertising and decoration equipment installed by him without leaving any residue and restore the original condition at his own expense.
7.4 The lessee is not entitled to change the colour of the rental object by painting it with paints or varnishes.
8 Information from the Lessor, Liability of the Lessor
8.1 Our wooden huts are erected in accordance with the section of the building regulations on "temporary structures" without static proof. In the case of uninterrupted use of our cabins for more than 5 months or in the case of use of our walk-in cabins by the public, the local construction supervisor may, under certain circumstances, require static proof. We will provide this upon request, whereby the costs are to be borne by the client. Due to the variety of our products, general type statics cannot be presented economically.
8.2 The market huts may not be weatherproof in very bad weather conditions (squalls, heavy rain, heavy snowfall). Under such circumstances, moisture penetration cannot be ruled out. The landlord is not liable for weather-related damage to the tenant's items on the stand.
8.3 The market huts are not burglar-proof. The landlord is not liable for damage caused to the tenant by deliberate damage by third parties or use.
9.1 The lessor shall make the rental object available to the lessee without restriction during the rental periods agreed above. The lessor does not guarantee that the rental object is suitable for the purpose intended by the lessee. The lessee must obtain all official permits that may be required and comply with the relevant laws and regulations, in particular if the stand is to be used for the sale and serving of food.
10 Obligation to ensure safety on the road
10.1 The lessee shall be responsible for ensuring the safety of his rented area in accordance with the statutory provisions. In this respect, the lessee shall indemnify the lessor against claims by third parties.
11 Fire protection regulations
11.1 All general technical and official regulations, in particular those of the building supervisory authority and fire police, must be observed.
11.2 In the event of a fire or explosion of any kind whatsoever, the Lessor must be notified immediately.
12 Exclusion of liability for the effects of third parties
12.1 External influences by third parties, such as traffic diversions, excavations, road closures, noise, odour and dust nuisances, etc. - irrespective of their extent - do not justify any claims by the lessee if such influences are not the responsibility of the lessor.
13.1 If the tenancy is limited in time, the contract can only be terminated if there is a reason for extraordinary termination. Such a reason exists if the lessee is in arrears with the rental payment or with a not inconsiderable part of these payments.
13.2 An implicit extension of the contract in the sense of §545 BGB is excluded, i.e., a mere continuation of use after the end of the contract does not constitute a continuation of the rental relationship.
Additional conditions for the sale of market huts, event furniture and other items manufactured by us
14 Retention of title
14.1 All delivered goods shall remain the property (reserved goods) of Fjord Hütten GmbH until all claims, irrespective of their legal basis, have been settled, including any future contracts or contracts concluded at a later date.
15 Transfer of Risk
15.1 The risk shall pass to the buyer upon transfer of the goods to a forwarding agent or carrier, at the latest upon leaving our company headquarters or the external warehouse.
16.1 We shall be liable as follows for defects which also include the absence of warranted characteristics:
16.1.1 The decisive factor for the contractual condition of the goods is the time of handover to the forwarding agent or carrier (customer). The delivered goods must be inspected immediately. Defects - including the absence of warranted characteristics - must be reported in writing immediately after discovery. Obvious defects can only be notified within a period of three days after receipt of the goods.
16.1.2 In the event of justified, immediate notification of defects, we shall take back defective goods and services and deliver goods and goods customary in the trade in their place. In the case of repair work, it must be agreed in writing who will bear the costs of the repairs, services and deliveries.
16.1.3 If the Buyer does not immediately give us the opportunity to convince ourselves of the defect, in particular if he does not immediately make the goods or sample complained of available on request, all claims based on defects shall lapse.
16.1.4 In addition to the previously regulated warranty claims, further claims are excluded; this applies in particular to claims for compensation for damage not caused to the goods themselves (consequential damage).
17 Limitation of liability
17.1 Claims for damages against Fjord Hütten GmbH arising from impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded. Unless we have acted with intent or gross negligence (e.g. services which have been demonstrably provided by the purchaser for execution as they are then executed), we shall not assume any liability whatsoever.
Distance Selling Act
Note: The Distance Selling Act has applied since 30.06.2000 to all sales of goods or services to private individuals for contracts by letter, telephone, fax, Internet or e-mail, if the customer is not personally present. In particular, a private individual is to be granted more protection against unsolicited goods through a right of revocation and the private credit card holder more protection against possible misuse of his data by third parties. The Distance Selling Act as well as the following information shall apply in addition to our General Terms and Conditions (GTC) for transactions with private individuals.
Instructions according to the Distance Selling Act (FernAG)
Right of return
In accordance with the Distance Selling Act, consumers can return all articles without giving reasons within 14 days of receipt, free of charge and risk. With the return the sales contract becomes void. If the return by mail is not possible, it is sufficient to send the return request within this period on a durable data carrier.
We bear the costs of the return if the order value of the returned goods exceeds 40.00 euros. Payments already made will be refunded to the customer within 30 days of receipt of the return or the return request. Excluded from the right of return are goods which have been manufactured according to customer specifications, as well as special orders. A return is also excluded by reason of the possible changes described in our AGB´s market stalls, market huts, etc. which were made of wood (throwing, cracks, warping of the goods). If the goods are culpably destroyed, damaged or reduced in value through use by the customer or a person attributable to him, the customer must replace the value of the goods or the depreciation.
Prices and shipping costs
Prices can be found in the respective offer description.
You expressly agree to the storage, processing and use of the data provided to us in the course of the ordering process for contractual purposes and on the basis of the data protection provisions.
Retention of title
The delivered goods shall remain our property until all claims against you have been settled in full.