Our General Terms and Conditions
79189 Bad Krozingen - Germany
Telefon +49 07633 923 75 00
Fax +049 07633 933 33 52
Umsatzsteuer ID (Tax ID number): DE174293200
§ 1 General - Scope
1. For all business relationships between floorplan-designer.com and the client, only the following terms in their relevant version at the time of order apply. Other conditions are not recognized unless their validity is expressly agreed in writing. 2. In the sense of these terms and conditions customers are: a) consumers: all individuals, which can be attributed to that business relationship, without a commercial or independent professional activity can be attributed to and without their commercial or independent professional activity for this transaction can be attributed to . b) Entrepreneurs: natural or legal persons, or legal proprietorship companies with which the business relationship will be established, and who are acting in their commercial or independent professional activity.
§ 2 Conclusion of Contract
1. Our on the web site www.floorplan-designer.com displayed offer is non-binding and subject to change. Reasonable technical or other changes to individual goods and services remain reserved. Our presentation of goods and services on the Internet is a non-binding request to the customer, to order.
2. By ordering the desired product or service the customer expresses to us a binding contract offer. We confirm to the customer the receipt of the order immediately. If with the confirmation of the order a binding acceptance thereof is not explicitly stated, this confirmation is yet no explanation of the acceptance of the order. The receipt of a telephone order is also no binding acceptance of the order from our side.
3. We are entitled to accept the present contract offer within 7 days. For electronically ordered goods or services, we are entitled to accept the order within three business days after receipt by us. In certain cases, we reserve the right to refuse acceptance of the order.
4. Delivered goods or data remain property of the vendor until complete payment.
§ 3 Essential characteristics
1. floorplan-designer.com revises images from the area of real estate. These images will be reviewed according to visual criteria and therefore in no way serve as a true scale or engineering like precision drawings.
2. Digitally edited images will be transferred to the customer area of the client database, which previously by the contracting customer have been uploaded as digital image in the customer section, or were sent via fax or email to the contractor. To do so the client first has to open a customerís account in the database of the contractor. In this customer's account, he truthfully has to specify the information on his person. The customer's account is always free of costs. The size of the image data floorplan-designer.com accepts for editing is limited: With floor plans on a basic format of a maximum of 290x 200 mm on a scale of 1 / 100 and at other drawings to the size of 290 x 200 mm in any scale. The file size must not exceed 1 MB.
3. Apartment layouts will be calculated per concluded housing unit per floor. Apartments will get complementary furnishing by the contractor. The contracting party is responsible for delivery of image data in a well-readable and actual condition. Out of technical reasons floorplan-designer.com can not guarantee for exact transfer of color nuances.
4. The prices for individual services are clearly and understandable given to the customer in price lists, as well as customer portal, in awarding contracts and then via e-mail. A cancellation of the contract awarded is possible as long as the "Cancel" button next to the job in the customer area is visible.
§ 4 Revocation
1. There is no restitution or right of withdrawal, since the goods are manufactured to customer specification. We herewith refer to the Civil Code.
§ 5 Compensation
1. If the customer is a consumer with residence at the European Community, it is understood that the offered price is including VAT (gross) in the applicable statutory amount. If the customer is not a consumer but with residence at the European Community and gave it`s European VAT-ID to us, the prices will be shown and charged without German VAT. If the customer has its residence outside the Eurpean Community, the price will be charged without German VAT anyway. The customer can pay the amount in advance (money transfer) or via transfer services. floorplan-designer.com can, particularly when First-Order-customer, ask for advance payment. This will clearly be displayed to the originator of the order.
2. If the customer is a consumer, he gets by default without any further warning if the invoice is not paid within 30 days from receipt. During the delay, the consumer liable to pay interest on late payments at least equal to the statutory default interest rate of 5% pa above the base interest rate, and possibly beyond emergent delay damages. Is the customer entrepreneur, during the delay he is liable to pay interest on late payments at least equal to the statutory default interest rate of 8% pa above the base interest rate. Against entrepreneurs, we reserve the assertion of a higher accounted interest rate or an additional damage for delay.
3. The customer's right to set off does not exist, unless the claim is undisputed or legally established in court. A lien can only be claimed if it is on the same contractual base.
§ 6 Transfer of risk
1. For consumers, the risk of random and accidental destruction and accidental deterioration of the product sold well also at sale with shipment with the delivery of the goods to the consumer.
2. For entrepreneurs, the risk of random and accidental destruction or deterioration of the goods will go to the entrepreneur with the handover. For sale with shipment the risk will go to the entrepreneur with the delivery of the goods to the shipper, the carrier or otherwise to execute the dispatch specified person or institution.
3. The same holds if the customer is in default with the acceptance.
§ 7 Guarantee
1. Customers who are consumers have the choice whether the remedy should be by repair or replacement. We are entitled to reject the kind of supplementary performance to be elected, if they are only possible with disproportionate costs and the other kind of supplementary performance remains without significant disadvantages for the consumer. For entrepreneurs, we render in first instance for defects in the product guarantee by repair or replacement at our own choice.
2. If the subsequent performance fails, the customer can basically and according his choice demand reduction of remuneration (reduction) or cancellation of the contract (resignation) and claim damages. With only minor defects, the customer has no right of rescission. In case of damages the provisions of Section 8 of these Terms shall be complementary:
3. Entrepreneurs have to check the goods delivered promptly for discrepancies in quality and quantity and notify us in writing about apparent deficiencies within a period of one week from receipt of the goods, or else the assertion of guarantee is excluded. Hidden defects must be notified to us in writing within a period of one week from discovery. To meet the deadline, timely mailing shall suffice. The entrepreneur must take the full burden of proof for all conditions of entitlement, especially for the defect itself, the date of the determination of the defect and the timeliness of the complaint.
4. For consumers, the warranty period is two years from delivery of the goods, for entrepreneurs, the warranty period one year from delivery of the goods.
5. We give to our customers no guarantees in the legal sense. Manufacturers' guarantees remain unaffected.
§ 8 Liability
1. For damages to life, physical and health we are liable under the law. For other damage to the customer is our liability, as well as the liability of our agents, if a further liability not covered by other legislation, restricted to intent and gross negligence. For material assets and property damages caused by ordinary negligence of the seller or the aforementioned persons, the seller is liable only if he violated a cardinal requirement, and the extent of the damage was typically predictable.
2. We are responsible for own content on the website of our online store. As far as we enable access to other Web sites with links we are not responsible for the strange contents contained therein. We are not content to foreign ownership. In case we receive notice of illegal content on external Web sites, we will lock access to these sites immediately.
§ 9 Privacy
1. floorplan-designer.com respects the privacy of users and strictly keeps all applicable data protection regulations. Any personal data collected from the purchaser will be kept strictly confidential.
2. For execution of the contract necessary data will be stored manually or electronically and processed, as required for the execution and implementation of the purchase. The seller reserves the right to send personal data of the customer to credit agencies, as required for the purpose of a credit check. The seller has no permission for data collection, transmission and / or other personal customer data other than those specified purposes in clause 2.
3. floorplan-designer.com will not forward personal user data to third parties without the explicit consent of the member. This does not apply when floorplan-designer.com is legally beholden to release data.
§ 10 Final Provisions
1. The law of the Federal Republic of Germany is applicable.
2. If the customer is not a private consumer residing in Germany, exclusive jurisdiction for all disputes arising from this contract Freiburg in Breisgau (Germany).