1. Scope
The following general terms and conditions of sale, delivery and repair (hereinafter referred to as GTC) apply to contracts between
Wall Rapture Germany GmbH
Hoyerswerdaer Straße 42
02625 Bautzen
Telephone: 03591 593 550
Mail: info@wall-rapture.de
(hereinafter referred to as Wall Rapture-GmbH) and its customers (consumers and entrepreneurs).
Any customer conditions that conflict with or deviate from or supplement these GTC will not be recognized.
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity, Section 13 of the German Civil Code (BGB).
Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction, Section 14 of the German Civil Code (BGB).
2. General terms and conditions of sale and delivery
1. Conclusion of contract
1.1 Customer orders from Wall Rapture-GmbH merely represent an offer to Wall Rapture-GmbH to conclude a contract. The order confirmation does not constitute acceptance of the contract by Wall Rapture-GmbH.
1.2 Offers to companies are generally subject to change.
1.3 Acceptance is made by Wall Rapture-GmbH with a separate order confirmation or with delivery of the goods.
2. Delivery
2.1 Wall Rapture-GmbH delivers from stock to the address specified by the customer worldwide. If the customer is an entrepreneur, the risk is transferred to the customer when the goods are handed over to the carrier or when they are picked up by the customer, when they are ready for dispatch.
3. Prices, payment terms and retention of title
3.1 All prices are net and in euros plus statutory VAT and plus packaging and shipping costs. Different prices are listed separately.
3.2 Payments are due immediately and without deductions upon receipt of the invoice, unless otherwise agreed or different payment periods are stated on the invoice.
3.3 The delivered goods remain the property of Wall Rapture-GmbH until full payment has been made (hereinafter: reserved goods).
3.4 All payments are made exclusively by bank transfer to the following bank details:
Wall Rapture Germany GmbH
Kreissparkasse Bautzen
IBAN: DE51 8555 0000 1002 0302 57
BIC: SOLA DES1 BAT
3.5 We reserve the right to request advance or immediate payment in special cases, even if a different payment deadline was previously agreed. If the agreed payment date is exceeded, default interest will be charged, subject to the assertion of other rights in accordance with Section 286 of the German Civil Code. Only persons with our power of attorney are authorized to collect the payment.
If the customer is an entrepreneur, the following also applies:
- The delivered goods remain the property of Wall Rapture-GmbH until all claims to which Wall Rapture-GmbH is entitled against the customer have been fulfilled, even if the individual goods have been paid for.
- The business customer is authorized to resell the reserved goods to third parties in the normal course of business if it is ensured that payment is made to Wall Rapture-GmbH and that ownership is only transferred to the third party when the third party has fulfilled its payment obligations.
- The business customer can, for his part, resell subject to retention of title without the reserved ownership being transferred to the third party.
- The business customer may not pledge the reserved goods or transfer them as security without the consent of Wall Rapture-GmbH. Any processing or transformation of the reserved goods by the business customer takes place exclusively in the name and in the interest of Wall Rapture-GmbH. In the event of seizures, confiscations or other dispositions or interventions by third parties, the business customer must notify Wall Rapture-GmbH immediately.
- The business customer hereby assigns his claims from the resale of the reserved goods, including all ancillary rights, in full in advance to Wall Rapture-GmbH as security, which accepts this assignment. Until revoked and as long as the business customer is not in default, the business customer is entitled to collect the claims assigned to Wall Rapture-GmbH himself; however, he is not entitled to dispose of them in any other way, e.g. by assignment.
- At the request of Wall Rapture-GmbH, the business customer must inform the relevant customer of the assignment of claims and hand over to Wall Rapture-GmbH the documents required to assert its rights against the customer, e.g. invoices, and provide the necessary information. Wall Rapture-GmbH will release the securities to which it is entitled at the customer’s request at Lemme’s discretion, provided that their value exceeds the claims to be secured by more than 20%.
4. Warranty and notification of defects
4.1. The statutory warranty regulations apply.
4.2. If the customer is an entrepreneur, his warranty rights presuppose that he has properly fulfilled his inspection and notification obligations under Section 377 of the German Commercial Code (HGB). Any defects that are apparent upon delivery must be reported to the transport company; the transport company must arrange for the defects to be recorded. Notifications of defects must contain an appropriately detailed description of the defect.
4.3. Claims for defects by the customer who is an entrepreneur expire one year after delivery.
5. Liability
Claims for damages by the customer are excluded. This does not apply if Wall Rapture-GmbH is liable under mandatory legal provisions (e.g. product liability law), in the event of intent, gross negligence, injury to life, body or health or due to the violation of essential contractual obligations, i.e. obligations that Wall Rapture-GmbH is obliged to grant to the customer according to the content and purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely. A claim for damages due to a slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical of the contract.
3. General repair and assembly conditions
The regulations under III. of these general terms and conditions apply accordingly if no different agreement has been made below. The conditions do not apply if repairs are carried out as part of the contractual partner’s claims for defects.
1. Costs
1.1 If the expected price of the services is not specified when the contract is concluded, the customer can set cost limits.
1.2 Binding cost estimates are only prepared upon express request by the customer.
1.3 A cost estimate requested by the contractual partner is only binding if we provide it in writing and declare it to be binding. The contractual partner will be charged for the services required to provide the cost estimate if the repair is not carried out or if they cannot be used when the repair is carried out.
1.4 If it becomes apparent during the repair that the expected costs of the repair exceed the non-binding estimated costs and are not economically justifiable in relation to the current value of the item to be repaired, we will inform the contractual partner of this immediately. The same applies to defects that we only discover during the repair and that were not previously included in the scope of the repair order.
1.5 After a repair has been aborted for reasons beyond our control, the item will only be returned to its original condition at the express request of the contractual partner and against reimbursement of the costs incurred.
1.6 When calculating the repair, the prices for parts, materials and special services used as well as the prices for the work, travel and transport costs must be shown separately. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, whereby only deviations in the scope of services need to be listed separately.
2. Termination
If the customer terminates the contract, he must pay for the work and costs incurred up to that point, including the expenses for ordered and already procured spare parts.
3. Payments
Payments are due immediately after acceptance and without deduction. Wall Rapture-GmbH can request an appropriate advance payment when the order is placed.
4. Obligation to cooperate
4.1 The customer is obliged to ensure appropriate working conditions and safety at the location of the repair or assembly.
4.2 The customer is obliged to provide the necessary energy including the necessary connections at his own expense. He must provide all materials and operating supplies and carry out all other actions that are necessary for testing.
4.3 If the customer fails to meet his obligations, Wall Rapture-GmbH is entitled, but not obliged, to carry out the actions in his place and at his expense.
4.4 The customer’s legal rights and claims remain unaffected.
5. Deadline for carrying out the repair or assembly
5.1 The information provided by Wall Rapture-GmbH on repair or assembly deadlines is based on estimates and is non-binding.
5.2 In cases of unforeseeable operational disruptions (e.g. work stoppages, difficulties in procuring spare parts, delays in delivery or performance by suppliers) as well as in the event of official interventions, force majeure and industrial disputes, binding deadlines are also extended accordingly.
6. Acceptance of the repair or assembly, acceptance by the customer
6.1 The customer is obliged to accept the work as soon as he has been informed that it has been completed. Acceptance cannot be refused due to minor defects.
6.2 If the customer is late with the acceptance, acceptance is deemed to have taken place after twelve working days have passed since the completion has been notified. If the customer has started using the system without acceptance, acceptance is deemed to have taken place after six working days have passed since the start of use. In these cases, the customer must assert reservations due to identifiable defects by the dates mentioned above at the latest.
7. extended lien
Wall Rapture-GmbH is entitled to a lien on the repair or assembly item that came into its possession as a result of the contract due to its claims from the work contract. The lien can also be asserted due to claims from work carried out previously, deliveries of spare parts and other services, insofar as they are related to the object of the order. The lien only applies to other claims arising from the business relationship if these claims are undisputed or have been legally established.
8. Warranty
The customer must immediately inform Wall Rapture-GmbH of any defect in the repair or assembly. If the customer has carried out repair or assembly work improperly himself or had it carried out by a third party without the consent of Wall Rapture-GmbH, Wall Rapture-GmbH shall not be liable for this work. The same applies if, at the customer’s request, parts requiring replacement are not replaced.
9. Place of performance and jurisdiction
The place of performance and jurisdiction is agreed to be the registered office of our company. In the event of disputes with foreign customers, the exclusive application of the law applicable in the Federal Republic of Germany is agreed.
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.