Contractual conditions in context of procuring interior services between:
ZWEI Design
Inh. Michael Bainbridge
Tumringer Str. 15
79595 Rümmingen
Tel: +49 176 705 343 61
and
The client
Please be advised, the following has been translated with Google Translate. Terms and conditions in German language solely apply!
General
All services provided by ZWEI Design are subject to the following terms and conditions.
- ZWEI Design is assigned to a responsible person who has decision-making power should necessary decisions or changes be made within the project.
- At the beginning of each month, starting with the 2nd month, billing is done by ZWEI Design.
- Invoices are created at the end of the month with the hours worked.
- For Private Customers: The term of payment is 14 (fourteen) calendar days from receipt of the invoice.
- For corporate clients: The term of payment is 30 (thirty) calendar days from receipt of the invoice.
- Travel expenses as well as lodgings, if necessary, are taken over by the customer.
Execution of services
- Our service comes into force after acceptance of the quote and the deposit payment is complete.
- ZWEI Design takes on an advisory function in the area of design, this excludes a building law or constructional liability or examination.
- ZWEI Design itself does not create any static calculations, but works in projects – always in the case of structural measures with structural engineers or building contractors.
- Under no circumstances is the prepared planning a works planning, this is to be made by the executing specialist planners or specialised companies under coordination of the adjacent trades, the local regulations / laws.
- ZWEI Design does not commission any craftsmen, but advises if desired in the selection, or makes non-binding suggestions. The commissioning of the craftsman’s performance for the implementation of planning takes place exclusively via the customer.
- A possible examination of the submitted works plans takes place exclusively from the point of view of design. Connections (such as electricity, gas, water, low-voltage, exhaust air) must be carried out by a specialist in accordance with the relevant local laws and standards. The connection instructions and conditions of the device manufacturer must be observed.
- Desired extra work, which is outside of the specified service, will be charged with an additional hourly wage of 85 € / hour. The same applies to unforeseen work.
Purchasing products via ZWEI Design
- Apart from defects and warranty claims, the return of good is generally excluded as all orders.
Shipments outside of the EU might be subject to an extra charge, which will be quoted separately.
Europallets and pallet frames used for the delivery will be invoiced to the client. Return of europallets and pallet frames is not accepted.
Partial delivery to client shall be permitted.
Production lead time for chairs and tables is approximately 0-8 weeks from acceptance of the purchase order. Some chairs and tables are stock items, and upon prior written acceptance these stock items can be delivered with a shorter delivery date.
Any delivery date notified or communicated to the client is solely an estimate based the manufacturer’s best knowledge, and delivery dates are therefore not binding. If a specific delivery date has been agreed in writing, delivery within 14 working days after the agreed specific delivery date shall not be considered a delay.
- Goods are delivered ex works and only upon receipt of upfront payment.
Publication
For the documentation of the project, ZWEI Design will take photos during the remodeling and design work on site and publish them on social media platforms and their website. When published, names and faces if desired remain anonymous. If this point conflicts with the confidentiality of the project or the company regulations, we ask for clarification before the start of the work.
Claims for damages, claims for defects and liability
- Contractual and legal claims for damages of the customer against ZWEI Design are excluded, as far as they are not based on intent or a grossly negligent breach of duty by ZWEI Design. Excluded from this exclusion are claims for damages for injury to life, limb or health and claims in which the requirements of § 639 BGB are met.
- ZWEI Design assumes no liability for the completeness and accuracy of the dimensions and other information provided by the customer. Nor does ZWEI Design accept any liability for damage resulting from third parties using these measurements and other information.
Liability
- The services provided by ZWEI Design are based on the requirements and the inclusion of the customer in design decisions. For errors, misunderstandings and changes that are due to incorrect or incomplete information provided by the customer, the customer is solely responsible.
- If ZWEI Design commissions third-party services on behalf of the customer and on its behalf, ZWEI Design shall not be liable for the services and work results of the commissioned service providers.
- Liability for breach of obligations and tort is limited to intent and gross negligence. As far as ZWEI Design can be accused of simple negligence, the company liability insurance amounts to 3,000,000 EUR for personal injury and 1,000,000 EUR for other damages.
Right to withdraw
In the case of incidents (such as serious illness or change of management) which result in fundamental changes to the agreed offer, both sides have the right to withdraw from the contract. All services provided by that date (day X of contract clarification) must be settled.
Severability clause
Should individual provisions of these General Terms and Conditions be invalid and / or void, the remaining conditions shall remain unaffected. The contractual parties are obliged to replace the ineffective and / or invalid provision with one that comes as close as possible to the ineffective and / or invalid provision and is effective.
Section § 306 German Civil Code
- If standard business terms in whole or in part have not become part of the contract or are ineffective, the remainder of the contract remains in effect.
- To the extent that the terms have not become part of the contract or are ineffective, the contents of the contract are determined by the statutory provisions.
- The contract is ineffective if upholding it would be an unreasonable hardship for one party.
Latest update: October 11, 2023
Contractual conditions in context of purchasing via the platform: https://zwei-design.com
between
ZWEI Design
Inh. Michael Bainbridge
Tumringer Str. 15
79595 Rümmingen
Tel: +49 176 705 343 61
– hereinafter referred to as “provider” –
and
the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer”.
§ 1 Scope
For the business relationship between the provider and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the offerer and collect these over the button into the shopping cart in a so-called shopping cart. With the button “Buy Now” he makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject line “Your ZWEI Design and receipt” by e-mail, in which the customer’s order is listed again and the customer can print out the function “Print”. The order of the customer (1) represents the offer to conclude the contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the languages: German, English.
§ 3 Delivery, product availability, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The customer can make the payment by Direct Bank Transfer, PayPal, Credit Card.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment.
§ 4 Reservation of ownership
Until the full payment of the purchase price, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the offerer, are inclusive of the valid legal value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise any right of withdrawal.
(3) In the event of a cancellation, the customer shall bear the direct costs of the return.
§ 6 Warranty for defects
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. He pays particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 9 Concluding provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
§ 10 Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Latest update: January 04, 2019 | Owner’s name and address update: February 17, 2020
