Terms and Conditions

These Terms and Conditions apply to all current and future business relationships.

Consumers, as defined in these Terms and Conditions, are natural persons with whom a business relationship is established, provided that such persons are not engaged in a commercial or self-employed professional activity.

“Businesses” as defined in these Terms and Conditions are natural persons, legal entities, or partnerships with legal capacity with whom a business relationship is established and who act in the course of a commercial or self-employed professional activity.

“Customer,” as defined in these Terms and Conditions, refers to both consumers and entrepreneurs.

Any deviating, conflicting, or supplementary general terms and conditions shall not become part of this contract, even if known, unless their validity is expressly agreed to in writing.

Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, color, and/or weight within reasonable limits. The information, drawings, illustrations, technical data, and descriptions of weight, dimensions, and performance contained in brochures, catalogs, price lists, and similar materials are non-binding unless we expressly designate them as binding.

By placing an order for goods, the customer makes a binding declaration of intent to purchase the ordered goods.

Orders cannot be canceled 3 days after they are received. Orders that have already been accepted cannot be canceled under any circumstances.

If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order.

The confirmation of receipt may be combined with the declaration of acceptance.

The conclusion of the contract is subject to the condition that our suppliers deliver the goods to us correctly and on time. This applies only if we are not responsible for the non-delivery, in particular when we have entered into a corresponding hedging transaction with our supplier.

The customer will be notified immediately of the unavailability of the service. The payment will be refunded immediately.

If the consumer orders the goods electronically, we will store the contract text and, upon request, send it to the customer by email along with these Terms and Conditions.

For contracts with consumers, we reserve title to the goods until the purchase price has been paid in full.
For contracts with businesses, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

The customer is obligated to handle the goods with care. If care or maintenance measures are necessary, the customer must carry them out in a timely manner at their own expense.
The customer is obligated to notify us immediately of any third-party access to the goods—such as in the event of a seizure—as well as of any damage to or destruction of the goods. The customer must also notify us immediately of any change in ownership of the goods or a change in the customer’s place of residence.
We are entitled to withdraw from the contract and demand the return of the goods in the event of conduct by the customer in breach of the contract, in particular in the event of default in payment or a breach of an obligation under Sections 3 and 4 of these terms and conditions.
The business is entitled to resell the goods in the ordinary course of business. The business hereby assigns to us all claims in the amount of the invoice total that arise from the resale to a third party. We accept the assignment. Following the assignment, the contractor is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the contractor fails to properly meet its payment obligations and falls into default.
The contractor’s processing and treatment of the goods shall always be carried out in our name and on our behalf.
The contractor shall indemnify us against all claims for damages by third parties, whether of a contractual or statutory nature, arising in the course of processing the goods. If the goods are processed with items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the goods we delivered relative to the value of the other processed items. The same applies if the goods are mixed with other items that do not belong to us.

When entering into contracts within the meaning of Section 312 of the German Civil Code (BGB), the consumer has the right to return the goods within 2 weeks of the conclusion of the contract.
Custom-made items are excluded from this right. The right of return may be exercised only by returning the goods or, if the goods cannot be shipped as a package, by requesting their return; timely shipment is sufficient to meet the deadline.

The consumer or business is responsible for the cost of returning the goods, unless the delivered goods do not match the goods ordered. In that case, we will arrange for the return.
The consumer must compensate us for any deterioration in the goods resulting from their use in accordance with their intended purpose. The consumer may inspect the goods carefully and with due diligence. The consumer is responsible for any loss in value resulting from use beyond mere inspection that renders the goods unsuitable for resale as “new.”

The customer will not incur any additional costs when placing an order using means of distance communication.
The customer may pay the purchase price by cash on delivery, invoice, direct debit, or cash payment.
The customer agrees to pay the purchase price within 30 days of receiving the goods. Upon expiration of this period, the customer will be in default of payment.
The customer has a right of set-off only if their counterclaims have been legally established or acknowledged by us.
The customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.
Payment must be made net within 30 days. For longer payment terms, we are entitled to charge interest at the standard bank rate.

Credits from bills of exchange and checks are subject to receipt, less any expenses, and are credited on the date we have access to the corresponding funds.
The following provisions apply to contracts with business customers:
a) Unless otherwise agreed, our prices are based on the currently valid price list and are quoted ex works, plus value-added tax.
b) For orders with a merchandise value of up to €150.00, we must charge for shipping and packaging.
c) For custom-made products, the quote will specify whether the quoted price includes shipping costs or not.

d) Repairs and restorations are generally shipped ex works, with shipping costs payable by the recipient.
e) We will invoice any additional costs for expedited shipping and express fees.
For contracts with consumers, the provisions of the Price Indication Regulation and the
Information Obligations Regulation apply. For mail-order purchases, the purchase price communicated to the consumer is plus a flat-rate shipping fee of €30.00 per 30 kg of shipping weight.

If the buyer is a business entity, the risk of accidental loss and accidental deterioration of the goods
passes to the buyer upon delivery, or, in the case of a sale by shipment, upon delivery of the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration
of the sold item passes to the buyer only upon delivery of the item, even in the case of a sale by mail order.
Delivery is deemed to have taken place if the buyer is in default of acceptance.
Unless otherwise specified, the choice of route and mode of transportation is made at our discretion.

Insurance against damage during transport will be purchased only at the express request of the customer and at the customer’s expense.

We do not accept returns of packaging. We do accept packaging from returns shipped to us at our expense.
Damage incurred during shipping must be reported immediately to the carrier (postal service, rail, or private carrier) for the purpose of claims settlement; otherwise, settlement cannot necessarily be guaranteed.
Returns must generally be sent back with shipping prepaid. Exceptions are complaints recognized by us
.

Delivery times and dates are always approximate. They are based on the time of shipment and are considered met once the order is reported as ready for shipment.

Under no circumstances may an order be canceled due to failure to meet the delivery deadline.
Cases of force majeure and other disruptive events, such as operational disruptions of any kind,
difficulties in procuring materials or energy, transportation delays, incorrect or
non-delivery by our suppliers, release us from our delivery obligations; however, in the case of temporary impediments, this release applies only for the duration of the impediment plus a reasonable restart period.

To the extent that the customer cannot reasonably be expected to continue with the contract as a result of the delay, the customer may withdraw from the delivery contract by notifying us in writing.

If the buyer is a business, we shall initially provide warranty for defects in the goods, at our discretion, by repair or replacement.
If the buyer is a consumer, the following procedure is agreed upon to remedy a defect in the goods, taking our economic interests into account:

For products valued at less than €1,000.00, the consumer may initially only request a replacement delivery.
If the value of the goods exceeds €1,000.00, we are initially entitled to attempt to remedy the defect within a reasonable period of time.
A period of 20 business days is considered reasonable for such remediation. If remediation is not economically feasible, subsequent performance shall be provided through a replacement delivery.

If the remedy fails, the customer may generally, at his or her discretion, demand a reduction in the
compensation (price reduction) or rescission of the contract (withdrawal).
However, in the case of a minor breach of contract—in particular, in the case of only minor defects—the customer is not entitled to rescind the contract.

Businesses must notify us in writing of any obvious defects within two weeks of receiving the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The business bears the full burden of proof for all requirements for a claim, in particular for the defect itself, for the time at which the defect was discovered, and for the timeliness of the notice of defect.
Consumers must notify us in writing of obvious defects within a period of 2 months from the date on which the non-conformity of the goods with the contract was discovered.
The deadline is deemed met upon our receipt of the notification. If the consumer fails to provide this notification, the warranty rights expire 2 months after the consumer’s discovery of the defect.
This does not apply in cases of fraudulent intent on the part of the seller.

The burden of proof regarding the date on which the defect was discovered rests with the consumer. If the consumer
was induced to purchase the item by inaccurate statements made by the manufacturer, the burden of proof regarding the consumer’s decision to purchase rests with the consumer. In the case of used goods, the burden of proof regarding the defectiveness of the item rests with the consumer.

If the customer chooses to rescind the contract due to a legal defect or a material defect after a failed attempt at subsequent performance, the customer is not entitled to any additional claim for damages arising from the defect. If the customer chooses to claim damages after a failed attempt at subsequent performance, the goods remain with the customer if this is reasonable.
Compensation is limited to the difference between the purchase price and the value of the defective item.

This does not apply if we caused the breach of contract through willful misconduct.

For business customers, the warranty period is 1 year from the date of delivery of the goods. For consumers, the limitation period is 2 years from the date of delivery of the goods. For used goods, the limitation period is 1 year from the date of delivery of the goods. This does not apply if the customer has not notified us of the defect in a timely manner. (Section 4 of this provision).
7. If the buyer is a business, only the manufacturer’s product description shall be deemed agreed upon as the quality of the goods.

Furthermore, public statements, promotional claims, or advertisements by the manufacturer do not constitute a contractual description of the goods’ quality.

If the customer receives defective assembly instructions, we are obligated only to provide non-defective assembly instructions, and even then only if the defect in the assembly instructions prevents proper assembly.
9. In accordance with the state of the art and environmental regulations, our patinas are no longer applied chemically but rather using special color effects followed by a protective topcoat. If the customer requests chemical patinas, this must be agreed upon on a case-by-case basis and will be billed separately.

We do not provide the customer with any warranties in the legal sense. Manufacturer warranties remain unaffected by this.

We assume no liability whatsoever for models and drawings provided to us for casting, for the purpose of submitting a bid, or for storage.

We retain third-party models for a maximum of 3 years and then destroy them without further notice. This does not give rise to any claim for replacement.
For models that must be destroyed for casting (e.g., wax), the client bears the full risk.

All items shown in our catalog, as well as custom-made products, are protected by copyright. The purchaser does not acquire any design rights upon purchase.

In the event of breaches of duty due to slight negligence, our liability is limited to the average direct damages that are foreseeable and typical for this type of contract, depending on the nature of the goods. This also applies to breaches of duty due to slight negligence on the part of our legal representatives or vicarious agents.
We are not liable to business customers for slightly negligent breaches of minor contractual obligations.
The foregoing limitations of liability do not apply to the customer’s claims arising from product liability.
Furthermore, the limitations of liability do not apply in the event of bodily injury, damage to health, or death of the customer attributable to us.

The customer’s claims for damages due to a defect are subject to a one-year statute of limitations following delivery of the goods. This does not apply if we are accused of fraudulent misrepresentation.

The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

If the customer is a merchant, a legal entity under public law, or a special fund under public law
, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is filed.
Should individual provisions of the contract with the customer, including these General Terms and Conditions
, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is wholly or partially invalid shall be replaced by a provision whose economic purpose comes as close as possible to that of the invalid provision.