Terms & Conditions
General Terms and Conditions of OFFICEBRICKS GmbH
Last revised: April 24, 2018
1. Applicability
2. Contract Partner
3. Offer and Acceptance
4. Payment Terms
5. Shipping Terms and Costs
6. Retention of Title
7. Availability
8. Rescission
9. Warranty
10. Guarantee Claim
11. Liability
12. Offset
13. Data Protection
14. Governing Law
15. Venue and Jurisdiction
16. Severability
1. Applicability
The products offered here are intended exclusively for commercial customers. Therefore the provisions of §§ 312 et seq. of the German Civil Code (BGB) do not apply and the buyer has no right of revocation.
The business relationship between us and the buyer are exclusively governed by the following general terms and conditions (“General Terms and Conditions”) in the version in effect at the time the order is placed. The buyer may refer to these General Terms and Conditions at any time on the website www.officebricks.com, where these General Terms and Conditions are also always available for downloading. We may modify or amend these General Terms and Conditions at any time if this is necessary to eliminate a disruption of a reasonable price-performance ratio that occurs after the contract date, to account for circumstances resulting in frustration of contract after the contract date, or to account for legislative or technological changes. We will notify the buyer of any such modifications or amendments, including the new terms and conditions as modified or amended. Modified or amended terms and conditions shall become part of the contract, unless the buyer objects to the changes in written or text form within two weeks from receiving notice of the changes. Any orders we receive prior to such changes will be processed based on the original General Terms and Conditions. We do not accept any terms or conditions of the buyer, unless we expressly consent to such terms and conditions in writing.
2. Contract Partner
The contract partner of the buyer is OFFICEBRICKS GmbH, Bornheimer Landstr. 54, 60316 Frankfurt/Main. We enter into contracts only with natural persons who have unlimited legal capacity and are at least 18 years old, or with legal entities. If these conditions are not satisfied, no valid contract will result and we shall have the right to demand the return of all products that have been delivered to the buyer and to refund any payments already made by the buyer.
3. Offer and Acceptance
The official contract language is German. Any written or oral offers made by us generally are subject to change and are non-binding. The presentation of products on our website involves a non-binding online catalog. Specifications and images on our website are subject to minor discrepancies and technical changes, to the extent reasonable. A catalog ceases to be valid when a new catalog is issued.
To place an order, the buyer shall make an inquiry to us and we will then make a binding offer to enter into a purchase agreement. The buyer may accept the offer in written form. The details of the order will be sent to the buyer by e-mail. Any partial deliveries are subject to prior agreement with the buyer. The buyer agrees to accept ordered products. By accepting the offer the buyer agrees to and accepts the contract terms and these General Terms and Conditions.
4. Payment Terms
The prices at the time the order is placed, as shown on our website or quoted by us to the buyer, are controlling. Any special offers that are valid for a limited time only are identified as such in the product descriptions on our website. All prices are exclusive of value-added tax at the legal rate (currently 19%) and exclusive of shipping costs. We generally will make delivery only after we have received a down payment in the amount of 30% of the purchase price. The balance is due eight days from delivery unless agreed otherwise. Payment on invoicing is available to existing customers with acceptable credit scores if agreed with us in advance. The buyer may pay for ordered products by SEPA bank transfer, PayPal, sofortüberweisung.de, cash on delivery, or cash payment at the time of pickup. Any additional costs charged by us based on the method of payment are shown on our website www.officebricks.com.
5. Shipping Terms and Costs
For commercial customers the place of performance of the contract is our registered office. The risk of accidental loss or damage shall transfer to the buyer when we ship the products or turn the products over to a carrier for shipment. All shipments are made for the account of the buyer.
If the buyer is a merchant within the meaning of German law, the buyer has a legal obligation to inspect the products upon arrival and to provide us with notice of any defects as provided in § 377 of the German Commercial Code (HGB). If the buyer fails to provide notice of defect, the buyer will be deemed to have accepted the products, unless the defect was not reasonably apparent from an inspection of the products or was fraudulently concealed by us.
Shipping costs for deliveries will be calculated based on the order and the shipping address selected by the buyer and will be shown in our offer. For international deliveries the carrier will clear the products through customs and you will be liable for all resulting costs. For deliveries to non-European countries customs fees will vary depending on the destination country, plus you will be liable for any import tax of the destination country.
Delivery times depend on the availability of products and the method of payment selected. Unless otherwise stated in the offer, we will ship stocked products to addresses in Germany within 10 days. For cabins to be produces the normal production time is approximately six weeks, which will be added to the shipping time.
If the contract provides for a delivery period, the delivery period will generally start at the time payment of the agreed amount is received if the buyer has an obligation to make payment in advance or otherwise at the time the order is accepted by us.
If products are not received within the agreed delivery period, the buyer has the right under applicable law to set a reasonable grace period in writing threatening refusal of delivery and, if the grace period expires without delivery having been made, to rescind the contract with respect to the agreed delivery or performance and/or to demand expectation damages, or to continue to insist on delivery.
We reserve the right to make partial delivery if this appears to expedite fulfillment of the order and is not unduly burdensome for the buyer. Products will be properly packaged by us to guarantee secure shipment.
6. Retention of Title
We shall retain title to delivered products until payment in full has been received. During this time period the buyer may not assign for security purposes, process, modify, or pledge secured goods or items made from secured goods, except with our consent. The buyer shall treat secured goods with due care during the retention of title. The buyer shall provide us with prompt written notice of any third-party measures, including, without limitation, any attempts to levy of execution on secured goods, as well as of any damage to or destruction of secured goods. The buyer shall provide us with prompt notice of any transfer of secured goods to third parties as well as of any change in address.
The buyer may resell secured goods in the ordinary course of business, but in order to secure our claims for payment the buyer hereby assigns to us all resulting claims against assignees in the amounts owed to us. We hereby accept this assignment and authorize the buyer to collect any claims from a resale of secured goods. In the event that the buyer fails to make one or several payments when due, in whole or in part, or the buyer stops payment altogether, or an insolvency petition is filed with respect to the assets of the buyer, the buyer shall no longer have the right to sell or otherwise transfer secured goods. In such case we have the right to demand the return of secured goods or to revoke the buyer‘s right to collect claims from any resale of secured goods.
Any processing of secured goods by the buyer shall always be in our name and on our behalf. If secured goods are processed, we shall acquire co-ownership of the resulting product in proportion to the value of the goods delivered by us. The same applies if secured goods are processed or intermingled with any other items that are not owned by us.
7. Availability
Should we determine after the contract date that, without our fault, ordered products or services are no longer available from us, or that without our fault goods have not been supplied by the manufacturer, or that due to force majeure or to unforeseen obstacles to performance that cannot be eliminated at reasonable expense products or services can no longer be delivered, we shall have the right to offer equivalent products or services of the same quality and price or to rescind the contract. We will promptly notify the buyer if any ordered products or services are unavailable. We will promptly refund any payments after the contract is rescinded by us or the buyer.
8. Rescission
We reserve the right to rescind the contract if the buyer has provided false credit information in connection with a purchase with payment on invoicing. The same applies if any duties of care are breached, if payment is not made on the due date or within a grace period, or if a petition for insolvency has been filed and delivered goods are subject to a reservation of title, provided that continued performance of the contract would be unduly burdensome for us.
9. Warranty
The warranty period for new products is three years. The foregoing shall not apply to any claims of the buyer under § 478 of the German Civil Code (BGB), any claims based on harm to life, limb, or health of the buyer for which we are legally responsible, or to any other claims for damages that are caused by us intentionally or grossly negligently. The limitation period generally begins to run on the date of delivery. To fulfill our warranty obligations we have the right to render remedial performance at no cost to the buyer. In such case the buyer may demand repair or replacement of the defective product as provided by law, if the defect was already present at the time the risk of loss transferred to the buyer. The buyer must provide us with the time and opportunity needed to render remedial performance, in particular by returning defective products to us upon demand for examination. We reserve the right to refuse remedial performance if remedial performance would be associated with disproportionate expense or unreasonable time and effort. If remedial performance fails, which under applicable law generally is the case if a second attempt has failed, the buyer shall have the right to demand a reduction of the purchase price, to rescind the contract, or to claim damages as provided by applicable law. The buyer has no right of rescission if the defect is minor and insubstantial.
Due to its design and construction the products have certain manufacturing tolerances (“Manufacturing Tolerances”). Furthermore, frequent, improper dismantling and set up of the products may result in functional impairments or technical, optical or qualitative inadequacies (“Wear and Tear”). The buyer is aware of these facts. Neither Manufacturing Tolerances nor Wear and Tear represent a defect but are considered as agreed quality between the parties. The occurrence of Manufacturing Tolerances and / or Wear and Tear does not entitle the buyer to refuse acceptance and does not lead to any warranty claims.
If the buyer makes a warranty claim, the date of purchase generally must be established by submitting the invoice, but can also be established by other means. The product subject to the warranty claim should – if possible – be shipped to us in its entirety along with a copy of the invoice. The buyer is requested to prepay all shipping costs. While non-payment of shipping costs has no effect on the buyer‘s warranty rights, it may result in additional costs that may under certain circumstances have to be paid by the buyer. The costs of returning products to us will be refunded by us if the product turns out to be defective and the buyer did not negligently breach its obligations to inspect the products on arrival and to provide us with notice of the defect.
The buyer must provide us with written notice of any apparent defects within 14 days from delivery. Otherwise such defects will not be covered by the warranty.
10. Guarantee Claim
Under our guarantee we will make all repairs and replace all parts at no cost to the buyer to ensure that the cabin will remain as operational and functional as it was on the contract date. A malfunction triggering this guarantee occurs if one or several components of the cabin can no longer be used for their intended purpose as a result of a technical defect or as a result of wear and tear. This guarantee does not cover defects or damages resulting from accidents, vandalism, improper handling, repair, or care of the cabin, or from negligence. The cabin is intended for indoor use only and therefore the guarantee does not cover any damages resulting from outdoor use. Section 9 of these General Terms and Conditions shall apply mutatis with respect to Manufacturing Tolerances and Wear and Tear.
The guarantee is limited to the original buyer and is not transferable to third parties.
If a repair cannot be performed at the buyer‘s place of business for technical reasons or can be performed at the buyer‘s place of business only at substantial expenditure of time and effort, the buyer will be responsible for any shipping and packaging costs if a claim is made under this guarantee after the warranty period has expired, or the buyer shall assume responsibility for shipping and packaging at its own risk (bring-in guarantee).
11. Liability
Our liability for ordinary negligence shall be limited to reasonably foreseeable, typical, and direct damages. To the extent that our liability is excluded or limited, such exclusion or limitation shall also apply to any personal liability of our employees, representatives, and agents.
The foregoing limitations of liability do not apply to any product liability claims or guarantee claims of the buyer. Nor do they apply to any claims alleging harm to life, limb, or health of the buyer for which we are legally responsible, or to any damages that are caused by us intentionally or grossly negligently.
Our liability under the aforementioned provisions is subject to the statutory limitation periods.
Although we exercise the greatest care possible, we assume no liability for any typographical errors.
12. Offset
The buyer shall have no right to offset any counterclaims unless such counterclaims have been established by a final and conclusive court judgment or are undisputed by us.
13. Data Protection
We will process and store your data in compliance with the Federal Data Protection Act (BDSG), German Telemedia Act (TMG) and the General Data Protection Regulation (GDPR) (EU) 2016/679 on the protection of natural persons with the regard to the processing of personal data and on the free movement on such data, and repealing Directive 95/46/EC. You will find more detailed information about our data protection policy under the menu item „Data Protection“ on the website www.officebricks.com.
14. Governing Law
German law shall apply, with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG) and any other international treaties, even after they have been made part of German law, and with the exception of German conflict of laws provisions.
15. Venue and Jurisdiction
If the buyer is a merchant within the meaning of the German Commercial Code (HGB) or a public entity, venue and jurisdiction for any and all claims arising in connection with the parties‘ business relationship shall be in the courts at the place of the registered office of OFFICEBRICKS GmbH. If there is no proper venue and jurisdiction for the buyer in Germany or the buyer‘s place of residence or habitual abode is relocated to a territory in which the German Code of Civil Procedure (ZPO) does not apply, or if the buyer‘s place of residence or habitual abode is unknown at the time legal action is filed, venue and jurisdiction shall be in the courts of Frankfurt am Main, Germany, as well.
16. Severability
If any provisions of these General Terms and Conditions should be or become invalid, the validity of the remaining provisions of these General Terms and Conditions shall remain unaffected thereby. Any invalid provision shall be replaced with such provision of law as is most appropriate. The buyer‘s rights under this contract may not be assigned to any third parties.
Your OFFICE BRICKS Team