for orders placed via colourofstone.com
1. USER/CONTRACTUAL PARTNER
The user of these general terms and conditions is
Colour of Stone GmbH, represented by the managing director Mr. Friedrich Aly
31135 Hildesheim – GERMANY
Commercial Register: Local Court Hildesheim HRB 207255
Telephone: +49 5121 102309
2. SCOPE OF APPLICATION AND CONTRACTUAL LANGUAGE
2.1 The following General Terms and Conditions (hereinafter also referred to as “GTC”) shall apply to all orders placed via our online shop colourofstone.com by consumers and entrepreneurs (hereinafter also referred to as “Customer” or “you/your”), in each case in the version current at the time of the order.
2.2 Insofar as these General Terms and Conditions refer to consumers, this shall mean any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity.
2.3 Insofar as these General Terms and Conditions refer to entrepreneurs, this refers to a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2.4 You can view the General Terms and Conditions applicable to your contract before placing your order both on our website colourofstone.com and during the ordering process via the notice provided separately for this purpose. We will also send them to you together with the order confirmation after you have placed your order. The General Terms and Conditions applicable at the time of your order cannot be requested separately from us. We therefore recommend that you keep the General Terms and Conditions sent to you with the order confirmation for your records.
2.5 We reserve the right to change our Terms and Conditions from time to time without notice. In the event of a change, the version of the Terms and Conditions applicable to your contract will be the version we sent to you with the Order Confirmation and which was published on our website colourofstone.com at the time you placed your order.
2.6 We provide our services exclusively on the basis of these General Terms and Conditions. Conflicting general terms and conditions of the customer shall only apply if we expressly confirm their validity. This also applies insofar as deviations from individual provisions of these General Terms and Conditions are to be agreed.
2.7 We conclude contracts exclusively in the German language. Translations of these GTC and this website into other languages are for information purposes only. In the event of differences between the language versions, the German text shall always take precedence.
3. CONCLUSION OF CONTRACT AND SUBJECT MATTER OF CONTRACT
3.1 The presentation of the products on our website colourofstone.com does not constitute a legally binding offer. Rather, it is merely a non-binding invitation for you to submit an offer to us (so-called invitatio ad offerendum). You can select various products on our website and place them in the shopping basket. Placing a product in the shopping basket is not legally binding. You can correct the product selection you have made at any time before sending the binding order, i.e. add further products, remove products already added from the shopping basket again or change the order quantity. You can also correct the other data provided by you during the ordering process at any time before sending the binding order.
3.2 Only when you click on the “Place order” button do you make a legally binding offer to us to conclude a purchase contract for the products you have selected. You can only place a binding order if you accept the version of the General Terms and Conditions valid at that time by clicking on the checkbox “I have read and agree to the website terms and conditions”. In this context, you can view the General Terms and Conditions before submitting your binding order. Immediately after your binding order, you will receive an automated e-mail confirming receipt of your order. This order confirmation does not constitute acceptance of the contract on our part. The contract is only concluded when we accept your offer by sending you a separate order confirmation by e-mail or by sending you the product you have ordered. The acceptance of the offer can take place within three days after receipt of your offer.
3.3 We would like to point out that the text of the contract is not available to you on our website after you have placed your order. The content of the contract results from the order confirmation sent to you. Please include the order confirmation in your documents and keep it in a safe place. The order confirmation summarises the selected products, the order quantity, the product prices, any applicable delivery costs, the statutory VAT and any additional charges, the delivery address, the billing address (if different from the delivery address), the order number and the special terms and conditions applicable to the order.
3.4. The order number or order number generated by the system shall be used by the Customer in any subsequent communication with us.
3.5. The personal data provided by you as part of the ordering process must be truthful. During the ordering process, you will be asked to check the accuracy of the data you have provided. You are also requested to check the accuracy of the order confirmation after receipt and to notify us of any necessary corrections within 24 hours after receipt of the order confirmation. If the data provided by you changes during the execution of the contract, you are obliged to notify us of these changes immediately. If you provide incorrect data from the outset or fail to notify us of changed data, you must compensate us for any damage incurred as a result. As our contractual partner, you must also ensure that the e-mail address or fax number and telephone number provided by you can be reached.
4. RIGHT OF WITHDRAWAL
If you are shopping for purposes assigned neither predominantly to your commercial nor to your self-employed occupation and if you are thus ordering as a consumer, you are entitled to a right of withdrawal according to the following withdrawal instruction:
4.1 Withdrawal instruction
You have the right to withdraw from this contract within 14 days without stating any reasons. The withdrawal period will expire after 14 days from the day on which you or a third party you nominated and who is not the carrier received the good(s).
In order to exercise your right of withdrawal, you shall inform us: Colour of Stone GmbH, Albert-Einstein-Str. 10, 31135 Hildesheim, Tel. +49 5121 102309, E-mail firstname.lastname@example.org of your decision to withdraw from the contract by means of an unequivocal declaration (for example, in a letter sent by post or email). For this, you may use the attached withdrawal form, although this is not a strict requirement. It shall be deemed sufficient for compliance with the withdrawal term, if you dispatch the notification of exercising the right of withdrawal before the withdrawal term has expired.
Consequences of withdrawal
When you withdraw from this contract, we are obligated to refund all of the payments that we have received from you, including delivery costs (except additional costs resulting from your decision to use a different delivery method than the cheapest standard method we offer), without any undue delay and within no more than 14 days after receipt of your notification of withdrawal. For this refund, we will use the same payment that you used for the original transaction, unless expressly agreed otherwise with you; in any event, we shall not charge you any fees on the basis of this refund. We may refuse to make the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever is earlier.
You are obliged to return the goods without any undue delay and in any event within no more than 14 days after the date on which you notified us of the withdrawal. The deadline will be upheld provided the goods have been dispatched within 14 days of the notification. You will bear the direct cost of returning the goods. These amount to a maximum of EUR 500.00 per pallet.
You are only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and mode of operations of the goods.
4.2 The right of revocation does not apply to contracts
– for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
4.3 The right of withdrawal may expire prematurely in the case of contracts for the delivery of
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
– for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.
5. PRICES/FREIGHT, DELIVERY, SHIPPING AND OTHER COSTS/MINIMUM ORDER QUANTITY
5.1 All prices are end customer prices in Euro including all taxes and duties. The prices stated at the time of the order shall apply.
The following applies to deliveries to non-EU countries: Customs duties, taxes or other fees may be incurred for the client / customer. These are not invoiced or paid by Color of Stone GmbH. The customer / orderer must settle these directly with his responsible tax authority or customs authority.
5.2 Additional freight, delivery, shipping or other costs may be incurred, which we expressly point out during the ordering process after entering the delivery address and before you submit your contractual declaration:
– Delivery is free of freight, delivery and shipping costs (except for islands and remote areas) to the following countries: Belgium, Germany, France, Italy (incl. islands), Luxembourg, Netherlands, Portugal, Spain (incl. Balearic Islands), Austria, Croatia, Slovenia, Czech Republic, Slovakia, Poland, Hungary, Romania, Estonia, Latvia, Lithuania, Monaco.
– Delivery is subject to a flat-rate shipping fee or an island surcharge of EUR 238,00 (VAT 19% DE) to the following countries / regions: Denmark, Finland, Sweden, Bulgaria, Greece (without islands), Ireland, Liechtenstein, Switzerland, Canary Islands, Corsica, Madeira, German islands, Dutch islands.
– Delivery is subject to a flat-rate shipping fee or an island surcharge of EUR 476,00 (VAT 19% DE) to the following countries / regions: Norway, United Kingdom, Azores, French islands (without Corsica), Greek islands, Croatian islands, Ceuta, Melilla, Heligoland.
– Deliveries are only made within the Schengen Agreement (unless otherwise listed). Countries or territories not listed, such as Greenland, the Faroe Islands, French and Dutch overseas territories, shall not be supplied.
5.3 Countries or regions not listed in Clause 5.2 of these General Terms and Conditions will not be supplied.
5.4 All our products are subject to a minimum order quantity, to which we already refer when presenting the products on our website. It is not possible to conclude a contract with us below the minimum order quantity stated there.
6. METHODS OF PAYMENT/TERMS OF PAYMENT
In our online shop you have several payment options to choose from. Please always quote the order number when making payment.
If you decide to pay in advance, we will deliver the goods only after we have received the payment. The invoice amount must be paid in full within 14 days of receipt of the invoice. Otherwise, we are entitled to withdraw from the contract after the expiry of a reasonable grace period previously set by us. We expressly reserve the right to assert statutory claims for damages in this case.
In case of payment via PayPal, the payment will be processed via the company PayPal (Europe) S.à.r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg, registered in the commercial register R.C.S. Luxembourg under number B 118 349. In order to be able to pay the invoice amount via PayPal, you must be registered there or register. As part of the ordering process, you will be redirected to the website of the provider PayPal, where you must legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order via our website, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterwards. For more information, please visit www.paypal.com.
6.3 Stripe Payments Europe
6.4 Klarna AB
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (www.klarna.de), we offer purchase on account and hire purchase as a payment option. Please note that Klarna Invoice and Klarna Instalment Purchase are only available to consumers and that payment must be made to Klarna in each case. For more information, please visit the website www.klarna.com.
When purchasing on account with Klarna, you pay after receiving the goods with a payment period of 14 days. The complete terms and conditions for purchase on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
With the Klarna financing service, you can pay for your purchase flexibly in monthly instalments. You can find more information on Klarna instalment purchase, including the general terms and conditions and the European standard information for consumer credit, here:https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.
7. DELIVERY AND PERFORMANCE CONDITIONS
7.1 The delivery of the ordered goods is carried out by a forwarding agent commissioned by us. Please note that we are therefore unable to agree a specific desired delivery date with you. The delivery time is 40 days at the latest, starting from receipt of the order confirmation. We will inform you of the latest delivery date during the order process. The freight forwarder will agree the exact delivery date of the goods and the delivery window with you. The freight forwarder will contact you in this regard after order confirmation. For this purpose, you must ensure that you can be reached by e-mail and telephone.
7.2 If you are not available to coordinate the delivery date or if you do not comply with your obligation to cooperate in coordinating the delivery date within three days of notification by the freight forwarder, you shall be in default of acceptance. In this case, you shall bear the additional expenses incurred by us as a result, which we had to incur for the unsuccessful offer as well as for the storage and preservation of the goods owed. In addition, the other legal consequences of default in acceptance shall apply.
7.3 Your presence at the delivery address is required on the delivery date during the entire delivery time window specified by the shipping company. Unfortunately, it is not possible to specify the delivery time in advance. You are obliged to personally accept the ordered goods on the agreed delivery date and to confirm the delivery in writing. Assistance on your part during the unloading process is not necessary and is not desired by us, otherwise this will be at your expense and risk.
7.4 If the goods cannot be delivered on the date agreed with the freight forwarder because you were not present on site during the agreed delivery window, you shall be in default of acceptance. In this case, you shall bear the additional expenses incurred by us for the unsuccessful delivery as well as for the storage and preservation of the goods owed. In addition, the other legal consequences of default in acceptance shall apply.
7.5 The delivery of the goods by the forwarding agent shall be carried out by means of a 7.5 to 40 tonne truck “free kerbside”, i.e. to the kerbside nearest to the delivery address. Unloading is carried out using a lifting platform and forklift truck.
In the following cases, delivery “free kerbside” cannot be made:
– The delivery address is located in a traffic-calmed area or a play street, or can only be reached via such an area or street.
– The delivery address is located in a street that may not be used by lorries with a permissible total weight of 40 tonnes or the song address can only be reached via such a street.
– The delivery address is located in a street narrower than 3.25 metres or can only be reached via such a street.
– The delivery address is located in a street which, at the time of delivery, is restricted to less than 3.25 metres passage width by obstacles such as a construction site or parked vehicles, or can only be reached via such a street.
– The delivery address is located in a dead-end street without turning facilities for trucks with a permissible total weight of 40 tonnes.
– The delivery address is located on a road with such unevenness that it is impossible to unload the goods with a hydraulic tailgate.
If one of the above-mentioned special features applies to your delivery address or if you have any doubts, you are obliged to inform us of this in advance by telephone or e-mail.
7.6 If the delivery address is not accessible by lorry according to the special circumstances mentioned and/or if unloading of the goods is not possible, you are obliged to bear the additional expenses incurred by us for the unsuccessful delivery as well as for the storage and preservation of the goods owed, should you have failed to inform us of this circumstance. If delivery to you cannot take place due to these circumstances, you shall be in default of acceptance. The statutory consequences of default of acceptance shall apply.
7.7 If we have set you a grace period of 14 days for acceptance of the delivery and this period expires fruitlessly for reasons for which you are responsible, we shall be entitled to withdraw from the purchase contract. In this case, we expressly reserve the right to assert claims for damages in accordance with the statutory provisions.
7.8 You are free to agree with the carrier on a delivery beyond the kerbside to the actual place of installation at your own risk and expense.
7.9 Deliveries are made on Euro pallets as transport packaging. Euro pallets are reusable pallets. Upon delivery, the euro pallet becomes your property.
8.1 We have taken out transport insurance for our goods.
8.2 If you receive goods with obvious transport damage in your capacity as a consumer, we ask you to complain directly to the forwarding agent, to document this and to inform us of this. We also ask you to keep the damaged goods. If you fail to immediately complain about transport damage to us or the forwarding agent, this will have no effect on your legal claims, in particular on your warranty rights and their enforcement. However, you will help us to assert our own claims against the transport company or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration of the goods shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. RESERVATION OF TITLE
The delivered goods remain our property until the purchase price has been paid in full, including any freight, delivery, shipping and other costs incurred. You are not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
For entrepreneurs, the following shall apply in addition:
We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted. You may resell the reserved goods in the ordinary course of business. You assign to us in advance all claims arising from this resale, irrespective of any combination or mixing, in the amount of the invoice amount and we accept this assignment. You remain authorised to collect the claims. However, we may also collect claims ourselves insofar as you do not meet your payment obligations towards us.
10. WARRANTY / DEFECTS
10.1 Unless expressly agreed otherwise below, the statutory warranty law shall apply.
10.2 The photographs of natural stones used on our website are for information purposes only and are in no way binding with regard to colour and structure. Natural stones are unique. Differences in colour, biological, structural, chemical and physical properties are naturally unavoidable. Colour, structure and texture variations of a stone are determined by different minerals and their distribution.
– Colour variations in natural stone are natural and permissible.
– Natural stones are formed by geological processes. Changes in the rocks have led to tectonic cracks. Calcite veins in limestones are part of their characteristics. These veins are not a defect. Cracks and weak spots are natural features of natural stones.
– Open pores, as in travertine, are unavoidable due to the formation of the natural stone. These pores are closed by filling. Remaining pores or pores that open again are typical for travertine.
Optical properties are to be assessed under normal conditions of use, such as the distance when viewing or lighting. Grazing light is not considered an assessment criterion.
10.3 If you have received the goods from us as a consumer, your warranty claims shall expire within two years from delivery of the goods. If you have purchased a used item from us as an entrepreneur, the warranty for defects is excluded. If you have purchased the goods from us as an entrepreneur, the limitation period is one year from delivery. The limitation period for recourse claims in the event of supplier recourse in accordance with §§ 445a, 445b BGB remains unaffected.
10.4 Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
10.5 The above restrictions shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
– in the event of injury to life, limb or health
– for damages caused by intent or gross negligence
– for damages in the event of non-compliance with a guarantee given by us
– for fraudulently concealed defects
– insofar as the scope of application of the Product Liability Act is opened up
– in the event of a breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (so-called cardinal obligations).
11. LIABILITY FOR DAMAGES
11.1 We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
– for injury to life, body or health
– for damages caused by intent or gross negligence
– for damages caused by intent or gross negligence
– for fraudulently concealed defects
– insofar as the scope of application of the Product Liability is applicable.
11.2 In the event of damage caused by a breach of material contractual obligations by us, our legal representatives or vicarious agents, our liability shall be limited to compensation for the foreseeable damage typical for the contract. Material contractual obligations are obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (so-called cardinal obligations).
11.3 Otherwise, claims for damages are excluded. The aforementioned restrictions shall also apply in favour of the legal representatives and vicarious agents if claims are asserted directly against them.
12. DEALING WITH COMPLAINTS/DISPUTE RESOLUTION
12.1 We would like to solve any problems together with you. Please contact us. You can reach us
– by mail: Colour of Stone GmbH, Albert-Einstein-Str. 10, 31135 Hildesheim, Germany
– by telephone: +49 5121 102309
– by e-mail: email@example.com
12.2 The European Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE . Consumers have the possibility to use this platform for the settlement of their disputes. We endeavour to settle any disagreements arising from our contract with the customer amicably. Furthermore, we are not obliged to participate in a dispute resolution procedure before a consumer dispute resolution body and cannot offer our customers participation in such a procedure.
13. APPLICABLE LAW/PLACE OF JURISDICTION
13.1 These General Terms and Conditions and the contracts concluded between you and us on the basis thereof shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have concluded the contract as a consumer, the mandatory provisions of the legal system of the state in which you have your habitual residence shall remain unaffected.
13.2 If you are a merchant, a legal entity under public law or a special fund under public law, or if you do not have a general place of jurisdiction in Germany or if you transfer your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time of filing an action, the place of jurisdiction for all contracts concluded with the inclusion of these General Terms and Conditions of Business shall be the court in Hildesheim (Germany) which has jurisdiction for our registered office.