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General Terms and Conditions of Karakas & Tahan GbR (meine-glühreklame.de)

0. Preliminary Remarks

Karakas Tahan GbR, Sandusweg 3, Beckerstraße 13, D-3543509120 Giessen (hereinafter referred to as contractor), offers its client a complete service for the manufacture and installation of neon signs. The conditions under which the contractor offers his services and which service content is included in detail is determined by the offer proposal to the client and the following general terms and conditions.

1. General

The contractor is entitled to commission third parties and vicarious agents to fulfill its contractual obligations.

2. Conclusion of contract

2.1. Based on the information provided by the client in the contractor’s offer calculator (accessible at www.meine-glühreklame.de/formular, among others), a non-binding offer proposal will be created and sent to the client.

2.2. This offer proposal and associated cost estimates by the contractor are subject to change and non-binding unless they are expressly marked as binding. This also applies if he has provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents – also in electronic form.

2.3. A contract for the services offered by the contractor is only concluded when the client has signed the proposal sent to him (by post, by fax by e-mail scan or by electronic signature via e-mail) and returned it to the contractor (hereinafter briefly placing the order). and the contractor has expressly accepted this proposal within 14 days of receipt (hereinafter referred to as order confirmation) (by e-mail, by post, by fax). The placing of an order by the client is considered a binding contract offer. The contract is only concluded with the order confirmation by the contractor. The deadline for the order confirmation by the contractor changes in the case of financing in accordance with Section 10.

3. Right of withdrawal, information on exercising the right of withdrawal

Information on exercising the right of withdrawal

Right of withdrawal: The client has the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise the right of withdrawal, the client must make a clear statement to Karakas Tahan GbR, Sandusweg 3, D-35435 Gießen (Tel: +49 (0)64197683061), email: info@meine-glühreklame.de (e.g a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of the revocation: If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

4. Feasibility

4.1. The client assures that all information provided by him (section 2.1.) is correct and complete. If it turns out that one of the details is inaccurate and the contractually owed service cannot be provided under the agreed conditions or as a whole, the contractor has an extraordinary right of termination with the provisions in Section 15.2. described consequences.

4.2. Apart from inaccurate information provided by the customer, circumstances can arise which make it impossible to carry out the agreed service. This is particularly the case if the local conditions conflict with the execution of the facade work and the processing of the contractually owed materials and other items of the deliveries and services.

5. Components of the contract

The contract concluded between the parties consists exclusively of the following documents: the text of these general terms and conditions (without annexes), the signed offer proposal of the client (= placing of order) and the acceptance of the offer by the contractor (= order confirmation of the contractor). If several offers are made for the same service item due to necessary changes and sent to the client, the order can only be based on the last offer proposed by the contractor. Unless otherwise agreed, offers remain valid for 14 days.

6. Interpretation of the contract

The contract concluded between the parties contains a final and comprehensive description of the subject of the service and takes precedence over all other documents. The contractor does not assume any further delivery and service obligations beyond the services expressly regulated in the contract.

7. Delivery and service obligations of the contractor; transfer of risk; acceptance

7.1. Delivery of neon signs, nose signs and advertising pylons incl. associated components and other items of the deliveries and services

7.1.1. The contractor undertakes to deliver the ordered components of the neon signs, nose signs and advertising pylons incl. to deliver associated components and other items of the deliveries and services (so-called delivery).

7.1.2. The delivery is made to the client. The contractor is entitled to determine the type of dispatch and the means of transport as well as the forwarding agent or carrier at his due discretion. The customer is obliged to inform the contractor immediately of any obvious transport damage.

7.1.3. The risk passes at the latest with the handover of the neon sign incl. associated components and other items of the deliveries and services to the forwarding agent, carrier or other third party responsible for carrying out the shipment to the customer. If the client is a consumer, the risk of accidental loss, accidental damage or accidental loss of the building materials supplied incl. associated components and other items of the deliveries and services are transferred to him at the point in time at which the building materials, associated components and other items of the deliveries and services are delivered to him or he is in default of acceptance.

7.2. Completion including acceptance

7.2.1. Following the completion of the assembly work, an acceptance report is drawn up, which confirms that the assembly has been completed and the facade has been accepted. Recognized remaining work and defects are to be stated in the log.

7.2.2. With acceptance, the risk is transferred to the client.

8. Obligations of the client

8.1. Before the order is placed, the customer must inform the contractor of circumstances that, in his opinion, could make the execution of the facade work and other items of the deliveries and services more difficult. This includes, but is not limited to, access to the property and building facade where the agreed work is to be carried out.

8.2. Before the start of the assembly work, the client must provide the necessary information about the location of concealed power, gas, water lines or similar systems.

8.3. The client also undertakes to provide the contractor with the following information:

– Photo material according to the instructions of the contractor

– Whether the use of the toilet by the persons entrusted with carrying out the work is permitted

8.4. The client is obliged to pay the neon signs supplied by the manufacturer or wholesaler incl. not to open associated components and other items of the deliveries and services or to leave the packaging intact. This is the only way for the contractor to ensure that the delivery is complete.

8.5. Costs arising from incorrect or omitted notification or any other violation of one of the client’s obligations shall be borne by the client, subject to liability under Section 14, insofar as the client is responsible for the violation (i.e. acted either negligently or intentionally) .

9. Deadlines, Default

9.1. The agreement on the expected date for delivery and execution of the facade work incl. associated components and other items of the deliveries and services takes place immediately after the cancellation period has expired. Unless otherwise agreed, the date will be confirmed no later than two weeks before the start of assembly. Agreed dates are not fixed dates.

9.2. If the contractor or his suppliers or subcontractors are not responsible for disruptions in business operations, in particular cases of force majeure, strikes and lockouts, which are based on an unforeseeable event that is not their fault and lead to serious operational disruptions, the specified dates will be postponed accordingly. If performance of the contract becomes impossible due to the disruptions mentioned, both parties are entitled to terminate the contract. In this case, the contractor is entitled to payment for the services rendered up to that point, whereby the services rendered also include claims by third parties which he commissioned in reliance on the execution of the contract. Further claims for damages are excluded on both sides.

9.3. The occurrence of default by the contractor is determined by the statutory provisions. A claim for compensation for delay only arises if (and to the extent that the client proves that) the contractor, his employees, vicarious agents or subcontractors are responsible for the delay. In any case, however, a reminder by the client is required. If the contractor is in default, the client can demand lump-sum compensation for his damage caused by the delay. The flat-rate compensation for damages is 0.5% of the net price (delivery/order value) for each full calendar week of delay, but no more than 5% of the delivery/order value. The client reserves the right to demand higher damages. The contractor reserves the right to prove that the client has suffered no damage or only a significantly lower damage than the above flat rate.

9.4. The rights of the client acc. Clause 13 and the legal rights of the contractor, in particular in the event of an exclusion of the obligation to perform (e.g. due to the impossibility or unreasonableness of the service and/or supplementary performance), remain unaffected.

10. Prices and terms of payment

10.1. The contractor’s prices apply to the scope of services confirmed in the order confirmation. The prices include the statutory VAT.

10.2. The invoice is due within 14 days without deduction of discount. Access will be immediately after completion. Subject to any statutory or contractual rights of retention, partial payment is only permitted if the contractor has expressly agreed to this.

10.3. When the payment deadline expires, the customer is in default. Interest is to be paid on the purchase price during the delay at the applicable statutory default interest rate. The contractor reserves the right to assert further damage caused by delay. The client reserves the right to prove that no interest loss has occurred. The contractor’s claim to the commercial interest due on maturity (§ 353 HGB) remains unaffected in relation to merchants.

10.4. Offsetting against counterclaims by the customer or retention due to such claims is only permissible if the counterclaims are undisputed or have been legally established. This does not apply to complaints of defects or counterclaims from the same contract by the client.

10.5. My neon sign may Obtain information from relevant service providers (e.g. Creditreform, SCHUFA) when concluding a contract to check creditworthiness. The service provider will make available the address and creditworthiness data stored about you personally, including data determined on the basis of mathematical-statistical processes, provided that Federmeister has credibly demonstrated a legitimate interest. The contractor is entitled to carry out or provide outstanding deliveries or services only against full advance payment or provision of security if circumstances become known to him after conclusion of the contract which are likely to significantly reduce the creditworthiness of the customer (e.g. an application for the opening of insolvency proceedings).

10.6. In the event of an assignment of the contractor’s claims arising from this contract, the contractor will send an original notification of assignment signed by him with legal effect to the client, which shows the name, address and account details of the new creditor, the amount of the assigned claim and the date of the assignment . Without full compliance with this obligation, the customer is still entitled to make payments to the contractor.

11. Retention of Title

The neon sign incl. Associated components and other items of the deliveries and services remain the property of the contractor until all payment claims to which he is entitled against the customer from the business relationship have been settled, provided they have not yet been processed. In the event of attachments, confiscations or other dispositions or interventions by third parties, the customer must inform the contractor immediately. In the event of breaches of duty by the customer, in particular default in payment, the contractor is entitled to withdraw and to take back the building materials; the client is obliged to surrender. Asserting the retention of title does not require the contractor to withdraw.

12. Characteristics, claims for defects; statute of limitations

12.1. The statutory provisions shall apply to the customer’s rights in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly), unless otherwise specified below.

12.2. The basis of liability for defects is the integrity of the neon sign and other items of the deliveries and services. All product descriptions that are the subject of the individual contract apply as an agreement on the integrity of the neon sign and other items of the deliveries and services, whereby it makes no difference who the product descriptions come from.

12.3. Insofar as integrity has not been agreed, it is to be assessed according to the statutory provisions whether there is a defect or not. However, the contractor assumes no liability for public statements by third parties (e.g. advertising statements).

12.4. Is the mounted neon sign incl. associated components and other items of the deliveries and services are defective, the contractor can remedy the defect with subsequent performance. He is entitled to make the supplementary performance owed dependent on whether the client pays the fee due.

However, the client is entitled to withhold part of the payment that is proportionate to the defect. The customer must give the contractor the time and opportunity required for supplementary performance to carry out the necessary work including the procurement of necessary building materials. The Contractor shall bear the expenses required for the purpose of testing and subsequent performance, in particular transport, travel, labor and material costs, if there is actually a defect. However, if a request by the customer to remedy a defect turns out to be unjustified, the contractor can demand reimbursement of the costs incurred from the customer if the customer has recognized or negligently failed to recognize that there is no defect, but the cause of the symptom behind which he suspected a defect is within his own area of responsibility. In addition to the legal regulation in § 637 BGB, the customer has the right in urgent cases, e.g. if operational safety is endangered or to prevent disproportionate damage, to remedy the defect himself and to demand reimbursement of the expenses objectively necessary for this. The contractor must be informed immediately, if possible beforehand, of such a self-performance. The right of self-remedy does not exist if the contractor would be entitled to refuse subsequent performance according to the statutory provisions.

12.5. In the event that subsequent performance fails, the statutory provisions shall apply unless otherwise stipulated here.

12.6. Claims by the customer for damages or reimbursement of wasted expenses only exist in accordance with clause 14 and are otherwise excluded.

12.7. No warranty is given for wear and tear or defects caused due to (a) the use of own materials or components in a manner that is not technically intended or not recommended by the contractor, (b) of work that is not carried out by the contractor or vicarious agents commissioned by him (c) the use of products not intended for the neon sign system, (d) other actions that are contrary to the specifications of the contractor. 13. Liability

13.1. Unless otherwise regulated in these conditions, the contractor is only liable for damages due to breach of contractual or non-contractual obligations in the event of intent or gross negligence. However, the contractor is only liable for intent and gross negligence on the part of non-leading vicarious agents if he breaches an essential contractual obligation.

13.2. The contractor is not liable in the case of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents unless there is a breach of essential contractual obligations. Essential to the contract are those obligations that make the proper execution of the contract possible in the first place and on the observance of which the contractor regularly relies and may rely.

13.3. The above limitations of liability do not apply to the contractor’s liability for intentional conduct, for guaranteed characteristics in the event of injury to life, limb or health, or under the Product Liability Act.

13.4. Due to a breach of duty that does not consist of a defect, the client can only withdraw or terminate if the contractor is responsible for the breach of duty.

14. Termination

14.1. The contractor is expressly entitled to the right of termination in accordance with Sections 642 and 643 of the German Civil Code, including the associated legal consequences.

14.2. If the customer makes use of his right of termination according to § 649 BGB, the legal legal consequence applies, in particular the customer is to pay a flat-rate compensation of 15% of the agreed remuneration before the first journey to the assembly site; from the first day at the assembly site to pay a flat-rate payment of 50% of the agreed remuneration; from the second day on the construction site, is obliged to pay a lump-sum payment of 80% of the agreed remuneration, whereby the counter-evidence of an actually lower service and expenditure is open to him. The contractor reserves the right to assert further claims in this case.

15. Online Dispute Resolution

15.1. The European Commission provides a platform for online dispute resolution (OS). You can find the platform at http://ec.europa.eu/consumers/odr/. Our e-mail address is: info@meine-glühreklame.de

16. Final Provisions

16.1. German law applies between the parties to the exclusion of the UN Sales Convention (CISG). In business transactions with consumers within the European Union, the law at the consumer’s place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

16.2. If the customer is an entrepreneur (§14 BGB) or if the customer has no general place of jurisdiction in Germany or in another EU member state or has moved his permanent place of residence to a country outside the EU after these General Terms and Conditions have come into effect, or is his place of residence or usual place of residence at the time not known at the time the action was filed, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the contractor.

16.3. Insofar as individual provisions of this contract are or become invalid in whole or in part, the validity of the remaining contractual provisions shall remain unaffected.

16.4. Legally relevant declarations and notifications that are to be submitted by the customer to the contractor after the conclusion of the contract (e.g. acceptance, setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be in text form to be effective. It is made clear that any electronic acceptance protocols that are created with a portable device (e.g. tablet PC) and signed by the customer satisfy the aforementioned text form requirement.

16.5. Contract language is German.

16.6. Terms and conditions of the client or third parties that deviate from or conflict with these General Terms and Conditions, as well as the procurement and contract regulations for construction work (VOB), shall not apply unless the contractor has expressly agreed to them. This requirement for consent applies in any case, for example even if the customer carries out the delivery to him without reservation in knowledge of the general terms and conditions of the customer.