Terms and Conditions
1.1. We sell and deliver the goods specified in the catalog or on the Internet at www.co33.de according exclusively to our terms of sale and delivery below.
1.2. In order to make it easier for you to choose the products, you can confirm the consistency of the products, seek technical advice and have your order checked for deliverability.
1.3. Your contractual partner is OBB Beton- und Bau GmbH, Fritz-Bolland. Str. 8 in 07407 Rudolstadt, (Phone: 03672- 8293338, Fax: 03672-347108, E-Mail: info@co33-de, VAT ID: DE151282625) - hereinafter also referred to as companies.
2. OFFER / CONCLUSION OF CONTRACT / FORM
2.1 The offers and product presentations do not constitute a binding offer. Only your order is a binding offer according to § 145 Civil Code (BGB), which we can accept. After sending the order, we will first send you an order confirmation by e-mail. If you accept your order through us, you will also receive an invoice by e-mail within 3 working days after receipt of your order.
When paying in advance, the contract comes with our payment request associated with the provision of bank data.
When paying by PayPal or credit card, the contract comes with our payment request.
2.2 Once you have found the product you are looking for, you can view it without obligation by clicking on the product name or the product image. By clicking the button [Add to cart] you can put the article in the shopping cart. You can view the contents of the shopping cart at any time by clicking the button [shopping cart] without obligation. You can remove or change the products from the shopping cart by clicking on the graphics [Change] and [Delete]. If you want to buy the products in the shopping cart, click on the [Checkout] button in the "Shopping cart" page.
In the course of the order process on your first purchase you will set up a customer account with us and select the dispatch as well as the kind of payment. In the last step, you will get an overview of your order data under "Order information" and can check all details again and delete or change them under [Correct]. You can also correct input errors by navigating backwards in the browser or canceling the order process and starting over. In order to complete the purchase, you must accept our terms and conditions and press the button [Confirm Payment]. This will send the order to us.
3. Storage of contract text
We save your order and the entered order data. We will send you an order acknowledgement by e-mail and then an order confirmation with all order details. You also have the option to print both the order and the terms and conditions before submitting the order to us. If you have set up a customer account with us, you will also have access to the orders you have made at any time.
4. PRICES AND SHIPPING COSTS
4.1. All prices quoted on the seller's website include the applicable VAT.
4.2. The seller charges for delivery in addition to the prices quoted.4.3. The delivery is made to the following countries. The following shipping costs (without VAT) apply:
* Delivery to Switzerland except Saas Fee + Zermatt, duty unpaid and untaxed
** only mainland
If you are interested in our products and your country is not listed above, we will gladly make you an individual offer.
For products weighing more than 31.5 kg, delivery is by freight carrier. Thus, the delivery area must be passable. (Width of the truck: 2.55m, length: 12m, height at least 4m)
Upon delivery, an immediate inspection of the goods for damage is necessary. In case of suspected damage to the goods please countersign the receipt of the delivery only "with reservation".
5. TERMS OF PAYMENT
5.1. The payment of the purchase price plus shipping costs is made in advance or to the PayPal account specified by us.
Companies ordering from us must provide their VAT identification number with the order.
5.2. Any reductions or discounts are only granted on the value of the goods, but not on shipping and additional costs.
6. DELIVERY / TRANSPORT / SHIPPING
6.1. All delivery items are carefully put together after your order. Delivery is within the delivery period specified in the product description.
6.2. The delivery takes place - assuming a public access - basically "to the sidewalk edge" of the delivery address specified by you. The goods are transported by the delivering forwarder - neither in the house or garden nor unpacked, mounted or set up.
Other paid services must be ordered separately.
6.3. When picking up at our warehouse in Rudolstadt, you will not incur any shipping costs.
6.4. When ordering items with parcel and forwarding delivery, we only charge the higher shipping costs per delivery address.
7. PRODUCT QUALITY / INSTRUCTIONS FOR USE AND INSTALLATION / WARRANTY
7.1 Our products are made of natural materials and are made by hand. The natural composition is always "individual pieces". In this type of production, color differences and small pore openings - also in comparison to the illustrations in the shop or catalog - are part of the usual nature of the material. In the case of concrete products, shading can also occur. These may include, among others, by influences such as temperature differences, humidity and concrete post-treatments or by impregnation. With the upholstery fabrics small color differences due to different immersion baths cannot be ruled out. Such material properties belong to the typical or agreed upon nature of the products and do not constitute defects.
7.2. For freight and packaging reasons, we can only deliver in disassembled condition for certain
products. In this case, we pay attention to a simple assembly capability.
7.3 We are only liable for the freedom from defects of the products delivered by us. Accordingly, we are not liable for errors during assembly (if this was not done by us or on our behalf or result from a faulty assembly instructions) or for improper use of the sold items.
7.4. We recommend that you consult a local expert for the following requirements: Checking the location, checking the bases (eg walls, parapets, floors, railings) and fasteners, checking the load capacity, checking the roofing (polycarbonate, wood or fabric coverings) ), especially in windy and / or snowy areas.
7.5. Furthermore, it is your sole responsibility to examine the legal admissibility of your project and to obtain necessary permits (building permit for custom-made products). The (public) inadmissibility of the planned project does not affect the effectiveness of our contractual relations.
7.6. The statutory provisions apply to the warranty.
7.7. With the sales of marked B-goods, the goods are not taken back by the seller due to the defects of the B-goods, which were communicated in advance. A complaint due to other defects remains unaffected.
7.8. In the case of tradesmen (this is already the case if you hold a trade license), freelancers, public- law corporations or other business persons and companies who as such conclude a purchase agreement with CO33, a warranty period of one year generally applies.
The delivered goods remain our property until full payment of the purchase price.
9.1. For a liability of the seller for damages, the following exclusions and limitations apply without prejudice to the other statutory eligibility requirements.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties
whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of any other than the duties mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the seller is excluded or limited, this also applies to the employees, legal representatives and other vicarious agents of the provider, if claims are made directly against them.
10. CANCELLATION POLICY
10.1.Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (OBB Beton- und Bau GmbH, Fritz-Bolland-Str.8, 07407 Rudolstadt, Tel.:03672 - 8293338, email@example.com) by means of a clear statement (eg a letter sent by post, Fax, e-mail or phone call) about your decision to withdraw from this contract. You can use the following sample withdrawal form for this (download sample withdrawal form), but this is not mandatory.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.2. Following the Withdrawal
If you withdraw from this agreement, all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) will have to be repaid immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged repayment fees for this.
We may refuse to repay you until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods. The cost of returns that cannot be mailed via post (> 31.5 kg) can be expensive. They are estimated at a maximum of 1,00 € per kg for Germany, 2,00 € per kg consignment weight for Austria and 2,50 € per kg for Italy, Great Britain, Luxembourg, the Netherlands, France, Belgium, Switzerland, Liechtenstein, Poland, the Czech Republic and Croatia.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
10.3 End of Withdrawal
If you are an entrepreneur within the meaning of § 14 Civil Code (BGB) and act on conclusion of the contract in the exercise of your commercial or independent activity, the right of withdrawal does not exist.
11. Image Rights
11.1.All image rights are owned by OBB Beton- und Bau GmbH. Use without expressed permission is prohibited.
12. Customer Service
12.1. For questions, suggestions or complaints please contact us. You can reach us Monday - Friday between 9:00 am and 4:00 pm under the telephone number +49 3672-8293338 or by e-mail to firstname.lastname@example.org.
13. Notice according to § 36 Consumer Dispute Settlement Act (VSBG):
OBB Beton- und Baugesellschaft mbH is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
14. Applicable Law
14.1. The law of the Federal Republic of Germany applies excluding the UN sales law. If the customer has placed the order as a consumer and is ordinarily resident in another country at the time of the order, the application of the mandatory legal provisions of this country remains unaffected by the choice of law.
14.2. The contract languages are German and English.