General Sales Conditions KARE Design

I. General - Scope of Application

The general terms and conditions apply to all present and future business conditions.

Customer, as defined in these terms and conditions, refers to natural or legal persons or partnerships with whom business relationships are established and who act in the course of a commercial or independent professional activity.

Deviating, conflicting, or supplementary general terms and conditions, even if known, do not become part of the contract unless their validity is expressly agreed upon in writing.

II. Conclusion of the Contract

The customer is bound to the order (contract offer) for a period of three weeks.

By placing the order, the customer declares bindingly the intention to purchase the ordered goods.

We are entitled to accept the contract offer contained in the order within two weeks after receipt by us. Acceptance can be made either in writing or by delivering the goods to the customer.

Orders with different ordering and delivery dates will be treated as separate orders.

An order is binding even without the customer's signature.

The conclusion of the contract is subject to correct and timely self-supply by our suppliers. This applies only in the event that the non-delivery is not our responsibility, especially in the case of the conclusion of a congruent covering transaction with our supplier. The customer will be promptly informed of the non-availability. The consideration will be refunded immediately.

III. Prices and Payment Terms

Unless expressly stated otherwise, all prices are net plus the applicable value-added tax, ex works Garching. If the payment terms allow, a cash discount of 5% will be applied upon invoicing. Our minimum order value for initial orders is €2,500 for all countries within the EU and €3,500 for countries outside the EU. The minimum shipment value is €750 for Germany and Austria, €1,500 for Switzerland and the rest of the EU, and €2,500 for all other countries. Deliveries incur individual freight costs depending on the distance. Deliveries to third countries are generally made duty-free and tax-free.

For the conclusion of a transport insurance, an additional charge of 2% of the net order value will be applied.

For orders with a value below the respective freight threshold, a freight cost contribution of 8% of the net order value will be charged.

As an Interseroh member, we charge a disposal fee of 0.5% of the net order value for transport packaging.

A cash discount of 5% will be granted for payment within eight days from the invoice date, otherwise, the payment term is 30 days net. For participation in direct debit authorization, a 5% cash discount will be granted for payment within 20 days, otherwise, the payment term is 40 days net.

All export orders are delivered only upon prepayment.

During default, the customer shall pay interest on the monetary debt at a rate of 8% above the base rate. KARE expressly reserves the right to prove and claim higher damages in case of default.

The customer is entitled to set-off only if their counterclaims have been legally established or acknowledged by KARE.

The customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.

IV. Retention of Title

We reserve ownership of the goods until all claims from an ongoing business relationship have been fully settled. If the value of all security rights granted to KARE exceeds the amount of the secured claims by more than 20%, KARE will, at the customer's request, release a corresponding portion of the security rights.

The customer is obliged to handle the goods with care.

The customer must immediately notify us of any third-party access to the goods, such as in the case of seizure, as well as any damage or destruction of the goods. The customer must promptly notify us of any change in possession of the goods or change of business address.

In the event of the customer's contractual breach, particularly in the case of payment default or violation of an obligation as stated in clauses 3 or 4 of this provision, we are entitled to withdraw from the contract and demand the return of the goods.

The customer is authorized to resell the goods in the ordinary course of business. The customer hereby assigns to us all claims arising from the resale against a third party, up to the amount of the invoice value. We accept the assignment. After the assignment, the customer is authorized to collect the receivables. We reserve the right to collect the receivables ourselves if the customer fails to fulfill its payment obligations properly and enters into default.

The customer processes and transforms the goods on our behalf and in our name. If processing is carried out using items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods supplied by us to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.

V. Reservation of Changes

Our offers are subject to change. Technical modifications, as well as changes in shape and weight, and customary and reasonable variations in color and grain on wooden surfaces, are reserved to the extent reasonable.

Similarly, customary and reasonable variations in textiles (e.g., furniture and decorative fabrics) are reserved with regard to minor deviations in execution compared to fabric samples, especially in terms of color.

Mass-produced furniture is sold based on samples or illustrations.

There is no entitlement to the delivery of exhibition pieces unless otherwise agreed upon at the time of contract conclusion.

Qualitative claims can only be made regarding the ordered goods to the extent that they can reasonably or commercially be made for goods in the price range of the ordered goods.

VI. Passing of risk

The risk of accidental loss and deterioration of the goods passes to the customer upon handover, and in the case of a sale involving shipment, upon delivery of the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment.

The same applies if the customer is in default of acceptance, in which case it is equivalent to the handover.

VII. Warranty

KARE provides warranty for defects in the goods, initially at our discretion, through rectification or replacement delivery.

If the subsequent performance fails, the customer may, at their discretion, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). However, in the case of only minor contractual non-conformity, particularly in the case of only minor defects, the customer is not entitled to withdraw.

Obvious defects must be reported to us in writing within a period of two weeks from receipt of the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to comply with the deadline. The customer bears the full burden of proof for all claim prerequisites, especially for the defect itself, the time of defect detection, and the timeliness of the defect notification.

If the customer chooses to withdraw from the contract due to a legal or material defect after unsuccessful subsequent performance, they are not entitled to claim damages for the defect. If the customer chooses to claim damages after unsuccessful subsequent performance, the goods shall remain with the customer if this is reasonable for them. Compensation is limited to the difference between the purchase price and the value of the defective goods. This does not apply if we have caused the contract breach with intent.

The warranty period is one year from the delivery of the goods. This does not apply if the customer has not notified us of the defect in a timely manner (clause 4 of this provision).

As regards the nature of the goods, only the product description is agreed upon as a general rule. Public statements, praise or advertising do not constitute a contractual statement regarding the nature of the goods.

If the customer receives a defective assembly instruction, we are only obliged to provide a defect-free assembly instruction if the defect in the assembly instruction hinders proper assembly.

The customer does not receive any warranties in the legal sense from us. Manufacturer's warranties remain unaffected by this.

The rights under § 478 of the German Civil Code (BGB) are not affected by the provisions under VII. of these terms and conditions.

VIII. Limitation of Liability

In the case of slight negligence in the breach of non-material contractual obligations, our liability is limited to the foreseeable, typical, direct average damages inherent to the type of goods. This also applies to slight negligence on the part of our legal representatives or vicarious agents. We shall not be liable for slight negligence in the breach of insignificant contractual obligations.

The above limitations of liability do not apply to claims of the customer based on product liability. Furthermore, these limitations of liability do not apply in cases of attributable bodily injury, harm to health, or loss of the customer's life.

Claims for damages by the customer due to a defect shall be time-barred after one year from the delivery of the goods. This does not apply if we are guilty of gross negligence, as well as in the case of attributable bodily injury, harm to health, or loss of the customer's life.

IX. Final provisions

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) 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 shall be our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual residence is not known at the time the lawsuit is filed.

If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision whose economic effect comes as close as possible to that of the ineffective provision.