General terms and conditions of business
§ 1 Contractual partner
Based on these General Terms and Conditions (GTC) between the customer and "LeoLoftStudio" - leoloftstudio sp. z o.o, JJ Sniadeckich 4, r 6, Bydgoszcz, Poland 85-011, VAT number: PL9671465110, KRS: 0001030376, hereinafter referred to as the provider, the contract is concluded.
§ 2 Subject of the contract
This contract regulates the sale of new goods from the provider. For the details of the respective offer, please refer to the product description on the offer page. If the product is manufactured at the customer's request or in accordance with the customer's individual wishes, the supplier's confirmation is decisive. The selection of shape, color, material and construction is considered individual. The provider relies on the customer's communication of special requests in order to fulfill the individual customer order.
§ 3 Conclusion of contract
The contract is concluded for electronic business transactions via means of distance communication such as telephone and email. The offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. By placing an order via email you confirm that you have accepted our terms of use.
The ordering process for concluding the contract includes the following steps:
• Send the order email / call the order hotline
• Confirmation email that the order has been received.
The contract is concluded when an order confirmation is sent. Confirmation of receipt is not an order confirmation. The
Order confirmation will be sent separately after receipt of payment.
If the customer orders the product through a third party, the customer bears the risk of possible limitations on the third party's options.
Billing for a measurement and consulting service:
The customer's agreement on a measurement appointment obliges them to approve the offer made by LeoLoftStudio.
A final offer will be made based on the measurements taken. If the measurement was carried out at the customer's location but the customer does not confirm the final offer, the measurement and travel costs will be invoiced separately. The customer was informed of the costs for this with the offer before the measurements were carried out.
If the conditions for the same (e.g. lack of finished floor construction, unfinished walls, etc.) do not allow the measurement, another measurement appointment can be arranged. Each measurement date and the travel costs incurred will be invoiced.
If the customer wishes to use advisory services in the form of a consultation, this will be charged separately at a flat rate of €60.00 per hour plus 19% VAT or a corresponding partial amount. In addition, a fee of €0.82 including 19% VAT is charged for each kilometer driven. The relevant shortest route from our location in Bydgoszcz (JJ Sniadeckich 4, r 6, 85-011 Bydgoszcz) or from other locations in Germany provided by our partners is decisive for calculating the distance.
§ 4 Retention of title
The provider reserves the right to provide an equivalent service. The service presented on the website leoloftstudio.de is an example and not the individual, contractual service. The provider reserves the right not to provide the promised service if it is not available.
§ 5 Prices, shipping costs, return costs
All prices are inclusive of VAT. In the case of partial deliveries, the flat rate only applies once. In the event of a right of withdrawal and its exercise, the customer bears the costs of return shipping and any loss of value.
§ 6 Payment conditions
The customer pays by bank transfer or instant transfer. Other payment methods are not offered and will be rejected. The invoice amount must be transferred in advance to the account specified there, upon receipt of the invoice or a confirmation letter containing all the information for the transfer and sent by email. The invoice amount can also be paid in cash at the provider's place of business during normal business hours against deduction of shipping costs. Payment is due in advance and without deductions. After receiving full payment, production of the custom product begins.
§ 7 Delivery conditions
Goods production will begin immediately upon receipt of confirmed payment and will be shipped upon completion. Please note that due to the unique and individual design of the product, a specific fixed production time cannot be guaranteed. Production time is typically between 4 and 10 weeks, depending on the complexity of the project. The product will be shipped within a week of completion.
The provider sends the order from the warehouse as soon as the entire order is in stock there. The customer will be informed immediately of any delays. If the provider is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding hedging transaction has been carried out in a timely manner, the provider has the right to withdraw from the contract with the customer with regard to this part. The customer will be informed immediately and services provided, in particular payments, will be reimbursed.
The product is shipped without defects. It is the customer's responsibility to check the goods and their packaging for damage and to promptly report any problems to the carrier/driver. The shipping packaging or transport pallet must be retained for possible returns. The customer must dispose of the packaging material and the transport pallet himself.
The delivery is carried out to the curb. The customer is responsible for accepting or removing a pallet. The carrier is not authorized to take part in the onward transport.
§ 8 Returns
If it has been agreed with LeoLoftStudio to return the goods, the customer must make them available to the appointed carrier in the original packaging at the curb (possibly on a transport pallet) for collection at an agreed date. The customer was asked to keep the original packaging and, if present, the transport pallet for possible returns. Returns are only possible under the same delivery conditions as the delivery. The customer is liable for transport damage caused by improper packaging. The company LeoLoftStudio and the carrier assume no liability.
§ 9 Warranties
All products come with a 2-year guarantee.
The provider is liable in accordance with legal regulations for the quality of the product individually manufactured for the customer upon transfer of risk. The provider is then liable for the suitability of the product for normal use within the framework of the legal regulations.
The provider relies on the communication of special customer requests in order to fulfill individual customer order production. If the customer does not respond to the provider's inquiries or leaves the detailed design of his request to the provider, the provider is not liable for deviations in the actual status of the customer's ideas that were not communicated.
The transfer of risk occurs at the supplier's headquarters or at its production site upon handover to the carrier, unless the product is to be assembled at a location specified by the customer. If the customer orders the assembly of the product, this will take place
Transfer of risk at the assembly site. The customer must check the product for defects after assembly.
The provider is not liable for the suitability of the premises provided by the customer for the installation. This applies in particular to the suitability of walls to support wall cabinets or the static nature of floors to support the weight of the product or multiple products.
The customer is obliged to inform the provider of all circumstances necessary for the installation (e.g. condition of the building structure when installing a door, existing cables, pipes, lines in the wall area, dimensions by presenting a measurement document, structure of the floor - subsoil structure -, condition of walls and lintel, etc.). If the customer violates this obligation, the provider's warranty and liability expire.
Outside the warranty, the provider has unlimited liability if the cause of the damage is due to intent or gross negligence. The provider is also liable for slightly negligent violations of essential obligations (obligations whose violation jeopardizes the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but only for foreseeable, contract-typical damage.
The limitations of liability in the previous paragraph do not apply to injuries to life, body and health, to defects after the assumption of a guarantee and to defects fraudulently concealed.
If the provider's liability is excluded or limited, this also applies to the personal liability of the provider's employees, representatives and vicarious agents.
The provider's employees are not authorized to carry out work that goes beyond the provider's contractual performance obligations. However, if such work is carried out by the Provider's employees at the request of the Customer, this does not affect the contractual relationship between the Provider and the Customer, but constitutes a separate agreement between the contracting parties.
The provider manufactures the product according to the customer's individual wishes. Natural materials are used, and the provider assumes no liability for their nature or natural changes during use.
Customers can find information about natural materials at the following link:
Materials, surfaces, handling & recycling
In the event of a material defect, the customer can first assert his right to subsequent performance, whereby he has the right to choose between the elimination of the defect (repair), the replacement delivery of defect-free goods or a credit note in the agreed amount.
The provider can refuse to carry out repairs or replacement delivery if this is only possible at disproportionate costs and the other type of supplementary performance does not pose any significant disadvantages for the customer.
The customer can withdraw from the contract or demand a reduction in the purchase price if subsequent performance has failed or was not carried out within a reasonable period of time or was finally refused by the provider.
If the customer decides to withdraw, he must return the defective goods and pay compensation for the benefits obtained. The determination of the value depends on the proportional straight-line depreciation in comparison between the actual useful life and the probable total useful life.
The warranty does not cover damage for which the buyer is responsible, such as: B. Damage caused by natural wear and tear, moisture, excessive heating of the rooms, intense exposure to sunlight or artificial light, other temperature or weather influences or improper handling by the customer. Damage or defects in non-visible areas or areas that are not affected by use are also excluded from the warranty and do not constitute a defect.
Steel:
Metal or steel structures are manufactured in accordance with DIN EN ISO 13920 with tolerance deviation options.
A high proportion of manual work is carried out in the manufacture. Reasonable unevenness on surfaces, structures, welds, etc. shall be tolerated.
Steel profiles purchased for the manufacture of the products are also subject to the respective material tolerances in terms of hardness, surface, dimensions, bending, shape, etc.
Powder coating:
Steel surfaces are covered with an industrial powder coating (not clean room powder coating). Appropriate tolerances apply according to the Quality Association for Industrial Coatings (QIB – stress group I and QIB – optics 2). Standard level with usual requirements (e.g. housing parts for control cabinets, etc.), viewing distance at least 1.5 m; 3 seconds
Craters, bubbles and inclusions: max. 30 pieces ≤1.0mm2 per m2; max. 8 pieces ≤1.0mm2 per 100 cm2 max. 5 pieces ≤1.5mm2 per m2; max. 3 pieces ≤1.5mm2 per 100 cm2
Color runs and accumulations: permitted and in some cases a maximum of three times the layer thickness is permitted
Orange peel (does not apply to textured paint): no requirements
Differences in gloss: without requirements - The following tolerance limits generally apply to metrological assessments of industrial coatings by reflection measurement in accordance with DIN EN ISO 2813 (measuring geometry 60°):
– glossy surface: 71 to 100 E (± 10 E) – semi-matt surface: 31 to 70 E (± 7 E) – matt surface: 0 to 30 E (±5 E)
Further properties can be found in the requirements table “Evaluation criteria, minimum requirements for characteristics and level”.
Construction:
• We attach great importance to functionality, but also to the longevity and robustness of the products. Special solutions are often used to implement a unique design.
Here, the focus is on robustness and longevity instead of optimal user comfort.
• Only externally visible surfaces should be reported for defects. Defects on internal, invisible surfaces are not considered material defects and are excluded from the warranty and cannot be criticized.
• Products can be delivered pre-assembled/assembled. We pay attention to simple construction. As a result, products may be large, heavy and bulky upon delivery. The customer must ensure that the goods are received and transported properly. As a manufacturer, we have no influence on transport problems at the customer's location. The customer takes care of this before purchasing
Transport options for the product.
Transmission of measurements and resulting production:
If the customer himself specifies the dimensions for the production of elements, these must be recorded in a separate “dimension sheet” form. The customer is liable for the dimensional data recorded there and their accuracy. The customer is aware that corresponding tolerances, undersizes, etc. are accepted if they are specified in the offer or order. For example, steel attics are manufactured with an undersize of at least 5 mm on each side (starting from the smallest measured value). Further calculations are included if necessary. The customer must check the quotation with the product dimensions. Customer must bear any incorrect designs due to incorrect dimensional data.
Customer assembly:
If a customer assembles a product themselves, the warranty is void due to possible installation errors, non-communicated specifics and deviations from tolerances (during construction). The customer is responsible for ensuring that the product is installed and used safely. Corresponding claims for damages do not apply to incorrect installations. The manufacturer is not obliged to provide evidence of defects in the installation to the customer.
Warranty claims only apply to products manufactured by the manufacturer. Not for their installation. Damage caused by installation is excluded from the warranty. The customer must prove that a defect existed before installation.
The customer agrees to take into account installation methods, building regulations, tolerances during construction, etc.
Installation by the manufacturer
The customer must provide the manufacturer with all important information for the installation of built-in elements before ordering. Important information includes: b.
Dimensions (transmitted through a measurement document), structure of the floor, e.g. B. what underground structure was present (e.g. underfloor heating), how the walls and the lintel were designed. Based on this information, the manufacturer can make appropriate structural adjustments to the product.
The customer undertakes to ensure the installation position in accordance with the applicable building regulations.
If the installation elements cannot be installed due to the submission of incorrect and/or incomplete installation-related installation information (e.g. no prior information about underfloor heating, steel beams in the lintel that cannot be processed, etc.) and/or insufficient site preparation, the customer is responsible the costs for further installation after more difficult effort (possibly with another offer). Assembly of the product may also be refused by the provider due to incorrect information provided by the customer. In this case, the customer must pay the retail price of the product even without assembly service. Costs for an aborted installation will be charged to the customer.
§ 10 Withdrawal by the customer
In the event of withdrawal and return of delivered goods, the provider is entitled to demand the following compensation for expenses, transfer of use and reduction in value:
Compensation in the amount of expenses incurred in connection with the contract, such as transport and assembly costs, etc.
In contrast to our flat-rate claims, the customer is entitled to prove that the provider incurred little or no loss.
This does not apply to withdrawal from the contract as a result of effective withdrawal after unsuccessful supplementary performance or to cases of withdrawal and the associated unrestrictions.
§ 11 Default in the event of default in acceptance
If the customer remains silent or expressly rejects payment and/or acceptance after a deadline set in writing under threat of withdrawal after a reasonable period of time has expired, the provider's claim to fulfillment of the contract remains valid. Alternatively, the provider can withdraw from the contract and/or demand compensation instead of performance, in accordance with.
If the customer delay lasts longer than one month, the customer must pay the storage costs incurred.
The provider can also hire a freight forwarder for storage.
As compensation instead of performance in the event of the customer's default, the provider can demand 20% of the purchase price without deductions, unless the customer can prove that no damage occurred or that it did not amount to the flat rate.
In the case of particularly high damage, e.g. B. in the case of custom-made products, the seller reserves the right to claim proven higher damages instead of the flat rate compensation.
§ 12 Right of withdrawal
The customer has the right to withdraw from this contract within fourteen days without giving any reason if it was concluded using means of distance communication. The cancellation period is fourteen days from that day
• In the case of a sales contract: in which the customer or a third party designated by him, other than the carrier, has acquired possession of the last goods.
• In the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately: in which the customer or a third party designated by him, other than the carrier, has acquired possession of the last good .
• In the case of a contract for the delivery of goods in several partial consignments or pieces: in which the customer or a third party designated by him, other than the carrier, has acquired possession of the last partial consignment or piece.
• In the case of a contract for the regular delivery of goods over a fixed period: on which the customer or a third party designated by him, other than the carrier, has acquired possession of the first goods. If several alternatives come together, the last point in time is decisive.
In order to exercise the right of withdrawal, the customer must send us a clear statement (e.g. a letter sent by post, fax or email) about his decision to withdraw from this contract. To do this, he can use the attached sample cancellation form, although this is not mandatory.
The cancellation period is met if the cancellation notice is received by the provider in a timely manner.
Consequences of revocation
If the Customer withdraws from this contract, the Provider will retain all payments already made by the Customer, including delivery costs (except for additional costs resulting from the Customer choosing a method of delivery other than that offered by the Provider). has chosen standard delivery) immediately and at the latest within fourteen days from the day on which the provider received notification of the cancellation of this contract. The same payment method that the customer used in the original transaction will be used for the repayment, unless expressly agreed otherwise. In no case will the customer be charged any fees for this repayment. The provider can refuse the repayment,
The customer must return the goods immediately and in any case no later than fourteen days from the day on which he informed the provider of the cancellation of this contract to LeoLoftStudio, J.J. Sniadeckich 4, r 6, Bydgoszcz, Poland 85-011, return or hand over. The deadline is met if the customer sends the goods before the fourteen day period has expired.
The customer bears the direct costs of returning the goods. The customer must organize the return independently. The customer is liable for any loss in value of the goods if the loss in value is due to handling of the goods that was not necessary to check the nature, properties and functionality of the goods. End of revocation.
§ 13 Exclusion of the right of withdrawal for custom-made products, individual production
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.
§ 14 Liability
Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the provider's representatives and vicarious agents if the customer asserts claims for damages against them. Claims for damages by the customer due to injury to life, body, health or essential contractual obligations that must be fulfilled to achieve the purpose of the contract are excluded. This also does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
§ 15 Prohibition of assignment and pledging
The customer's claims or rights against the provider may not be assigned or pledged without the provider's consent.
§ 16 LeoLoftStudio copyrights
The documents and offers created by LeoLoftStudio are the property of LEOLOFTSTUDIO SP.Z O.O. The use of the documents, offers and representations by third parties, e.g. B. by obtaining other offers is prohibited. In the event of a violation, a contractual penalty of €3,000.00 will be charged.
§ 17 Language, place of jurisdiction and applicable law
The contract is drawn up in German and Polish. The further implementation of the contractual relationship takes place in German and Polish. Polish law applies. For consumers, this only applies to the extent that it does not restrict any legal provisions of the country in which the customer has his or her place of residence or habitual abode. The place of jurisdiction is agreed to be the registered office of the provider.