General Terms and Conditions
1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (volatiles technologies GmbH, Uetzer Steig 26, 14089 Berlin, Germany) via the www.volatiles.de online shop.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘business’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of lighting products.
(2) The visual representation of the product in the online shop or in general on our website should not be seen as legally binding for a later purchase transaction. Mosaic tiles, wood, concrete and precious stone are products either made by nature or made in an artisanal way, which lead to significant variations in colour, patterns and texture. Visualization on a computer screen is not an accurate representation of the real material. Such deviations do not constitute a defect in a legal sense. We also point out that the surface materials can be subject to colour deterioration in case of prolonged UV exposure (by sunlight), inappropriate daily use or inappropriate cleaning.
(3) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(4) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. If you used an instant payment system (e.g. PayPal, Stripe, etc.) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. By clicking the “Place Order” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially automated manner. Consequently, you should ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you should ensure that the respective e-mails are not blocked by a SPAM filter.
3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time- limit does not apply:
• to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
• insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
• to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
• for statutory recourse claims, which you have against us in connection with warranty rights.
5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
6 Prices and payment arrangements
(1) The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
(2) The shipping costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
(3) If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
(4) The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
(5) Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become due immediately.
7 Delivery conditions
(1) The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
(2) If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation. If you are a businessman, the delivery and shipping operations take place at your own risk.
8 Returns & Refunds
(1) According to §312g BGB (German civil code), the supplier can exclude the right of revocation from a purchase contract under certain conditions incl. the delivery of made-to-order, not pre-fabricated goods or upon clear instructions from the customer. This applies to all lighting products of volatiles technologies.
(2) By using real wood, real natural stone, concrete and glass mosaic tiles, the material applied is subject to great variations in colour, patterns, and texture. Every panel we ship is unique and cannot be replicated. Since the materials are ordered and processed to exact specifications of a specific order, the items cannot be returned.
(3) We do reserve the right to decide on a case-by-case whether to refund a customer under certain restrictive conditions and within short time frames on a voluntary basis.
Correct as of 2023.
