GTC

General Terms and Conditions and Customer Information

English translation. In case of doubt, the German version is legally binding.

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Demotex GmbH) via the website www.barockgrosshandel.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract on the terms stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". You can open the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.

After opening the "checkout" page and entering your personal data as well as the payment and shipping terms, all order data are displayed once again on the order overview page.

If you use an instant payment system (e.g. PayPal) as the payment method, you will either be taken to the order overview page in our online shop or first be redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you will be returned to the order overview page in our online shop.

Before submitting the order, you have the opportunity to check all details once again, to change them (also via the "back" function of the internet browser) or to cancel the purchase.

By submitting the order via the "buy" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of a quotation are not binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and in particular not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You will provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail without delay after conclusion of the contract at the latest. Any specifications we make regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of the legal representation required in this connection.

(3) We do not check the transmitted data for correctness of content and therefore accept no liability for errors.

§ 4 Special Agreements on the Payment Methods Offered

(1) We offer you the following payment methods: credit card (Visa, Mastercard, Maestro, American Express, UnionPay), PayPal and prepayment by bank transfer.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the reserved goods has passed, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory rights in respect of defects apply.

(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed agreed as the quality of the item, but not other advertising, public promotions or statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you may at your discretion demand a price reduction or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless anything else results in particular from the nature of the item or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs resulting from moving the goods to a place other than the place of performance, provided the moving does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- to damage attributable to us and culpably caused resulting from injury to life, body or health, and to other damage caused intentionally or through gross negligence;

- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;

- to items that have been used for a building in accordance with their customary use and have caused its defectiveness;

- to statutory rights of recourse that you have against us in connection with rights in respect of defects.

§ 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (favourability principle).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

Demotex GmbH
Hammer Str. 64
45239 Essen
Germany
Phone: 004920136577485
E-mail: info@barockgrosshandel.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are governed by the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes. For deliveries to consumers in other EU member states, the VAT rate of the country of delivery applies. Businesses with a valid VAT identification number in another EU member state receive the delivery without VAT (reverse charge procedure). For deliveries to countries outside the European Union, prices are exclusive of VAT.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. Import VAT and customs duties of the country of destination are paid by the recipient upon delivery to the carrier or the customs authority.

5.4. Costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Terms

6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during shipment passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).