1 General

1. For business relations of any kind, between the company flexolan GmbH and the customer, the subsequent, general buisness-conditions apply. Notwithstanding terms or general business-conditions of the customer are not acknowledged by us, except, something else has been agreed in written form. 2. Our product-offers at the online shop, as well as miscellaneous offers, which are submitted by telephone, telefax, internet, email or any other way, become not binding before the company flexolan foam GmbH has been confirmed those in written form, resp the goods have been brought to delivery and/or an invoice has been issued.Through clicking on the button "Order", a binding order of the goods, containing in the shopping cart, is placed by the customer. The confirmation of the order`s receipt occurs immediately after the submission of the order. This receipt-confirmation-mail doesn`t constitute a purchasing agreement. The purchasing agreement results from the sending of an order acceptance or by the delivery of the goods at the latest. 3. If it becomes apparent that the goods aren`t available, after the conclusion of the contract has taken place, the company flexolan GmbH reserves itself the right, to unperform the guaranteed service, although an accordant hedge has been concluded. In such cases, the customer will be immediately informed. Any eventual services in return, which might have been rendered by the customer, will be repaid, promptly.

2 Delivery

1. As soon the delivery or a partial delivery is handed over to a carrier by the company flexolan GmbH, the transport risk is transferred to the customer ( § 474 BGB ). This does not apply, if the customer is a consumer (§ 474 Sec.2 BGB ). The delivery be processed to the dispatched address, the customer has given.The transfer is presumed to have taken place even if the customer has delayed actual receipt of goods. 2. All prices are cash-prices incl. VAT plus possibly incurring packing- or transport costs (shipping-costs). The goods are to be inspected for transport damages, immediately after receipt through the customer or his delegated. Detectable transport damages must be told in writing without delay. Packing damages must have been approved in writing from the carrier, at receipt of the goods, by the customer. 4. Details on delivery terms are regularly non-binding, except a certain term of delivery has been agreed in written form. 5. Claims for damages for non-performance or delays against the company flexolan GmbH are excluded, provided it has been occurred neither in intend, nor in culpable negligence, or in matters of breaches of a contractual primary obligation (cardinal obligation) through the company flexolan  GmbH. The liability exclusion applies neither at damages resulting from injuries of the life, the body or the health, which are basing on the negligent obligation breach of the company flexolan GmbH, or an intending or negligent obligation breach of a legal representative, or performing agent of the company flexolan GmbH

3 Withdrawal rights for customers

You have the right to withdraw from this contract without stating a reason within 14 days. The withdrawal period consists of 14 days from the day that you, or a third party acting on your behalf

 flexolan GmbH , Magirus-Deutz-Straße 12, 89077 Ulm, Fax: 0049 - 731 - 96 589 156, Tel. 0049 - 731-96589150

with a clear explanation (eg. by posting a letter, fax or email) of your decision to withdraw from the contact. You can use the withdrawal form template provided, but this is not required. 

The return address differs from the company address. Returns can only be sent to the following address:

SET Spedition und Logistik GmbH
Fachbereich Flexolan
Eislinger Str. 66
73084 Salach, Germany

In order to validate the withdrawal period, you need to notify us of your intention to exercise your withdrawal right before the end of the withdrawal period. The withdrawal right does not apply for goods which have not been pre-fabricated and which have been manufactured according to the individual choice or requirements of the customer. This also includes products from the acoustic image and ceiling panel categories, as well as products from the custom order configurator, which are manufactured according to the customer's requirements.

Consequences of withdrawal:

If you withdraw from the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs incurred if you have chosen a delivery method different to our standard delivery), without delay, and within fourteen days from receiving your revocation from the contract.

For the refund, we will use the same payment method that you used to make the original transaction, unless we have agreed otherwise with you. Under no circumstances will charges be added to the refund. We reserve the right to refuse to issue the refund until we have received the returned items, or until we have received evidence that you have returned the items – depending on which of these arrives sooner. You need to return the goods without delay and in any circumstance, within fourteen days at the latest from the day on which you contacted us about your withdrawal from the contract. The deadline will be deemed as met if you dispatch the goods before the end of the fourteen day period. You are responsible for the direct costs of returning the goods. You only need to pay for any faults of the goods if these faults have been caused by unnecessary usage by you, according to a test for quality, properties and functionality.

End of withdrawal policy information

4 Guarantee and claims for damages

1. Defects or damages, which are resulting from culpable or improper treatment or improper mountings, as usage of unsuitable accessoiries or modifying of the original parts through the customer or a third person, who has not been engaged by the company flexolan GmbH, are excluded from the guarantee. 2. The term of guarantee for new items runs for two years ex the passing of the risk, provided the customer is consumer. The guarantee term for used items applies for one year, if the customer is consumer. In case that the customer is trader in terms of §14 BGB, the guarantee period runs for new items for one year, as the guarantee for used items is excluded. 6. If the case of a defect at the sales item occurs, which is to be accepted by the company flexolan GmbH., the company flexolan GmbH is authorized of defect retification or replacement delivery, due to the choice of the customer. If the customer is consumer in terms of §13 BGB, firstly he`s got the choice, if the supplementary performance by rectification of the damage or replacement shall effect. But the company flexolan GmbH is authorized, to deny the kind of the chosen supplementary performance, if it was only possible with unproportionate costs and the other kind of supplementary performance remains without substantial disadvantages for the consumer. The company flexolan GmbH. remedies the defect to its own account.In accordance to the reshipment of the goods, the declarations of the money-back guarantee, mentioned at the top, apply. Provided, that the company flexolan GmbH is unwilling to this service, or if this one delays beyond an appropriate time-period, dued to reasons, which must be accepted by the company flexolan GmbH., or if the rectification of the defect/ replacement delivery fails as a result of any other reasons, the customer becomes authorized by his own choice, to withdraw from the contract or to demand a appropriate reduction of the sales-price (abatement), resp. to demand the miscellaneous, mentioned legal consequences in terms of § 437 BGB. In case of minor defects only, the customer has no right of withdrawal. 7. As far as nothing else results out of Nr.8,further claims of the customer - irrespective of what legal basis -are excluded. Particularly, claims for damages in the framework of the guarantee due to consequential harms caused by a defect, injuries of contractual secondary obligations, consultation-mistakes or out of unauthorized activity against the company flexolan GmbH. or its delegates, resp. performing agents, are excluded. This applies especially for losses of profit or any other financial damages of the customer. 8. The aforementioned liability exclusion doesn`t apply, if the damage bases on intent or culpable negligence, or in matters of breaches of a contractual primary obligation (cardinal obligation) through the company flexolan GmbH. The liability exclusion applies neither at damages resulting from injuries of the life, the body or the health, which are basing on the negligent obligation breach of the company flexolan GmbH, or an intending or negligent obligation breach of a legal representative, or performing agent of the company flexolan GmbH. 9. A liability for the included adhesives or plates with adhesive-back, which shall hold on all surfaces, can`t be assumed by us. Particularly at drenched, dusty or oily surfaces or mountings at exterior facilities. A claim for a certain bonding strength is thus be excluded by us.

5 Maturity date and terms of payment

1. The invoices of the company flexolan GmbH are - as far as there has nothing else agreed in writing - payable immediately and without deduction. 2. In case, that the customer`s payment of the sales-price delays, the sum of the sales-price during the delay brings 5 % interest above the prevailing basis interest loan of the European Centralbank ( see for the current basis interest loans "bundesbank.de") If the case of an approvable higher damage caused by delay at the company flexolan GmbH occurs, the company flexolan GmbH is authorized to assert this one.

6 Reservation of proprietary right

1. Until the fully payment of all existing claims against the customer, including all incidental claims of the prevailing contractual relation, the delivered goods remain at the property of the company flexolan GmbH At contracts with consumers, §13 BGB, the company flexolan GmbH reserves itself the property until the entire payment of the sale-price. 2.The customer is not authorized, to dispose the goods to third parties, or to capture other measures, which endanger the property of the company flexolan GmbH , until the fully payment of the sales-price. By now, the customer does already assign his potential claims to the purchaser in amount of the sale-price, which has been agreed between the company flexolan GmbH. and the customer, inclusive interests and incidental claims to the company flexolan GmbH The company flexolan GmbH accepts this assignment. 1. Only German law applies. 2. Place of fulfilment for all services resulting from the existing business relations with the company flexolan GmbH is Ulm. This doesn`t apply, if the customer is consumer. Provided, that several of these terms - for whatever reason - are not executed, the effectivity of the remaining clauses won`t be affected.

7 Place of fulfilment and jurisdiction

1. Only German law applies. 2. Place of fulfilment for all services resulting from the existing business relations with the company flexolan GmbH is Ulm. This doesn`t apply, if the customer is consumer.

8 Final clause

Provided, that several of these terms - for whatever reason - are not executed, the effectivity of the remaining clauses won`t be affected.

flexolan  GmbH , Magirus-Deutz-Straße 12, 89077 Ulm, Germany

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