General Terms and Conditions (GTC)

Smart ModulHaus GmbH, Adlerstraße 34, 90403 Nuremberg

§ 1 Scope

(1) These General Terms and Conditions (hereinafter „GTC“) apply to all contracts relating to the purchase and/or supply of mobile and modular buildings and houses, saunas and containers, as well as associated transport, assembly and consultancy services (hereinafter referred to as „Products“) between Smart ModulHaus GmbH (hereinafter referred to as the „Seller“) and its customers (hereinafter referred to as the „Customer“).

(2) These General Terms and Conditions apply both to consumers (Section 13 of the German Civil Code (BGB)) and to businesses (Section 14 of the German Civil Code (BGB)), unless individual clauses make a distinction between customer groups.

(3) Any terms and conditions of the customer that differ from, conflict with or supplement these terms and conditions shall only form part of the contract if the seller has expressly agreed to their validity in writing.

§ 2 Conclusion of the Contract

(1) The presentation of the products on the website does not constitute a legally binding offer, but rather a non-binding invitation to make an offer (invitatio ad offerendum).

(2) By submitting an enquiry or order via the contact form or by email, the customer makes a binding offer to enter into a contract.

(3) On this basis, the seller shall draw up a bespoke quotation setting out the scope of services, price, and terms of delivery and payment. The contract shall not be concluded until the seller has confirmed this quotation in writing (e.g. by email) or has commenced performance.

§ 3 Prices and Terms of Payment

(1) The prices stated in the relevant individual quotation shall apply. Unless otherwise stated, all prices are quoted in euros plus statutory value added tax.

(2) Payment shall be made exclusively by bank transfer to the account specified by the seller.

(3) Unless otherwise agreed in the quotation, the purchase price shall become due for payment upon conclusion of the contract. In the case of bespoke products, a deposit and payment in instalments in line with the progress of the work may be agreed.

(4) The customer shall be in default of payment in accordance with the statutory provisions (Sections 286 et seq. of the German Civil Code (BGB)).

§ 4 Delivery

(1) Delivery is available within the EU and to Switzerland.

(2) Unless otherwise agreed in the individual quotation, the delivery time is approximately 3–4 months from the date the contract is concluded or from receipt of the agreed deposit. This is an approximate figure and is not binding.

(3) The customer is responsible for the transport and delivery costs. The amount of the transport costs is set out in the individual quotation.

(4) If delivery is delayed due to circumstances beyond the Seller’s control (force majeure, supply bottlenecks at upstream suppliers, etc.), the delivery period shall be extended accordingly. The Seller shall inform the Customer of this without delay.

§ 5 Retention of title

The goods supplied shall remain the property of the seller until all claims arising from the contractual relationship have been paid in full.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) If the customer is a business, they must give written notice of any obvious defects within two weeks of receiving the goods; otherwise, they shall be precluded from asserting any warranty claims, unless the defect was not apparent upon inspection. The notice shall be deemed to have been given in good time provided it is dispatched in good time.

(3) In relation to consumers, the statutory warranty periods shall apply without being subject to the restrictions set out in paragraph 2.

§ 7 Liability

(1) The seller shall be liable without limitation for damage resulting from injury to life, limb or health arising from an intentional or negligent breach of duty, as well as for any other damage arising from an intentional or grossly negligent breach of duty or fraudulent misrepresentation on the part of the seller.

(2) In the event of damage arising from a breach of essential contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely, the seller’s liability in cases of slight negligence shall be limited to the foreseeable damage typical for this type of contract.

(3) In all other respects, the seller’s liability is excluded. The provisions of the Product Liability Act remain unaffected.

§ 8 Right of withdrawal for consumers

(1) Consumers are generally entitled to a statutory right of withdrawal.

(2) However, the right of withdrawal applies not in the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs (Section 312g(2)(1) of the German Civil Code (BGB)). As our modular buildings/houses/saunas/containers are regularly configured and manufactured to individual specifications, the right of withdrawal is excluded in these cases.

§ 9 Governing Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a trader, a legal person governed by public law or a special fund governed by public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office (Nuremberg).

(3) In relation to consumers, this shall apply only insofar as the consumer does not have a general place of jurisdiction in Germany or the EU, or moves their place of residence abroad after the conclusion of the contract.

§ 10 Final Provisions

Should any individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.