§ 1 Scope

1. These General Terms and Conditions of Sale and Delivery apply only to contracts with entrepreneurs within the meaning of § 14 BGB, legal entities under public law, or special public funds ("customer").

2. The contractual relationship between the customer and us is governed exclusively by these General Terms and Conditions of Sale and Delivery. Divergent terms and conditions of the customer are expressly rejected. Only these terms and conditions apply, even if we unreservedly execute delivery to the customer in the knowledge of opposing or differing terms and conditions of the customer.

3. Subject to a change in our General Terms and Conditions of Sale and Delivery, these contractual conditions are also to be applied to future contracts between us and the customer, without the need for their re-inclusion.

§ 2 Declarations of Contract

1. Unless the circumstances indicate otherwise, our offers are merely invitations to the customer to submit definite contract offers to us ("invitatio ad offerendum"). We are entitled to accept contract offers from the customer within three weeks. During this period, the customer is bound to their declarations of intent.

2. When accepting orders, we assume the creditworthiness of the customer and reserve the right in individual cases to make the acceptance of the customer's order dependent on the provision of a bank guarantee or liquidity commitment from the customer's home bank in the amount of the expected invoice claim. If the lack of creditworthiness becomes known only after the conclusion of the contract, we can, after consultation with the customer, withdraw from the contract or demand security within one week.

3. Our contract offers are non-binding unless otherwise stipulated in the order confirmation.

4. All agreements made between us and the customer for the execution of this contract must be documented in writing.

5. The customer can only rely on the legal validity of agreements made with employees without a register of commerce entry granting representation rights when confirmed in writing by management.

§ 3 Prices

1. Unless otherwise stated in the order confirmation, our prices are net (without VAT) "ex works". In addition, VAT is added at the applicable rate.

2. All taxes and other charges incurred in the country of receipt for deliveries and services are borne by the customer.

3. Discounts granted to the buyer are only provided for smooth business transactions. They cease to apply particularly if the opening of insolvency proceedings over the buyer's assets is requested, the buyer does not settle the claim within the payment period set for them, or if a legal dispute between the buyer and us is pending in connection with this contract.

§ 4 Payment Terms

1. The customer must fulfill our payment claims immediately and without deduction. A cash discount deduction requires a special written agreement. Bills and checks will only be accepted on a fulfillment basis and by special agreement.

2. The customer is only entitled to offsetting rights if their counterclaims are legally established, undisputed, or recognized by us. The customer is not entitled to a right of retention due to disputed and not legally established counterclaims.

§ 5 Default of Payment

The customer will be in default, subject to an earlier reminder, at the latest 14 days after the due date and receipt of an invoice or an equivalent payment request.

§ 6 Right of Withdrawal

We are entitled to withdraw from the contract if there is a significant deterioration in the customer's financial situation, especially if they are subject to seizures or other enforcement measures or if judicial or extrajudicial insolvency proceedings are opened.

§ 7 Customer's Obligation to Pay Damages

If we have a claim for damages instead of fulfillment against the customer according to the legal provisions, this amounts to a flat rate of 10% of the agreed purchase price, subject to proof of greater damage by us. The customer is entitled to prove that no damage has occurred or that the damage is significantly lower than the flat rate.

§ 8 Services

In the absence of contrary agreements, we are entitled to partial deliveries and partial services, provided the deviation is within the customary commercial tolerances or if the delivery item consists of various non-associated furniture.

§ 9 Delivery Time

1. Agreed delivery periods are approximate and subject to correct and timely self-delivery.

2. Compliance with our delivery obligation requires the timely and proper fulfillment of the customer's obligations.

3. Delivery periods are extended in cases of force majeure and the occurrence of unforeseen events that we are not responsible for, including when they occur in our plant or at a subcontractor, for the duration of the obstacle. Specifically, this includes: operational disruptions, strikes, or lockouts at us or our suppliers, delays in the delivery of essential raw materials. Proof of a causal connection between the aforementioned cases and the late delivery cannot be required.

4. If the delivery is not possible for one month due to the reasons mentioned in paragraphs 2 and 3 without this being our responsibility, we have the right to withdraw from the contract.

5. Failure to comply with delivery dates and deadlines, taking into account an extension following paragraphs 2 and 3, entitles the customer to assert the rights to which they are entitled, especially the right of withdrawal, only if they have set us a reasonable deadline in writing, amounting to at least 14 days.

6. Any claims for damages due to delayed delivery are limited to 15% of the purchase price (net), unless the delay in delivery was caused intentionally or through gross negligence.

7. If the customer, despite notification of dispatch readiness, does not collect the goods from the place of fulfillment within 14 days, we are entitled to withdraw from the contract and sell the goods elsewhere. The customer bears any incurred storage costs and the risk of storage.

§ 10 Place of Performance, Transfer of Risk, Delivery

Unless otherwise agreed, delivery is "ex works" (EXW) Löhne according to Incoterms 2010.

§ 11 Conformity of Goods

1. The conformity of the goods is determined by the contractual agreements. We do not assume a no-fault guarantee for this unless explicitly specified. This also applies to references to DIN standards.

2. Commercial deviations in design, structure, colors, and dimensions of the purchased goods, which are due to the nature of the materials used, do not entitle the customer to assert warranty claims if the value of the purchased item or its suitability for general or contractually stipulated use is only insignificantly reduced.

§ 12 Obligation to Examine and Give Notice of Defects

Deliveries must be examined by the customer or by the recipient specified by the customer immediately upon receipt. After unconditional acceptance of the goods by the customer or a person commissioned by them, any subsequent complaint regarding the external condition of the delivery is excluded. Other defects in the goods can only be reported if they are recognizable within 3 working days after receipt, otherwise only within 3 working days after discovery. Complaints must be made in text form.

§ 13 Warranty

1. If there is a defect in the purchased item and this is reported in good time, we will initially provide warranty at our discretion either by delivering defect-free replacement goods or by rectifying the delivered goods ("supplementary performance"). Defective goods may only be returned to us with our prior consent. If the goods are returned without our prior consent, we are entitled to refuse acceptance.

2. In the event of supplementary performance, the customer is entitled to reduce the agreed purchase price, withdraw from the contract, or demand damages due to defective delivery, under the conditions of § 14, only after two unsuccessful attempts.

3. The limitation period for all warranty claims is 24 months. The delivery of replacement goods is exclusively in fulfillment of our warranty obligations for the original goods.

4. If the customer is held liable by a consumer in the sense of § 13 BGB as a result of a defect when reselling the goods, the recourse of the customer against us, subject to any claims for damages regulated in § 14 of these sales and delivery conditions, is based on the legal provisions of §§ 478, 479 BGB. The same applies if the customer is held accountable by another intermediary in the supply chain due to warranty claims from a consumer.

§ 14 Liability

1. Our liability is generally limited to damages caused by us or our vicarious agents intentionally or through gross negligence. We are only liable for simple negligence in the event of injury to life, body, or health and the violation of cardinal obligations. A cardinal obligation is an obligation whose fulfillment enables the proper execution of the contract and on whose compliance the customer regularly relies or may rely.

2. If we are liable for breaches of duty due to simple negligence, our liability in terms of amount is limited to the typical damages foreseeable at the time of the conclusion of the contract or at the latest when the breach of duty was committed. This does not apply in the event of injury to life, body, or health.

3. Claims for damages, which do not legally require fault, remain unaffected by the regulations in paragraph (1) and paragraph (2).

§ 15 Retention of Title

1. All deliveries are made under the retention of title. The delivered goods remain our property until full payment of all claims which we currently or in the future have against the customer. The customer is revocably permitted to process or resell the delivered goods in the ordinary course of business. In the event of the customer's contravention of the contract, particularly in the event of default in payment, we are entitled to assert rights from the retention of title, especially the repossession of the goods delivered under retention of title, without a prior withdrawal from the respective purchase contract.

2. If the reserved goods are processed into a new movable item, the processing is always carried out for us, without creating any obligations for us. The new item becomes our property. If the reserved goods are processed with other objects not belonging to us, we acquire co-ownership of the new item in proportion to the value of our reserved goods compared to the other processed objects at the time of processing. Otherwise, the same applies to the new movable item created by processing as to the purchased item delivered under reservation.

3. If the reserved goods are combined, mixed, or blended with other objects not belonging to us, we become co-owners in accordance with the legal provisions. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportional co-ownership to us. The customer must store the items owned or co-owned by us free of charge.

4. In case of the resale of the reserved goods, the customer hereby assigns all claims they have against their customers or third parties from the resale, regardless of whether the delivered goods have been resold without or after processing; we hereby accept the assignment. If the resold reserved goods are in our co-ownership, the assignment of claims includes the amount corresponding to the proportional value of our co-ownership. If the customer cannot assign claims in accordance with the previously mentioned regulations, particularly due to prior assignments to third parties, the resale does not take place within the scope of orderly business transactions within the meaning of this provision. The customer is entitled to collect the claims assigned to us until our revocation. Our right to collect the claim ourselves remains unaffected. However, we undertake not to collect the claim as long as the customer fulfills their payment obligations from the collected proceeds, does not fall into arrears, and in particular, no application for the opening of insolvency proceedings has been filed, or cessation of payments is present. If this is the case, we can demand that the customer discloses the assigned claims and their debtors to us, provides all the information necessary for collection, hands over the relevant documents, and notifies the debtors (third parties) of the assignment. We are authorized to inform the debtor of the assignment ourselves.

5. The customer must promptly inform us of enforcement measures or other interventions by third parties concerning the reserved goods or the assigned claims, providing the documents required for a procedure. If the third party is unable to reimburse us for the judicial and extrajudicial costs, the customer is liable for the loss we incur.

6. Upon cessation of payments, application for and opening of judicial insolvency proceedings, or extrajudicial composition proceedings, the right to resell, use, or install the reserved goods and the authorization to collect the assigned claims ceases; in the case of check or bill protests, the authorization to collect also ceases.

7. We are obliged to release securities owed to us at our own discretion if their estimated value exceeds 150 percent of the sum of the outstanding claims.

§ 16 Place of Performance

Unless otherwise stipulated in these terms and conditions and the order confirmation, our place of business is the place of performance for all reciprocal obligations.

§ 17 Applicable Law

The law of the Federal Republic of Germany, excluding the UN Sales Convention, is applicable to all legal relationships between us and the customer arising from or in connection with this contract.

§ 18 Jurisdiction

The place of jurisdiction for all disputes between us and domestic customers arising from or in connection with this contract is our place of business or, at our discretion, the general or special place of jurisdiction of the customer, provided the customer is a merchant, legal entity under public law, or a special public fund, and the legal dispute does not concern a non-monetary claim assigned to the local courts regardless of the value of the subject of the dispute, nor an exclusive place of jurisdiction is constituted. The same applies to legal disputes with persons who have moved their residence or habitual residence out of the area of application of the German Code of Civil Procedure after the conclusion of the contract or whose residence or habitual residence is unknown at the time of filing the complaint.

§ 19 Data Protection

We point out in accordance with § 33 of the Federal Data Protection Act that data collected in connection with the business relationship is stored in files.

Participation Conditions Nolte Küchen Instagram / Facebook Contests

These conditions apply when you participate in contests on Nolte Küchen's Social Media Accounts on Facebook and Instagram. We do not recognize conditions of the participant that contradict or deviate from our terms and conditions.

1. The contest is organized by Nolte Küchen GmbH & Co. KG, based at Anni-Nolte Straße 4, 32584 Löhne.

2. The contest is not supported by Meta Platforms, Inc. (Facebook/Instagram), is not connected to Instagram/Facebook, and accordingly, Instagram/Facebook is not the point of contact for questions.

3. Eligible participants are all Instagram/Facebook users residing in Germany and Austria who have reached the age of 18.

4. Participation requires a valid Instagram/Facebook account.

5. Employees of Nolte Küchen GmbH & Co. KG and their relatives are excluded from the contest.

6. The selection of the winners is made by Nolte Küchen using a random principle.

7. Your participation requires that you subscribe to the Instagram pages @noltekuechen_official and the cooperation site during the contest period and meet the other requirements of the respective post.

8. Among all participants, the winners will be determined and notified by direct message two days after the end of the contest period by Noltekuechen_official. If the winner does not respond within 48 hours after notification of the win or does not wish to provide the necessary data, their claim to the prize will expire, and a substitute winner for the prize will be determined following the same procedure. The participant is responsible for the accuracy of the provided data.

9. We reserve the right to exclude any participant from participation who violates our guidelines or their warranties and representations. This is also possible retrospectively.

10. We reserve the right to interrupt or terminate the contest at any time without prior notice and without providing a reason. We will make use of this right in particular if the continued execution of the contest cannot be guaranteed for technical or legal reasons.

11. A cash payout or exchange of the prize is not possible.

12. The legal path regarding the execution of the contest and the drawing of the prize is excluded. Questions or complaints in connection with the contest should be directed to Nolte Küchen GmbH & Co. KG. Contact information can be found in the imprint on the website of Nolte Küchen GmbH & Co. KG (Hyperlink) or the social media accounts. The operator's contest is subject exclusively to the law of the Federal Republic of Germany.

13. If a provision of these participation conditions is or becomes invalid in whole or in part, the validity of these participation conditions shall not be affected. Instead of the invalid provision, the legally permissible regulation applies, which comes closest economically to the meaning and purpose expressed in the invalid provision. The same applies if there is a gap in these participation conditions.

Participation Conditions Nolte Küchen Instagram / Facebook Contests
These conditions apply when you participate in contests on Nolte Küchen's Social Media Accounts on Facebook and Instagram. We do not recognize conditions of the participant that contradict or deviate from our terms and conditions.

1. The contest is organized by Nolte Küchen GmbH & Co. KG, based at Anni-Nolte Straße 4, 32584 Löhne.

2. The contest is not supported by Meta Platforms, Inc. (Facebook/Instagram), is not connected to Instagram/Facebook, and accordingly, Instagram/Facebook is not the point of contact for questions.

3. Eligible participants are all Instagram/Facebook users residing in Germany who have reached the age of 18.

4. Participation requires a valid Instagram/Facebook account.

5. The contest runs from 01.12.2024 to 28.12.2024. Entries after the contest period specified above will not be considered.

1. Contest starts on 01.12.2024 and ends on 04.12.2024 at 23:59.
2. Contest starts on 03.12.2024 and ends on 06.12.2024 at 23:59.
3. Contest starts on 05.12.2024 and ends on 08.12.2024 at 23:59.
4. Contest starts on 07.12.2024 and ends on 10.12.2024 at 23:59.
5. Contest starts on 09.12.2024 and ends on 12.12.2024 at 23:59.
6. Contest starts on 11.12.2024 and ends on 14.12.2024 at 23:59.
7. Contest starts on 13.12.2024 and ends on 16.12.2024 at 23:59.
8. Contest starts on 15.12.2024 and ends on 18.12.2024 at 23:59.
9. Contest starts on 17.12.2024 and ends on 20.12.2024 at 23:59.
10. Contest starts on 19.12.2024 and ends on 22.12.2024 at 23:59.
11. Contest starts on 21.12.2024 and ends on 24.12.2024 at 23:59.
12. Contest starts on 23.12.2024 and ends on 26.12.2024 at 23:59.
13. Contest starts on 24.12.2024 and ends on 28.12.2024 at 23:59.
6. Employees of Nolte Küchen GmbH & Co. KG and their relatives are excluded from the contest.

7. The selection of the winners is made by Nolte Küchen using a random principle.

8. Your participation requires that you subscribe to the Instagram pages @noltekuechen_official and the cooperation site during the contest period and meet the other requirements of the respective post.

9. Among all participants, the winners will be determined and notified by direct message two days after the end of the contest period by Noltekuechen_official. If the winner does not respond within 48 hours after notification of the win or does not wish to provide the necessary data, their claim to the prize will expire, and a substitute winner for the prize will be determined following the same procedure. The participant is responsible for the accuracy of the provided data.

10. We reserve the right to exclude any participant from participation who violates our guidelines or their warranties and representations. This is also possible retrospectively.

11. We reserve the right to interrupt or terminate the contest at any time without prior notice and without providing a reason. We will make use of this right in particular if the continued execution of the contest cannot be guaranteed for technical or legal reasons.

12. A cash payout or exchange of the prize is not possible.

13. The legal path regarding the execution of the contest and the drawing of the prize is excluded. Questions or complaints in connection with the contest should be directed to Nolte Küchen GmbH & Co. KG. Contact information can be found in the imprint on the website of Nolte Küchen GmbH & Co. KG (Hyperlink) or the social media accounts. The operator's contest is subject exclusively to the law of the Federal Republic of Germany.

14. If a provision of these participation conditions is or becomes invalid in whole or in part, the validity of these participation conditions shall not be affected. Instead of the invalid provision, the legally permissible regulation applies, which comes closest economically to the meaning and purpose expressed in the invalid provision. The same applies if there is a gap in these participation conditions.