1. Scope
These Terms and Conditions (T&Cs) apply to all orders placed by consumers and businesses via our online shop Farbkiste.com.
A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. A business (entrepreneur) is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in the exercise of their trade or profession.
These T&Cs shall also apply to future business with businesses without the need for us to refer to them again. If the business uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Manada GmbH.
By placing the products in the online shop Farbkiste.com, we make a binding offer to conclude a contract for these items. You may place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, storage of contract text
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our T&Cs by email. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the indicated product prices, shipping costs apply. Further details on the amount of shipping costs can be found in the offers.
You can also collect the goods from Mananda GmbH, Innungstr. 15b, 50354 Hürth, Germany during the following business hours: Monday to Friday from 8:00 a.m. to 5:00 p.m. by prior arrangement, except on public holidays. Please inform us at least two working days before your collection so that we can prepare the goods from our warehouse.
We do not deliver to Packstations.
5. Payment
Advance payment (bank transfer)
If you choose advance payment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
PayPal
During the ordering process you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your login details and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is then carried out automatically by PayPal. Further information is provided during the ordering process.
paydirekt
After placing the order, you will be redirected to the paydirekt website. To pay the invoice amount via paydirekt, you must have an online banking account activated for paydirekt participation, be registered there or first register, authenticate with your login details and confirm the payment instruction to us. Immediately after the order, we request paydirekt to initiate the payment transaction. The payment transaction is carried out automatically by paydirekt. Further information is provided during the ordering process.
Amazon Pay
During the ordering process and before completing the order in our online shop, you will be redirected to the website of the online provider Amazon. To process the order and pay the invoice amount via Amazon, you must be registered there or first register and authenticate with your login details. There you can select the delivery address and payment method stored with Amazon, consent to the use of your data by Amazon and confirm the payment instruction to us. You will then be redirected back to our online shop where you can complete the order process. Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. Further information is provided during the ordering process.
Cash on collection at our premises
You pay the invoice amount in cash when collecting the goods. Store location: Farbkiste, Innungstr. 15b, 50354 Hürth.
6. Retention of title
The goods remain our property until full payment has been made.
For businesses, the following shall additionally apply: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale in the amount of the invoice value—regardless of any combination or mixing of the goods subject to retention of title with a new item—and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves insofar as you do not meet your payment obligations.
7. Transport damage
For consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
For businesses:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment. Among merchants, the inspection and notification obligations set out in section 377 of the German Commercial Code (HGB) apply. If you fail to give notice as stipulated there, the goods shall be deemed approved unless the defect was not recognisable during inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects applies. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For businesses, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under section 478 of the German Civil Code (BGB) remain unaffected.
With respect to businesses, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to businesses at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reductions in time limits do not apply to claims for damages caused by us, our legal representatives or vicarious agents
– in the event of injury to life, body or health,
– in the event of intentional or grossly negligent breach of duty or fraud,
– in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations),
– within the scope of a guarantee promise, if agreed,
– insofar as the scope of application of the Product Liability Act (ProdHaftG) is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9. Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
– in the event of injury to life, body or health,
– in the event of intentional or grossly negligent breach of duty,
– in the event of guarantee promises, if agreed, or
– insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Disclaimer regarding epoxy-based floor coatings
Epoxy-based floor coatings are robust and versatile and are therefore frequently used to refine floors in industrial, commercial and residential environments. The components of this coating, consisting of epoxy resin and a hardener, initiate a chemical reaction upon mixing that leads to curing of the material. However, the outcome of this application can be influenced by various factors, such as the exact mixing ratio of the two components, the conditions at the place of application—especially temperature and humidity—the condition of the substrate to which the coating is applied, as well as the professional preparation and application of the material.
In view of these variables, no general warranty can be given for the final result of an epoxy floor coating. The quality and durability of the coating depend to a large extent on the aforementioned conditions and on competent processing. It is therefore essential to follow the manufacturer’s guidelines meticulously and, where appropriate, to carry out tests in advance in order to verify the compatibility and suitability of the epoxy resin for the specific flooring. We recommend preliminary trials to assess the suitability of the material for the intended application.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions
If you are a business, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.
T&Cs created with the Trusted Shops legal text generator in cooperation with Wilde Beuger Solmecke Rechtsanwälte.