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INÉS GRESS INTERIOR DESIGN
Owner: Inés Gress
Highlight Towers, Tower 1, 13th floor
Phone +49 89 62423588
Fax +49 89 62423599
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General terms and conditions für Lieferungen und Leistungen
1. AREA OF APPLICATION
1.1 All our deliveries and services (hereinafter referred to as "Deliveries") shall be subject exclusively to our General Terms and Conditions for Deliveries and Services set forth below.
1.2 Any terms and conditions of the customer that are contrary to or deviate from our terms and conditions shall not apply even if we do not expressly object to them or perform the delivery without reservation.
2. CONCLUSION OF THE CONTRACT
2.1 Our offers are non-binding and contain only an invitation to the customer to submit an offer. A contract with the customer shall only be concluded upon our written order confirmation. We reserve a period of 14 days for the order confirmation.
2.2 All agreements between us and the customer must be in writing upon conclusion of the contract. This shall also apply to any waiver of this formal requirement.
2.3 We reserve the property rights and copyrights to illustrations, drawings, visualizations, plans, calculations and other documents. These shall be returned to us immediately upon request.
2.4 Sample items shall be returned within one month unless otherwise agreed. Otherwise they shall be deemed to have been purchased. Sample pieces in special production and are to be taken over and are excluded from exchange.
2.5 Special productions are articles which are not produced in series or are not listed in price lists. Special color designs according to color samples sent in shall also be deemed to be custom-made products, unless otherwise agreed in writing. The purchaser shall be liable for ensuring that the rights of third parties are not infringed by the use of drawings, samples and similar aids sent in.
2.6 Series-produced furnishings, textiles and other IGI products are sold with the proviso according to sample. We reserve the right to deviations in structures and colors compared to the exhibit, as far as they correspond to the nature of the materials used and are customary in the trade.
2.7 For furniture and fixtures, the wood or material designation refers to the visible fronts and surfaces. The use of other suitable materials is customary and permissible.
3. DELIVERY DATES, PARTIAL DELIVERIES
3.1 Unless otherwise stated in the order confirmation, the stated delivery dates are non-binding. Two weeks after exceeding a non-binding delivery date, the customer may request us in writing to deliver within a period of at least two weeks. If we fail to meet this deadline, the customer shall be entitled to withdraw from the contract by written declaration.
3.2 In the event of strike, lockout, interruption of operations, delay in delivery by our suppliers or subcontractors, force majeure and obstructions for which we are not responsible, the stated delivery dates shall be extended by the duration of the interruption of performance caused by these circumstances.
3.3 Wir sind zu Teillieferungen berechtigt, es sei denn, die Teillieferung ist für den Kunden unzumutbar.
3.4 In the case of orders on call, the call must be made at least three weeks before the desired delivery date.
4. DESIGN CHANGES, COLOR DEVIATIONS
We reserve the right to make design changes as well as deviations in structure and color compared to the exhibit or sample, insofar as these are in the nature of the materials used (leather, marble, woods, stones, textile products) and are customary in the trade.
5. SHIPPING, TRANSFER OF RISK
5.1 Unless otherwise stated in the order confirmation, the goods shall be shipped at the customer's expense. The type and scope of shipment shall be determined by us according to expediency.
5.2 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the goods to the shipping agent, at the latest, however, upon leaving our distribution warehouse, even if we deliver with our own vehicles. In case of self-collection of the goods in our distribution warehouse or in our showrooms, the risk shall pass to the customer upon handover of the goods.
5.3 Ist die Ware versandbereit und verzögert sich der Versand oder die Abnahme der Ware aus Gründen, die vom Kunden zu vertreten sind, so geht die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung mit dem Zugang der Anzeige der Versandbereitschaft auf den Kunden über. In diesem Fall sind wir berechtigt, vier Wochen nach Anzeige der Versandbereitschaft die Ware auf Kosten des Kunden bei einem Lagerhalter einzulagern oder, falls eine Lagerung bei uns erfolgt, die üblicherweise entstehenden Lagerkosten zu berechnen und die Ware dem Kunden als geliefert in Rechnung zu stellen.
6.1 If the Seller has concerns about the suitability of the walls with regard to the assembly of furnishings to be hung, it shall notify the Buyer thereof without delay. The Seller's employees are not authorized to carry out work that goes beyond the agreed delivery, installation or assembly of the goods.
6.2 The Seller shall be liable with regard to the installation for direct and consequential damages only in case of intent and gross negligence of the installation personnel.
7. TERMS OF PAYMENT
7.1 Unless otherwise stated in the order confirmation, the final invoice amount shall be due for payment immediately without deduction. We reserve the right to deliver only against advance payment.
7.2 The customer shall be in default by our reminder, but no later than 30 days after the invoice date. If the customer is in default, we shall be entitled to demand default interest at the statutory rate, subject to the assertion of further damages for default.
7.3 We shall be entitled to demand immediate payment of all invoices outstanding from the business relationship with the customer, including invoices not yet due or deferred, if the customer culpably breaches material contractual obligations or circumstances become known after conclusion of the contract which objectively and seriously call into question the customer's ability to perform.
7.4 The assertion of rights to refuse performance or rights of retention shall only be permissible if they are based on the same contractual relationship and the counterclaims on which they are based are undisputed or have been finally determined by a court of law or are ready for a decision. The customer shall only be entitled to set-off rights if its counterclaims have been legally established or are ready for decision or have been acknowledged by us.
7.5 If the customer does not accept a delivery despite setting a reasonable deadline, we shall be entitled to charge a contractual penalty in the amount of 25% of the agreed order sum. The contractual penalty shall be offset against any claim for damages instead of performance.
8. RESERVATION OF OWNERSHIP
8.1 Delivered goods shall remain our property until full payment of the purchase price. If the customer is an entrepreneur, this shall apply until all outstanding accounts of the customer from the business relationship have been settled in full.
8.2 The goods subject to the retention of title ("Retained Goods") shall be stored separately from other inventories of the customer. The customer is obligated to sufficiently insure the goods subject to retention of title against loss and damage at its own expense for the duration of the retention of title and to prove this to us upon request.
8.3 The customer is obligated to inform us immediately of all access by third parties to the reserved goods, in particular of compulsory execution measures or other seizures and of all damage incurred to the reserved goods.
8.4 Any processing or treatment of the goods subject to retention of title by the customer shall always be carried out for us as manufacturer within the meaning of § 950 BGB. In the event of processing of the reserved goods with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice values of the reserved goods to the invoice value of the other processed items.
8.5 If the customer is in default of payment, we shall be entitled - without prejudice to our other rights under the contract - to withdraw from the contract after the unsuccessful expiry of a reasonable period.
8.6 In the event of withdrawal from the contract, the customer shall grant us the irrevocable right to enter its private or business and storage premises at customary business hours for the purpose of collecting the reserved goods or - insofar as necessary and possible - to drive onto them.
8.7 In the event that the goods subject to retention of title are taken back, the proceeds of sale less all costs and expenses incurred in connection with the sale of the goods subject to retention of title - which we may charge at 20% of the proceeds of sale without any special proof, unless we are proven to have incurred a lower loss - shall be credited to the customer's total debt; any surplus shall be paid out.
9. RIGHTS OF THE CUSTOMER IN THE EVENT OF DEFECTS
9.1 If the delivery is defective, we shall, in the case of work performance, at our discretion, and in the case of normal purchase of goods, at the customer's discretion, remedy the defect or provide defect-free performance ("subsequent performance"). If we are unable or unwilling to provide supplementary performance, if we refuse to do so or if such supplementary performance is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the supplementary performance fails in any other way, the customer shall be entitled to assert other statutory claims based on defects.
9.2 The assumption of a guarantee for the existence of a certain property requires our express written confirmation. Samples and descriptive information in catalogs, brochures and instructions for use do not constitute the assumption of a guarantee for the existence of a certain property.
9.3 Claims for defects shall become statute-barred - without prejudice to the statute of limitations in the case of fraudulently concealed defects or guarantees - one year after delivery if the customer is an entrepreneur and two years after delivery if the customer is a consumer. Claims for damages due to defects based on intent or gross negligence as well as claims for damages based on injury to life, body or health shall be subject to the statutory period of limitation.
9.4 Customer's claims for defects due to insignificant defects shall be excluded.
9.5 In the case of the purchase of used goods and exhibition items, claims for defects by the customer shall be excluded unless we expressly sell the goods as new.
9.6 The customer's inspection and complaint obligations under the German Commercial Code shall remain unaffected.
10.1 The Seller shall be liable without limitation for intent and gross negligence, in case of injury to life, body or health also for any form of ordinary negligence.
10.2 In all other respects, the Seller shall only be liable for ordinary negligence if material contractual obligations (cardinal obligations) are breached, and limited to the foreseeable damage typical for the contract, but at most up to the equivalent value of the goods causing the damage. Cardinal obligations shall be understood to be those obligations which the contract, according to its meaning and purpose, has to grant to the contractual partner or the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely.
10.3 Liability for indirect and unforeseeable damages as well as consequential damages, loss of profit, loss of savings and financial losses due to claims by third parties shall be excluded in the event of simple negligence - except in the case of injury to life, limb or health.
10.4 Any further liability than provided for in these General Terms and Conditions shall be excluded regardless of the legal nature of the asserted claim.
10.5 The limitations or exclusions of liability pursuant to Sections 10.2, 10.3 and 10.4 shall not apply to any strict liability prescribed by law, in particular under warranty or under the Product Liability Act.
10.6 Insofar as the liability of the Seller is excluded or limited pursuant to Sections 10.2, 10.3 and 10.4, this shall also apply to the personal liability of the employees, representatives and vicarious agents.
11. FINAL PROVISIONS
11.1 The customer is informed that the data required for the execution of the contract (inventory data, delivery data) will be stored and used by us on data carriers in accordance with the provisions of data protection law.
11.2 The customer shall only be entitled to assign its rights under the contract with our prior consent. Such consent may only be refused for good cause.
11.3 Our contractual relations with the Customer shall be governed by German law with the exception of the Uniform UN Sales Law.
11.4 The courts in Munich shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. However, we reserve the right to take legal action against the customer at any other legal place of jurisdiction in Germany.
11.5 Should one of the above provisions or should several of the above provisions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision which comes as close as possible to the economic content of the invalid or unenforceable provision.