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General Terms and Conditions

 

1. Scope

These General Terms and Conditions (GTC) apply, upon their incorporation, to all contracts concluded for the purchase of goods, services, or other items (hereinafter “Goods”) in the online store at the URL listed above, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.

 

2. Conclusion of the Contract

2.1 The offers in the online store constitute a non-binding invitation by the provider to visitors of the online store to submit an offer to purchase the goods offered in the store. 

2.2 The order for the goods is placed using the provider’s online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the “Order” button at the bottom of the checkout page (Order). By placing the order, the customer submits a binding offer to purchase the selected item(s). The contract is concluded when the provider accepts the customer’s offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or in text form (e.g., via email) (Order Confirmation) and this Order Confirmation is received by the customer; or when the provider delivers the ordered goods and the customer receives them; or when the provider requests payment from the customer (e.g., invoice or credit card payment during the ordering process) and the payment request is received by the customer; the time at which the contract is concluded is determined by the time at which one of the alternatives mentioned in the first half of the sentence occurs for the first time. 

2.3 Before submitting a binding order via the provider’s online order form, the customer may review their entries and correct them at any time using the standard keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is submitted, and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions. 

2.4 The Provider will save the text of the contract after it is concluded and send it to the Customer in writing (e.g., by email). The Provider will not make the text of the contract available in any other way. If the purchase was made through a customer account in the online store, the Customer can view their orders and the associated order details there. 

2.5 The following languages are available for entering into the contract: German

 

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. Details can be found in the withdrawal policy, which is provided to every consumer no later than immediately before the contract is concluded.


4. Payment, Default

4.1 The prices listed in the online store at the time of the order apply. All prices include the applicable value-added tax and exclude any shipping costs that may be listed. The customer will be informed of the available payment options in the provider’s online store. 

4.2 If “payment in advance” has been agreed upon, the purchase price is due immediately upon conclusion of the contract. 

4.3 If “purchase on account” has been agreed upon, payment is due immediately upon conclusion of the contract, unless a different payment term is specified in the invoice or during the purchase process.

 

5. Retention of Title

The purchased goods remain the property of the seller until the purchase price has been paid in full.

 

6. Delivery and Reservation of the Right to Obtain Supplies

6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online store to the delivery address provided by the customer. The applicable delivery times can be found in the online store. 

6.2 Unless otherwise agreed, deliveries made by a freight forwarder are “curbside.” This refers to delivery to the public curb nearest the specified delivery address. 

Requirements for curbside delivery by a freight forwarder: 

– The shipping company contacts the customer before delivery to arrange a delivery date, a time slot, and other delivery details. 

– Delivery is available only to the mainland (islands, enclaves, overseas territories, and similar locations are excluded). – Delivery by freight carrier is only possible if the road is accessible to a heavy truck (40-metric-ton semi-trailer truck, dimensions approx.: 18 m long, 4 m high, 2.55 m wide) and unloading facilities are available. The truck is equipped with an onboard forklift or a crane for unloading. 

– The distance between the truck and the unloading area must not exceed 100 meters. The unloading area must be safely accessible to a forklift. 

– The carrier is strictly prohibited by contract from transporting the goods onto the property, into the garden, or into buildings. 

In any case, it is ultimately up to the truck driver to decide whether it is legally and safely possible to deliver the goods to the delivery location. 

Customer Responsibilities Regarding Access and Delivery:

– The customer guarantees that the delivery address is legally and physically accessible to a 40-metric-ton truck. In particular, there must be no traffic restrictions (e.g., weight limits, low bridges), streets that are too narrow, steep slopes, or dead-end streets without a place to turn around. The ground where unloading will take place using the truck-mounted forklift must be paved, level, and sturdy. 

– If delivery is not possible due to the aforementioned obstacles and the customer has not notified the seller or the shipping company of this in advance when scheduling the delivery, the customer shall bear the costs incurred for the fruitless trip and for the return transport of the goods. 

– If the customer is not present at the agreed-upon unloading location and time, such that the goods cannot be unloaded, the customer shall bear the costs incurred for the wasted trip and for the return transport of the goods. 

– In the event of damage during transport, the customer is required to note this precisely on the waybill in the presence of the driver. Claims for damage discovered after delivery cannot be made. A statement such as “subject to unpacking” has no legal validity.

6.3 Customers may not pick up the purchased goods themselves. 

6.4 If the Provider is unable to deliver the ordered goods because it has not itself been supplied, through no fault of its own, even though it had entered into a corresponding covering transaction with a reliable supplier in a timely manner, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obligated to notify the Customer immediately of the impossibility of performing the service. Any consideration already provided by the contracting party shall be refunded to the latter without delay. Mandatory consumer protection laws remain unaffected by this paragraph.

 

7. Warranty

The provisions of the statutory warranty for defects apply. 

Wood is a natural product. Natural characteristics typical of wood—such as color variations caused by growth, cracks (dry cracks), knotholes, resin seepage, or slight warping—do not constitute defects, provided they do not impair the product’s structural integrity or functionality. 

Installation errors, failure to follow the safety instructions in the assembly manual, installation that deviates from the assembly manual, defects caused by inadequate foundations, improper or insufficient maintenance or painting/wood preservatives, or modifications to the kit will void the warranty. 

The customer is solely responsible for the proper installation and maintenance of the product, the construction of a suitable foundation, and obtaining any necessary building permits.

 

8. Liability and Indemnification

8.1 The provider has unlimited liability: 

– for damages resulting from injury to life, body, or health that are attributable to an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or agent of the Provider; 

– for damages resulting from an intentional or grossly negligent breach of duty by the Provider or from an intentional or grossly negligent breach of duty by a legal representative or agent of the Provider; 

– based on a warranty promise, unless otherwise agreed; – based on mandatory liability (e.g., under the Product Liability Act) 

8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider, based on its content, for the purpose of achieving the contract’s objective; the fulfillment of these obligations is essential for the proper performance of the contract, and the Customer may reasonably rely on their fulfillment. 

8.3 In all other respects, the Provider, its agents, and its legal representatives shall not be liable. 

8.4 The Customer shall indemnify the Provider against any claims by third parties—including the costs of legal defense up to the statutory amount—that are asserted against the Provider as a result of the Customer’s unlawful or breach-of-contract actions.

 

9. Data Protection

The provider treats its customers' personal data confidentially and in accordance with applicable data protection laws. For more information, please refer to the provider's privacy policy.

 

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of the protection afforded by mandatory provisions of the law of the consumer’s country of residence.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business shall have jurisdiction, unless an exclusive venue has been established for the dispute. This also applies if the customer is not domiciled within the European Union. Our company’s place of business is specified in the heading of these Terms and Conditions.

10.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected. 

11. Information on Online Dispute Resolution / Consumer Arbitration The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the header of these Terms and Conditions.

 

 

 

Bendestorf, January 2010