Terms and conditions

§ 1 Scope and definitions

1.1 The following General Terms and Conditions apply to all quotations, deliveries and services of Max Knobloch Nachf. GmbH (hereinafter “KNOBLOCH”), including orders placed through the online shop, unless expressly agreed otherwise.

1.2 A “Consumer” is any natural person who enters into a legal transaction for purposes predominantly outside that person’s trade, business or profession.

1.3 A “Business Customer” is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the course of its trade, business or profession.

1.4 “Customer” refers collectively to Consumers and Business Customers.

1.5 In dealings with Business Customers, these General Terms and Conditions also apply to future business relationships without having to be expressly agreed again. Conflicting, deviating or supplementary terms and conditions of the Business Customer become part of the contract only if KNOBLOCH has expressly agreed to their application in text form. Performing an order or accepting payment without reservation does not constitute consent.

1.6 Individual agreements in the specific contract, in particular details expressly agreed in the quotation and order confirmation, take precedence over these General Terms and Conditions. Individual agreements that take precedence by law remain unaffected. Technical documents and installation, care, transport or operating instructions become part of the contract insofar as they are referred to in the quotation, in the order confirmation or upon conclusion of the contract and are made accessible to the Customer.

1.7 “Working Days” within the meaning of these General Terms and Conditions are Monday to Friday, excluding public holidays applicable at KNOBLOCH’s registered office.

§ 2 Quotations, product information, customer specifications and conclusion of the contract

2.1 KNOBLOCH’s quotations are subject to change and non-binding unless expressly designated as binding. Samples, illustrations, drawings, dimensions, weights, colour representations and other information serve descriptive purposes. They constitute an agreement on quality or a guarantee only if this is expressly agreed.

2.2 The Customer’s order constitutes a binding offer to enter into a contract.

2.3 Outside the online shop, KNOBLOCH may accept the Customer’s offer by issuing an order confirmation in text form, by an express declaration of acceptance or by delivering the goods or performing the service.

2.4 Product presentations in the online shop do not constitute a binding offer. The Customer places a binding order by clicking the final order button. An automated acknowledgement of receipt merely records receipt of the order and does not yet constitute acceptance, unless it is expressly also designated as an order confirmation. The contract is concluded by a separate order confirmation, dispatch confirmation or delivery.

2.5 Outside the online shop, a minimum order value of EUR 50.00 net applies, plus statutory VAT and shipping and packaging costs. For Consumers, the applicable total price including VAT is stated before they submit their contractual declaration. No minimum order value applies to orders in the online shop unless otherwise stated there.

2.6 The Customer must check the dimensions, texts, names, logos, configurations, drawings, installation details, quantities, colour details, hinge positions, cut-outs, electrical and data specifications and other requirements submitted or approved by the Customer for accuracy and completeness before the contract is concluded and before granting approval for production. Approval of production or drawings by the Customer constitutes confirmation that the Customer’s specifications recognisably shown therein correspond to the order. KNOBLOCH is not liable for errors attributable exclusively to incorrect or incomplete customer specifications or approvals which were not recognisable to KNOBLOCH. Statutory duties to provide information and clarification remain unaffected.

2.7 Unless expressly agreed as part of KNOBLOCH’s services, KNOBLOCH is not obliged to check the plans specified by the Customer for compliance with building law, structural requirements, the routing of utility lines, fire safety, accessibility, local installation conditions or other public-law and technical requirements. KNOBLOCH will notify the Customer of recognisable inconsistencies within the scope of its statutory duties.

2.8 In dealings with Business Customers, deviations that are technically necessary, necessary for production or customary in the trade, in particular in dimensions, weight, colour shade, gloss level, surface texture or material or batch appearance, are permissible insofar as they fall within applicable standards or customary manufacturing and material tolerances and do not materially impair the agreed function or value of the performance. For Consumers, a deviation from objective requirements applies only if the statutory requirements for such an agreement are met.

2.9 The contractual language is German. For orders placed in the online shop, the order details and the General Terms and Conditions applicable when the contract is concluded are provided on a durable medium. There is no obligation to provide any additional permanent online access to the contract text.

§ 3 Prices, invoices and payment

3.1 Unless otherwise stated, prices for Business Customers are net of statutory VAT. For Consumers, total prices including statutory VAT are stated. Delivery, shipping, packaging, delivery notification, installation and other ancillary costs are shown separately unless expressly included in the price.

3.2 The payment methods and payment terms stated in the quotation, order confirmation or online shop apply. Unless otherwise agreed, invoices are payable within 30 calendar days without deduction. For spare parts orders and contract processing work, payment is due within 14 calendar days without deduction, unless otherwise agreed.

3.3 First-time customers are supplied only against advance payment. For customers who have generated no sales with KNOBLOCH for more than two years, KNOBLOCH may require advance payment for new orders. The same applies if KNOBLOCH assumes an increased risk of default on the basis of specific circumstances, in particular due to an adverse change in the Customer’s creditworthiness or financial circumstances, or due to an exceptionally long performance period or extensive scope of performance. Different payment terms may be agreed for orders with a net goods value exceeding EUR 10,000.00.

3.4 Where advance payment is agreed, the invoiced amount must be paid within five Working Days of receipt of the invoice unless a different payment deadline is stated. Delivery and performance periods do not begin until payment has been received in full and all technical and commercial details of the order have been fully clarified. If payment is not made despite being due and despite a reasonable additional period having been granted, KNOBLOCH may rescind the contract and claim damages or reimbursement of wasted expenditure in accordance with the statutory provisions.

3.5 A cash discount may be deducted only if and to the extent expressly agreed. An agreed cash discount is conditional on all claims due under the business relationship having been settled, unless otherwise agreed in the individual case.

3.6 The statutory consequences of late payment apply. Default interest is five percentage points above the applicable base rate for Consumers and nine percentage points above that rate for payment claims against Business Customers. KNOBLOCH may additionally claim from Business Customers the statutory fixed compensation of EUR 40.00 and any further proven loss caused by late payment.

3.7 The Customer may set off only claims that are undisputed, ready for judicial determination or established by a final and binding judgment. This restriction does not apply to counterclaims arising from the same contractual relationship or insofar as mandatory consumer rights preclude it. The Customer may exercise a right of retention only insofar as its counterclaim arises from the same contractual relationship.

3.8 If it becomes apparent after conclusion of the contract that the claim to payment is jeopardised by the Customer’s inability to perform, KNOBLOCH may, in accordance with the statutory provisions, require advance payment or appropriate security and withhold outstanding performance until such payment or security is provided. In dealings with Consumers, this applies only if the statutory requirements are met.

3.9 In dealings with Business Customers, where the agreed delivery or performance date is more than four months after conclusion of the contract, KNOBLOCH may reasonably adjust the agreed price if significant cost factors beyond KNOBLOCH’s control, in particular prices for input materials, energy, freight, customs duties or statutory levies, demonstrably change after conclusion of the contract. The adjustment is limited to the proportion attributable to the actual change in costs; cost reductions must be taken into account accordingly. If a price increase exceeds, in total, ten per cent of the price agreed for the part not yet performed, the Business Customer may, within ten Working Days of notification of the increase, terminate or rescind the part affected by the increase that has not yet been performed, insofar as permitted by law.

3.10 Invoices are generally transmitted electronically. Where an electronic invoice in a structured electronic format is required by law, invoices will be issued in a legally permissible format. In other cases, KNOBLOCH may in particular send invoices by email as a PDF or in paper form. Any costs of additionally sending a paper invoice at the Customer’s request will be charged only if this was expressly agreed before conclusion of the contract.

§ 4 Packaging, delivery, transfer of risk, default in acceptance and force majeure

4.1 Packaging will be appropriate for the product and its transport. The type and extent of packaging and the shipping and delivery notification costs are set out in the quotation, order confirmation or information in the online shop.

4.2 Delivery dates and delivery periods are binding only if expressly designated as binding. They do not begin until all technical and commercial details of the order have been fully clarified, the agreed approvals have been received and, in the case of advance payment, payment has been received in full. Subsequent requests for changes or delayed cooperation by the Customer extend the affected periods by a reasonable amount plus any necessary restart period.

4.3 If no delivery period is specified or can be inferred from the circumstances in a consumer sale of goods, delivery will take place no later than within the statutory period.

4.4 In dealings with Business Customers, a date agreed as a “delivery date” means the time of handover to the carrier or, in the case of collection by the Customer, readiness for dispatch or collection at the factory, unless a date for delivery to the Customer or arrival at the Customer’s premises is expressly agreed. Where an arrival date is expressly agreed, the agreed receipt at the delivery location is decisive. For Consumers, the time of delivery is determined by the statutory provisions and the specific agreement.

4.5 In dealings with Business Customers, the risk of accidental loss and accidental deterioration passes to the Customer upon handover to the freight forwarder, carrier or other transport service provider; in the case of collection by the Customer, it passes when the goods are made available and the Customer is notified that they are ready for collection, provided the statutory requirements are met. For Consumers, risk passes only when the goods are handed over to the Consumer or a third party designated by the Consumer; this does not apply if the Consumer has independently commissioned the transport service provider without KNOBLOCH having previously named that provider.

4.6 Scope of delivery services for Consumers

4.6.1 General scope of delivery services: For Consumers, the scope of the delivery service owed is determined by the shipping or delivery method stated in the quotation, product description, ordering process or order confirmation. Unless a more extensive service is expressly agreed, KNOBLOCH is obliged only to properly dispatch or deliver the goods to the delivery address specified by the Consumer using the customary shipping method suitable for the relevant goods and selected by KNOBLOCH. KNOBLOCH is entitled to select a suitable shipping company, parcel service, carrier or freight forwarder and an appropriate shipping method, taking into account the type, dimensions, weight and nature of the goods and the delivery address, provided that this does not deprive the Consumer of an expressly agreed delivery service. Additional services beyond the agreed standard delivery are owed only if expressly agreed.

4.6.2 Goods suitable for parcel shipping: For goods suitable for parcel shipping, standard delivery comprises only transport and delivery to the specified delivery address within the customary services of the parcel service provider selected by KNOBLOCH. Standard delivery does not include, in particular, delivery at a specific time or within a specific time slot, telephone or other individual advance notification, personal handover exclusively to the person placing the order, delivery exclusively to a specific person, delivery to a specific floor or room, unpacking, collection or disposal of packaging materials, consolidation of several shipments for a specific delivery time, or positioning, connection, commissioning or installation. Such an additional service is owed only if expressly agreed in the specific quotation, during the ordering process or in the order confirmation. Subject to the statutory provisions and the terms of the parcel service provider used, goods suitable for parcel shipping may in particular be delivered by handover to the Consumer or a permissible substitute recipient, by placement in a suitable parcel receiving facility, by delivery to a receiving point designated by the Consumer or, on the basis of a corresponding instruction or agreement, to a designated drop-off location or collection station. If delivery to the specified address is not possible, the shipment may be made available for collection or another delivery attempt may be made in accordance with the statutory provisions and the permissible delivery terms of the parcel service provider used. If the Consumer has independently given the parcel service provider permission to leave the goods unattended, specified a drop-off location, parcel box or recipient, or issued any other deviating delivery instruction, delivery is governed by that instruction insofar as it is legally permissible and practicable. The Consumer is responsible for providing a complete delivery address at which delivery can be made. Before dispatch, the Consumer must inform KNOBLOCH of any circumstances known to the Consumer that substantially impede or prevent ordinary parcel delivery, insofar as these are relevant to carrying out the delivery.

4.6.3 Freight-forwarded goods and goods unsuitable for parcel shipping: For freight-forwarded goods, general cargo or other goods unsuitable for parcel shipping, KNOBLOCH is obliged, unless a more extensive delivery service is expressly agreed, only to transport the goods to the nearest point to the delivery address that the delivery vehicle used can lawfully and safely reach under normal traffic, access and safety conditions (the “Delivery Point”). This standard delivery does not include, in particular, unloading or lowering the goods from the delivery vehicle, moving them onto the property, along access routes, through gates, doors or buildings, bringing them into homes or other places of use, transporting them over stairs or to other floors, unpacking, disposal of packaging, use of cranes, lifting equipment or other special unloading or transport equipment, or positioning, alignment, fixing, connection, commissioning or installation. Such services are owed only if expressly agreed. Where “kerbside delivery” is expressly agreed, this comprises transport to the kerb nearest to the delivery address that the delivery vehicle can safely and lawfully reach, together with unloading and making the goods available there as customary for the agreed mode of transport. This does not include any further movement, carrying inside, positioning or installation.

4.6.4 No change to the statutory transfer of risk: The above provisions determine only the type and scope of the delivery service owed by KNOBLOCH. The statutory provisions governing the transfer of risk in consumer sales remain unaffected. In particular, the risk of accidental loss or accidental deterioration does not pass to the Consumer merely because KNOBLOCH hands the goods over to a parcel service provider, freight forwarder, carrier or other transport service provider.

4.7 In dealings with Business Customers, an agreed delivery to the destination comprises, unless expressly agreed otherwise, transport to an unloading point at the specified delivery address that the delivery vehicle used can safely and lawfully reach. Unloading, movement on the property or within the building, carrying inside, positioning, use of cranes or lifting equipment, and installation are owed only if expressly commissioned.

4.8 The Business Customer must ensure that the Delivery Point is accessible and suitable for delivery at the agreed time, that any necessary access, stopping or unloading permits are available and, insofar as unloading is not owed by KNOBLOCH, that suitable personnel and equipment are available for immediate unloading. The Business Customer must inform KNOBLOCH in good time of any special access, time-slot, weight, height or other restrictions.

4.9 Partial deliveries are permissible if reasonable for the Customer. Consumers will not incur any additional shipping costs as a result unless these have been expressly agreed.

4.10 Events of force majeure and other circumstances for which KNOBLOCH is not responsible that substantially impede or temporarily prevent delivery or performance extend the delivery and performance periods by the duration of the impediment plus a reasonable start-up period. These include, in particular, natural events, war, official measures, industrial disputes, pandemics, energy or raw material supply failures, cyberattacks on the infrastructure required for performance, and supply failures for which KNOBLOCH is not responsible despite timely and sufficient procurement arrangements. If the impediment lasts longer than two months, either party may rescind the contract in respect of the unperformed part after setting a reasonable deadline; any further mandatory statutory rights remain unaffected.

4.11 If the Customer defaults in accepting or collecting the goods, or culpably breaches duties to cooperate, KNOBLOCH may claim the reasonable additional costs incurred as a result, in particular storage, handling, repeat travel and transport costs. KNOBLOCH may store the goods, or arrange for them to be stored, appropriately at the Customer’s expense. The Customer retains the right to prove that no costs or lower costs were incurred.

4.12 Business Customers must, wherever possible, record recognisable transport and packaging damage on the carrier’s proof of delivery upon arrival, document it photographically and retain the packaging and damaged goods until the matter has been clarified. For merchants within the meaning of the German Commercial Code, the statutory duties to inspect goods and notify defects under section 377 of that Code (HGB) remain unaffected. Consumer rights are not restricted by this recommendation to cooperate.

4.13 The provisions on call-off orders apply only to Business Customers. Agreed call-off quantities and dates must be observed on time. After expiry of an agreed call-off period, KNOBLOCH may, after granting a reasonable additional period, require acceptance and payment of the remaining quantity. If no call-off period has been specified, KNOBLOCH may set a specific reasonable call-off deadline after a reasonable period has elapsed. Any further statutory rights remain unaffected.

§ 5 Custom-made goods, changes, approvals and termination of the contract

5.1 Custom-made goods are goods that are not prefabricated and are manufactured on the basis of an individual choice or specification by the Customer, or are clearly tailored to the Customer’s personal or business needs. These may include, in particular, letterbox, parcel compartment, communication and handover systems and goods with customer-specific dimensions, colours, lettering, cut-outs or technical features.

5.2 Once production approval has been granted or design work, material planning or production has begun, there is no contractual entitlement to subsequent changes. Insofar as KNOBLOCH agrees to a change, the Customer will receive a separate confirmation or quotation for it. Previously agreed delivery and performance periods will be redefined.

5.3 Requested changes are deemed commissioned only once KNOBLOCH has agreed to them in text form. Design, material, testing, production, installation or logistics costs caused by changes must be borne by the Customer insofar as agreed or recoverable by law.

5.4 Cancellation is excluded insofar as the Customer has no statutory right to terminate or otherwise withdraw from the contract. KNOBLOCH may agree to mutual termination of the contract and make this conditional on compensation for expenditure already incurred, services already performed and other disadvantages. Saved expenditure will be credited; the Customer retains the right to prove lower expenditure.

5.5 Insofar as the Customer has a right to terminate a contract for work at will, that right and any other mandatory termination rights remain unaffected. KNOBLOCH is entitled to claim the remuneration provided for by law, subject to deduction of saved expenditure and earnings from other work. Insofar as section 648 of the German Civil Code (BGB) applies, KNOBLOCH is presumed to be entitled to five per cent of the remuneration attributable to the part not yet performed.

5.6 Consumers’ statutory rights of withdrawal remain unaffected. For custom-made goods, there is no right of withdrawal under the conditions of section 312g(2), point 1, of the German Civil Code (BGB); § 14 applies in this respect.

§ 6 Duties to cooperate and other disruptions to performance

6.1 The Customer must provide the necessary cooperation in good time, completely and in a usable form, in particular decisions, approvals, information, documents, access, scheduling arrangements and site prerequisites.

6.2 If performance is delayed by missing or late cooperation, the affected periods will be extended reasonably. KNOBLOCH may claim reasonable and demonstrably incurred waiting, downtime, storage, rescheduling, restart, travel and other additional costs in accordance with the statutory provisions.

6.3 If required cooperation is not provided despite a request, KNOBLOCH may set a reasonable deadline and, upon its expiry without compliance, exercise its statutory rights, in particular withhold performance, claim additional expenditure or compensation, or terminate or rescind the contract.

6.4 If the Customer fails to fulfil a payment obligation when due or a material contractual obligation, KNOBLOCH may, in accordance with the statutory provisions, set a deadline and, upon its expiry without compliance, rescind or terminate the contract, unless setting a deadline is dispensable by law. Claims for damages and reimbursement of wasted expenditure remain unaffected.

§ 7 Installation, commissioning, maintenance and other services

7.1 The scope and content are determined exclusively by the quotation and order confirmation. Services not expressly listed, in particular electrical work, core drilling, sealing, scaffolding, lifting equipment, power and data connections, foundations, earthworks, painting and plastering, and structural modifications, are not owed.

7.2 The Customer must ensure that the site prerequisites are met, in particular suitable substrates, correct installation dimensions and heights, clarified utility line routes, permits, unobstructed and safe access, working areas, scaffolding/lifting equipment, and power and data connections.

7.3 The Customer must provide information on concealed utility lines, hazards, safety rules and other relevant circumstances. KNOBLOCH may suspend or refrain from starting work if safe or professional execution is not possible.

7.4 Missing site prerequisites, incorrect information or other circumstances for which the Customer is responsible give rise to reimbursement of reasonable additional costs, in particular waiting times, additional travel and rescheduling.

7.5 Dimensions specified by the Customer remain the Customer’s responsibility. A site measurement by KNOBLOCH covers only dimensions expressly commissioned and documented and does not replace any review of planning, structural calculations, utility lines or permits.

7.6 For services under a contract for work, the Customer must accept the work upon completion. Acceptance may not be refused on account of minor defects. Deemed acceptance in dealings with Consumers requires the statutory notice in text form.

7.7 Where acceptance is carried out jointly, defects or outstanding work must be specifically identified in a record. Minor defects do not preclude acceptance of the remainder.

7.8 If KNOBLOCH is commissioned to inspect, repair or rectify a malfunction and there is no defect for which KNOBLOCH is responsible, the service is chargeable. Inspection, travel and other costs may be claimed from Business Customers if the Business Customer could have recognised the external cause.

§ 8 Rights in respect of defects, duties to inspect, complaints handling and guarantees

8.1 Consumers have the statutory rights in respect of defects; statutory rights of choice, obligations to bear costs and limitation periods are not restricted.

8.2 For merchants within the meaning of the German Commercial Code, the duties to inspect goods and notify defects under section 377 of that Code (HGB) apply. Notices of defects must specifically identify the order, item and defect.

8.3 Business Customers who are not merchants must notify obvious defects, wherever possible, within seven Working Days and defects that become recognisable later without undue delay, insofar as legally permissible.

8.4 In dealings with Business Customers, KNOBLOCH will provide subsequent performance, at its own discretion, by repair or replacement delivery. KNOBLOCH must be given a reasonable opportunity to inspect and provide subsequent performance. Upon request, the Customer must keep the goods complained of available for inspection or, insofar as reasonable and by arrangement, make them available. Statutory rights to remedy defects oneself, rescind the contract, reduce the price and claim damages remain available subject to the statutory requirements and these General Terms and Conditions.

8.5 In dealings with Business Customers, the limitation period for claims in respect of defects in newly manufactured goods is generally one year from the statutory commencement of the limitation period and, for work performed under a contract for work, generally one year from acceptance, insofar as a reduction is permitted by law. Exceptions apply in particular in cases of fraudulent conduct, guarantees, injury to life, limb or health, intent/gross negligence, product liability, recourse claims and mandatory longer periods.

8.6 Rights in respect of defects do not exist insofar as the condition or consequential damage was caused by improper assembly, faulty installation, use other than as intended, overloading, unsuitable cleaning/care products, failure to follow instructions, external influences, vandalism, modification, an unsuitable environment, persistent moisture, aggressive or corrosive influences, galvanic corrosion, surface rust deposits or aggressive building materials. Normal wear and tear is not a defect.

8.7 In dealings with Business Customers, visual differences in colour, gloss, texture, grinding pattern or surface caused by manufacturing, materials or batches do not constitute a defect insofar as permissible tolerances are observed. For Consumers, the statutory requirements apply.

8.8 Suitability for a special use differing from the customary intended use is owed only if that use was communicated before conclusion of the contract and expressly agreed. Mandatory statutory requirements concerning objective and subjective conformity with the contract remain unaffected for Consumers.

8.9 Voluntary durability, coating, corrosion, perforation corrosion or other product guarantees exist only where expressly promised. Their duration, scope, conditions, exclusions and handling are governed by the respective guarantee terms. Statements such as “5 years” or “15 years” constitute a guarantee promise only if expressly identified as a guarantee. Statutory rights in respect of defects are not restricted by a guarantee.

8.10 For complaints, the Customer should provide the order/invoice number, item, description of the fault, photographs, and installation and environmental conditions. KNOBLOCH must be given an opportunity to inspect and provide subsequent performance before the Customer incurs costs by remedying the defect itself or commissioning third parties, unless a statutory exception applies.

8.11 For Consumers, the statutory provisions apply to goods with digital elements and digital services. For Business Customers, functionality, interfaces, compatibility, updates, support and operation are governed by agreement. Disruptions caused by the power supply, network, mobile communications, the Customer’s IT or third-party providers are outside KNOBLOCH’s responsibility insofar as these are not included in the scope of services.

§ 9 Liability

9.1 KNOBLOCH is liable without limitation for intent and gross negligence, for damage resulting from injury to life, limb or health, under the German Product Liability Act, in cases of fraudulent concealment of a defect and within the scope of an expressly assumed guarantee.

9.2 In the event of a slightly negligent breach of material contractual obligations, KNOBLOCH is liable only for foreseeable damage typical of the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the Customer may regularly rely. Liability for slight negligence is otherwise excluded.

9.3 In dealings with Business Customers, liability for loss or restoration of data in cases of slight negligence is limited to the expenditure that would have been required if proper data backups had been made, insofar as data backup itself is not owed.

9.4 The limitations of liability also apply for the benefit of legal representatives, employees and persons employed in performing contractual obligations. Mandatory claims remain unaffected.

§ 10 Voluntary returns of goods

10.1 The following provisions apply exclusively to voluntary returns of goods outside statutory rights in respect of defects and rights of withdrawal. The Customer’s statutory rights are not restricted by these provisions.

10.2 Voluntary returns of custom-made goods and light sources are generally excluded.

10.3 Other returns require KNOBLOCH’s prior consent and a returns number issued by KNOBLOCH. Unauthorised returns may be sent back to the Customer at the Customer’s expense.

10.4 The Customer bears the costs of a voluntary return. The goods must be returned complete, unused or without signs of use beyond what is necessary for inspection, securely packed for transport and, insofar as reasonable, in their original packaging. Missing components, damage or any reduction in value beyond that resulting from inspection may be taken into account when issuing the credit.

10.5 In dealings with Business Customers, KNOBLOCH may deduct 20 per cent of the net goods value as a flat-rate allowance for standard costs when accepting an authorised voluntary return. The Business Customer retains the right to prove lower costs. Additional exceptional costs will not be charged twice.

10.6 Returned samples will be credited only if they were invoiced and are in a resalable condition.

§ 11 Retention of title

11.1 The delivered goods remain the property of KNOBLOCH until payment has been made in full.

11.2 Clauses 11.2 to 11.7 apply exclusively to Business Customers. KNOBLOCH retains title to the delivered goods until all present and future claims arising from the ongoing business relationship have been settled in full.

11.3 The Business Customer must handle goods subject to retention of title with care and notify KNOBLOCH without undue delay of any third-party seizure or other interference, damage or loss.

11.4 Resale in the ordinary course of business is permitted. Claims arising from resale are assigned to KNOBLOCH up to the invoice value; KNOBLOCH accepts the assignment. The authorisation to collect these claims may be revoked in the event of late payment or jeopardy to the claims.

11.5 Any processing or transformation of goods subject to retention of title is carried out for KNOBLOCH. If such goods are combined or mixed with other items, KNOBLOCH acquires co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other items at the time of processing, combination or mixing.

11.6 If goods subject to retention of title are incorporated into a third party’s land or building and the Business Customer thereby acquires a claim, the Business Customer assigns that claim, including security rights, to KNOBLOCH up to the invoice value; KNOBLOCH accepts the assignment. The authorisation to collect under clause 11.4 applies accordingly.

11.7 In the event of conduct in breach of contract, KNOBLOCH may demand surrender of the goods subject to the statutory requirements; this does not automatically constitute rescission.

11.8 KNOBLOCH will release security of its choice insofar as its realisable value persistently exceeds the claims by more than ten per cent.

§ 12 Drawings, models, know-how and intellectual property rights

12.1 KNOBLOCH retains ownership, copyright and other intellectual property rights in quotations, drawings, samples, models, calculations, configurations, technical solutions and documents. Use for reproduction or manufacture by third parties is not permitted without consent.

12.2 Where KNOBLOCH supplies goods in accordance with customer specifications, the Customer warrants that their use does not infringe third-party rights.

12.3 In dealings with Business Customers, the Customer indemnifies KNOBLOCH against justified third-party claims, including reasonable legal enforcement costs, insofar as the infringement is based on customer specifications and the Customer is responsible for it.

12.4 General technical know-how, standard modules, manufacturing methods, solution principles not developed on an exclusive basis and experience remain with KNOBLOCH and may also be used for other projects.

§ 13 Data protection

13.1 Personal data are processed in accordance with the applicable data protection provisions. Details are set out in the current privacy policy at https://www.max-knobloch.com/service/datenschutz and, for the online shop, in the privacy policy linked there.

§ 14 Consumers’ right of withdrawal

14.1 Consumers generally have a statutory right of withdrawal from distance contracts and off-premises contracts. Details are set out in the applicable instructions on withdrawal in Annex 1 or Annex 2.

14.2 There is no right of withdrawal for contracts for goods that are not prefabricated and for whose manufacture an individual choice or specification by the Consumer is decisive, or which are clearly tailored to personal needs.

14.3 Business Customers have no statutory right of withdrawal.

14.4 For contracts concluded online that are subject to a right of withdrawal, the Consumer may use the electronic withdrawal function provided in a prominent and easily accessible manner. After using the confirmation function, the Consumer will receive, without undue delay, an acknowledgement of receipt on a durable medium stating the content, date and time of the withdrawal declaration.

§ 15 Applicable law, place of performance, jurisdiction and dispute resolution

15.1 German law applies. For Consumers, this applies only insofar as it does not deprive them of mandatory protection under the law of their country of habitual residence. In dealings with Business Customers, the United Nations Convention on Contracts for the International Sale of Goods is excluded.

15.2 For Business Customers, the place of performance is KNOBLOCH’s registered office unless otherwise agreed.

15.3 If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is 04720 Döbeln. KNOBLOCH may also bring proceedings at the Customer’s general place of jurisdiction. For Consumers, the statutory rules on jurisdiction apply.

15.4 KNOBLOCH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

§ 16 Final provisions

16.1 Amendments and additions to the contract must be made in text form for evidentiary purposes. Individual agreements and statutory requirements as to form remain unaffected.

16.2 If any provision is or becomes wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provisions will apply in its place.

Annex 1: Instructions on withdrawal for deliveries of goods to Consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen (14) days from the day on which you, or a third party designated by you other than the carrier, take possession of the goods. Where several goods ordered in a single order are delivered separately, the period begins upon receipt of the last item; where goods are delivered in several lots or pieces, it begins upon receipt of the last lot or piece.

To exercise your right of withdrawal, you must inform us (Max Knobloch Nachf. GmbH, Burgstraße 38, 04720 Döbeln, telephone: +49 3431 6064-200, email: info@max-knobloch.com) of your decision by an unequivocal statement, for example by letter or email. You may use the model withdrawal form for this purpose, but this is not obligatory.

For a contract concluded through the online shop, you may also use the permanently accessible “Withdraw from contract” button there, followed by the “Confirm withdrawal” confirmation function. You will receive an electronic acknowledgement of receipt without undue delay.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of your right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs, except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen (14) days from the day on which we receive your declaration of withdrawal.

We will use the same means of payment for the reimbursement as you used for the original transaction, unless expressly agreed otherwise; in no event will you incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence that you have sent them back, whichever is earlier.

You must send back or hand over the goods to Max Knobloch Nachf. GmbH, Burgstraße 38, 04720 Döbeln, without undue delay and no later than fourteen (14) days from the day on which you inform us of your withdrawal. The deadline is met if you send the goods before the period expires.

You bear the direct cost of returning goods suitable for parcel shipping. For goods unsuitable for parcel shipping, you bear the direct return costs only if, before you submitted your contractual declaration, we informed you of this and of the specific amount or a reliable estimate of those costs.

You are liable for any diminished value of the goods only if it results from handling beyond what was necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal for custom-made goods

There is no right of withdrawal for contracts for goods that are not prefabricated and for whose manufacture an individual choice or specification by the Consumer is decisive, or which are clearly tailored to the Consumer’s personal needs.

Annex 2: Instructions on withdrawal for stand-alone services to Consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen (14) days from the date on which the contract is concluded.

To exercise your right of withdrawal, you must inform us (Max Knobloch Nachf. GmbH, Burgstraße 38, 04720 Döbeln, telephone: +49 3431 6064-200, email: info@max-knobloch.com) of your decision by an unequivocal statement, for example by letter or email. You may use the model withdrawal form for this purpose, but this is not obligatory.

For a contract concluded through an online interface, you may also use the permanently accessible “Withdraw from contract” button there, followed by the “Confirm withdrawal” confirmation function. You will receive an electronic acknowledgement of receipt without undue delay.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of your right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than fourteen (14) days from the day on which we receive your declaration of withdrawal. We will use the same means of payment for the reimbursement as you used for the original transaction, unless expressly agreed otherwise; in no event will you incur any fees as a result of the reimbursement.

If you expressly requested that we begin providing the service before the withdrawal period expires, you must, in the event of withdrawal, pay us a reasonable amount corresponding to the proportion of the services already provided up to withdrawal compared with the total scope agreed in the contract, provided that the statutory requirements for compensation for value are met.

For a paid service contract, the right of withdrawal expires upon full performance of the service only if, before performance began, you expressly agreed that we could begin performance before the withdrawal period expires and acknowledged that you would lose your right of withdrawal upon full performance of the contract, and if the other statutory requirements are met.

Annex 3: Model withdrawal form

To Max Knobloch Nachf. GmbH, Burgstraße 38, 04720 Döbeln, email: info@max-knobloch.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):

________________________________________________________________________________

Ordered on (*) / received on (*): _______________________________________________

Name of consumer(s): _________________________________________________________

Address of consumer(s): _______________________________________________________

________________________________________________________________________________

Date: ____________________    Signature (only if submitted on paper): ____________________

(*) Delete as appropriate

Annex 4: Harmonised notice on the legal guarantee of conformity for Consumers