Allgemeine Geschäftsbedingungen

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1. Scope, subject matter of the contract

1.1. These General Terms and Conditions (hereinafter referred to as Terms) apply to contracts for trade services between the Baucentrum Cronrath GmbH, Büchlerhausen 3-7, 51766 Engelskirchen (hereinafter referred to as hagedoo) as contractor and the customer (hereinafter referred to as the customer ) As client.

1.2. Deviating, conflicting or additional terms and conditions of the customer shall only be part of the contract if hagedoo has expressly agreed to their inclusion in the contract the customer carries out a service to him unconditionally.

1.3. The contracts between hagedoo and the customer are work contracts for craftsmanship services.The specific services that hagedoo provides for the customer in each individual case arise from the respective order.

2. Provision of services by third parties

2.1. hagedoo does not usually provide its services to the customer, but through third parties (subcontractors) .The customer may object to execution by a subcontractor selected by hagedoo if the performance of the service by the subcontractor hagedoo is unreasonable in individual cases Unacceptability must be specified by the customer in which case hagedoo is entitled to commission another subcontractor to provide the service to the customer.

2.2. Subcontracting a subcontractor with hagedoo will not affect the customer's claims to hagedoo.

2.3. If these terms and conditions refer to the fact that hagedoo provides services, this also means any services provided by subcontractors who are used by hagedoo for the provision of services.

3. Conclusion

A contract between hagedoo and the customer for the provision of craft services is concluded as follows:

3.1. The customer provides information on the desired trade on the portal hagedoo.de These information provided by the customer will be transferred by hagedoo in a cost estimate (cost estimate in the sense of § 649 BGB) (hereinafter referred to as cost estimate ) In individual cases, it may be possible that a visit to the place where the product is to be created is necessary to prepare the estimate, hagedoo will inform the customer and ask for an appointment.

3.2. If Customer agrees to the quotation, he / she submits an offer (hereafter referred to as Offer ) that corresponds to the quotation and the date of submission of the offer is confirmed to the Customer by e-mail, in which confirmation is still no acceptance of the offer by hagedoo to see.

3.3. From the moment the customer submits the offer, hagedoo has 72 hours to accept the offer and within these 72 hours hagedoo checks whether sufficient capacities exist - especially for subcontractors (provision of services by third parties according to § 2 of these Terms and Conditions) The acceptance of the offer will be sent to hagedoo via e-mail to the e-mail address specified by the customer in the offer.

3.4. After expiry of the aforementioned 72 hours since the offer was submitted by the customer, hagedoo can no longer accept the offer.

4. Obligations of the customer

4.1. The customer is obliged to provide true and complete information, in particular the data directly related to the service (for example, surface area in square meters for painting or floor work, underground information, ancillary works of other contractors).

4.2. The customer indicates in his offer a place for the performance of the desired services (hereinafter referred to as place of performance ) .The customer will either be himself or represented by a third party on the agreed date at the place of performance to hagedoo (or the hagedoo This also applies to a visit to the place of performance prior to the performance of the service, and such a visit is the subject of regular consultations with the customer regarding details of the specific performance, so that the customer or his representative is present throughout this period should.

4.3. If preparatory actions are necessary at the place of performance in order to be able to perform the agreed services properly and on time, these must be carried out by the customer before the execution date (eg removal of carpets and furniture at the place of performance for floor laying work or making walls accessible for painting work) if and to the extent hagedoo was also commissioned to carry out these preparatory acts.

5. Remuneration, way of payment

5.1. The amount of remuneration depends on the individual order. With submission of the offer, the customer also selects the payment method he wants.

5.2. The customer is obliged to pay hagedoo an amount of 5% of the total amount (including VAT) of the order immediately after the conclusion of the contract (hereinafter referred to as advance payment ) In the case of an objectively justified reason, hagedoo may demand a higher advance payment from the customer prior to commencement of the work in individual cases, however, a maximum of 35% of the agreed total remuneration Order to order or manufacture are (eg custom-made windows) and in terms of value in relation to the total order volume in weight (at least 10% of the total gross sum.) The material reason must be stated at the latest at conclusion of contract and the amount of the advance payment to agree, usually are the factual G around and the amount of the advance payment already quoted in the quotation.

5.3. There is no objective reason in the sense of the above paragraph (2) at costs for materials that are commonly used in a variety of trades (eg standard wiring in the electrical installation, standard pipes in the sanitary sector, not to mix in individual cases standard colors for painting).

5.4. The due date of the agreed remuneration is otherwise governed by the statutory provisions.

5.5. After commencement of the fulfillment activities, hagedoo may demand advance payments in accordance with §§ 632a, 650m BGB, as far as the value of the services provided exceeds the amount of the advance payment made.

6. Contract changes, additional and different services

6.1. For contract changes in construction contracts, the statutory provisions, §§ 650a ff. BGB.

6.2. If the customer requests changes to the agreed service, then hagedoo will make an offer to the customer that, in addition to the adjusted services, also relates to the adjusted compensation and service time. If the customer accepts this offer, the original contract will be modified accordingly.

6.3. Insofar as hagedoo acts without a mandate or deviates unauthorized from the manner or the content of the agreed service, such work shall only be remunerated if the customer subsequently recognizes it.The regulations on the management without order (§§ 677 ff ) and the unjust enrichment (§§ 812 ff. BGB) remain unaffected.

7. Power time

7.1. Upon conclusion of the contract, hagedoo and the customer agree on a deadline by which the execution of the trade services shall be completed (hereinafter referred to as execution period ) the customer.

7.2. In the case of trades that can only be carried out in certain weather conditions, the execution period is extended by the period in which the execution was not possible due to the weather conditions In the case of services already started, hagedoo can add an additional time limit for resuming the execution of one week register with the customer.

7.3. If the customer breaches a duty to cooperate, hagedoo informs the customer and sets a reasonable deadline for the removal of an associated impediment to performance, unless a deadline is dispensable under the law The execution period is extended by the period in which there is a hindrance to performance The other reasons for an extension of the period of execution, in particular due to weather conditions or the provision for a temporal surcharge for the resumption of already started execution acts remain unaffected.

8. Decrease

8.1. The acceptance of the product by the customer is governed by the law.

8.2. The acceptance by the customer can also be tacit, through unconditional payment of the remuneration, by rügelose receipt of the work or put into use.

9. Retention of title

9.1. hagedoo reserves all property to hagedoo in the course of the services to the customer, the property before complete payment of all compensation claims from the contractual relationship, if and insofar as the ownership of hagedoo not by law to the customer or a third party should have been ignored (eg by mixing, mixing or compound according to §§ 946 ff. BGB).

9.2. The retention of title shall remain valid even if the reserved property is an accessory of another property.

9.3. In the case of seizure of objects subject to retention of title by third parties or other encroachments, the customer must point out the property of hagedoo and notify hagedoo immediately so that hagedoo can protect its rights against the third party.

10. Set-off, right to refuse performance

10.1. Offsetting the customer against hagedoo is only possible with undisputed or legally established claims.

10.2. The customer is entitled to a right of retention only if the asserted counterclaim is based on the same contractual relationship.

11. Dispute resolution procedure before a consumer arbitration board

hagedoo is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

12. Haftung

12.1. For damages of the customer from injury to life, body or health, hagedoo shall only be liable if these are due to a negligent breach of duty by hagedoo or a willful or negligent breach of duty by a legal representative or vicarious agent (such as subcontractors) of hagedoo.

12.2. Hagedoo is only liable for other damages if these are based on a grossly negligent breach of duty by hagedoo or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of hagedoo.

12.3. The liability of hagedoo under the Product Liability Act, for a guaranteed warranty or fraudulent misrepresentation shall be governed by statute, in the event of doubt in the preceding paragraphs (1) and (2).

12.4. The provisions on the exclusion of liability apply accordingly to the personal liability of the organs, employees and vicarious agents (especially subcontractors) of hagedoo.

13. Reference to the right of withdrawal

Information on the right of withdrawal and a withdrawal form can be found after these terms and conditions. Notes on the statutory right of withdrawal for consumers

14. Notes on the statutory right of withdrawal for consumers

Withdrawal

  • Information on the right of withdrawal and a withdrawal form can be found in these terms and conditions.
  • In order to exercise your right of withdrawal, you must inform us (Baucentrum Cronrath GmbH, Büchlerhausen 3-7, 51766 Engelskirchen, telephone number, e-mail, fax from hagedoo) by means of a clear statement (eg letter, fax or e-mail) about your decision, You may use the attached model withdrawal form, which is not mandatory.
  • In order to maintain the cancellation period, it is sufficient that you send the declaration on the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

  • If you withdraw from this contract, we will immediately refund any payments we have received from you.
  • In the case of cancellation, you must return to us any services you have received until such time as we revoke it, and if the return of a service is by its nature excluded, and any materials used in the construction can not be removed without destruction, you will have to pay compensation.
  • If the customer revokes the contract, then the customer owes Hagedoo value compensation for the service rendered until the revocation, if the customer of Hagedoo has expressly requested that Hagedoo begin with the service before expiry of the revocation period (§ 357 Abs.8 BGB).

15. Exclusion / expiry of the right of withdrawal, compensation for value

  • The right of withdrawal does not apply to contracts in which the consumer has expressly requested the trader to visit him for urgent repair or maintenance work, except as regards other services rendered during the visit which the consumer has not expressly requested, or in respect of such goods supplied during the visit which are not necessarily required as spare parts during maintenance or repair (§ 312 g para. 2 sentence 1 no. 11 BGB).
  • The right of withdrawal expires in the case of a contract for the provision of services, even if the entrepreneur has provided the service completely and has only begun to carry out the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he loses his right of withdrawal with complete fulfillment of the contract by the entrepreneur (§ 356 Abs. 4 Satz 1 BGB)

16. Withdrawal form

If you want to revoke the contract, you can fill out this form and send it back

  • To: Baucentrum Cronrath GmbH, Büchlerhausen 3-7, 51766 Engelskirchen
  • E-Mail: [to be completed]
  • I hereby revoke the contract concluded by myself / us for the purchase of the following goods / the provision of the following service
  • Ordered on / received on:
  • Name of the consumer (s):
  • Address of the consumer (s):
  • Signature of the consumer (s) (only on notice on paper):
  • Date:

17. Note

If you declare the cancellation you owe possibly a compensation for the services provided until the cancellation (see cancellation policy).