1.         Scope, Form

(1)   The following terms and conditions of sale and delivery apply to all business relationships between the Seller (Schattdecor AG) and its customers ("Buyer"). These conditions only apply if the Buyer is an entrepreneur (Section 14 Civil Law Book), a legal entity under public law or a special fund under public law.

(2)   Unless otherwise agreed, these terms and conditions apply in the version valid at the time of the Buyer's order or at least in the version last communicated to him/her in text form as a framework agreement for similar future contracts without the Seller having to refer to them again in each individual case.

(3)   These conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Buyer shall only become part of the contract if, and to the extent that, the Seller has expressly agreed to their validity. This requirement of consent applies in any case, for example even if the Seller carries out the delivery to him/her without reservation, knowing the Buyer's terms and conditions.

(4)   Individual agreements made with the Buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these conditions. A written contract or written confirmation from the Seller is authoritative for the content of such agreements, subject to evidence to the contrary.

(5)   Legally relevant declarations and notifications by the Buyer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction in price) must be in writing, i.e. to be submitted in writing or text form (e.g. letter, email, fax). Statutory formal requirements and other evidence, in particular in the event of doubts about the legitimacy of the declaring party, remain unaffected.

2.         Orders and Offers

(1)   Offers by the Seller are non-binding. Purchase contracts are only concluded with a written confirmation or acceptance by the Seller or with delivery of the goods. In the case of short-term delivery, the invo