General Terms and Conditions
1. General Provisions
Luxembourg law applies. These General Terms and Conditions (GTC) apply regardless of whether we act as the main contractor or subcontractor. Any opposing or deviating terms from the client or supplier are rejected. These GTC do not apply to public contracts. In the event of discrepancies between the different language versions of these GTC, the French version shall prevail.
2. Other Contractual Foundations
2.1. Order Acceptance
All offers are non-binding until accepted. If the customer's order differs from our offer, a contract will only be concluded once the contractor has confirmed the order.
2.2. Delivery Delay
If the service we are required to provide is delayed due to force majeure, a lawful strike, a non-culpable inability on our part or that of one of our suppliers, or unfavorable weather conditions, the agreed delivery period shall be extended by the duration of the delay. If the delay is excessively long, either party may terminate the contract without compensation. If delivery cannot take place on the agreed date due to circumstances attributable to the client, the risk transfers to the client as soon as they receive notification of delivery availability. Storage costs shall be borne by the client. We reserve the right to claim additional delay fees.
2.3. Defect Claims
Obvious defects in our service must be reported in writing by clients within two weeks after the delivery of goods or acceptance of the service. After this period, no claims for obvious defects may be made. Additional provisions regarding commercial sales remain unchanged.
2.4. Statute of Limitations for Defects
For contracts with businesses that do not concern construction services, the warranty period is one year. For repair work that does not constitute construction services, the warranty limitation period is also one year, regardless of the contractor's identity. These provisions do not apply in cases of intentional misconduct or gross negligence, claims for bodily injury or health impairment, or if the seller has deliberately concealed a defect or has provided a quality guarantee for the delivered item.
2.5. Warranty Implementation
In the case of a justified complaint, we have the choice to either repair the defective delivered items or provide a replacement to the client in exchange for the return of the affected item. As long as we fulfill our defect repair obligations, the client has no right to demand a price reduction or contract cancellation, except in the event of failed repairs. If a repair or replacement is impossible, fails, or is refused, the client may request a price reduction or contract cancellation.
2.6. Delivery
We assume that the vehicle can access the building directly for unloading. Additional costs due to extra transport distances or difficult access between the vehicle and the building will be charged separately. For transport beyond the second floor, mechanical transport means must be provided by the client. Staircases must be accessible and protected against damage. If the execution of our work or that of the persons we have commissioned is hindered by circumstances attributable to the client, the corresponding costs (e.g., working time and travel expenses) will be charged.
2.7. Advance Payment
In the absence of an individual payment plan, we may require an advance payment for partial services up to the value of the service provided.
3. Formal Acceptance
If a formal acceptance is contractually stipulated, it shall be deemed accepted even if the client has been invited to the acceptance once in a reasonable manner without success. The acceptance shall also be deemed accepted twelve business days after receipt of the invitation.
4. Termination Compensation
If the client terminates the contract without justification, we may demand 10% of the agreed price for the portion of the service not yet provided (termination compensation). We reserve the right to claim higher termination compensation upon providing appropriate proof. The client also has the right to prove that we are not entitled to any termination compensation or only a lower amount.
5. Maintenance, Inspection, and Care Instructions
We point out that maintenance work must be carried out to ensure lasting functionality, in particular:
- Fittings and movable parts must be checked and, if necessary, oiled or greased.
- Sealing joints must be regularly inspected.
- Interior and exterior coatings (e.g., windows, floors, stair treads) must be maintained according to the type of varnish or glaze and the exposure to weather and usage.
These tasks are not part of the contract unless explicitly agreed otherwise. Failure to carry out maintenance work may affect the lifespan and functionality of the components without entitling the client to defect claims.
Minor and acceptable deviations in dimensions and execution (color and structure), particularly for subsequent orders, are reserved, provided they are due to the nature of the materials used (solid wood, veneers, leather, fabrics, etc.) and are customary.
The client is responsible for maintaining appropriate climatic conditions (humidity, temperature) to protect and preserve the delivered components.
6. Exclusion of Offsetting
Offsetting with claims other than those that are undisputed or legally established is excluded.
7. Retention of Title
The delivered items remain our property until full payment of the remuneration has been made.
The client is required to inform us immediately in writing of any seizures of the items subject to retention of title and to notify the seizing creditors of the retention of title. The client is not authorized to sell, give away, pledge, or transfer the items subject to retention of title as security.
If the delivery is made for a business operated by the client, the items may be resold in the ordinary course of business. In this case, the client's claims against the buyer resulting from the resale are hereby assigned to us up to the invoiced value of the delivered items subject to retention of title. If the items are resold on credit, the client must retain ownership towards their buyer. The rights and claims arising from this retention of title toward the buyer are hereby assigned to us by the client.
If the items subject to retention of title are incorporated as essential components into the client’s real estate, the client hereby assigns the claims resulting from the sale of the real estate or real estate rights, up to the invoiced value of the items subject to retention of title, with all accessory rights, to our benefit.
If the items subject to retention of title are incorporated as essential components into the real estate of a third party by the client or on their behalf, the client hereby assigns all claims resulting from the service against this third party or any other concerned person, up to the invoiced value of the items subject to retention of title, with all accessory rights, to our benefit. In the case of processing, combining, or mixing the items subject to retention of title with other objects by the client, we hold joint ownership of the new object in proportion to the invoiced value of the items subject to retention of title relative to the value of the other objects.
8. Property and Copyright rights
We reserve the property and copyright rights to quotations, designs, drawings, and calculations. They may not be used, reproduced, or disclosed to third parties without our consent. They must be returned immediately if the contract is not awarded.
9. Dispute Resolution
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
10. Jurisdiction
If both contracting parties are merchants, the exclusive place of jurisdiction is the registered office of our company.
11. Validity of Clauses
If any clause in these GTC is deemed invalid or unenforceable, this shall not affect the validity and enforceability of the remaining clauses. The parties undertake to replace the invalid clause with a valid provision that comes as close as possible to the economic objective of the invalid clause.
12. Data Protection
We store our clients' personal data in machine-readable form to fulfill our pre-contractual and contractual obligations. Data processing is based on Article 6(1)(b) of the GDPR. We guarantee that this data is stored exclusively for internal purposes. It will not be passed on to unauthorized third parties for commercial purposes.