Terms of service
1. Scope, Definitions
These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the delivery of goods concluded between
Anil Winkler (sole trader), Heinrichstraße 168, 64287 Darmstadt, Germany, Email: winkler@formavit.de
(hereinafter "Seller")
and the customer via the online shop.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
The products displayed in the online shop do not constitute a legally binding offer, but rather an invitation to place an order.
By completing the order process (button "order with obligation to pay" or similar), the customer submits a binding offer to purchase the goods in the shopping cart.
The Seller confirms receipt of the order by email (order confirmation). The order confirmation does not yet constitute acceptance. The contract is concluded as soon as the Seller accepts the order by means of an express order confirmation or by dispatching the goods.
The customer can identify and correct input errors before submitting the order during the ordering process.
3. Prices, Shipping Costs, Payment
All prices are final prices and include the statutory VAT, unless expressly stated otherwise.
Shipping costs may be charged in addition to the product prices. These will be shown separately during the ordering process.
The available payment methods are displayed in the online shop. The Seller may restrict payment methods depending on the order volume, creditworthiness, country of delivery, or shopping cart composition. Typical payment service providers may include, among others, Shopify Payments, PayPal, credit card, Klarna, and others.
4. Delivery, Shipping, Transfer of Risk
Delivery is made within Germany and to countries of the European Union.
Delivery times are stated in the online shop or in the order confirmation. Partial deliveries are permitted, provided they are reasonable for the customer.
Freight deliveries are made to the kerbside, i.e. to the delivery address at the kerbside/nearest accessible unloading point. The customer is obliged to ensure a suitable unloading option and accessibility.
Transfer of Risk
In transactions with consumers, the risk of accidental loss and accidental deterioration of the goods passes to the consumer only upon handover of the goods to the consumer or an authorised third party.
In transactions with entrepreneurs, the risk passes to the customer upon handover to the transport service provider/freight carrier.
5. Retention of Title
The goods remain the property of the Seller until full payment of the purchase price. In transactions with entrepreneurs, this also applies to all claims arising from the ongoing business relationship.
6. Customer-Specific Goods, Cutting and Processing
Customer-specific goods are in particular goods that are cut, drilled, edge-finished, straightened, or otherwise customised according to customer specifications (e.g. cut-to-size, custom drilling, edge finishing).
The customer is obliged to provide all information required for customisation (dimensions, sketches, specifications) completely and correctly, and to review it carefully before placing the order.
Once production/processing has begun, changes or cancellations of customer-specific orders are generally excluded, unless the Seller agrees in writing.
Exclusion of right of withdrawal: Consumers have no right of withdrawal for customer-specific goods, to the extent that the statutory requirements are met. Reference is made to the withdrawal policy in this regard.
7. Dimensional and Manufacturing Tolerances (GRP)
For goods made of glass fibre reinforced plastic (GRP), in particular grating, steps, panels, and profiles, dimensional tolerances due to material and manufacturing conditions are technically inherent and standard within the industry.
Unless a binding dimensional accuracy has been expressly agreed in writing, deviations of up to ±10 mm are possible (depending on product group and manufacturing process).
Manufacturing tolerances also apply to cut or processed goods (e.g. cut-to-size, pre-drilling, edge finishing, straightening); the relevant specifications in the product description or data sheet shall apply.
Minor, technically unavoidable deviations in dimensions, surface, colour, or structure do not constitute a material defect, provided that the usability is not substantially impaired.
The customer is responsible for on-site inspection and fit in conjunction with the substructure, fixings, supports, recesses, and installation conditions.
Aesthetic characteristics / surface finish: GRP products may, due to manufacturing and material conditions, exhibit minor visual irregularities, e.g. slight surface roughness, visible fibre/fabric structures, variations in colour and gloss level, small pores/voids, and minor edge irregularities or chipping, particularly at cut edges. Such deviations do not constitute a material defect, provided they are standard within the industry and do not substantially impair the usability, load-bearing capacity, and safety of the goods.
8. Inspection Obligations and Notification of Defects (in particular B2B)
Entrepreneurs must inspect the goods immediately upon delivery and notify any apparent defects without delay.
Obvious defects must be reported by the entrepreneur in writing (text form is sufficient, e.g. email) no later than 7 calendar days after delivery. Hidden defects must be reported immediately upon discovery.
If the entrepreneur fails to provide timely notification, the goods shall be deemed approved, to the extent permitted by law.
9. Statutory Liability for Defects (Warranty)
For consumers, the statutory provisions on liability for defects apply.
In transactions with entrepreneurs, the statutory provisions apply with the proviso that the Seller shall first fulfil its obligations, at its own discretion, by means of subsequent improvement or replacement delivery. Further claims exist only in accordance with these GTC and the statutory provisions.
10. Notes on Use, Installation, and Safety
The goods delivered by the Seller are intended for the purposes stated in the product description. The customer must use the goods in accordance with the product description, technical notes, and any enclosed installation/assembly instructions.
Proper planning, selection (in particular suitability for the specific application), assembly/installation, substructure, fixings, compliance with load assumptions, standards, and safety regulations are the responsibility of the customer or the specialist contractors commissioned by them.
Products with anti-slip properties may reduce the risk of slipping, but do not constitute a guarantee against accidents. Contamination, moisture, ice, wear, and improper installation can affect slip resistance.
11. No Structural, Load-Bearing, or Application Advice; Product Information
The Seller supplies goods only. The Seller does not provide structural engineering, load-bearing, planning, or design services, nor project-specific advice on the suitability of the goods for a particular application.
Information in product descriptions, data sheets, technical information sheets, tables, or other documents of the Seller (in particular regarding load capacity, load values, spans, mesh sizes, support widths, slip resistance, or other technical properties) describes the characteristics of the goods under the respective specified test or reference conditions. It does not constitute binding advice or an assurance of suitability for the customer's specific installation or use case. No guarantee is given thereby, unless it is expressly and in writing designated as such.
Responsibility for planning, structural design, selection of suitable goods, determination of the relevant load assumptions, specification of substructure, supports, fixings, and recesses, as well as compliance with applicable standards, building regulations, and safety requirements, lies solely with the customer or the specialist planner, structural engineer, or qualified expert commissioned by them. This applies in particular to safety-relevant applications (e.g. walkable or drivable surfaces, fall protection, load-bearing components).
Any technical notes, recommendations, or information provided by the Seller are given to the best of the Seller's knowledge, but are non-binding and without any legal obligation to advise. They do not relieve the customer of their own responsibility to verify the suitability of the goods for their specific intended use.
The above provisions do not affect the statutory liability for defects (Section 9) or the liability provisions in Section 11; in particular, the Seller's liability in cases of intent and gross negligence, injury to life, body, or health, under the Product Liability Act, and under any expressly assumed guarantee remains unaffected.
12. Liability
The Seller is liable without limitation:
- in cases of intent or gross negligence,
- for injury to life, body, or health,
- under the provisions of the Product Liability Act,
- and to the extent of any assumed guarantee.
In cases of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Cardinal obligations are obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the customer may regularly rely.
Otherwise, the Seller's liability for damages caused by slight negligence is excluded, to the extent permitted by law.
The above liability provisions also apply in favour of the Seller's legal representatives, employees, and vicarious agents.
13. Withdrawal (Consumers Only)
The Seller's withdrawal policy applies to consumers. Entrepreneurs have no statutory right of withdrawal.
14. Returns (Procedural)
Returns — irrespective of the statutory right of withdrawal — should where possible be announced in advance by email to ensure smooth processing.
Returns must be sent to the return address stated in the withdrawal policy.
15. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
In transactions with entrepreneurs, the place of jurisdiction for all disputes arising from contractual relationships is the Seller's registered place of business, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory regulation.