Terms and Conditions
I. General terms and conditions
§1 Basic provisions
(1)The following terms and conditions apply to contracts that you have with us as a provider (gbc engineers GmbH ) via the website www.floorplan-digital.com or via other means of remote communication. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its independent professional or commercial activity.
(3) When registering, the customer must provide truthful and correct information and provide a permanently accessible email address. The customer is responsible for the use of the customer account. The customer is liable for any damage that may arise from the processing or forwarding of access data.
§2 Conclusion of the contract
(1) The subject of the contract is the provision of services in accordance with our range of services on www.floorplan-digital.com.
(2) Our offers on the Internet are non-binding and not a binding offer to conclude a contract. The illustrations shown on the website are not to scale and are only used to promote sales.
(3) You can submit a binding contract offer (order) via the online ordering system in your customer login. We are entitled to accept the submitted contract offer within seven working days.
(4) Delivered goods or data remain the property of gbc engineers GmbH until full payment.
(5) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(6) If you have a request for a quote outside of the online ordering system, you will receive all contract data in text form, for example by email, as part of a binding offer, which you can print out or save electronically.
§3 Provision of services
(1) We owe the individual services resulting from the service description in the respective offer. To the best of our knowledge and belief, we provide these personally or through third parties.
(2) You are obliged to cooperate if further information has to be made available to us in order to provide the service. In particular, you have to provide us with the relevant media for the provision of services.
(3) You bear the costs for sending your media to us. The customer is solely responsible for the content of the files transferred to us.
(4) Compliance with copyright, trademarks and other rights is from customers exposed. The customer is liable in the event of a claim for damages.
§4 Price and delivery
(1) The delivery of the goods takes place via your customer login or another way agreed with the buyer. If the delivery is made via the customer login, the goods will be made available for download in your personal customer login. Prices for postage and packaging are shown separately.
(2) Payment is made in advance via PayPal. Either with the credit card or directly through the PayPal account.
(3) The price which is displayed on the website is net price and excluded from all types of tax.
(4) The product will be sent after a normal delivery time, but as soon as possible. The specified delivery dates are non-binding and do not entitle you to a claim for compensation unless you acted with gross negligence.
(5) After the service has been provided, the invoice will be sent to the email address you have specified.
(6) From the beginning of the delay, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, be it as a buyer or a seller, the interest rate is 5% above the base rate. In the case of purchase contracts between entrepreneurs, the interest rate rate is increased to 8% above the base rate by the debt law reform.
(1) There are no warranty claims for minor defects.
(2) In case of defects, the customer must immediately report the defects to us with a detailed description.
(3) If the defects are justified, gbc engineers GmbH is obliged to carry out subsequent performance or replacement delivery. We are entitled to refuse subsequent performance if it is feasible only at disproportionate cost.
§6 Right of withdrawal
(1) There is no right of return or cancellation.
(2) Terms of withdrawal is based on § 312g BGB (Civil Code of Germany)
(1) The contractor is fully liable in accordance with the statutory provisions for damage to life, limb and health, which is based on a negligent or willful breach of duty by the contractor, his legal representatives or his vicarious agents, as well as for damage that is covered by liability according to the Product Liability Act. As well as for damages that are based on willful or grossly negligent breaches of contract as well as fraud on the part of the contractor, his legal representatives or vicarious agents. If the contractor has given a quality and / or durability guarantee with regard to the goods or parts thereof, he is also liable within the scope of this guarantee. For damages that are based on the lack of guaranteed quality or durability but do not occur directly on the goods,
(2) The contractor is also liable for damage caused by simple negligence, insofar as this negligence concerns the violation of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract. The same applies if the client is entitled to claims for damages instead of the service. However, he is only liable if the damage is typically associated with the contract and is foreseeable.
(3) Any further liability of the contractor when a thing is sold is excluded regardless of the legal nature of the asserted claim; this applies in particular to tort claims or claims for reimbursement of futile expenses instead of performance. Insofar as the contractor’s liability is excluded or limited, this also applies to the personal liability of its employees, workers, employees, representatives or vicarious agents.
(4) There is no liability for the constant availability of this website and the goods offered on it. As far as we enable access to other websites with links, we are not responsible for the external content contained therein.
§8 Data protection
(2) The customer has the right to withdraw his consent at any time with future effect. In this case, we are obliged to delete the customer’s personal data immediately. In the case of ongoing order processes, deletion takes place after the order process is completed.
§9 Choice of law
(1) German law is applied. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer (principle of favourability).
(2) The provisions of the UN sales law expressly do not apply.
(3) The contract language is German.
II. Customer information
(1) Identity of the provider
Am Spreebord 9d
Phone: 030 339 38740
Floorplan Digital is a service of gbc engineers GmbH with headquarter in Berlin. We offer the creation and digitisation of floor plans for all types of projects. Our specialists accompany you with professional CAD software and advanced technology on the way to your ideal digital floor plan.
gbc engineers GmbH
Am Spreebord 9d
10589 Berlin, Germany