1.  Terms and conditions of contract

All deliveries and services are provided exclusively in accordance with the following General Terms and Conditions. Any deviating provisions must be made in writing.

2.  Order confirmation

Our offers are subject to change. A contract is only concluded upon written confirmation of your order. Verbal, telephone, and fax agreements are only binding if they are subsequently confirmed in writing.

3. Construction services

Written agreements apply to all construction services (carpentry and interior finishing). Exceptions (e.g., agreements in accordance with VOB) require express written confirmation.

4. Services and deliveries

4.1. We endeavor to meet the dates and deadlines specified by us, but must reserve the right to delay the services owed due to compelling and serious circumstances beyond our control (e.g., labor disputes, advance services by third parties, etc.).

4.2. Unless otherwise agreed, the shipment and delivery of goods by a third party shall be ex works, at the expense and risk of the customer.

4.3. The client is obliged to provide the place of performance in such a way that a smooth workflow is guaranteed. If this is not possible, the client is obliged to inform the contractor in writing. In any case, the normal obligation to perform ends at the property specified in the delivery address.

4.4. Some standard models are subject to a minimum order quantity; please inquire about availability for smaller batch sizes.

4.5. All electrical and plumbing installations refer only to the furniture supplied by us! Other connections must be checked on site by a specialist company and carried out if necessary. The contracted specialist company (electrical/plumbing) is responsible for the correctness of the work. All dimensions and the accuracy of the information must be checked on site! Even if we carry out the connection work, the specialist company must check it thoroughly and assume responsibility for it!

4.6. Any increase in labor costs, material costs, or sales tax after conclusion of the contract will be passed on to the customer in the same amount if delivery is to take place more than four months after conclusion of the contract. In the event of a price increase of more than five percent for individual items in a contract, the customer may withdraw from the contract with regard to these items.

5. Terms of payment

Unless otherwise agreed, invoices are payable in cash, net, without discount, from the invoice date. German law applies to deliveries abroad. First-time transactions only against advance payment! If the payment deadline is exceeded, the seller is entitled, without further reminder, to charge statutory default interest from the due date, at a rate of at least five percent per annum above the respective discount rate of the Deutsche Bundesbank. Prices agreed upon at the time of conclusion of the contract are subject to change if raw material prices rise or fall by more than five percent during the execution of the order.

6. Complaints

Complaints or defects due to recognizable, incomplete, or incorrect delivery must be reported in writing immediately, at the latest after receipt of the delivery or after completion of assembly, within 3 days. If a complaint is accepted, we shall, at our discretion, remedy the defect or provide replacement by means of a new delivery. Further claims, in particular for rescission, reduction, and damages of any kind, are excluded. Unauthorized modifications or repairs to the delivered goods shall void our obligation to provide replacement. Complaints do not release the customer from the obligation to maintain the agreed payment obligation.

7. Liability and warranty 

7.1. The warranty obligation begins with the acceptance of the delivery and ends after four years for construction work; otherwise, the statutory provisions apply. The warranty on new electrical devices and moving parts is twelve months from the date of delivery or commissioning (e.g., instruction); there is no warranty on used electrical devices and moving parts. The warranty period is not extended in the event of replacement deliveries/exchanges.

7.2. In the case of furnishings ordered on the basis of drawings, templates, models, samples, or illustrations, minor deviations in design and dimensions, color tone, and wood structure are permitted and do not constitute grounds for complaint. Please note: “Wood is a living material; differences are due to growth patterns.” Minor color differences may also occur in upholstery materials, lacquers, or plastic surfaces. Complaints in this regard are excluded, especially in the case of subsequent deliveries. Color changes (darker, yellowish, etc.) in wood products and imitation leather or leather caused by sunlight cannot be prevented and complaints in this regard are excluded. We reserve the right to make changes to the design or execution that do not impair the functionality or value of the ordered item, and such changes do not entitle the customer to make a complaint. Returns of furniture and delivered goods will not be accepted without prior consultation and our consent.

7.3. We are not liable for damage resulting from improper use and storage, faulty installation, or natural wear and tear by the customer/client. Unauthorized modifications or repairs to the delivered goods by the customer/client or third parties without our consent void our warranty.

7.4. Silicone joints are maintenance joints and are not covered by any warranty due to building structure and construction movements. Please check them regularly and replace them if necessary.

8. Acceptance

8.1. If the client does not accept the equipment/devices after they have been made available for reasons other than a defect, the work shall be deemed accepted five days after it has been made available. Use of the work by the client, whether in whole or in part, shall be deemed acceptance.

8.2. The above provision shall also apply to partial orders that are accepted separately, as well as to individual parts of an order that are intended to interact contractually, provided that separate acceptance dates have been agreed for these. In this case, the client shall receive work documents in accordance with the progress of the work, which shall serve as information on the respective project status.

8.3. Acceptance must be carried out in writing and without delay. Any complaints must be recorded in the acceptance report. Minor defects that impair functionality do not justify refusal of acceptance. The same applies to formal errors, which will be rectified immediately by Plan & Bau Schulzki GmbH.

9. Shipping and transfer of risk 

9.1 Goods shipped by third parties are shipped at the buyer’s risk. The risk is transferred to the customer upon handover to a forwarding agent or carrier, but no later than when the goods leave the workshop premises.

9.2 Until full payment has been made, the buyer must protect the goods from external influences (e.g., fire, burglary, theft, water damage).

10. Quality from Germany 

Our counters and furniture are quality from Germany. Built-in appliances, fixtures, seating, etc. may also be sourced from international production, but are then of a high quality comparable to German quality.

11. Force majeure 

Events of force majeure entitle us to postpone work, even within a delay in delivery or assembly, for the duration of the hindrance and a reasonable start-up period.

12. Retention of title

12.1 Our deliveries and goods remain our property until all our claims have been paid in full, regardless of the legal basis. They may not be sold, pledged, or transferred as security.

12.2 The customer/client is obliged to treat the goods with care. If maintenance and inspection work is necessary, the customer must carry this out regularly at their own expense.

12.3 If the delivery is made for a business operation maintained by the client, the items may be resold within the scope of proper business management. In this case, the client’s claims against the purchaser from the sale are hereby assigned to the contractor.

12.4 Cost estimates, drafts, drawings, and calculations remain the property of the contractor and may not be used, reproduced, or made available to third parties without the contractor’s consent. They must be returned immediately if the order is not placed. Copyright laws apply. If we suffer any disadvantages as a result of misuse, we are entitled to claim damages. We reserve the right to charge for extensive cost estimates.

13. Withdrawal by the contractor

Upon conclusion of the contract, the solvency or creditworthiness of the client is assumed. If concerns arise later regarding the economic circumstances of the customer, such that the contractor’s claims appear to be at risk, the contractor has the right to provide the services step by step or to demand security from the customer within one week. In this case, the contractor may interrupt the execution of the order and demand immediate payment. If the customer does not comply with this request or does not provide security, the contractor may withdraw from the contract without further ado, without the client being entitled to claim damages. Costs incurred up to this point shall in any case be paid by the client, including planning costs and material/manufacturing costs up to this point.

14. Withdrawal by the client/purchaser 

If the purchaser terminates the contract prematurely, the contractor is entitled to charge a flat rate of at least 40% of the agreed contract sum or to charge the actual costs incurred for planning and materials/production up to that point in time. The purchaser is responsible for providing evidence of lower costs. The provisions of BGB § 649 apply here.

15. Place of performance and jurisdiction 

15.1 The place of performance for all claims arising from the contractual relationship between the seller and the buyer is the seller’s registered office.

15.2 The place of jurisdiction for all disputes is the district court of Ahaus or the contractor’s registered office. The law of the Federal Republic of Germany applies to these terms and conditions and all legal relationships between the buyer and seller.

16. Legal validity 

The invalidity and ineffectiveness of individual provisions of these or other contractual terms and conditions shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that are as similar as possible.

17. Data protection

Plan & Bau Schulzki GmbH, gastrobau24, collects your data for the purpose of contract execution and to fulfill its contractual and pre-contractual obligations, as well as for direct marketing. Data collection and processing is necessary for the execution of the contract and is based on Article 6(1)(b) of the GDPR. The data will not be passed on to third parties. The data will be deleted as soon as it is no longer required for the purpose of its processing. You have the right to object to the use of your data for direct marketing purposes at any time. In addition, you are entitled to request information about the data we have stored about you and, if the data is incorrect, to request its correction or, if the data storage is inadmissible, to request its deletion. You also have the right to lodge a complaint with the supervisory authority.

As of 13/08/2025