General Terms and Conditions

Preamble

Vallone GmbH offers selected sanitary equipment products including bathtubs, washbasins, bathroom furniture, fittings and accessories. The online shop www.vallone.de, hereinafter referred to as the “Shop” or “Website”, provides a platform for selecting and purchasing the desired products.

Vallone also operates a business customer portal under the name VALLONE PRO, which is accessible only after registration and express approval of access, hereinafter referred to as “VALLONE PRO” or the “PRO Portal”. The PRO Portal is intended exclusively for business customers and provides them, in particular, with planning features, product resources, configuration options, wishlists and information on quotations, orders, products and news. Consumers are not permitted to use the PRO Portal.

NOTE: Vallone provides this English translation of its General Terms and Conditions as a service to its customers. In the event of difficulties of interpretation or translation, only the German version is authoritative.

§ 1 Scope and contractual partner

(1) Your contractual partner is

Vallone GmbH
Gelsenkirchener Str. 181
Unesco-Welterbe Zollverein,
Areal A [Schacht XII], Halle 6 [A2]
D-45309 Essen, Germany

Tel +49.201.857 914 22-0
info@vallone.de
www.vallone.de

Managing Directors: Eva Thelen, Marcel Sekula

Commercial register: Essen
Commercial register number: 25335
VAT ID No. DE294458635

(hereinafter: Vallone)

(2) The following General Terms and Conditions apply exclusively to all business relationships and relationships concerning use that arise through the Vallone Shop, VALLONE PRO, by email, by telephone or at our business premises, in the version applicable at the time of the order or use. Any differing, conflicting or supplementary general terms and conditions of the customer shall not form part of the contract unless Vallone expressly agrees to their application in text form. This also applies where Vallone performs services without reservation despite being aware of conflicting or differing terms and conditions of the customer.

(3) These General Terms and Conditions apply to both consumers and business customers, unless a provision expressly distinguishes between consumers and business customers. Provisions that expressly apply only to consumers do not apply to business customers. Provisions that expressly apply only to business customers do not apply to consumers.

(4) A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. A business customer is a natural or legal person, or a partnership with legal capacity, who enters into a legal transaction in the course of their commercial or independent professional activity.

(5) The PRO Portal is intended exclusively for business customers. By registering for, being granted access to and using VALLONE PRO, the user confirms that they are not acting as a consumer but as a business customer or as a person authorised to represent, or duly authorised to act on behalf of, a business. Vallone may request suitable evidence of business customer status, affiliation with a business or authority to represent or act on behalf of a business, and may refuse or suspend registration or use until such evidence is provided.

(6) German is the language of negotiation and contract. The following terms and conditions also apply exclusively to all foreign transactions, unless otherwise specified in our General Terms and Conditions for the respective countries. Mandatory statutory rights of consumers that cannot be excluded under the law of the state of their habitual residence remain unaffected.

(7) These General Terms and Conditions will be sent to you no later than after conclusion of the contract. As a precaution, please also save them yourself by printing them using your browser’s print function. You can download this document as a PDF and save it to your computer. To open a PDF file, you need, for example, Adobe Reader, which is available to download free of charge on the internet.

(8) We store your contract and order data and the contract text. Direct access to the contract text is not possible for security reasons.

(9) Where quotations, orders, configurations, wishlists or other content are displayed in your customer account and/or in the PRO Portal, this does not constitute a commitment to retain them permanently. Customers remain responsible for saving the documents and information they require for their own records.

(10) During the ordering process on our Website, you can identify and correct input errors before clicking the “Buy now” button to submit your contractual declaration. To do so, click the “Change details” button or use the correction option provided in the ordering process. The same applies in the PRO Portal where a binding ordering process is provided.

(11) Vallone is merely the seller of the relevant products. You are responsible for where and how the product is installed and whether it is suitable for your intended use. This applies in particular to dimensions, installation conditions, technical requirements, structural conditions, compatibility with third-party products and the selection of suitable specialist companies for planning, assembly and installation.

§ 2 Your data, registration and use of VALLONE PRO and vallone.de

(1) Registration, where provided for, and the purchase of our products are permitted only to natural persons with full legal capacity, partnerships and legal entities.

(2) Registration for and use of VALLONE PRO are reserved exclusively for business customers. Registration as a consumer or use of the PRO Portal for private purposes is not permitted. There is no entitlement to registration, approval of access, continued maintenance of a customer account or use of particular functions of VALLONE PRO.

(3) When completing buyer details, registration details or other forms, truthful, accurate, current and complete information must be provided for the data requested. This applies in particular to names, company names where applicable, addresses, email addresses, telephone numbers, VAT identification numbers, customer numbers, contact persons, representation or authorisation arrangements and any other information required to verify customer status or perform the contract. In the event of implausible, incomplete or incorrect information, we reserve the right to refuse the purchase or registration, withdraw from the purchase, block access or make the purchase or approval of access conditional upon the provision of further data or suitable evidence. The customer account on vallone.de is not transferable and must not be made available to third parties.

(4) Customers must keep their data up to date and notify Vallone without delay of any changes relevant to contract performance, delivery, invoicing, approval of access, credit assessment or communication. This applies in particular to changes to names, businesses, billing addresses, delivery addresses, contact persons, individual users’ permissions and representation or authorisation arrangements.

(5) Login credentials for your customer account or VALLONE PRO account must be kept confidential and protected against access by unauthorised third parties. Personal login credentials must not be shared with third parties. Where several people in a business are to use VALLONE PRO, separate user accounts or roles must be used where technically provided for. The customer must ensure that only authorised persons in their business have access to the PRO Portal.

(6) Declarations, orders, enquiries, configurations, requests to retrieve information, downloads or other actions carried out through a customer account or user account in the PRO Portal are attributed to the relevant customer insofar as the customer is responsible for such use. The customer must inform Vallone without delay if there are indications of unauthorised use, loss of login credentials or any other security breach.

(7) Vallone may block access to VALLONE PRO or to your general customer account in whole or in part where there are reasonable grounds to suspect misuse, unauthorised use, a breach of these General Terms and Conditions, infringement of third-party rights, a threat to portal security, incorrect information or that the requirements for approval of access are no longer met. Any further statutory and contractual rights remain unaffected.

(8) The PRO Portal and the Shop on vallone.de provide product information, images, data sheets, technical information, configuration options, planning features, downloads and other product resources. Unless expressly agreed otherwise, the customer receives only a simple, non-exclusive, non-transferable right, revocable at any time, to use these resources for their own business purposes in connection with planning, advice, preparing quotations, ordering, selling or using Vallone products.

(9) Product resources from vallone.de and VALLONE PRO must not, without Vallone’s prior consent, be reproduced, distributed, made publicly available, included in third-party shops, marketplaces, catalogues or databases, passed on to unauthorised third parties, modified, marked with the customer’s own intellectual property notices or used to advertise third-party products outside their intended business purpose. Copyright, trademark, origin and other rights notices must not be removed or altered.

(10) Content, prices, discounts, terms, product information, configurations, technical information, planning data and other information made available only to registered customers must be treated as confidential unless they are publicly known or expressly designated by Vallone for publication. The customer must protect this information against unauthorised access by third parties.

(11) The “Open configuration” function or comparable functions may be used only for the customer’s own configurations or for configurations that the customer is authorised to access. Guessing, testing, extracting, circumventing technical safeguards or otherwise accessing third-party configurations, quotation data, order data or project data without authorisation is prohibited. If configuration IDs are shared with third parties, the customer is responsible for ensuring that they are shared only with authorised persons and for the intended purpose.

(12) Where functions on vallone.de or pro.vallone.de are provided to you free of charge, Vallone does not owe any particular level of availability, quality or permanent provision of individual functions. Vallone may change, further develop, restrict, temporarily interrupt or discontinue the PRO Portal, the online Shop, individual functions, product resources or content, provided that the customer’s legitimate interests are not unreasonably impaired. Maintenance, security measures, technical disruptions or further development may result in temporary restrictions.

(13) Planning features, configurations, product recommendations, technical guidance, product data and other information in the online Shop do not replace the customer’s independent checks or planning, advice, assembly or installation by appropriately qualified specialist companies. In particular, the customer must independently check, or arrange checks of, dimensions, installation conditions, compatibility, technical requirements, structural stability, water connections, drainage, watertightness, structural features and other project-specific circumstances.

§ 3 Conclusion of contract

(1) If you are a consumer, you may first make a non-binding enquiry to Vallone about the products through the online Shop vallone.de, as explained in paragraph 3 below, by email or by telephone. Vallone checks the availability of the goods, prepares a quotation in text form and generally sends it by email. You can accept this quotation by simple confirmation in text form, in particular by email. In your interest and for evidential purposes, Vallone reserves the right to require you to confirm your acceptance by signing the quotation and returning the document. Your declared acceptance concludes a purchase contract for the desired goods.

(2) If you are a business customer, a contract between you and Vallone may also be concluded by email, by telephone, through VALLONE PRO or verbally on site. In deviation from paragraph 1, a contract between you and Vallone may also arise under commercial principles where Vallone sends you an order confirmation or a commercial letter of confirmation and you do not object to it without delay, provided that the statutory and commercial requirements for this are met.

(3) Vallone operates an online Shop at www.vallone.de and the VALLONE PRO Portal. The presentation of goods in the online Shop, in the PRO Portal or at Vallone’s business premises does not constitute a binding offer by Vallone to conclude a purchase contract. It merely invites the customer to submit an offer by placing an order or making an enquiry. This also applies to product data, configurations, availability, terms, prices, planning data and other product resources displayed in the PRO Portal, unless expressly designated as a binding offer.

(4) By submitting an order through the online Shop, the customer makes a binding offer to conclude a purchase contract for the goods in the shopping cart. Vallone acknowledges the customer’s order by sending a confirmation email. This does not yet confirm the conclusion of a contract. After checking your order and the data provided, we send you a declaration of acceptance, in particular an order confirmation. The contract is then legally concluded. For delivery of the goods, please refer to § 5 of these General Terms and Conditions.

(5) Where an ordering process in the PRO Portal is expressly designed as a binding order, the business customer makes a binding offer to conclude a purchase contract for the goods included in the order by submitting the order using the designated button. An automatically generated acknowledgement of submission, receipt or order does not constitute acceptance of this offer unless expressly designated as an order confirmation or declaration of acceptance. The contract is concluded only through an order confirmation or another express declaration of acceptance by Vallone.

(6) Where a process in the PRO Portal is designated as an enquiry, request for quotation, configuration, wishlist, project, planning, reservation, download or similar, this does not yet constitute a binding customer order or a binding conclusion of contract. In these cases, Vallone checks the enquiry or configuration and may send the customer a separate quotation or order confirmation.

(7) Vallone’s offers may be accepted within the acceptance period stated in the offer. If no acceptance period is stated, Vallone is bound by offers to consumers for 14 calendar days and by offers to business customers for 7 calendar days from receipt of the offer, unless a different period applies in the individual case or the circumstances indicate otherwise. After the acceptance period expires, Vallone is no longer bound by the offer.

(8) Configurations, plans, technical representations, drawings, visualisations or other project data generally rely on information entered or supplied by the customer and on the product data available at the relevant time. They are subject to technical review, availability, plausibility, compatibility and feasibility. Vallone may take obvious errors, technical impossibilities, changes in availability or other inconsistencies into account when reviewing an order and may refuse an offer or order or confirm it on different terms.

(9) Vallone may refuse orders or enquiries if the data provided are incomplete or incorrect, business customer status or authorisation to use VALLONE PRO has not been demonstrated, there are reasonable doubts about solvency, legal or regulatory obstacles exist, the goods are unavailable or procurement would be possible only with disproportionate effort.

§ 4 Prices, payment, pick-up on site, due date and default

(1) For consumers, all prices are in euros (€), including statutory VAT and excluding the applicable packaging and shipping costs. For business customers, particularly in the PRO Portal, all prices are net prices in euros (€), unless expressly stated otherwise, and exclude statutory VAT, packaging, shipping, freight forwarding, customs, import, insurance and other ancillary costs. The prices applicable at the time of the order or order confirmation shall apply.

(2) Larger quantities and special orders are possible but require prior individual agreement on prices, delivery time and payment terms.

(3) The purchase price is due upon conclusion of the contract, unless a different payment period has been agreed or specified in the individual case, in the order confirmation, in the quotation or on the invoice.

(4) Payments can be made using the payment services and payment methods specified in the item description, during the ordering process, in the quotation, in the order confirmation or on the invoice. No other payment methods are accepted. For payment processing through PayPal or other payment providers, please also refer to the relevant provider’s terms and conditions.

(5) Collection of and payment for the goods on site are possible by arrangement.

(6) If you select payment in advance, we will provide our bank details in the order confirmation and deliver the goods after receipt of payment. The invoice amount must be transferred to our account within 7 days unless a different period is specified. If the amount is not received within that period, we are entitled to withdraw from the contract.

(7) In the event of default, we may charge annual interest at 5 percentage points above the applicable base interest rate. For legal transactions in which no consumer is involved, we reserve the right to charge interest on payment claims in default at 9 percentage points above the base interest rate. The statutory flat-rate compensation for late payment remains unaffected for payment claims against business customers. We reserve the right to prove and claim greater loss caused by default. For reminders after default has occurred, we may charge necessary reminder costs at a flat rate of €5 per reminder. You may prove that we have suffered no loss or a lower loss. This does not preclude a reminder from a lawyer being issued in an individual case from the first day of default.

(8) You may exercise a right of retention only insofar as the claims arise from the same contractual relationship. The right to refuse performance under § 320 of the German Civil Code (BGB) remains unaffected.

(9) If we do not receive the purchase price within a statutory or specified period, we may withdraw from the purchase contract after a reasonable additional period has expired. In the case of payment in advance, no further period needs to be set.

(10) For payments that cannot be collected or are returned following an unjustified objection, we charge 3% of the invoice amount, subject to a minimum of €5, as compensation for fees and expenses. You may prove that we have suffered no loss or a lower loss. We reserve the right to claim a higher loss.

(11) To protect against credit risk, we reserve the right, depending on the relevant credit rating, to offer you only certain payment methods for the delivery you have requested.

(12) If an agreed delivery date is postponed at the customer’s request, particularly where the customer wishes to receive the goods later than originally agreed, or if the customer defaults on acceptance, for example by not being present on the agreed delivery date and not accepting the goods, Vallone may charge storage costs of €3 per calendar day. The same applies to goods in stock that have not been called off 1 month after the purchase price becomes due. Vallone may offset existing deposits against storage costs and withhold release of the goods until the purchase price and storage costs have been paid in full. You may prove that we have incurred no storage costs or lower storage costs. Vallone expressly reserves the right to claim higher storage costs.

(13) Invoices may be sent to the customer electronically where permitted by law. For transactions between businesses established in Germany, Vallone may send electronic invoices in the structured format prescribed by law. The business customer must provide a suitable means of receiving them and notify Vallone without delay of any changes to that means of receipt. Other electronic invoices, in particular PDF invoices sent by email or through the PRO Portal, may be used where permitted by law or where the customer agrees.

§ 5 Delivery

(1) We dispatch goods in stock within Germany no later than 3–8 working days after your order. The regular delivery time is 8 to 10 weeks unless otherwise stated on the detail page of the relevant product or in the order confirmation. Vallone endeavours to indicate delivery times for each product in real time. In case of doubt or conflicting delivery times, the order confirmation takes precedence over information on the product page or in the PRO Portal.

(2) For payment in advance, delivery times run from receipt of payment in our account. Different delivery times are stated in the order confirmation or item description. If the customer wishes to receive the goods on a date differing from the regular or expected delivery time, they must inform Vallone in text form before completing the order. If the customer fails to do so, Vallone expressly reserves the right to claim costs under § 4 paragraph 12.

(3) Goods are generally delivered only after full payment. By separate arrangement, goods that are not in stock may also be ordered after partial payment. However, if full payment has not been received when the goods arrive in Germany, delivery may be withheld until payment has been received in full. In these cases, the stated or agreed delivery time is extended by at least the duration of the delay in payment. In addition, goods then in stock may be delivered to other customers if a payment deadline has been exceeded.

(4) The stated delivery time is conditional upon timely delivery to us. Customers are advised that Vallone’s suppliers regularly take production holidays, which may restrict delivery times. Vallone endeavours to take these circumstances into account when stating delivery times. In particular, delivery times may change within a few days. If no contractual relationship yet exists between the parties, the customer cannot rely on outdated information about the expected delivery time when concluding the contract. The delivery time stated or agreed at the time of conclusion of the contract shall always apply.

(5) Even after conclusion of the contract, the customer may express a wish to Vallone for delivery on a fixed date outside the announced delivery period. Vallone will check whether such a fixed date can be agreed. A different delivery date requires an agreement between the parties in text form. Vallone may refuse to set a delivery date outside the regular delivery period without giving a reason, particularly where production of the order has already begun.

(6) If the goods are completed before the end of the regular delivery period, Vallone may offer the customer an earlier delivery date at any time. If the customer cannot accept the goods on the date communicated, they must notify Vallone without delay in text form and give reasons. If the customer fails to do so or does not sufficiently explain why they cannot accept delivery on that date, § 4 paragraph 12 applies.

(7) We expressly reserve the possibility that stock levels and therefore delivery times may change during the customer’s payment period. The same applies to the cases covered by § 4 paragraph 12 of these General Terms and Conditions.

(8) No fixed-date transaction arises without an express agreement on a delivery date and confirmation by Vallone. In particular, liability is excluded for any follow-up work already commissioned by the customer in reliance on the original delivery time, except where Vallone is subject to mandatory liability under § 9.

(9) For shipping outside the Federal Republic of Germany and within Europe, the same dispatch period applies, although delivery naturally takes a little longer. The buyer must bear any customs duties, import charges, taxes and other public-law levies insofar as they arise. Shipping costs to third countries must be requested separately from Vallone.

(10) If you order a product that was not yet available according to the item description, or if our suppliers fail to supply us with a product through no fault of our own, we may withdraw from the contract in respect of that product and/or from the entire contract if procuring the item would require disproportionate effort. In this case, we will inform you without delay and may suggest delivery of a comparable product. If no comparable product is available or you do not wish to receive one, we will refund without delay any payments already made in respect of that product, where applicable.

(11) We may make partial deliveries or provide partial services insofar as this does not unreasonably impair conflicting interests. If a partial delivery is made to a consumer, we will bear the additional shipping costs. For business customers, this applies only where nothing different has been expressly agreed or where the partial delivery causes the business customer unreasonable disadvantages.

(12) Collection of goods from our showroom is possible only by prior arrangement.

(13) The delivery time is extended appropriately if delivery is affected by force majeure. The following are in particular treated as equivalent to force majeure: subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, the outbreak of a pandemic or epidemic, fire, natural disasters, transport obstructions, changes in statutory provisions, official measures or regulations, or other unforeseeable events beyond our control that, viewed objectively, have not been culpably caused by us. If any such event occurs, we will inform you without delay. If the impediment to performance in these cases lasts longer than eight weeks, both parties may withdraw from the contract. No further claims, particularly for damages, arise in this case. This does not apply insofar as liability is mandatory by law in cases of intent or gross negligence, assurances, breach of essential contractual obligations through ordinary negligence or foreseeable loss typical of the contract.

(14) If delivery fails or the product must be returned to us for reasons other than statutory warranty and/or guarantee claims, the customer bears all associated costs. § 4 paragraph 12 applies accordingly. In this case, Vallone expressly reserves the right to claim loss arising from failed delivery or return of the goods. This generally comprises additional shipping costs, unsuccessful delivery trips and repeat visits, and additional warehouse handling. Consumers may prove that Vallone has suffered no loss or a lower loss.

§ 6 right of Withdrawal

(1) Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

(2) Business customers have no statutory right of withdrawal. This applies in particular to orders and contracts concluded through VALLONE PRO or otherwise in the course of commercial or independent professional activity.

Withdrawal instructions

Right of withdrawal

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods;

in the case of a contract for delivery of goods in several partial shipments or pieces, from the day on which you, or a third party designated by you who is not the carrier, take possession of the last partial shipment or piece;

or, in the case of a contract for regular delivery of goods over a specified period, from the day on which you, or a third party designated by you who is not the carrier, take possession of the first goods.

To exercise your right of withdrawal, you must inform us,

Vallone GmbH
Gelsenkirchener Str. 181
UNESCO-Welterbe Zollverein,
Areal A [Schacht XII], Halle 6 [A2]
D-45309 Essen, Germany

Tel +49.201.857 914 22-0
info@vallone.de

of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Model withdrawal form

To

Vallone GmbH
Gelsenkirchener Str. 181
UNESCO-Welterbe Zollverein,
Areal A [Schacht XII], Halle 6 [A2]
D-45309 Essen, Germany
info@vallone.de

- I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is submitted on paper)
- Date

(*) Delete as appropriate.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs, except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you. In no event will you incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence that you have sent them back, whichever is earlier.

You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods back before the fourteen-day period expires.

You bear the direct cost of returning the goods. Based on the prices of the shipping service provider we use, the costs within Germany are estimated at approximately:

- Fittings/small accessories: €30.00
- Washbasin up to 50 kg: €100.00
- Bathtub up to 200 kg: €150.00
- Bathtub and other products weighing 200 kg or more: generally between €150.00 and €400.00, depending on weight, package dimensions and collection location

in each case plus any ancillary costs such as diesel surcharges, delivery notification fees or other additional charges imposed by the shipping service provider. Returns from abroad may incur higher costs.

You are liable for any diminished value of the goods only if it results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

Under § 312g paragraph 2 number 1 of the German Civil Code (BGB), there is no right of withdrawal for contracts for the supply of goods that are not prefabricated and whose manufacture depends on an individual choice or decision by the consumer, or that are clearly tailored to the consumer’s personal requirements.

End of the withdrawal policy

§ 7 transport Damages

(1) If you are a consumer, we bear the shipping risk regardless of the shipping method we choose, including insured or uninsured shipping or parcel delivery. By choosing insured shipping, we merely protect our own economic risk.

(2) For deliveries to business customers, the risk of accidental loss or accidental deterioration of the goods passes upon handover to the business customer or a person authorised to receive them, or, in the case of a sale involving dispatch, upon handover of the goods to a suitable carrier.

(3) If goods arrive with obvious transport damage, please report the damage to the delivery person immediately and contact us as soon as possible. To avoid problems with the carrier, Vallone asks all customers, where the goods cannot be checked immediately or the goods or outer packaging are obviously damaged, to have this documented at the time of acceptance, to refuse acceptance from the outset or to confirm the goods’ intact condition only subject to reservation.

(4) If you are a consumer, late reporting or failure to report transport damage does not affect your statutory warranty rights. Your prompt notification nevertheless helps us pursue our own claims against the carrier or transport insurer. Please also note that consumer law includes certain time limits for proving and asserting defects.

(5) For business customers, the obligations to inspect and give notice of defects under § 10 of these General Terms and Conditions also apply.

§ 8 Statutory Warranty

(1) Statutory warranty rights apply unless otherwise provided below. The statutory warranty period begins when the goods are delivered and normally lasts two years, although in exceptional cases it may be longer, see § 438 BGB, or shorter as provided in these General Terms and Conditions. For consumers, warranty claims do not become time-barred before four months have elapsed from the date on which a defect first became apparent. If a defect arises, the buyer has the statutory right to supplementary performance during the warranty period, with the choice between remedying the defect and supplying replacement goods, and, where the statutory requirements are met, the statutory rights to a price reduction or withdrawal from the contract, as well as damages.

(2) For consumers, where a material defect becomes apparent more than one year after the transfer of risk, it is no longer presumed in the customer’s favour that the goods were already defective when the risk passed. In these cases, the customer generally bears the burden of proving that the goods were already defective when the risk passed.

(3) Where a quality of the goods that differs from objective requirements is to be agreed with a consumer, this is done only if the consumer has been specifically informed before conclusion of the contract and the deviation has been expressly and separately agreed. General information in these General Terms and Conditions does not serve to restrict consumers’ mandatory statutory warranty rights.

(4) Under the statutory provisions, Vallone bears the expenses necessary for supplementary performance, particularly transport, travel, labour and material costs. If the buyer has installed the defective item in, or attached it to, another item in accordance with its nature and intended use, the seller must, as part of supplementary performance, reimburse the buyer for the necessary costs of removing the defective item and installing or attaching the repaired item or the replacement item free of defects. This does not apply if a defect was already apparent before installation.

(5) Costs arising from claims for rectification, particularly transport, travel, labour and material costs and the costs of necessary removal and installation, are limited under § 439 BGB to the expenses actually required. Recoverable expenses are those that a reasonable, economically minded customer could and had to incur, on the basis of expert advice or assessment, for a defensible and therefore suitable measure with a prospect of successfully remedying the defect. Customers are reminded of their statutory duty to mitigate loss under § 254 BGB.

(6) Apart from the cases covered by § 281 paragraph 2 and § 323 paragraph 2 BGB, no deadline need be set to assert withdrawal from the contract or damages if we refuse both forms of supplementary performance under § 439 paragraph 4 BGB or if the form of supplementary performance to which you are entitled has failed or is unreasonable for you. Rectification is deemed to have failed after the second unsuccessful attempt unless the nature of the item, the defect or other circumstances indicate otherwise. Upon withdrawal from the contract, the buyer must make the goods available for collection by us in packaging suitable for transport. We bear the return transport costs.

(7) If Vallone has provided partial performance, the customer may withdraw from the entire contract only if they have no interest in that partial performance. If Vallone has not performed in accordance with the contract, the customer may not withdraw from the contract if the breach of duty is insignificant.

(8) For business customers, the warranty rights described in paragraph 1 apply subject to claims for material defects becoming time-barred one year after handover or delivery of the purchased goods to the customer, unless mandatory longer statutory limitation periods apply. This limitation does not apply to claims for damages arising from injury to life, body or health and/or claims for damage caused by Vallone’s gross negligence or intent, claims under the German Product Liability Act or statutory recourse claims insofar as these cannot be restricted under mandatory law. The statutory limitation periods apply to those claims. The obligations to inspect and give notice of defects remain unaffected.

(9) When assessing whether a period for rectification is reasonable, particularly where replacement goods are supplied, the delivery time applicable at the time of rectification must be taken into account. This is normally 8 to 10 weeks. It may be extended appropriately if the goods are not in stock at that time, are individually manufactured or rectification depends on a Vallone supplier’s performance and a case under § 5 paragraph 4 applies.

(10) Vallone does not guarantee product characteristics unless the guarantee is expressly given in writing.

(11) Vallone provides no warranty for any damage or defects arising from improper use, operation or storage, negligent or incorrect care or maintenance, excessive use, or improper repair, installation, assembly or modification by the buyer. This does not apply where improper assembly by the buyer is caused by defective instructions supplied by Vallone. The buyer must follow the care, operating and assembly instructions provided by Vallone and treat the products with care and due caution. Wear and tear from normal or intended use after delivery generally does not constitute a material defect. When assessing intended use, the nature and frequency of use by the customer or third parties using the customer’s services must always be taken into account.

(12) Images of products on the internet, in the PRO Portal or in other digital representations may differ slightly from the actual product for various reasons, particularly monitor settings, graphics card quality, lighting conditions or display quality. Irregularities that affect the external appearance of the purchased goods but not their function generally do not constitute defects. These include, for example, minor scratches, barely noticeable dirt, blemishes on the underside of a fitting or slight deviations above or below dimensional tolerances without affecting function. A legitimate interest on the customer’s part generally does not exist where minor blemishes only slightly affect the buyer’s aesthetic perception without objectively impairing the perceived value of the goods. The above does not apply where the goods have characteristics that are not customary for goods of the same type and that the buyer did not have to expect.

(13) Vallone products use a wide range of materials, including marble, minerals, porcelain stoneware, ceramics, stainless steel and wood. Images on the product page or in the PRO Portal show an example of the relevant goods. Because different materials and suppliers are used, and depending on the product or product group, each item may differ slightly from others, particularly in the nature and intensity of colour gradients, marbling and grain. Differences in colour or colour gradients may also result from different lighting conditions. We therefore cannot guarantee that the colours, colour gradients, marbling or grain of two products intended to be combined will match visually. This applies particularly where products made from different materials, such as Velvet Stone, Corian or natural wood, or from different product groups are to be combined. Such natural differences generally do not give rise to warranty rights unless they make the goods unsuitable for normal use or the goods lack the characteristics customary for goods of the same type that the customer can expect.

(14) Different delivery batches from Vallone’s suppliers may differ slightly in colour gradients and colour intensity because of different environmental influences. Such natural differences do not give rise to warranty rights unless they make the goods unsuitable for normal use or the goods lack the characteristics customary for goods of the same type that the customer can expect.

(15) In particular, Velvet Stone and Corian are manufactured in slightly different shades. Velvet Stone is roughly based on “Signal White” (RAL 9003), and Corian on “Pure White” (RAL 9010). This approximate classification of colours does not constitute a guaranteed characteristic.

(16) Note: Withdrawal from the contract is generally not possible where, because of personal taste or because the colour or dimensions do not meet the customer’s expectations, the products cannot be used at the intended location. This generally does not constitute a defect in the goods. Before placing an order, the customer is responsible for studying the stated dimensions and any assembly instructions and assessing whether the products can be used as intended. The seller expressly advises that a specialist sanitary installation company should be engaged to install the products.

(17) Vallone provides various samples for some products, distinguishing between material samples, surface samples and colour samples. Material samples provide information about material properties, feel and appearance. Surface samples provide information about the feel and colour of the surface. Colour samples are generally cardboard colour cards intended to give the customer an impression of the colour used. If a sample was provided before the order was placed, the characteristics indicated by the sample are deemed to have been agreed. This does not apply insofar as the item subsequently delivered differs substantially from the sample. Viewing a mock-up room at Vallone’s business premises is equivalent to viewing a sample of an individual item.

(18) Vallone is not liable for improper use. Please note that some of our products have no overflow. Water may spill over the upper edge of the basin or container even where an overflow is provided, but particular care must be taken with products without an overflow. The absence of an overflow does not itself constitute a defect; it corresponds to the agreed characteristics of the product as described in the product description.

(19) Neither party is responsible for damage, additional expenses or delays caused by force majeure.

(20) Deviations in product dimensions of up to 15 mm from the data sheets generally do not constitute a defect unless the deviation makes the goods unsuitable for normal use, the goods lack the characteristics customary for goods of the same type that the customer can expect, or the deviation prevents proper installation.

(21) Because some products are finished by hand, very small surface irregularities may occur. If they are no longer visible to the naked eye under normal viewing conditions from a distance of 70–100 cm, they generally do not constitute a defect in the legal sense unless the deviation makes the goods unsuitable for normal use, the goods lack the characteristics customary for goods of the same type that the customer can expect, or the deviation prevents proper installation.

(22) Surfaces not visible in daily use, such as the undersides, backs and interiors of cabinets, washbasins, washstands and other Vallone products, may contain individual weld seams, adhesive residues or similar production residues because they are finished by hand. Very minor surface imperfections, such as scratches or dents, cannot always be avoided in these areas. Such imperfections on surfaces not visible in daily use generally do not give rise to warranty claims unless they make the product unsuitable for normal use or the product lacks the characteristics customary for goods of the same type that the customer can expect.

(23) Where Vallone provides technical drawings, planning data, configurations, visualisations, data sheets, product resources or other aids on vallone.de, in the PRO Portal or outside the PRO Portal, they are, unless expressly agreed otherwise, aids for planning and checks carried out on the customer’s own responsibility. Vallone does not warrant that a configuration created or loaded by the customer is suitable for the specific installation location, structural conditions, third-party products, connections or intended use unless Vallone has expressly confirmed that specific suitability in text form.

§ 9 Liability

(1) We exclude liability for breaches of duty caused by ordinary negligence unless they concern essential contractual obligations, injury to life, body or health, guarantees or claims under the German Product Liability Act. The same applies to breaches of duty by our vicarious agents. For damage caused in other ways, Vallone is liable under the statutory provisions for intent and gross negligence, including that of its vicarious agents. The same applies to negligently caused injury to life, body or health. For negligently caused property damage and financial loss, Vallone and its vicarious agents are liable only for breach of an essential contractual obligation, with liability limited to loss foreseeable at the time of conclusion of the contract and typical of the contract. Essential contractual obligations are those whose fulfilment defines the contract and on which the buyer may rely.

(2) Liability for consequential loss caused by defects is limited to foreseeable loss typical of the contract unless liability is mandatory under paragraph 1. For this purpose, Vallone maintains product liability insurance with cover of up to €5,000,000 per insured event.

(3) Vallone’s liability for use of VALLONE PRO is governed by the preceding paragraphs. Where functions, information, configurations, planning data, product resources or downloads are provided free of charge, Vallone is liable only for intent and gross negligence unless liability is mandatory under paragraph 1. Vallone is not liable for damage based on incorrect, incomplete or outdated entries, project information, dimensions, plans, customer data or other information supplied by the customer.

(4) Vallone is not liable for professional planning, assembly, installation or commissioning of the products unless these services expressly form part of a separate agreement with Vallone. The customer is responsible for engaging suitable specialist companies and checking the specific installation conditions.

§ 10 Inspection and notification obligations

(1) If the buyer is a business customer, they must inspect the goods without delay upon receipt for obvious defects readily noticeable to an average customer. Obvious defects also include missing manuals and significant, easily visible damage to the goods, as well as delivery of a different item or an insufficient quantity. Such obvious defects must be reported without delay after delivery in writing or in text form.

(2) Defects that become apparent only later must be reported by the buyer without delay after discovery.

(3) If the obligations to inspect and give notice of defects are breached, the goods are deemed accepted in respect of the relevant defect.

(4) Paragraphs 1–3 do not apply to consumers. Nevertheless, consumers are asked, in accordance with the preceding paragraphs, to report obvious and hidden defects under paragraph 2 promptly after delivery or discovery.

(5) Buyers, whether business customers or consumers, may use Vallone’s damage report form to report defects, but this is not mandatory. Using the form is generally in the buyer’s interest because the case can normally be processed more quickly. The form is available at https://www.vallone.de/support/reklamation.php. Not using the form does not affect any warranty claims that may exist.

§ 11 Reservation of title

(1) We retain ownership of each item until the item or order has been paid for in full.

(2) For consumers, retention of title applies only until the relevant goods have been paid for in full.

(3) For business customers, we retain ownership of the goods delivered until all claims arising from the ongoing business relationship have been settled in full. In the case of a current account, retained ownership serves as security for our claim to the account balance.

(4) The business customer may resell or install goods subject to retention of title in the ordinary course of business as long as they are not in default of payment. Pledging, transfer by way of security or other disposals outside the ordinary course of business are prohibited. The business customer hereby assigns to Vallone their claims arising from resale or any other legal basis relating to the goods subject to retention of title, particularly installation, processing or combination, up to the final invoice amount including VAT. Vallone accepts this assignment.

(5) The business customer remains entitled to collect the assigned claims. Vallone may revoke this authority if the business customer fails to meet their payment obligations properly, defaults on payment, an application to open insolvency proceedings is filed or other reasonable doubts arise about their solvency. In that case, the business customer must disclose the assigned claims and their debtors to Vallone, provide all information necessary for collection, hand over the relevant documents and notify the debtors of the assignment.

(6) Any processing, transformation, combination or mixing of goods subject to retention of title is always carried out for Vallone as manufacturer, without creating any obligation for Vallone. If Vallone’s ownership is extinguished by processing, combination or mixing, it is hereby agreed that the business customer’s ownership or co-ownership of the new item passes to Vallone in the ratio of the invoice value of the goods subject to retention of title to the value of the new item. The business customer holds the property or co-owned property for Vallone free of charge.

(7) If the realisable value of the security exceeds Vallone’s secured claims by more than 10%, Vallone will release security of its choice at the business customer’s request.

(8) The business customer must inform Vallone without delay in text form if third parties seek access to goods subject to retention of title or to claims assigned to Vallone, particularly in the event of attachment or other enforcement measures.

§ 13 Final provisions

(1) The remainder of the contract remains binding even if individual terms are invalid. If a provision is wholly or partly invalid, the statutory provisions apply in its place. Where the contract is not with a consumer, the contracting parties will endeavour without delay to achieve the economic purpose of the invalid provision by other legally permissible means.

(2) The place of jurisdiction is Vallone’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. Vallone remains entitled to bring proceedings against the customer at the customer’s general place of jurisdiction.

(3) This contract and its interpretation are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the national law applicable to a consumer in the individual case, particularly the law of the state of their habitual residence, remain unaffected.