1. Scope of Application

The following General Terms and Conditions of Sale, Delivery, and Repair (hereinafter referred to as “GTC”) apply to contracts between:

Wall Rapture Germany GmbH
Hoyerswerdaer Straße 42
02625 Bautzen

Phone: 03591 593 550
Email: info@wall-rapture.de

(hereinafter referred to as “Wall Rapture GmbH”) and its customers (consumers and entrepreneurs).

Conflicting, deviating, or supplementary terms and conditions of the customer will not be recognized.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (§ 13 BGB).

An entrepreneur is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of their trade, business, or profession (§ 14 BGB).

2. General Terms and Conditions of Sale and Delivery

1. Conclusion of Contract

1.1 Orders placed by the customer with Wall Rapture GmbH are merely offers to conclude a contract. The order confirmation does not constitute acceptance of the contract by Wall Rapture GmbH.

1.2 Offers made to entrepreneurs are non-binding in principle.

1.3 Acceptance is made either through separate order confirmation or upon delivery of goods.

2. Delivery

2.1 Wall Rapture GmbH delivers from stock to the address specified by the customer worldwide. If the customer is an entrepreneur, the risk passes to the customer upon handover to the carrier or, in the case of pickup, when the goods are ready for shipment.

3. Prices, Payment Terms, and Retention of Title

3.1 All prices are net in euros, plus applicable VAT and packaging/shipping costs. Any differing prices will be indicated separately.

3.2 Payments are due immediately upon receipt of the invoice without deduction, unless otherwise agreed or stated in the invoice.

3.3 The delivered goods remain the property of Wall Rapture GmbH until full payment is received (hereinafter: reserved goods).

3.4 All payments must be made exclusively by transfer to the following bank account:

Wall Rapture Germany GmbH
Kreissparkasse Bautzen
IBAN: DE51 8555 0000 1002 0302 57
BIC: SOLA DES1 BAT

3.5 We reserve the right to demand advance or immediate payment in special cases, even if other payment terms were previously agreed. In case of overdue payment, default interest will be charged per §§ 286 BGB, without waiving the assertion of further rights. Only authorized representatives may collect payments.

For entrepreneurs, the following also applies:

Goods remain the property of Wall Rapture GmbH until all claims have been fulfilled, even if individual items have been paid for.

Entrepreneurial customers may resell the reserved goods in the ordinary course of business, provided payment to Wall Rapture GmbH is ensured and ownership transfers to the third party only after they fulfill their payment obligations.

They may pass on the goods under retention of title, without transferring title.

The reserved goods may not be pledged or assigned as security without Wall Rapture GmbH’s consent. Processing or transformation of goods occurs in the name and interest of Wall Rapture GmbH.

In case of third-party interventions (e.g. seizure), the customer must notify Wall Rapture GmbH immediately.

The customer assigns all claims arising from the resale of the reserved goods to Wall Rapture GmbH in advance.

As long as the customer is not in default, they may collect these claims themselves. They may not assign or otherwise dispose of them.

Upon request, the customer must inform their buyer of the assignment and provide Wall Rapture GmbH with necessary documentation and information.

Wall Rapture GmbH will release securities upon request if their value exceeds the secured claims by more than 20%.

4. Warranty and Notification of Defects

4.1 Statutory warranty provisions apply.

4.2 For entrepreneurs, warranty claims require proper inspection and notification of defects under § 377 HGB. Visible defects must be reported to the carrier; documentation must be arranged. Complaints must include a detailed description of the defect.

4.3 Warranty claims by entrepreneurs expire one year from delivery.

5. Liability

Claims for damages are excluded unless required by law (e.g. Product Liability Act), or in cases of intent, gross negligence, injury to life, body, or health, or breach of essential contractual obligations. In case of slight negligence of essential obligations, liability is limited to the typical, foreseeable damage.

3. General Terms and Conditions for Repair and Installation

Unless otherwise stated, the provisions of section III apply. These terms do not apply to repairs carried out under warranty claims.

1. Costs

1.1 If the estimated cost is not specified at contract conclusion, the customer may set a cost limit.

1.2 Binding cost estimates are only provided upon express request.

1.3 A cost estimate is only binding if submitted in writing and marked as such. The cost of preparing the estimate may be charged if the repair is not performed or not usable.

1.4 If during repair it becomes clear that costs will significantly exceed the estimate and are not economically viable, the customer will be informed immediately. The same applies to defects discovered during repair that were not originally included.

1.5 If a repair is aborted for reasons not attributable to us, the item will only be restored to its original condition upon express request and reimbursement of incurred costs.

1.6 Invoices must separately list prices for parts, materials, labor, travel, and transport. For binding estimates, reference to the estimate suffices, with deviations listed separately.

2. Termination

If the customer terminates the contract, they must pay for all work and costs incurred up to that point, including parts already ordered or procured.

3. Payments

Payments are due immediately upon acceptance without deductions. Wall Rapture GmbH may request a reasonable advance upon order.

4. Customer Obligations

4.1 The customer must ensure safe and adequate working conditions at the repair/installation site.

4.2 The customer must supply energy and connections, materials, and everything necessary for testing at their own expense.

4.3 If the customer fails to meet their obligations, Wall Rapture GmbH may perform them at the customer’s expense.

4.4 Statutory rights remain unaffected.

5. Repair/Installation Deadlines

5.1 Time estimates are non-binding.

5.2 In case of unforeseen events (e.g., strikes, part shortages, supplier delays), even binding deadlines may be extended.

6. Acceptance by the Customer

6.1 The customer must accept the work as soon as completion is indicated. Minor defects do not justify refusal.

6.2 If the customer delays acceptance, it is deemed accepted after 12 working days from notification. If the system is used without formal acceptance, it is deemed accepted after 6 working days. Complaints about visible defects must be made by then.

7. Extended Right of Lien

Wall Rapture GmbH has a lien on repair/install items in its possession due to the contract. This extends to previous repairs, part deliveries, and services if related to the item. For other claims, the lien applies only if undisputed or legally established.

8. Warranty

The customer must immediately notify Wall Rapture GmbH of any repair/installation defects. If the customer performs or commissions improper repairs without our consent, Wall Rapture GmbH bears no liability. The same applies if requested replacements are not made.

9. Place of Performance and Jurisdiction

The company’s registered office is the place of performance and jurisdiction. For foreign customers, the exclusive application of German law is agreed.

Alternative Dispute Resolution (per Art. 14(1) ODR-VO and § 36 VSBG):

The European Commission provides a platform for online dispute resolution (OS):

https://ec.europa.eu/consumers/odr

We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.