General Terms and Conditions
This translation is provided for convenience. Only the German version is legally binding.
SCHATZL Fine Furniture, owner Markus Schatzl, Grafinger Str. 50a, 81671 Munich, Germany ("we")
1. Scope
1.1 These terms apply to contracts for the design, making, delivery and installation of furniture and built-in furniture and for restorations. Workshops are governed by the Terms of Participation for Workshops below.
1.2 Agreements made in individual cases take precedence over these terms.
1.3 General terms and conditions of customers who are businesses apply only if we expressly agree to them.
2. Offer and conclusion of contract
2.1 We are bound by our written offers for four weeks from the date of the offer.
2.2 The contract is concluded when the customer accepts our offer within this period or when we confirm an order from the customer in writing.
2.3 Cost estimates are non-binding unless agreed otherwise. If a significant overrun becomes apparent, we will inform the customer without delay.
3. Prices and payment
3.1 For consumers, all prices include statutory VAT; for businesses, VAT is added.
3.2 We may request payments on account corresponding to the value of the work performed. This includes components and materials made or procured specifically for the order, provided that, at the customer's choice, ownership of them is transferred to the customer or security is provided.
3.3 The final invoice is due upon acceptance or handover and is payable without deduction within 14 days of receipt.
4. Delivery and completion
4.1 Dates for delivery and completion are binding only if expressly agreed as binding.
4.2 Delays caused by force majeure, strikes or non-culpable supply failures of our suppliers extend the deadlines by the duration of the obstruction. We will inform the customer without delay. If the obstruction lasts unreasonably long, either party may withdraw from the contract.
5. Customer's cooperation
5.1 For delivery and installation, the customer ensures free access to the place of installation and the agreed conditions, such as finished walls and floors or connections.
5.2 If the customer provides dimensions or plans, we base our work on them. We will point out obvious inconsistencies.
5.3 Additional work caused by the customer not providing the required cooperation is charged according to time and material.
6. Retention of title
Delivered furniture remains our property until paid in full.
7. Wood as a natural material
Wood is a grown material. Differences in colour, grain and structure compared with samples and images, as well as changes in colour caused by light, are among its properties. They are not a defect as long as they remain within what is typical of the material.
8. Warranty
8.1 The statutory provisions apply.
8.2 If the customer is a business, claims for defects in the delivery of movable goods become time-barred one year after delivery. This does not apply to claims for damages under clause 9.
8.3 We hand over care instructions with the furniture. We are not liable for damage demonstrably caused by not following these instructions.
9. Liability
9.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
9.2 In the case of slight negligence, we are liable only for the breach of essential contractual obligations. Essential obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited to the typical, foreseeable damage.
10. Design and copyright
10.1 The design of the furniture we make is our design. This also applies if the customer contributes wishes, descriptions, sketches or examples: these serve us as specifications for our design and do not give the customer any rights to the design.
10.2 If the customer provides a fully worked-out working drawing, we make the piece to the customer's design. If we make changes to it that alter the external appearance of the piece, the changed design is our design.
10.3 Designs, drawings and models we create for the customer remain our intellectual property unless the customer expressly acquires the rights of use to them. Without our consent, they may not be passed on to third parties or used for manufacture by third parties.
11. Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final provisions
12.1 The law of the Federal Republic of Germany applies.
12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Munich.
Terms of Participation for Workshops
The personal designations used below refer equally to persons of all genders. For better readability, gender-specific language and double designations have been omitted.
1. Conclusion of Contract for Workshops
By registering for a workshop, a legally binding contract is established.
By booking, the registrant declares their binding intention to participate in the booked seminar. The contract is concluded when the registrant personally or via email declares the booking to the organizer, and the organizer confirms the registration for the respective workshop.
The organizer will immediately confirm receipt of the booking by email. The contract for participation in a workshop is only concluded upon the organizer sending a separate email confirming registration for the selected workshop.
The organizer is entitled to accept the registrant's offer within two working days of receipt. Upon confirmation of registration, the registrant will receive a detailed invoice for the workshop fees.
If a seminar is already fully booked at the time of registration, the organizer will inform the customer immediately. The contract text will be stored by the provider and sent to the customer, along with the legally incorporated general terms and conditions, by email after the contract is concluded.
2. Workshop Fees and Due Dates
The registrant will receive the invoice and registration confirmation at the email address provided to the organizer. The workshop fee is due no later than 28 days before the start of the workshop.
For short-term workshop registrations (less than 14 days before the workshop starts), the workshop fee is due immediately, at the latest by the first day of the workshop. If the booked workshop includes individual provision of materials, the associated costs are due separately at least 14 days before the event begins.
3. Change of Participant
Transfer to another person is not possible.
4. Cancellation by the Participant
Participants generally do not have a right of withdrawal when booking workshops. If the participant is unable to attend a booked workshop, they may cancel in writing via email. The following fees apply for cancellations:
- Cancellations up to four weeks before the workshop date are free of charge.
- Cancellations up to two weeks before the workshop date: 50% of the workshop fee.
- Cancellations less than two weeks before the workshop date, non-attendance, or early termination of the workshop: full workshop fee.
Any materials already prepared by agreement must be paid for in full, regardless of the cancellation date.
Inability to work, illness, train cancellations, technical problems, connection issues, or lack of technical prerequisites fall within the participant’s risk and do not release them from the obligation to pay.
5. Workshop Changes and Cancellations by the Organizer
If the organizer cancels a workshop for important reasons (e.g., due to organizational issues, insufficient number of participants, instructor absence/illness, force majeure), the workshop fee already paid will be fully refunded, or an alternative date will be offered if available.
If the scheduled instructor changes, the organizer will provide a qualified substitute instructor. The organizer is only liable for damages or reimbursement of futile expenses incurred by the participant due to workshop cancellation within the scope of the following limitation of liability.
6. Limitation of Liability
The organizer is not liable for minor negligence in the breach of non-essential contractual obligations. This also applies to minor negligence on the part of the organizer's legal representatives or vicarious agents.
However, the organizer is liable for the violation of essential contractual rights of the customer. Essential contractual rights are those that the contract is intended to grant to the participant according to the contract's purpose and content. The organizer is also liable for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible and on which the participant may rely.
The above limitations of liability do not affect the participant's claims under warranties and/or product liability. Furthermore, the limitations do not apply in cases of fraud, breach of essential contractual obligations, or damages attributable to the organizer concerning bodily harm, health issues, or loss of life of the participant.
The organizer selects qualified instructors for its workshops. The workshop content and materials are created and reviewed with the utmost care. Nevertheless, no guarantee can be given for the accuracy, completeness, quality, or timeliness of the information provided.
Additionally, the organizer assumes no liability for achieving the learning objectives sought by the workshop participant.
7. Intellectual Property
7.1 If the participant brings their own template for a piece of furniture, the participant checks whether it infringes copyrights or other property rights of third parties. The participant is liable for infringements caused by templates they bring and for their consequences. If a third-party right is proven and the right holder's consent is not provided, the piece cannot be made in the workshop. If this only becomes apparent after the preparation of materials has begun or during the workshop, there is no entitlement to a refund of costs or fees.
7.2 Designs, drawings and making instructions that SCHATZL plans, contributes, creates or provides in the course of a workshop or in its run-up – according to the course programme or as agreed with the participant – are the intellectual property of SCHATZL or of third parties represented by SCHATZL.
7.3 The participant may keep and copy the materials for their own private use. The piece of furniture made in the workshop belongs to the participant and may be used by them. The participant may make individual further pieces to these designs themselves and for their own private use. Having further pieces made by third parties, and showing or teaching others how to make them, for example in courses or instructions, requires the consent of SCHATZL unless the participant has acquired the design. The materials and their content may not be made available to third parties, whether by passing them on or by publishing them, regardless of form or medium. This also applies to descriptions, drawings, photographs and videos that reproduce the content of the materials.
7.4 Commercial use is excluded.
8. Data Protection
Participant data will not be shared with third parties.
9. Final Provisions
The participant’s place of residence is the place of jurisdiction. In dealings with businesses or legal entities under public law, the place of jurisdiction, where permissible, is Munich. German law applies.
If any provision of these legal terms and conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. In the event of invalidity, the contracting parties are obliged to find a provision that comes as close as possible to the economic intent of the invalid provision.