1. Scope
These General Terms and Conditions (hereinafter „GTC“) apply to all contracts, deliveries and services between Designer Spanndecken, owner Vladislav Gherlac, Baarstraße 23, 58636 Iserlohn (hereinafter „Provider“), and the Customer that come about via the website www.designer-spanndecken.de or by direct order.
These GTC apply to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB). Differing, conflicting or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly consents to their validity in writing. This applies even if the Provider performs the service without reservation while being aware of differing terms.
2. Conclusion of contract
The presentation of services and prices on the website does not constitute a legally binding offer within the meaning of § 145 BGB; it is an invitatio ad offerendum (invitation to submit an offer). The price calculator embedded in the website provides a non-binding estimate — binding prices result only from the individual quote after on-site measurement.
A contract is concluded once the Customer, after receiving the individual quote, places a written or electronic order and the Provider confirms it by written or email order confirmation. Before conclusion of the contract, the Customer receives all legally required information as well as the cancellation policy (see § 9) in text form. Verbal side-agreements require written form.
3. Services & offer
- The Provider performs planning, supply and installation of stretch ceilings and associated lighting systems (including LED spotlights, light lines and magnetic-track systems).
- Product and service descriptions on the website are for general information and are non-binding. The scope of services becomes binding only through the individual quote.
- The Provider is entitled to refuse orders without giving reasons, in particular in the event of technically infeasible requirements or capacity constraints.
- Minor technical, design-related or product-related deviations (e.g. colour nuances of the membrane) are reserved and do not constitute a defect, provided they are reasonable for the Customer.
4. Prices & payment
- All prices charged to consumers include statutory value-added tax (currently 19 %). For entrepreneurs, prices are stated exclusive of VAT.
- Travel costs are itemised transparently in the individual quote and charged separately unless agreed otherwise. The amount of travel costs depends on distance and effort.
- Payment terms, advance payments and final payment are governed by the individual works contract or order confirmation.
- In case of payment default, the Provider is entitled to claim default interest at the statutory rate (§ 288 BGB). Assertion of further damages remains reserved.
5. Delivery & installation
- Delivery and installation dates are individually agreed and binding only when expressly confirmed in writing.
- Delays due to force majeure, strikes, official orders, supply shortages of upstream suppliers or other events not attributable to the Provider entitle the Provider to postpone delivery for the duration of the impediment.
- The Customer is obliged to keep the installation area clear and accessible in good time before work starts. This includes in particular: unobstructed access to the rooms, a cleared installation area, provision of electricity (230 V) and adequate lighting, and an indoor temperature of at least 5 °C during installation.
- If these obligations to cooperate are not fulfilled or not fulfilled in time, the Provider may charge resulting additional costs (e.g. waiting times, repeat travel) separately.
- Acceptance of the work takes place upon completion in accordance with § 640 BGB. Risk passes to the Customer upon acceptance. Express acceptance may be replaced by conclusive conduct, in particular by putting the ceiling into use.
6. Retention of title
- The materials and components delivered remain the property of the Provider until full payment of all claims arising from the contractual relationship (§ 449 BGB).
- In the event of conduct by the Customer in breach of contract, in particular default of payment, the Provider is entitled to withdraw from the contract and to take back any reserved goods not yet permanently installed.
- In the event of attachment or other interventions by third parties, the Customer must inform the Provider in writing without undue delay and notify the third parties of the retention of title.
7. Warranty & guarantees
- The respective manufacturer typically grants a 15-year guarantee on the supplied membrane material. The exact warranty conditions follow from the manufacturer's warranty terms, which are made available to the Customer upon request. The manufacturer's guarantee exists in addition to the statutory warranty rights.
- For the Provider's installation work, the statutory warranty under §§ 634a, 438 BGB applies: two years for consumers, one year for entrepreneurs from acceptance.
- For LED components and electrical parts, the respective manufacturer typically grants a guarantee of two years from acceptance.
- Obvious defects must be reported in writing without undue delay, at the latest within seven days after acceptance. Hidden defects must be reported in writing without undue delay after their discovery.
- Vis-à-vis entrepreneurs, §§ 377, 381 HGB (duty to examine and give notice of defects) apply.
- The following are not defects: design-related deviations that still correspond to the agreed properties; damage caused by improper use, cleaning with aggressive agents, third-party intervention or self-installation; natural wear and tear.
8. Liability
- The Provider is liable without limitation for intent and gross negligence and for damages arising from injury to life, body or health for which the Provider is responsible.
- In the event of slight negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal duties — those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely). In such case, liability is limited in amount to the foreseeable damage typical for this type of contract.
- Any further liability of the Provider is excluded, save where mandatory statutory provisions (in particular the German Product Liability Act) apply.
- Where the liability of the Provider is excluded or limited, this also applies to the personal liability of vicarious agents and employees.
9. Right of withdrawal for consumers
Consumers (§ 13 BGB) have a statutory right of withdrawal of 14 days for contracts concluded outside business premises (§ 312b BGB) and for distance contracts (§ 312c BGB). The cancellation policy (Widerrufsbelehrung) and the model withdrawal form are provided to the Customer in text form before conclusion of the contract and are also available on the website under „Widerrufsbelehrung“.
If the consumer expressly requests that the work begins before expiry of the withdrawal period, in the event of effective withdrawal the consumer owes the Provider compensation for the services rendered up to the withdrawal in accordance with § 357a BGB. The compensation is calculated proportionally on the basis of the total price agreed in the contract.
10. Privacy
Personal data is processed exclusively for the performance of the contractual relationship and to handle inquiries. Disclosure to third parties takes place only insofar as necessary for the performance of the contract or required by law.
Details on data processing, retention periods and the Customer's rights follow from the separate Privacy Policy.
11. Consumer dispute resolution (§ 36 VSBG)
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board pursuant to the German Consumer Dispute Resolution Act (VSBG).
12. Final provisions
- The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the Provider's registered office in Iserlohn. Vis-à-vis consumers, the statutory provisions apply.
- Should individual provisions of these GTC be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory rule.
As of: May 2026


