Terms and conditions

About this translation

This is a courtesy translation. In case of any discrepancy, the German version of these terms is the legally binding one. German law applies to the contract.

§ 1 Scope and contracting parties

(1) These terms and conditions apply to all contracts for assembly and installation services between wirdgemacht-franken, Züricher Straße 5, 90491 Nürnberg (“we”) and the client (“customer”).

(2) A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is anyone acting in the exercise of their trade, business or profession (§ 14 BGB).

(3) Deviating or supplementary terms of the customer do not become part of the contract unless we expressly agree to their application in writing.

§ 2 Quotation and conclusion of contract

(1) The prices shown on our website are non-binding starting prices for standard cases and do not constitute a binding offer.

(2) The customer sends us their request via the contact form, by email, by phone or through the online booking calendar. This request is an invitation for us to submit a quotation.

(3) We then send the customer a quotation in writing describing the service, the fixed price and the planned time frame. The contract is concluded when the customer accepts that quotation — expressly in writing or by making a binding appointment booking.

(4) For bookings made via the online calendar, the contract is concluded with our confirmation email. An automated acknowledgement of receipt from the calendar system alone does not constitute acceptance.

(5) Unless stated otherwise, quotations are valid for 14 days from receipt.

§ 3 Scope of services

(1) The scope of our service is defined exclusively by the confirmed quotation. The service descriptions on the website serve as orientation.

(2) Unless agreed otherwise, the fixed price includes: travel to the agreed extent, use of the necessary tools, standard commercial fixing material for common wall structures, checking drilling positions for concealed lines, cleaning of the work area and removal of transport packaging in usual quantities.

(3) Not included are, in particular: procurement and delivery of the items to be installed, special fixings for unusual substrates, interventions in the fixed electrical installation, painting and plastering work, and disposal of old appliances.

(4) If it turns out on site that the service can only be provided with considerable additional effort or by a different method, we inform the customer immediately and continue only after their approval of the adjusted price. No additional costs arise without approval.

(5) We are entitled to have partial services performed by qualified subcontractors. This does not affect our responsibility towards the customer.

§ 4 Customer's duties to cooperate

(1) The customer ensures that

• the installation location is accessible and adequately lit at the agreed time,
• the items to be installed are on site, complete and undamaged,
• the assembly instructions and, where necessary, the appliance data sheet are available,
• a functioning 230 V power supply is available,
• sufficient free working space is available and fragile items have been removed,
• for electrical work, the fuse box is accessible.

(2) On conclusion of the contract, the customer informs us of any known particularities — in particular the wall structure, known cable routes, underfloor heating, heritage-protection requirements and any third-party approvals required (for example from the landlord or the owners' association).

(3) The customer is responsible for being entitled to commission the work. They obtain any necessary permissions themselves. We may refuse to carry out the work if there is well-founded doubt about this.

(4) If the customer fails to meet these duties and the service therefore cannot be performed, or only with additional effort, we may charge for the additional effort incurred. For a completely unsuccessful visit we charge a flat fee of €45 including tax; the customer remains free to prove that our costs were lower.

§ 5 Appointments, rescheduling and cancellation

(1) Appointments are agreed as time windows. We endeavour to announce our arrival by phone.

(2) The customer may reschedule or cancel an appointment free of charge up to 24 hours before the agreed start — via the link in the confirmation, by phone or in writing.

(3) For cancellations within 24 hours of the appointment, or if the customer is not present, we charge a flat cancellation fee of €25 including tax for the reserved time. The customer remains free to prove that no loss, or a lower loss, was incurred.

(4) If we are unable to keep an appointment for reasons beyond our control — such as traffic disruption, illness or severe weather — we inform the customer immediately and offer at least two alternative dates. No claim for damages arises in this case.

§ 6 Prices and payment

(1) All prices are final prices in euros. As a small business within the meaning of § 19 (1) UStG we do not charge VAT and therefore do not show it.

(2) The claim for payment arises upon acceptance of the work (§ 641 BGB). Payment is due immediately after acceptance.

(3) Payment is possible in cash, by Girocard, Apple Pay, Google Pay or bank transfer. Entrepreneurs and property managers receive, on request, an invoice with a payment term of 14 days from the invoice date.

(4) The customer always receives an invoice in writing showing labour and material components separately, so that the tax reduction under § 35a EStG can be claimed. This requires cashless payment.

(5) For larger orders with a value from €800 we may request a down payment of up to 30 %.

(6) In the event of late payment, the statutory provisions apply. Consumers owe default interest of 5 percentage points, entrepreneurs 9 percentage points above the base rate.

§ 7 Acceptance of the work

(1) After completion we inspect the work together with the customer. The customer is obliged to accept work performed in accordance with the contract; insignificant defects do not justify refusing acceptance (§ 640 (1) BGB).

(2) Apparent defects must be raised at acceptance. As a rule we remedy them immediately on site.

(3) If the customer does not accept the work within a reasonable period set by us although obliged to do so, the work is deemed accepted (§ 640 (2) BGB). Consumers are informed of this in writing together with the deadline.

§ 8 Defect claims

(1) Statutory defect rights apply. The limitation period for defects in our installation work is two years from acceptance for consumers and one year for entrepreneurs.

(2) In the event of a defect in our work, we first have the right to remedy it. If a fixing we installed comes loose or something was not aligned properly, we correct it free of charge.

(3) Material, design or manufacturing defects in items procured by the customer are not defects in our work, nor is damage caused by improper use, loading beyond the stated capacity, or subsequent modification by third parties. On request we support the customer in assessing the matter with the manufacturer.

(4) If the customer does not inform us of an unsuitable substrate before installation, or expressly requests an execution that differs from our recommendation, we are not liable for the resulting consequences, provided we pointed out the risk in writing.

§ 9 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have given.

(2) In cases of ordinary negligence we are liable only for breach of a material contractual obligation whose fulfilment is essential to achieving the purpose of the contract, and only up to the foreseeable loss typical for this type of contract.

(3) We hold business liability insurance with a sum insured of 5.000.000 € covering property damage and personal injury during installation. Damage must be reported to us in writing without delay, and at the latest within seven days of discovery, so that a claim remains possible.

(4) We are not liable for damage to concealed lines where we checked the drilling position with a suitable line detector, the routing did not comply with the applicable installation standard, and the customer did not inform us of it.

(5) Any further liability is excluded. The above limitations also apply to our agents and legal representatives.

§ 10 Special provisions for electrical work

(1) We connect luminaires, electric cookers, ovens and hobs to existing, properly protected connection points in accordance with recognised technical standards and the applicable VDE standards.

(2) Work that constitutes an intervention in the fixed electrical installation — such as laying new cables, installing sockets, or changes to the meter cabinet or circuit protection — is reserved to an electrical contractor registered with a grid operator. We do not carry out such work and point this out before the contract is concluded.

(3) If it turns out on site that the existing installation does not meet requirements — for example a missing protective earth, unsuitable circuit protection or a damaged supply cable — we are entitled and obliged to stop work for safety reasons. In that case we charge only the travel fee.

(4) The customer receives written confirmation of the protective-earth and function test carried out.

§ 11 Right of withdrawal

(1) Consumers have a statutory right of withdrawal for contracts concluded at a distance or off business premises. Full information including the model withdrawal form is available in our withdrawal policy.

(2) If installation is to begin before the withdrawal period expires, we require the customer's express request in writing. We provide the notice required by § 357 (8) BGB at that point.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies. For consumers, mandatory consumer protection provisions of the state of their habitual residence remain unaffected.

(2) If the customer is an entrepreneur, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Nürnberg.

(3) Amendments and additions to this contract must be made in writing. This also applies to the cancellation of this formal requirement.

(4) Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The statutory provision takes the place of the invalid one.