General Terms and Conditions for International Sales

§ 1 Company

The company Marmor Kruck is a private company located in Germany, 68642 Buerstadt, Hollaenderstr. 2. The fully responsible owner and managing director is Dr. Werner Kruck.

§ 2 Conclusion of contract and withdrawal

The mosaic pictures shown on our website do not represent ready-for-sale goods. A legally binding sale offer only takes effect when it has been provided in writing, individually and item-based, by the seller.
Should it become impossible to carry out an order, due to the death of a manufacturing artist or due to other circumstances beyond the seller’s control, the seller has the right of withdrawal. Any payments that have already been made will be returned completely and immediately. In principle, there is no entitlement to damages from the seller.
Until the date of delivery, which has been established in writing, the buyer is bound to the buying commitment. If the delivery is delayed by more than three weeks, the buyer may withdraw from the purchase. Any payments that have already been made will be returned completely and immediately.

§ 3 Colour deviations

All mosaic images displayed or distributed by the company Marmor Kruck are, unless expressly stated otherwise, sample images from the manufacturers. All concrete motifs that have been produced individually by hand can deviate from the sample images in their colour and application, within the context of the artistic design. In particular, it is not possible to guarantee an exact colour match between the photograph and the material that has actually been used.

§ 4 Return or non-acceptance

With all standard motifs in the standard sizes, the customer has a right of return of 30 days after receipt. The customer must bear any costs for returning the goods. The right of return expires when the mosaic has been installed and thus altered in its characteristics and unsellable. The customer must make sure to decide before installation, whether or not he intends to return the goods.
It is possible, at all times and free of charge, to cancel an order before delivery, as long as this concerns catalogue goods in standard sizes. An order s considered cancelled when the seller confirms the receipt of the cancellation.
If the customer cancels standard motifs that have been produced specifically for him in special sizes, the seller is entitled to compensation for loss of earnings of 10% of the purchase price..

§ 5 Return or non-acceptance of special designs

For all special designs and goods that are not kept in stock, a deposit must be paid when the order is made. The order is considered to have been made when the producer has confirmed the feasibility of the order and the buyer has agreed to the named delivery date. The order is not valid without a deposit. Any payments that have already been made will be returned, should an order not be able to be carried out.

§ 6 Return or non-acceptance of special designs after completion

Following completion of a special design, the customer receives an electronic photograph. If the execution of the order is refused, minor improvements can be demanded up to 3 times. If the desired improvement is not possible, from a technically objective point of view, the producer can refuse to carry out the improvement. Particularly impossible are colour requests that do not comply with the material used, i.e. marble. In the case of non-agreement and non-acceptance, the customer will receive half of his deposit back. The producer has the right to use the mosaic created as he wishes. If the customer requires the mosaic to be destroyed, the deposit received will be kept completely. The customer will receive photographic evidence of the destroyed item. With the completed destruction and the retained deposit, all further claims on the part of the company Marmor Kruck towards the customer, and on the part of the customer towards the company Marmor Kruck expire.

§ 7 Return or non-acceptance of special designs after delivery

If the special design is delivered, the remaining payment is due at the handover, at the latest. The customer has a right of return of 30 days after receipt. In the case of a return, 30% of the purchase price will be retained from the deposit and the rest returned, as long as the customer permits the further use of the mosaic by the seller, and as long as this further use by the seller is possible. If the customer demands that the goods be destroyed, the refund is reduced to 50% of the total purchase price. The seller will inform the buyer of the evidence of destruction that will be accepted. The customer will send the evidence of destruction as an insured package, at his own costs, to the seller (maximum weight 2 kg).

§ 8 Due date and payment, arrears

§ 9 Warranty for defects and liability

The following defects must be tolerated by the customer and are normal or intentional in the context of production:

For all other defects, in particular the warranty of the known characteristics of the marble used with regards to water and frost, there is a guarantee of 5 years. The mosaics may only be cleaned using materials suitable to stone care. They must be protected from blows from hard or heavy items. Every contact with acids must be avoided.

§ 10 Data protection

Data provided by the customer and mail correspondence will be saved in a database. The data collected are used exclusively for sales, and for the processing of orders. The data will not be forwarded to third parties, not will they be used for our own advertising purposes. They will be deleted automatically once the commercial record retention period, valid in Germany, has expired (6 years).

§11 Severability clause

The provisions of these terms and conditions are to be interpreted according to their meaning and purpose. Should an individual provision become invalid, this does not affect the validity of any other provision. The invalid provision is to be replaced by a respective provision that corresponds closely, with legal effect, to the meaning and purpose. This also applies to any omissions. The applicable law is that of the Federal Republic of Germany.