Terms of service
This translation is provided for convenience only; the German version shall prevail.
TERMS AND CONDITIONS OF stglicht GmbH
I. General
These general terms of delivery apply exclusively to the full scope of all deliveries and services provided by stglicht GmbH – hereinafter also referred to as "Supplier" – to third parties – hereinafter also referred to as "Purchaser". Any conflicting terms of the Purchaser, or terms deviating from the Supplier's terms of delivery, are not recognised by the Supplier unless the Supplier has expressly agreed to their validity in writing. The Supplier's terms of delivery also apply where the Supplier, being aware of conflicting terms or terms of the Purchaser deviating from its own, carries out the delivery to the Purchaser without reservation.
The Supplier's terms of delivery apply only in relation to entrepreneurs within the meaning of § 310(1) of the German Civil Code (BGB).
Before placing an order, the Purchaser is obliged to review the Supplier's information regarding the content and scope of the respective delivery, even where the Supplier has assisted the Purchaser with planning the delivery beforehand. The Purchaser must inform the Supplier without delay if the chosen designs, components, etc., may be unsuitable, uneconomical, or otherwise disadvantageous, incorrect or detrimental.
The delivery does not include assembly or commissioning of the item.
The Supplier is entitled to make partial deliveries.
II. Inspection and Sample Shipments
Samples are supplied in accordance with these terms of delivery and do not constitute an offer by the Supplier. The Purchaser must return the samples to the Supplier no later than 14 days after receipt.
The Supplier reserves unrestricted rights of ownership and copyright exploitation in samples, cost estimates, drawings, photographs and other documents. These may only be made available to third parties with the Supplier's prior consent. Drawings and other documents relating to offers must, if the order is not placed with the Supplier, be returned without delay upon request. Sentences 1 and 2 apply accordingly to documents belonging to the Purchaser; however, these may be made available to third parties to whom the Supplier has lawfully assigned deliveries or services.
III. Prices, Transport Insurance, Transport and Packaging Costs
Statutory VAT is not included in the quoted prices; it will be shown separately on the invoice at the statutory rate applicable on the date of invoicing.
In addition to the purchase price, the Purchaser shall pay transport insurance amounting to 1.8% of the net purchase price, and, for deliveries under €250, transport and packaging costs amounting to 5% of the net purchase price.
Our offers remain binding for a period of 6 weeks.
IV. Delivery Periods
Notwithstanding the agreement of a specific delivery time or a fixed delivery period, this does not constitute a transaction for delivery by a fixed date ("Fixgeschäft"). This applies equally in the case of a commercial transaction.
If failure to meet the delivery time or delivery period – hereinafter collectively referred to as the "period" – is demonstrably attributable to mobilisation, war, unrest, strike, lock-out, or the occurrence of unforeseeable obstacles, the period shall be extended by a reasonable amount.
Where the period is not met for reasons other than those stated above, the Purchaser may, provided they credibly demonstrate that they have suffered loss as a result of the delay, claim compensation for delay for each completed week of delay, amounting to 0.5%, up to a maximum total of 5%, of the value of that part of the Supplier's deliveries or services which could not be put into proper operation due to the late completion of individual related items. The Purchaser may also claim payment of such compensation for delay where the circumstances referred to in paragraph 1 occur only after the originally agreed period has been culpably exceeded. Claims for compensation by the Purchaser exceeding the aforementioned limit of 5% are excluded in all cases of late delivery, including after expiry of any grace period granted to the Supplier. This does not apply where mandatory liability arises in cases of intent or gross negligence.
The Purchaser's right of withdrawal following the fruitless expiry of a period set for the Supplier to perform or remedy performance remains unaffected.
V. Payment
Payments are due without delay upon receipt of the invoice, free to the Supplier's designated payment office.
The Purchaser may only set off claims that are undisputed or have been established with final and binding legal effect. Where the Purchaser raises a notice of defect, payments by the Purchaser may be withheld to an extent reasonably proportionate to the defects that have occurred. However, where the contract forms part of the Purchaser's commercial business operations, the Purchaser may only withhold payment where a notice of defect is raised whose validity is beyond reasonable doubt.
For net order values of €2,500 or more, 35% of the gross order value is payable to the Supplier as an advance payment. This advance payment is due without delay upon placement of the order, free to the Supplier's designated payment office.
VI. Retention of Title
The goods remain the property of the Supplier until all of the Supplier's claims against the Purchaser arising from the business relationship have been settled. In the event of conduct by the Purchaser in breach of contract, in particular default of payment, the Supplier is entitled to repossess the goods. Repossession of the goods by the Supplier constitutes a withdrawal from the contract. Following repossession, the Supplier is entitled to realise the value of the goods; the proceeds of such realisation shall be credited against the Purchaser's liabilities, less reasonable costs of realisation.
The Purchaser is, however, entitled to process and sell the goods in the ordinary course of business. The Purchaser hereby assigns to the Supplier, by way of security, all claims against third parties arising from such processing or sale, in full. Notwithstanding this assignment, the Purchaser remains entitled to collect such claims. In the event that the Purchaser fails to pay by the due date, the Supplier is entitled to prohibit the Purchaser from collecting such claims and to require the Purchaser to provide, without delay following notification, all information and documents required for the Supplier to collect the claim itself, and to notify the third party of the assignment without delay following such notification.
Any processing or transformation of the goods by the Purchaser shall always be deemed to be carried out on behalf of the Supplier. Where the goods are processed together with other items not belonging to the Supplier, the Supplier shall acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount, including VAT) relative to the other processed items at the time of processing. In all other respects, the same provisions apply to the item created through processing as apply to goods delivered subject to retention of title.
Where the goods are inseparably mixed with other items not belonging to the Supplier, the Supplier shall acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount, including VAT) relative to the other mixed items at the time of mixing. Where the mixing occurs in such a way that the Purchaser's item is to be regarded as the principal item, it is agreed that the Purchaser shall transfer proportionate co-ownership to the Supplier. The Purchaser shall hold such sole or co-ownership thus created in safekeeping on behalf of the Supplier.
The Purchaser also assigns to the Supplier, as security for the Supplier's claims against the Purchaser, any claims against third parties arising from the connection of the goods with a plot of land.
The Supplier undertakes, at the Purchaser's request, to release securities to which the Supplier is entitled to the extent that their realisable value exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at the Supplier's discretion.
VII. Execution
Changes in the design and construction of products necessitated by technical progress, as well as minor craftsmanship-related deviations in dimensions, stated colours and finishes, do not constitute a deviation of the actual condition from the agreed condition.
VIII. Notice of Defects
The Purchaser is obliged to thoroughly inspect the goods upon receipt of each individual delivery and to notify the Supplier of any recognisable defects no later than the following working day after receipt of the delivery. Where defects subsequently arise, the Purchaser must likewise notify the Supplier no later than the working day following discovery of the defect. Receipt of the notice of defects by the Supplier is decisive for compliance with this deadline. Failure to observe the above deadlines excludes any assertion of warranty claims.
IX. Liability for Defects, Notice of Defects
The Purchaser's right to choose the method of subsequent performance is limited insofar as, for the first instance of subsequent performance, the Supplier may determine whether such performance is to be provided by remedying the defect or by delivering an item free of defects. Subsequent remedy shall only be deemed to have failed after the third attempt.
Where the Purchaser refuses subsequent performance despite it being reasonable to accept it, the Purchaser's claims and rights in respect of defects are excluded.
The Purchaser's right to assert claims arising from defects shall, in all cases, become time-barred 24 months from the date of transfer of risk, unless the law mandatorily prescribes longer periods. The statutory limitation periods apply in cases of intent or gross negligence.
The contractually agreed condition of the delivered items does not extend to resistance against natural wear and tear, improper handling before or after installation, improper installation work, unsuitable ground conditions, or unusual chemical, electronic or electrical influences.
Where the Purchaser or a third party improperly carries out modifications, repairs or defect-remedying work on the item, the Purchaser's rights in respect of defects are excluded to the extent that the defect is connected with the modifications, repairs or defect-remedying work carried out.
The Supplier bears only the transport costs necessary for the purpose of subsequent performance in respect of the replacement of defective items supplied by the Supplier. Any claim to reimbursement of further expenses incurred by the Purchaser in connection with subsequent performance, such as the costs of removal and installation carried out by the Supplier, is excluded.
X. Claims for Damages
All claims for damages by the Purchaser arising from any breach of duty are excluded. This does not apply to breaches of cardinal obligations, or where mandatory liability applies under the Product Liability Act in respect of personal injury or damage to privately used property, or in cases of intent or gross negligence. This limitation of liability applies correspondingly to the Purchaser.
XI. Jurisdiction, Severability Clause
Where the Purchaser is a merchant with full commercial capacity ("Vollkaufmann"), the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Krefeld.
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of these terms and conditions, or of any other part of the contract, be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, an appropriate provision shall apply that comes as close as possible to what the contracting parties would have intended had they been aware of the invalidity at the time of concluding the contract.
© stglicht GmbH // As of 2026. All rights reserved.