General Terms and Conditions (GTC)
Michael Schladt WARCO Bodenbeläge
Andergasse 17
67434 Neustadt an der Weinstraße
Germany
(valid from January 2025 for deliveries and services within the European Union)
§ 1 Scope and contracting parties
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts, deliveries and services of Michael Schladt WARCO Bodenbeläge, Andergasse 17, 67434 Neustadt an der Weinstraße, Germany (hereinafter “WARCO”), concluded with consumers and businesses within the meaning of Sections 13 and 14 of the German Civil Code (BGB) (hereinafter collectively referred to as “customers”) within the European Union.
Differing or supplementary terms and conditions of the customer shall not become part of the contract unless WARCO has expressly agreed to them in writing.
The contract is concluded exclusively in the German language. The version of these GTC valid at the time of the order shall apply.
§ 2 Conclusion of contract
The presentation of products in the online shop, catalogues or other media does not constitute a legally binding offer but an invitation to place an order.
By submitting an order via the online shop, by e-mail or in writing, the customer makes a binding offer to conclude a purchase contract.
The contract comes into effect once WARCO accepts the offer, either through a written order confirmation or by dispatching the goods.
Orders placed at the WARCO Gallery in 67433 Neustadt an der Weinstraße are considered on-site orders. Immediate collection of goods is not possible – delivery is made exclusively by shipment.
§ 3 Prices and shipping costs
All prices are quoted in euros. For consumers, prices include VAT; for businesses, prices are quoted net, plus the applicable VAT.
Shipping costs are borne by the customer unless otherwise agreed. Current shipping costs are displayed prior to contract conclusion in the online shop or stated in the individual offer.
Any customs duties, import taxes or similar public charges are payable by the customer.
§ 4 Delivery and delivery time
Delivery is made from WARCO’s warehouse or from a logistics partner commissioned by WARCO to the delivery address specified by the customer within the EU.
The usual delivery time is 7 to 21 days after contract conclusion. In the case of prepayment, the delivery period begins upon receipt of payment.
Partial deliveries are permitted insofar as they are reasonable for the customer.
If WARCO, despite having placed orders with its suppliers in good time, does not receive the goods for reasons beyond its control (self-supply reservation), it is entitled to withdraw from the contract. The customer will be informed immediately; any payments already made will be refunded without delay.
In cases of force majeure (e.g. strikes, natural disasters, raw material shortages, or transport disruptions), the delivery period shall be extended by the duration of the event. The customer will be informed accordingly.
§ 5 Payment, due date, and retention of title
The purchase price is due – unless otherwise agreed – upon delivery or receipt of the invoice.
In the event of payment default, the statutory provisions of Sections 286 et seq. BGB apply.
The delivered goods remain the property of WARCO until full payment of all claims arising from the respective contract.
For business customers, the retention of title extends to all outstanding claims from the ongoing business relationship (current account reservation).
§ 6 Right of withdrawal for consumers
Consumers have a statutory right of withdrawal for distance contracts in accordance with Sections 312g and 355 BGB. Details are provided in the Right of withdrawal information, which is available in the online shop and forms part of the purchase contract.
The withdrawal can be declared informally – for example, by e-mail to info@warco-tiles.com – or via the online withdrawal form.
The customer shall bear the direct costs of returning the goods.
The right of withdrawal does not apply to: (a) goods manufactured to the customer’s specifications or clearly customised; (b) sealed goods which, for health or hygiene reasons, are not suitable for return once their seal has been removed after delivery.
In the event of a valid withdrawal, WARCO shall refund all payments received, including delivery costs, without undue delay and no later than 14 days after receiving the returned goods.
§ 7 Warranty
For consumers, the statutory warranty rights pursuant to Sections 434 et seq. BGB apply; the period is two years from delivery.
For business customers, the warranty period is twelve months from delivery.
Businesses must notify obvious defects in writing within 14 days of receipt of the goods (§ 377 HGB).
WARCO is entitled, at its discretion, to rectify the defect or provide a replacement. If subsequent performance fails, the customer may request a price reduction or withdraw from the contract. Further claims for damages are governed by § 9 of these GTC.
§ 8 Delay in acceptance and storage fees
If the customer fails to accept the goods in due time, WARCO may charge storage costs of 1 % of the value of the goods per month (or part thereof), up to a maximum of 5 %. Both parties may prove a lesser or greater loss.
§ 9 Liability
WARCO is fully liable for intent and gross negligence, as well as for injury to life, body or health, including in cases of slight negligence.
In cases of slight negligence regarding essential contractual obligations, liability is limited to the foreseeable damage typical for such contracts.
Otherwise, WARCO is only liable under the Product Liability Act or in the event of an expressly assumed guarantee. Liability for indirect or consequential damages, including lost profits, is excluded to the extent permitted by law. The above limitations also apply in favour of WARCO’s legal representatives and agents.
§ 10 Limitation period
For consumers, claims for defects become time-barred two years after delivery; for used goods, one year. For business customers, the limitation period is one year after delivery. Claims based on intent, fraud, guarantees, personal injury or product liability remain unaffected.
§ 11 Data protection
WARCO processes personal data solely in accordance with applicable data protection laws. Further details are provided in the Data protection.
Customer data will not be disclosed to third parties without a legal basis or the customer’s express consent.
§ 12 Online dispute resolution and consumer arbitration
The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. WARCO is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
§ 13 Final provisions
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German. The place of jurisdiction for business customers is WARCO’s registered office in 67434 Neustadt an der Weinstraße. Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Amendments or additions must be made in writing.
Version: October 2025