General Terms and Conditions for the online shop at www.divikom.eu

(as at: September 2025)

§ 1 Scope of application and provider

(1) These General Terms and Conditions (GTC) apply to all contracts for goods concluded via the online shop at www.divikom.eu.

(2) The provider of the online shop is Divikom, s.r.o., Dolmenska 772, 25241 Dolní Břežany, Czech Republic, represented by its managing director (hereinafter: "we" or "DIVIKOM"). The German contact point DIVIKOM STAHLMÖBEL, Eschersheimer Landstraße 42, D-60322 Frankfurt am Main is for correspondence purposes only and is not an independent business unit.

(3) Our offer is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. The conclusion of a contract with consumers within the meaning of § 13 BGB is excluded. With your order you confirm that you are acting as an entrepreneur.

(4) Deviating or supplementary terms and conditions of the customer shall not become part of the contract unless we expressly agree to their validity in writing. These GTC shall also apply if we carry out the delivery without reservation in the knowledge of deviating terms and conditions of the customer.

§ 2 Conclusion of contract

(1) The presentation of the products in our online shop does not constitute a legally binding offer, but merely a non-binding invitation to place an order.

(2) By sending the order via the button "order with obligation to pay" you submit a binding offer to purchase the goods contained in the shopping basket.

(3) The purchase contract is only concluded when we accept your order by means of a written order confirmation by e-mail. Verbal agreements or promises are invalid unless they are confirmed by us in writing.

(4) The customer is obliged to check the order confirmation immediately for correctness and completeness. Any deviations from the order must be notified to us in writing without delay, at the latest within two working days of receipt of the order confirmation. If no complaint is made in due time, the order confirmation shall be deemed approved.

(5) Obvious errors and mistakes in our offers, order confirmations, invoices and prices may be corrected by us. Claims arising from demonstrably incorrect information that contradicts our other sales documents are excluded. Dimensions, weights, illustrations and drawings are approximate unless they are expressly labelled as binding.

§ 3 Prices and terms of payment

(1) All prices are net prices, plus the applicable statutory value added tax.

(2) Unless otherwise stated, prices are per item.

(3) The minimum order amount is EUR 300 excluding VAT.

(4) The prices are ex warehouse of Divikom, s.r.o. in 25241 Dolní Břežany, Czech Republic; alternatively, from another warehouse location in the Czech Republic. All prices are ex warehouse (EXW) including standard packaging. Pallet costs are excluded and will be charged separately if palletisation is required. Shipping, delivery and assembly costs are not included in the price and are shown separately.

(5) The prices stated in the online shop or in our sales documents at the time of the order shall apply. All previous prices lose their validity.

(6) Unless otherwise agreed, deliveries shall be made against advance payment. However, we reserve the right to offer other methods of payment in individual cases. The goods will only be dispatched once payment has been received in full.

(7) If purchase on account has been agreed, the payment deadlines can be found on the invoice. The invoice is due at the latest on the last day of the specified period.

(8) Non-payment of the advance payment does not release the customer from the obligation to pay. Unauthorised discounts or rebates as well as unpaid processing and reminder fees shall be demanded subsequently.

(9) Default shall occur on the day after the due date. In the event of default, DIVIKOM shall be entitled to demand default interest in accordance with Section 288 BGB. The right to claim higher damages caused by default remains reserved.

§ 4 Terms of delivery and default of acceptance

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. The customer is responsible for unloading and transporting the goods.

(2) The delivery dates are non-binding and approximate. They may be delayed due to production or logistical processes. Unforeseeable obstacles to delivery, in particular force majeure, operational disruptions, strikes, lockouts, material shortages or delays in delivery by our suppliers, shall entitle us to postpone the delivery appropriately or, if the obstacles are permanent, to withdraw from the contract. Claims of the customer for damages are excluded in these cases.

(3) The delivery period shall commence on the date of our order confirmation, but not before all details of the order have been clarified.

(4) The time of dispatch from our warehouse shall be decisive for compliance with the delivery period.

(5) If dispatch or acceptance of the goods is delayed for reasons for which the customer is responsible, the customer shall be in default of acceptance as soon as we have notified him that the goods are ready for dispatch. In this case, we shall be entitled to claim the costs of delivery and return, interim storage and the associated administrative expenses. During the delay in acceptance, DIVIKOM shall only be liable for intent and gross negligence.

(6) The customer is obliged to design the delivery address in such a way that unhindered delivery by lorry is possible. He must inform us in good time of any special structural features (e.g. bridges, passages). Our obligation to deliver ends at the point that can be reached by the forwarder in compliance with statutory and labour protection regulations.

(7) To ensure smooth delivery, the customer must make the necessary registrations or accreditations at the delivery address and ensure that a person authorised to accept the goods accepts them on the agreed delivery date.

§ 5 Assembly

(1) We shall only assemble the goods on the basis of a separate written agreement.

(2) The customer is responsible for ensuring that the surfaces intended for installation are even and levelled. Any unevenness shall be levelled out by us using wedges or timbers if the goods do not compensate for this themselves. This service may be invoiced separately.

(3) Fastening the cabinets to the building structure requires a separate written order. The customer must inform us of any pipes, cavities, requirements of monument protection or statics and similar special features. We shall not be liable for any damage caused by failure to comply with this duty of notification.

(4) If we are unable to carry out the installation for reasons for which the customer is responsible or cannot carry it out on time (e.g. due to a lack of information, unsuitable areas or obstacles on the construction site), we shall be entitled to invoice the futile travelling costs and the additional expenditure.

§ 6 Transfer of risk

(1) The risk of accidental loss or accidental deterioration of the goods shall pass to the customer as soon as we have delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment (Section 447 BGB). This also applies if we bear the shipping costs.

(2) If the customer is in default of acceptance, the risk shall pass to him at the point in time at which acceptance is refused or we have notified him that the goods are ready for dispatch.

§ 7 Retention of title

(1) We reserve title to the delivered goods until all claims arising from the business relationship have been paid in full.

(2) The customer is authorised to resell the goods subject to retention of title in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice value of the reserved goods which accrue to him from the resale to third parties. We accept this assignment.

(3) In the event of seizure, filing for insolvency or other interventions by third parties, the customer must immediately point out our ownership and inform us immediately in writing. If the third party is not in a position to reimburse us for the judicial or extrajudicial costs, the customer shall be liable for the damage incurred by us.

§ 8 Claims for defects (warranty)

(1) The goods are free from defects if they correspond to the agreed specification at the time of the transfer of risk. Liability for a specific purpose or a specific suitability shall only be assumed if this has been expressly agreed in writing. Otherwise, the customer shall bear the risk of use.

(2) We reserve the right to minor deviations in shape, colour and dimensions due to technical reasons or customary in the trade. We would like to point out that colours may vary due to natural conditions and no guarantee is given for this.

(3) The customer is obliged to inspect the goods immediately upon receipt for obvious defects, transport damage as well as for correctness and completeness and to inform us immediately, at the latest within 48 hours after receipt, in writing (e-mail, fax or post). Transport damage must also be noted on the delivery note and acknowledged by the driver. Subsequent complaints about obvious defects are excluded.

(4) Claims for defects that were not recognisable during the inspection (hidden defects) shall become time-barred within twelve months of delivery of the goods.

(5) In the event of a defect, the customer shall initially have the right to subsequent fulfilment through rectification or replacement delivery, at our discretion. Further claims, in particular for damages, shall only exist under the conditions specified in § 9. There is no entitlement to compensation for installation and removal costs or for operational disruptions.

(6) The warranty shall not apply if the customer has modified the product without our consent or handled it improperly and the defect has arisen as a result.

§ 9 Liability

(1) We shall only be liable for damages - regardless of the legal grounds - if we can be accused of intent or gross negligence. In the event of slightly negligent breaches of duty, we shall only be liable if an essential contractual obligation (cardinal obligation) has been breached, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

(2) Liability for slight negligence shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. It is also limited to the amount covered by our liability insurance.

(3) The above limitations of liability do not apply to damages resulting from injury to life, limb or health, to liability under the Product Liability Act or for breach of a guarantee.

§ 10 Final provisions

(1) Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision.

(2) Place of jurisdiction and applicable law

The place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of Divikom, s.r.o. in Prague, Czech Republic, to the extent permitted by law. The law of the Czech Republic shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).