Terms and Conditions (AGB)
§ 305 BGB
Below you will find our general terms and conditions for the construction and building services of AFM Bau & Gebäudeservice.
1. Scope
These Terms and Conditions apply to all contracts between AFM Bau & Gebäudeservice (Owner: Kasem Alshami) and the customer for construction, renovation and building services. Deviating terms of the customer shall not be recognized unless AFM Bau & Gebäudeservice expressly agrees to their validity in writing.
2. Subject of Contract
The subject of the contract shall be the specifically agreed construction, conversion, fit-out and building services. The type and scope of the services shall be recorded in advance by quotation and written contract.
Remuneration and Payment Terms
All prices are net prices plus statutory VAT unless otherwise stated. For small businesses under § 19 UStG, no VAT is charged. Unless otherwise agreed: 50% down payment upon order placement, 50% after completion and acceptance. Invoices are due within 14 days without deduction.
4. Termination
The termination of work or service contracts shall be governed by the statutory provisions of the German Civil Code (BGB). Unless otherwise regulated by law, termination must be in writing. Services already rendered shall be settled on a pro-rata basis.
5. Liability
AFM Bau & Gebäudeservice is liable for damages caused by gross negligence or intent. Liability for simple negligence is excluded unless essential contractual obligations (cardinal obligations) are violated. The provisions of the VOB/B and statutory warranty periods shall apply in accordance with the statutory regulations.
Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity.
Withdrawal Instruction
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (AFM Bau & Gebäudeservice, Naundörfchen 6, 04109 Leipzig, info@afmbau.de, +49 176 61305779) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the provision of services if we have fully performed the service and only began performance after you gave your express consent and simultaneously confirmed your knowledge that you would lose your right of withdrawal upon full performance by us. For construction services manufactured according to individual customer requirements, the right of withdrawal is excluded according to § 312g para. 2 no. 1 BGB.
Model Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and return it. To: AFM Bau & Gebäudeservice, Naundörfchen 6, 04109 Leipzig, info@afmbau.de I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*): _______________________________________________ Ordered on (*) / received on (*): _____________________ Name of consumer(s): _____________________ Address of consumer(s): _____________________ Signature of consumer(s) (only if notified on paper): _____________________ Date: _____________________ (*) Delete as applicable.
6. Final Provisions
The law of the Federal Republic of Germany shall apply as well as, insofar as agreed, the VOB. Place of performance and exclusive place of jurisdiction is Leipzig, provided the customer is a merchant.