GTC

1. scope of application

The following General Terms and Conditions apply to all contracts with TRAUMZAUN. Any terms and conditions of the buyer that deviate from these
General Terms and Conditions shall not apply.

2nd contract partner

TRAUMZAUN24 is a registered trademark of Traumzaun GmbH (Bonn), Ladestraße 7a – 15834 Rangsdorf, with which
contracts are concluded.

3. conclusion of contract

Calculations and offers from TRAUMZAUN are always non-binding and subject to change. Orders placed by the
client constitute a binding offer. The contract is only concluded when TRAUMZAUN confirms its
acceptance in writing.
The client is obliged to pay 30% of the order amount after placing the order. TRAUMZAUN is not obliged to commence execution of the
order before receipt of the
agreed down payment in our business account and confirmation of the drawing (with the exception of
picket fence fencing systems) by the client.
The client permits registration in the company reference list. The personal data of the
client will also be collected, processed
and used automatically in accordance with the provisions of the BDSG, DSGVO and UWG. The client may object to the processing and use of data for the purposes of advertising and
market and opinion research at any time.

As our fence and gate systems are made to measure, color, opening direction and equipment individually for your property
, a revocation according to § 312d para. 4 no. 1 BGB is not possible.

All prices include the statutory value added tax. The prices quoted are final sales prices plus
shipping costs. The client shall receive installments for partial payments and, after completion, a final invoice
with VAT shown, including a breakdown of material and installation costs (if ordered). The costs for
transportation are shown separately in the offer.
When the order is placed, a down payment of 30% of the order amount is due for measurement and planning services.

• If installation has not been commissioned, the remaining payment of 70% is due on the day of delivery
• If installation is ordered, a partial payment for material &
  planning services (advance payment 2) of 65% is due on the day of delivery
• After completion of the contractually agreed installation work, the final payment of 5.00% of the
  order amount is due

When the material is handed over, you have the option of paying by bank transfer, EC card or, in exceptional cases, in cash.
TRAUMZAUN is not obliged to hand over or unload the goods until they have been paid for in full
.
Note for payment by EC card: Please check with your bank in advance that you have a sufficient
daily limit for your EC card. Many banks limit this to approx. 1,000 – 2,000 € per day and card.
Deviating agreements are only valid if they have been confirmed in writing by the TRAUMZAUN office staff/accounting department
. The client is only entitled to offset its own claims against payment claims of
TRAUMZAUN if the client’s claims have been legally established by a court of law or recognized in writing by
TRAUMZAUN.
In the event of late payment, default interest of at least 5 percentage points above the base interest rate
will be charged. It is agreed that each reminder will be invoiced at a pro rata cost rate of € 10.00
.

TRAUMZAUN will begin processing an order after receipt of the contractually agreed down payment
or approval of the drawing.
The delivery time is approx. 7 – 14 weeks to our central warehouse in Berlin (depending on the model and season) and begins from
the receipt of the down payment on the business account or the approval of the technical drawing, depending on
whichever is later. Reasonable and justified delays in confirmed
delivery dates due to force majeure, war or pandemics do not entitle the customer to withdraw from the contract.
For delivery to the customer, it is necessary for the customer or an authorized representative to be present in order to carry out an external visual inspection and to sign the delivery protocol.
.
TRAUMZAUN requires an authorization in writing for delivery.
Delivery is made to the front of the property or to the storage location you specify, which is easily accessible from the street front
, and is announced a few days before delivery. Complete delivery to the
ordering party is mandatory in order to be able to record installation capacities and plan them separately. If an
delivery attempt fails through no fault of TRAUMZAUN or its contracted forwarding agent
and a new delivery is necessary as a result, the buyer shall bear the associated costs. TRAUMZAUN is entitled to make partial deliveries to
if the delivery involves different manufacturers or special deliveries, e.g. very large
sliding gates with oversize.
Note Delivery without installation: If you have not ordered installation, you will need 1 to 3 of your own helpers
(depending on the gate size and type) to ensure safe unloading. The forwarder/driver does not have a
forklift truck.

The client shall be in default of acceptance if it does not accept the ordered goods within 14 days of the agreed delivery date
despite proper notification of the
delivery date or provision of the goods. The client is advised that it is obliged to accept the goods on the agreed delivery date
.
Payment of the second partial invoice is also due in the event of default of acceptance at the latest on the agreed
delivery date, even if the goods are not accepted.
If the client is in default of acceptance, TRAUMZAUN is entitled to store the goods at the expense of the
client with itself or another suitable warehouse keeper. The storage costs arising from the delay in acceptance
shall be charged to the client. Irrespective of the storage,
payment for the goods shall remain due on the original delivery date.

If the client refuses the delivery date specified by TRAUMZAUN without a valid reason, storage fees will be charged from the
3rd calendar week. Storage fees are due from the 3rd calendar week according to the following scale:
From the 3rd week = 75 € net plus VAT per week
From the 5th week = 150 € net plus VAT per week

If the delay in acceptance lasts longer than 6 weeks, TRAUMZAUN is entitled to withdraw from the contract and to demand compensation for non-performance. In addition to storage costs, compensation shall also include any loss of profit and all other costs incurred as a result of non-acceptance of the goods. The goods must be inspected externally (visual inspection) for damage upon delivery or collection and confirmed in the driver’s delivery report. Written confirmation from the driver of the forwarding agent or the person handing over the goods must be available for the inspection or acknowledgement of transport damage. Complaints about obvious damage such as powder coating and galvanizing can only be made in writing to the carrier or supplier directly upon delivery of the goods (before installation of the fencing system). Failure to make a complaint or contact the carrier has no consequences for the client’s warranty rights, but helps TRAUMZAUN to assert claims against the carrier.

8. installation service (if commissioned) including obligations of the customer

If an installation is ordered, TRAUMZAUN will carry out the detailed measurement including technical feasibility check and
construction start-up protocol. After acceptance of the preliminary offer, the
appointment for the detailed measurement is made promptly. Depending on the cost and season, the
technical drawing of the fencing system ordered to size is usually produced within 1 – 2 weeks, which is decisive for the start of production (technical
drawing not for picket fence systems).
The client must be present in person at the measurement appointment to confirm the recorded dimensions,
model selection and plot details, to determine the boundary and reference points and to compare them with the
offer. The necessary reference points for the heights, including boundary stones or
measuring stakes, must be checked in advance by the client. No liability can be accepted for incorrect information provided by the
client with regard to incorrect boundaries of the property.
The fixed price includes a one-off detailed measurement in Germany by our technical consultant. Should
a further measurement be desired or necessary, for which TRAUMZAUN is not responsible, then
this will be invoiced separately at cost, including travel costs.
Should the client carry out the technical measurement on his own responsibility, then TRAUMZAUN
accepts no liability for incorrect measurements.
As soon as the delivery date of the material has been fixed or the delivery has been made, a date for the start of
installation will be agreed promptly. Delivery and installation dates may be agreed differently.
Prior to delivery, the customer must allocate an accessible storage area on the building site.
Any deviating regulations must be set out in writing in the order and confirmed by TRAUMZAUN.
When TRAUMZAUN begins installation, the work area (approx. 50 cm construction clearance around the future fence alignment line
on both sides) must be kept free of any materials, plants or roots. Furthermore, the client shall provide the
installation team with pipe plans for water, waste water, gas, electricity and telephone in good time before the start of
installation. If the client does not provide these, he shall be fully liable for any
damage to pipes and lines.
The demolition of old installations and the disposal of foundations, concrete residues, etc. are expressly not part of the
standard scope of services, unless otherwise agreed in writing in the order.

The excavated earth remains with the customer. The customer shall assign the installation team a suitable and accessible location
. The installation of a fence and gate system is designed for normal soil conditions (soil groups 2 – 4 according to DIN 18196)
. If old concrete residues, strip foundations, roots or stones with a grain size of more than 63 mm
are found in the ground, the installation can be aborted.
A new price for the additional work or use of special machinery can be agreed on site after detailed consultation with the
installation team and the client. If the installation is then continued by
TRAUMZAUN at the customer’s request and the additional work is carried out, invoicing will be based on the
actual hours worked.  

– For demolition or additional chiseling work above the standard floor class € 79.00 plus VAT per
man/hour.  

– for electrical connection work and site management € 99.00 plus VAT per man/hour

Deviating hourly rates (subject-specific) are determined after detailed consultation with the
installation team and the client. 

If the conditions that become apparent in the course of the work make further
installation impossible, TRAUMZAUN24 reserves the right to cancel the work at any time
and to charge for any additional work or additional journeys at cost.
If it is necessary to take up the existing paving, TRAUMZAUN will only take up the paving for these
cases and store the stones at the client’s designated location. TRAUMZAUN accepts no liability for the professional and visually
flawless reinstallation of the paving.
In order to guarantee professional installation, we require appropriate weather conditions. This means that when
using concrete, the minimum temperature should not
fall below the technical specification of the concrete manufacturer. Winter conditions such as snow, permafrost, heavy rain and storms can delay and interrupt the installation
process. The installation time is extended by this period accordingly. We will endeavor
to continue the installation as quickly as possible and in chronological order as soon as conditions improve.

The standard assembly service includes

Setting all posts in concrete in the ground or bolting them to a wall. Excavation and creation of a
foundation for a gate system. Installation of all fence panels, gates and wickets as well as their adjustment and alignment
as well as the connection of the electrical components supplied by TRAUMZAUN (exception: intercom systems)
in the area of the fence system, provided these are included in the offer.
No materials provided by the customer are installed, no electrical third-party products are connected (e.g.
drives) and no accessories provided by the customer are installed! No liability can be accepted for materials provided by the customer
. For liability reasons, the electrical cables are only connected in the area of the fence system and
not inside the building.

After completion, the fence system, gate and gate system must be left to dry for 3 – 5 days, depending on the weather conditions, to allow the
foundations to dry. TRAUMZAUN accepts no liability for non-compliance with the rest periods and the resulting misalignments
.
The fence system is handed over to the client in full working order after completion by the
installation team or the electrician. The electric drive, if ordered, will be checked for proper functioning by
, provided the power supply from inside the house is already in place.
Should any defects arise during the handover that cannot be rectified immediately, these will be recorded separately
and forwarded to TRAUMZAUN for processing. In the event of justified defects and
complaints, TRAUMZAUN has the right to rectify the defective item twice, deliver a replacement
or take it back for credit. There is a period of up to 6 weeks for rectification
processing time, plus the manufacturer’s delivery time for any custom-made items.
The 5-year
warranty on the installation work in accordance with the German Civil Code (BGB) begins on the day of handover and when the fencing system is put into operation by the client.

TRAUMZAUN grants the following warranty periods for the following product categories:

• For the steel fence system, you receive a 10-year manufacturer’s guarantee against rusting through
• for the fence system made entirely of aluminum, a 15-year manufacturer’s warranty
• for the drives of the manufacturer Marantec and Sommer Antriebe GmbH, a 5-year manufacturer’s warranty
  of which TRAUMZAUN takes over the processing in the first two years
• for light sources and LEDs from various manufacturers. manufacturers, a 1-year guarantee. Service beyond this period
  cannot be provided for light sources

If the goods exhibit defects that deviate from the contractual agreements with TRAUMZAUN or significantly affect the
value of the goods, TRAUMZAUN is entitled to rectify the defects twice or deliver a replacement
. Visual impairments that have arisen in the course of proper processing of the goods
are not defects that entitle the Client to warranty claims. The
surface of the galvanization may exhibit unevenness for technical reasons. This is a quality feature for
galvanizing DIN ISO 1461. There is no defect if the surface has a uniform and
clean overall appearance from a distance of 3 m.
The client is liable for the consequences of incorrect and/or incomplete information and dimensions. If the
rectification fails or is delayed for more than 8 weeks for reasons for which TRAUMZAUN is not
responsible, or if TRAUMZAUN is unable to supply a replacement, the client is entitled to demand a reduction
of the purchase price. Any further claims by the client, in particular
claims for damages including loss of profit or due to other financial losses are
excluded.
Moving parts such as locks, hinges, rollers, letterbox flaps etc. must always be well oiled,
greased and maintained on site. No liability is accepted for wear and tear, including color fastness.

It is expressly pointed out that no liability is accepted for installation errors or for damage caused by
improper use of the fence elements.

TRAUMZAUN retains title to the goods until all payments under the contract have been received. In the event of
seizures or other interventions by third parties in the ownership of the goods, the client must inform TRAUMZAUN
immediately in writing. Any connection of the goods to a property is only temporary until
full payment of the goods by the client.
TRAUMZAUN reserves its right of ownership and
copyright to offers, drafts, drawings and calculations. They may not be used, reproduced or made accessible to third parties
without its consent. All documents provided must be returned to
immediately if the order is not placed.

The contract between TRAUMZAUN and the client and any amendments to the contract must be made in writing.
This also applies to the waiver of the written form requirement. TRAUMZAUN reserves the right to carry out
product changes that serve to improve quality, even without prior notice.
It is expressly pointed out that brochure illustrations and the illustrations on our
website are schematic representations and reference fencing systems with special equipment. These do not claim
to be concrete identical production. Deviations may occur for production reasons. The
illustrations in the catalog, website and other brochures, in whole or in part, do not correspond to the
original scale.

If the client is a registered trader and concludes the contract for his commercial enterprise,
the place of jurisdiction for all claims arising from the contract shall be the Potsdam Regional Court.

Status: Rangsdorf, 01.04.2025