General Terms and Conditions (AGB) of the

Fjord Hütten GmbH, Bramstedtlunder Str. 7, 25926 Bramstedtlund



1 General
1.1 All our services, including advice, offers and ancillary services, are provided exclusively on the basis of the following terms and conditions of sale, delivery and payment, unless they are amended with our express written consent. Any conflicting terms and conditions of purchase of the buyer are hereby expressly rejected.


1.2 Our offers are subject to change for delivery and price. A contract with the buyer is concluded by the transmission of the signed order/order offer/contract by post, fax or electronic mail, but at the latest upon provision of a service provided by us.


2 Exclusion of liability
2.1 For all articles made of natural materials, e.g. wood (market huts/shelters etc.), there is the possibility of changes in the material due to weather influences such as moisture or dryness. It is inevitable that the material wood will warp, deform, crack or change its shape under these influences. Fjord Hütten GmbH cannot accept any liability or warranty for this. It is also generally not possible to return the goods. By submitting an order or a bid, the buyer declares his agreement with this exclusion of liability.
in agreement.


3 Prices and terms of payment
3.1 The prices are ex Fjord Hütten GmbH's registered office plus shipping costs. Unless otherwise agreed, the prices in our written offers shall apply. Unless expressly agreed otherwise in writing, we shall be bound by all our offers for 4 weeks. References to the statutory value added tax (gross or net prices) can be found in the respective offers.

3.2 Our invoices are due for payment immediately upon receipt without any deductions; in the case of auctions via the Internet, payment must be made in advance as is customary there. Goods for shipment will only be dispatched after receipt of payment (credit to our account).

3.3 If the buyer is in default of payment, we are entitled, without further proof, to charge interest in the amount of the respective base interest rate according to § 288 para. 1 sentence 1 BGB, but at least in the amount of 5 percent above the discount rate of the Deutsche Bundesbank. We reserve the right to assert further claims for damages caused by default.

3.4 Offsetting against counterclaims of the buyer/tenant disputed by us is not permitted. The buyer/tenant shall only be entitled to a right of retention insofar as it is based on the same contractual relationship.

3.5 Fjord Hütten GmbH reserves the right to terminate the contract without notice if the payment deadline is exceeded. This applies to the rental and sale of market huts, event furniture etc. as well as to huts in storage that are owned by the customer. Additional reminders and warnings are not mandatory for termination without notice.

4 Force majeure
4.1 Events of force majeure shall entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract in whole or in part due to the part of the contract not yet fulfilled. Force majeure shall include all circumstances that make delivery significantly more difficult or impossible, such as trade policy or other sovereign measures, strikes, lockouts, operational disruptions, poor weather forecasts and obstructions to transport routes, irrespective of whether these circumstances occur at our premises or those of a subcontractor. The buyer/lessee may demand a declaration from us as to whether we will withdraw from the contract or deliver within a reasonable period of time. If we do not make a declaration, the buyer/lessee may withdraw from the contract.

5 Applicable law, place of performance, place of jurisdiction
5.1 These business relations and all legal relations between the parties shall be governed by the law of the Federal Republic of Germany. The application of the uniform international sales law of the Hague Sales Convention is expressly excluded.

5.2 The place of performance for all obligations arising from the contract is 25926 Bramstedtlund.

5.3 Should individual provisions of these terms and conditions of sale, delivery and payment be invalid in whole or in part, the remaining provisions shall remain in full force and effect.

Additional conditions for the rental of rented items

6 Obligations of the tenant, liability of the tenant
6.1 The Hirer is obliged to accept the contractually agreed rental object and to pay the agreed rent.

6.2 If the handover of the rented item is postponed for reasons for which the Hirer is responsible, the Rental Firm shall be entitled to charge the costs of the loss. In the event of subsequent changes to the information required for the rental agreement, the Hirer shall bear all resulting costs.

6.3 The Hirer must ensure that the trucks used to transport the rented items can reach and leave the installation site without risk and that the Rental Firm can begin installation at the times agreed in the rental contract.

6.4 The Lessee shall inform the Lessor of the exact parking space at the latest when the Lessor arrives at the installation site. Should it become apparent after the start of the set-up work that a rented item needs to be relocated, the Hirer shall bear the additional costs incurred, even if he himself is not responsible for the relocation. The Lessee shall obtain any official permits required for the use of the rental object, in particular for parking spaces, road and sidewalk barriers, in good time.

6.5 The Hirer must also take all necessary protective and safety measures. The Lessee shall be liable for all damage arising from failure to comply with the duty to ensure safety in the extended work area. Furthermore, the Lessee undertakes to immediately remove any soiling caused by the use of the rental object, in particular from roads, sidewalks, parts of buildings and sewers, at its own expense and shall indemnify the Lessor against any third-party claims.

6.6 The Tenant is obliged to treat the rented property with care, to ventilate and heat it sufficiently if necessary and to keep it free of vermin. He must secure the rented property appropriately for the weather.

6.7 The Tenant shall be liable for damage culpably caused by him, by equipment operated by him (e.g. electrical appliances), by his vicarious agents, his subtenants or by persons who are present in the rented property with the knowledge and will of the Tenant, as a result of a breach of the duties of care and diligence incumbent upon him. The Tenant must prove that no such fault was present if it is established that the cause of the damage lies in the spatial/objective area delimited by the use of the rented property.

6.8 The Hirer shall be liable for damage that is discovered when the rented item is dismantled, unless the Hirer can prove that the damage was already present when the market hut/market stall was set up. The Hirer shall also be liable for consequential damage, in particular loss of rent, which arises as a result of the fact that the stall cannot be re-let or cannot be re-let immediately as a result of damage for which the Hirer is responsible.

6.9 If the wind force is 8 Bft or higher, the flaps and doors of the huts must be kept closed and locked to protect the hut from damage.


7 Maintenance, structural alterations, outdoor advertising and decoration
7.1 The Tenant may not make any structural alterations to the rented property.

7.2 The Tenant shall bear the costs for maintenance and repair of the rented items if the corresponding measures are caused by the use of the rented items. However, this does not apply to repair costs arising from damage for which the Lessor can claim insurance benefits.

7.3 The Tenant must remove any advertising and decorative equipment that it has installed without leaving any residue after the end of the tenancy and restore it to its original condition at its own expense.

7.4 The Tenant is not entitled to change the color of the rented property by painting or varnishing it.

8 Lessor's instructions, Lessor's liability
8.1 Our wooden huts are erected in accordance with the section of the building regulations on “temporary structures” without static proof. If our huts are used continuously for longer than 5 months or if our accessible huts are used by the public, the local building inspectorate may require a structural analysis. We will provide this on request, whereby the costs are to be borne by the client. Due to the diversity of our products, it is not economically feasible to provide general type statics.

8.2 The market huts may not be weatherproof in very bad weather conditions (squalls, heavy rain, heavy snowfall). Moisture penetration cannot be ruled out under such circumstances. The lessor shall not be liable for weather-related damage to the lessee's items in the sales stand.

8.3 The market hut is not burglar-proof. The Lessor is not liable for damage caused to the Lessee by willful damage by third parties or misuse.

9 Warranty
9.1 The Lessor shall make the rental object available to the Lessee without restriction during the rental periods agreed above. The Lessor does not guarantee that the rental object is suitable for the purpose intended by the Lessee. The Lessee must obtain all official permits that may be required and comply with the relevant laws and legal regulations, in particular if the stand is to be used for the sale and serving of food.

10 Duty to ensure public safety
10.1 The Lessee shall be responsible for ensuring the safety of its rental area in accordance with the statutory provisions. In this respect, the tenant shall indemnify the landlord against third-party claims.

11 Fire protection regulations
11.1 All general technical and official regulations, in particular those of the building inspectorate and fire police, must be observed.

11.2 The Lessor must be informed immediately in the event of a fire or explosion of any kind.

12 Exclusion of liability for the effects of third parties
12.1 External influences by third parties, e.g. traffic detour, excavations, road closures, noise, odor and dust nuisance, etc., do not justify any claims by the tenant - regardless of their extent - if the landlord is not responsible for such influences.

13 Termination
13.1 If the tenancy is for a fixed term, the contract can only be terminated if there is a reason for extraordinary termination. Such a reason exists if the Tenant is in arrears with the rent payment or with a not insignificant part of these payments.

13.2 A tacit extension of the contract within the meaning of §545 BGB is excluded, i.e. the mere continuation of use after the end of the contract does not constitute a continuation of the rental relationship.

Additional conditions for the sale of market huts, event furniture and other items manufactured by us

14 Retention of title
14.1 All delivered goods shall remain the property (reserved goods) of Fjord Hütten GmbH until all claims have been settled, regardless of the legal grounds, including contracts arising in the future or concluded at a later date.

15 Transfer of risk
15.1 The risk shall pass to the buyer when the goods are handed over to a forwarding agent or carrier, at the latest when the goods leave our company headquarters or the external warehouse.

16 Warranty
16.1 We shall be liable for defects, including the absence of warranted characteristics, as follows:

16.1.1 The time of handover to the forwarding agent or carrier (customer) shall be decisive for the contractual condition of the goods. The delivered goods must be inspected immediately. Defects - including the absence of warranted characteristics - must be reported in writing immediately after discovery. Obvious defects can only be notified within a period of three days after receipt of the goods.

16.1.2 In the event of justified, immediate notification of defects, we shall take back defective goods and services and deliver commercially available goods and services in their place. In the case of repair work, it must be agreed in writing who shall bear the costs of the repairs, services and deliveries.

16.1.3 If the Buyer does not immediately give us the opportunity to convince ourselves of the defect, in particular if he does not immediately make the rejected goods or sample available upon request, all claims for defects shall lapse.

16.1.4 In addition to the warranty claims regulated above, further claims are excluded; this applies in particular to claims for compensation for damage that has not occurred to the goods themselves (consequential damage)

17 Limitation of liability
17.1 Claims for damages against Fjord Hütten GmbH arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo and from tort are excluded. Insofar as we have not acted with intent or gross negligence (e.g. services that were demonstrably specified directly by the buyer for execution as they were then executed), we shall not assume any liability.

Distance Selling Act
Note: Since June 30, 2000, the Distance Selling Act applies to all sales of goods or services to private individuals for contracts by letter, telephone, fax, Internet or e-mail if the customer is not present in person. In particular, a private individual is to be granted more protection against unordered goods through a right of withdrawal and the private credit card holder is to be granted more protection against possible misuse of their data by third parties. The Distance Selling Act and the following information apply in addition to our General Terms and Conditions (GTC) for transactions with private individuals.

Instruction according to the Distance Selling Act ("FernAG")

Right of return

In accordance with the Distance Selling Act, consumers can return all items free of charge and without risk within 14 days of receipt without giving reasons. The purchase contract becomes invalid upon return. If it is not possible to return the goods by post, it is sufficient to send the return request on a durable medium within this period.
We shall bear the costs of the return shipment if the order value of the returned goods exceeds 40.00 euros. Payments already made will be refunded to the customer within 30 days of receipt of the return shipment or the return request. Goods made to customer specifications and special orders are excluded from the right of return. A return is also excluded on the grounds of the possible changes to market stalls, market huts etc. made of wood (warping, cracks, warping of the goods) described in our General Terms and Conditions. If the goods are culpably destroyed, damaged or diminished in value through use by the customer or a person attributable to him, the customer must reimburse the value of the goods or the diminished value.

Prices and shipping costs

Prices can be found in the respective offer description.

Data protection

You expressly agree to the storage, processing and use of the data provided to us during the ordering process for contractual purposes and on the basis of the data protection regulations.

Retention of title

The delivered goods remain our property until all claims against you have been settled in full.