Terms and conditions for cooperation with Fuchs Messebau
Last Updated: June 22, 2025
1.1 These General Terms and Conditions (hereinafter referred to as "T&Cs") apply to all contracts between Fuchs Messebau Inh. Cengiz Sinan Dogan, Jakob-Kaiser-Straße 6a, 59348 Lüdinghausen (hereinafter referred to as "Fuchs Messebau" or "we") and our customers (hereinafter referred to as "Customer" or "you").
1.2 These T&Cs apply exclusively. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and insofar as we have expressly agreed to their validity in writing.
1.3 These T&Cs apply to both consumers and businesses, unless specified otherwise in the respective clause is made.
2.1 The presentation of our services on our website does not constitute a binding offer, but rather a non-binding invitation for the customer to contact us.
2.2 The order or order confirmation signed by the customer is a binding offer. We may accept this offer within two weeks by sending a written order confirmation or by performing the service.
2.3 The prices stated in our offers and order confirmations are binding. If the costs required for the provision of services change significantly after the conclusion of the contract, we are entitled to request an appropriate adjustment of the agreed prices, provided that the price change can be traced back to unforeseeable circumstances after the conclusion of the contract.
3.1 The scope of the services to be provided by us is determined by the respective contract, the order confirmation, or by separate written agreements.
3.2 We are entitled to make changes to the agreed service to the extent that these are necessary for the contractual performance of the service and are reasonable for the customer. Such changes will be communicated to the customer without delay.
3.3 All service dates and deadlines are non-binding, unless they have been explicitly agreed as binding. In the event of delays due to force majeure or other unforeseeable events for which we are not responsible, the deadlines will be extended accordingly.
4.1 The exhibition stands and structures created by us are built according to the agreed dimensions and specifications. Minor deviations in measurements and colors are permissible, provided they are reasonable for the customer and do not impair the intended use.
4.2 For rental items, Fuchs Messebau remains the owner of all rented items. The customer is obligated to treat the rental items with care and to protect them against theft, damage, and weather influences.
4.3 The return of rental items must be in the condition in which they were received, with the exception of normal wear and tear. The customer is fully liable for damage, loss, or excessive wear and tear.
4.4 We guarantee the structural integrity and stability of our stand constructions, provided that the installation is carried out by our specialist personnel and no unauthorized changes are made.
5.1 The rental period for furniture and equipment items begins with delivery and ends with the agreed collection.
5.2 The handover and return of rental items are documented in a protocol. The customer is obligated to check the rental items for completeness and freedom from defects upon receipt and to report any complaints immediately.
5.3 The customer is fully liable for damage, soiling, and loss of rental items. This also applies to damage caused by third parties, visitors, or force majeure.
5.4 Subletting or passing on rental items to third parties is not permitted without our express written consent.
6.1 Unless otherwise agreed, our invoices are payable without deduction within 14 days of invoicing.
6.2 For orders with a total value of more than 5,000.00 Euros, the following payments must be made:
6.3 In case of late payment, we are entitled to charge default interest at the statutory rate. We reserve the right to assert further damages caused by the delay.
6.4 The customer shall only be entitled to offset payments if their counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
7.1 The warranty for defects is governed by the statutory provisions, unless otherwise specified below.
7.2 The customer is obligated to inspect the provided service immediately after delivery and to report any visible defects in writing without delay. Hidden defects must be reported in writing immediately after their discovery.
7.3 In case of defects, we are entitled, at our discretion, to rectify the defect or provide a replacement. Only if the rectification or replacement fails may the customer assert further statutory warranty rights.
7.4 The warranty period is one year for businesses and two years for consumers from the delivery of the service, unless the claims relate to a defect consisting in a third-party right in rem or claims arising from the Product Liability Act.
8.1 We have unlimited liability for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty on our part or on an intentional or negligent breach of duty by our legal representatives or agents.
8.2 We are also liable for other damages based on an intentional or grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty by our legal representatives or agents.
8.3 In cases of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or agents.
8.4 Any further liability is excluded regardless of the legal nature of the claim asserted. This applies in particular to claims arising from culpability at the conclusion of the contract, due to other breaches of duty, or due to tortious claims for compensation for property damage.
8.5 The customer is solely responsible for compliance with all legal and regulatory requirements applicable to the implementation of their event, as well as for obtaining necessary permits. We are not liable for damages arising from non-compliance with such provisions.
9.1 If the customer terminates the contract for reasons for which we are not responsible, or if they cancel the order, we are entitled to calculate the following lump sum compensation:
9.2 The customer reserves the right to prove that we have incurred less damage or no damage at all. We reserve the right to prove that greater damage has been incurred.
9.3 The right to extraordinary termination for good cause remains unaffected for both parties.
10.1 For purchased items, we reserve ownership of the delivered item until complete payment of all claims arising from the delivery contract.
10.2 We reserve all property rights and copyrights to all designs, drawings, calculations, and other documents created by us. These documents may not be made accessible to third parties or used for other purposes without our express written consent.
10.3 If objects are produced by the customer or by third parties on their behalf according to our designs or other specifications, this requires our prior written consent. In any case, we are entitled to a reasonable license fee.
11.1 If you are a consumer, you have a statutory right of withdrawal for contracts concluded outside business premises and for distance contracts.
11.2 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 the conclusion of the contract.
11.3 To exercise your right of withdrawal, you must inform us (Fuchs Messebau, Jakob-Kaiser-Straße 6a, 59348 Lüdinghausen, Germany, Phone: +49 (0)163 891 8702, Email: [email protected]) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract.
11.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
11.5 The right of withdrawal expires for a service contract when the service has been fully performed and performance of the service has begun only after you have given your express consent and simultaneously confirmed your knowledge that you lose your right of withdrawal once the contract has been fully performed by us.
12.1 We collect, process, and use personal data of our customers only to the extent necessary for the establishment, content design, or modification of the legal relationship (inventory data) or for the provision of our services.
12.2 Detailed information on the type, scope, and purpose of the collection, processing, and use of personal data can be found in our Privacy Policy.
13.1 The place of performance and exclusive jurisdiction for all disputes arising from and in connection with this contract is our place of business, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.
13.2 The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.3 Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a substitute provision that comes as close as possible to the purpose intended by the invalid provision.
13.4 Changes and amendments to this contract must be made in writing. This also applies to the amendment of this written form clause.
Last Updated: June 22, 2025