Terms and Conditions of Sale and Delivery

1. Scope of application

The following terms and conditions of sale and delivery, which you (hereinafter referred to as the ‘customer’) recognise by placing an order, apply to the business relationship between the customer and the company DWS Outdoor GmbH & Co. KG, Heidestraße 90, D-25462 Rellingen (hereinafter referred to as ‘DWS Outdoor’). Customers can only be entrepreneurs, as well as municipalities, communities and companies and public law institutions. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity (§ 14 of the German Civil Code (BGB)).

2. Conclusion of contract

Offers from DWS Outdoor are non-binding and subject to alteration. A contract between DWS Outdoor and the customer is only concluded when DWS Outdoor has confirmed the customer’s order, in the case of expressly agreed dispatch of the goods at the latest by dispatch of the ordered goods to the customer.

The customer’s order is placed by telephone, fax, post or any other means of communication offered by DWS Outdoor. A contract is only concluded when DWS Outdoor declares acceptance of the contract with an e-mail (order confirmation or dispatch confirmation), but at the latest by dispatching the ordered goods to the customer. If DWS Outdoor does not issue a declaration of acceptance within 5 days of receiving the customer’s order, the customer’s offer has not been accepted.



The delivery to be provided by DWS Outdoor is subject to the reservation of complete and timely delivery to DWS Outdoor. If the ordered goods are no longer available and/or can only be procured with unreasonable effort, DWS Outdoor is entitled to withdraw from the contract. In this case, DWS Outdoor will immediately notify the customer of the unavailability and reimburse any payments received for the goods concerned. DWS Outdoor’s liability for intent or negligence in accordance with the liability regulations in accordance with section 9 of these GTC remains unaffected by this. A right of cancellation also exists if DWS Outdoor becomes aware of the objective lack of creditworthiness of the customer after conclusion of the contract and the payment claims of DWS Outdoor are thereby jeopardised. The contract language is German, unless otherwise agreed upon conclusion of the contract.

3. Delivery / Deviations / Delivery on demand

The delivery periods agreed when the order is placed shall apply. Delivery deadlines are only binding if they are designated as binding.

Delivery is agreed ‘ex works’, unless otherwise agreed. If delivery of the goods by DWS Outdoor is agreed, this only includes the one-off ‘curbside delivery’ of the goods, unless otherwise agreed in writing. Delivery will be made by DWS Outdoor itself and/or by a transport company to be selected by DWS Outdoor to the delivery address specified by the customer in the order, unless otherwise agreed. The customer shall ensure that the delivery can be carried out without hindrance due to circumstances for which the customer is responsible. If, for reasons for which DWS Outdoor is not responsible, multiple journeys are necessary on several dates, the expenses incurred beyond the one-off delivery will be invoiced separately in accordance with the agreed shipping fees.

DWS Outdoor is entitled to make partial deliveries for justified reasons, insofar as this is reasonable for the customer. Information provided by DWS Outdoor on the object of the service or delivery (e.g. illustrations, dimensions, weights or other data) are not guaranteed characteristics, but descriptions or labelling of the delivery or service. Customary deviations and deviations that represent technical improvements or are due to legal regulations and/or replacement by equivalent products are permitted, provided that the usability for the contractually intended purpose is not impaired. DWS Outdoor is authorised to commission subcontractors.




4. Transfer of risk

The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other person designated to carry out the shipment. If dispatch or handover is delayed at the customer’s request or as a result of circumstances for which the customer is responsible, the risk is transferred to the customer upon notification of readiness for dispatch.

If requested by the customer, transport insurance can be taken out by DWS Outdoor on the basis of a separate agreement; the customer shall bear the resulting costs.


5. Prices / Payment / Right of set-off and right of retention

The prices quoted by DWS Outdoor in offers are always net prices and do not include the applicable statutory value added tax. Unless otherwise agreed, the prices do not include packaging, freight, postage, customs duties, insurance and other shipping costs. Unless otherwise stated in the order confirmation, DWS Outdoor’s prices are ‘ex works’.




The payment options and modalities agreed upon conclusion of the contract shall apply, including any prepayment regulations. Unless otherwise agreed, payments shall be made without deduction immediately upon receipt of the invoice.

The customer shall only be entitled to set-off if their counterclaims are undisputed or have been legally established or are at least ready for judgement. Rights of retention can only be asserted on the basis of counterclaims arising from the same contractual relationship.

The customer agrees to an invoice sent electronically.

6. Warranty

Warranty claims of the customer require that the customer carefully inspects the goods immediately after delivery and notifies DWS Outdoor in writing of any defects immediately after receipt of the goods. The customer shall notify DWS Outdoor in writing of any hidden defects immediately after their discovery.


If the customer is entitled to claims due to a defect, DWS Outdoor is entitled, at its own discretion, to remedy the defect free of charge for the customer or to deliver defect-free goods as a replacement. If the subsequent fulfilment fails or is unreasonable for the customer or DWS Outdoor refuses the subsequent fulfilment, the customer is entitled to withdraw from the contract, to reduce the payment or to demand compensation instead of the service or reimbursement of his futile expenses. § 9 remains unaffected.

The warranty is excluded if the customer has made changes to the goods without the express prior written consent of DWS Outdoor, unless the customer can prove that the changes are not related to the material defect that has occurred and/or do not make it significantly more difficult to analyse the material defect.



Warranty claims expire within 12 months from the time of the transfer of risk, in the case of work services from acceptance. This does not apply in the case of delivery recourse in accordance with §§ 478, 479 of the German Civil Code (BGB) and/or if the corresponding defect was fraudulently concealed and/or if DWS Outdoor has assumed special guarantees in the form of a manufacturer’s warranty.

The above shortening of the limitation period also does not apply to claims for damages for which DWS Outdoor is liable in accordance with the provisions of Section 9 below.

7. Force majeure

Neither party shall be obliged to fulfil its contractual obligations in the event of and for the duration of force majeure. In particular, the following circumstances are to be regarded as force majeure in this sense:

Fire/explosion/flooding for which the contracting party is not responsible,

war, mutiny, blockade, embargo,

industrial action lasting more than 6 weeks and not culpably brought about by the party,

technical problems with the internet that cannot be influenced by one of the parties; this does not apply if and insofar as the provider also offers the telecommunication service.

Each contractual party shall inform the other party immediately in writing of the occurrence of a case of force majeure and its end.

8. Retention of title

DWS Outdoor retains ownership of the goods until all payments from the business relationship with the customer have been received. DWS Outdoor is entitled to take back the goods if the customer is in breach of contract, in particular in the event of late payment. The taking back of the goods by DWS Outdoor constitutes a cancellation of the contract. After taking back the goods, DWS Outdoor is authorised to sell them; the proceeds from the sale are to be offset against the customer’s liabilities – less reasonable selling costs.



The customer is obliged to treat the goods with care; in particular, they are obliged to insure them adequately at their own expense against fire, water damage and theft at replacement value. If maintenance and inspection work is required, the customer shall carry this out in good time at their own expense.

In the event of seizure or other interventions by third parties, the customer shall inform DWS Outdoor immediately in writing so that DWS Outdoor can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). If the third party is not in a position to reimburse DWS Outdoor for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by DWS Outdoor.

The customer is entitled to resell the goods in the ordinary course of business; however, they hereby assign to DWS Outdoor all claims in the amount of the final invoice amount (including VAT) of the claim of DWS Outdoor, which accrue to them from the resale against their customers or third parties, regardless of whether the goods have been resold without or after processing. The customer remains authorised to collect this claim even after the assignment. The authorisation of DWS Outdoor to collect the claim itself remains unaffected by this. However, DWS Outdoor undertakes not to collect the claim as long as the customer fulfils their payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed and payments have not been suspended. However, if this is the case, DWS Outdoor may demand that the customer informs DWS Outdoor of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

The processing or transformation of the goods by the customer is always carried out for DWS Outdoor. If the goods are processed with other items not belonging to DWS Outdoor, DWS Outdoor acquires co-ownership of the new item in the ratio of the value of the goods (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the item created by processing as to the goods delivered under reservation of title.



If the goods are inseparably mixed with other items not belonging to DWS Outdoor, DWS Outdoor acquires co-ownership of the new item in the ratio of the value of the goods (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer shall transfer proportionate co-ownership to DWS Outdoor. The customer shall keep the resulting sole ownership or co-ownership for DWS Outdoor.

DWS Outdoor undertakes to release the securities to which DWS Outdoor is entitled at the customer’s request to the extent that the achievable value of the securities exceeds the claims to be secured by more than 10%; DWS Outdoor is responsible for selecting the securities to be released.


9. Liability

DWS Outdoor is liable without limitation for damages caused by DWS Outdoor, its employees and vicarious agents intentionally or through gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a quality guarantee and for damages resulting from injury to life, limb or health.

DWS Outdoor is only liable for other damages if an obligation is violated, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal duty) and if the damages are typical and foreseeable due to the contractual use of the services. Any liability under the Product Liability Act remains unaffected.

Any liability of DWS Outdoor beyond the above is excluded.


10. Product characteristics

Our products consist of approx. 60 % wood fibre/wood flour. Wood is a natural material and the buyer must take its natural properties and use into account when purchasing. Slight colour deviations may therefore occur despite consistent processing and the addition of colourants. This does not constitute grounds for complaint.

Minor deviations in shape, colour and dimensions do not entitle the buyer to make complaints.

Storage instructions as well as care and processing instructions must be strictly observed

The buyer must seek professional advice if necessary.

The properties of our products are based on the respective technical specifications and the applicable assembly instructions


11. Final provisions

DWS Outdoor does not recognise any general terms and conditions of business or contract of the customer that conflict with or deviate from these General Terms and Conditions of Sale and Delivery, unless their validity is expressly agreed to in writing. These General Terms and Conditions of Sale and Delivery also apply if DWS Outdoor carries out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from these Terms and Conditions of Sale and Delivery.

In commercial transactions, the parties agree that the exclusive place of jurisdiction for all disputes arising in connection with the fulfilment of this contract is the registered office of DWS Outdoor.

The business relationship and all resulting legal issues are subject exclusively to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.