General Terms and Conditions (GTC)

Version 1.0 – Effective as of: June 01, 2026

Park and Stadtmöbel by Marks Software GmbH
Brock 6, 29683 Bad Fallingbostel, Germany
Registered at Amtsgericht Walsrode • HRB 207013
VAT-ID: DE315790961
Managing Director: Lukas Siegmund Marks

1. General Provisions and Scope

1.1. These General Terms and Conditions apply to all contracts, orders, deliveries and services of Park and Stadtmöbel by Marks Software GmbH (hereinafter “PUS”) with consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).

1.2. PUS is the official authorized B2B Distributor of HAGS GmbH for commercial and private customers in Germany and Europe. Sales to schools and public authorities are explicitly excluded.

1.3. Any deviating or conflicting general terms and conditions of the customer shall not become part of the contract unless PUS has expressly agreed to their validity in writing.

2. Offer and Conclusion of Contract

2.1. All offers, catalogues, product descriptions and prices on the website are non-binding and subject to change without notice.

2.2. By placing an order (via online shop, email, telephone or otherwise), the customer submits a binding contractual offer. The contract is concluded only upon PUS’s explicit order confirmation or by delivery of the goods.

2.3. PUS reserves the right to reject orders without stating reasons.

3. Prices, Discounts and Payment Terms

3.1. All prices are quoted net, excluding the statutory value-added tax (VAT). For business customers, net prices apply.

3.2. Discounts and Special Conditions

1. New Customer Discount: 5% on the net order value of the first order.
2. 3% Early Payment Discount: for payment within 10 days of the invoice date (not combinable with other discounts unless explicitly stated on the invoice).
3. 5% Early Payment Discount: for payment within 3 days of the invoice date (not combinable with other discounts unless explicitly stated on the invoice).
4. Volume and Immediate Payment Discounts according to the following table:

* Discounts are not cumulative. The highest applicable discount shall apply in each case. PUS reserves the right to adjust or limit discounts on a case-by-case basis.

3.3. Invoices are payable within 10 days of the invoice date without deduction, unless otherwise agreed. For payments made within 10 or 3 days, PUS grants a 3% or 5% early payment discount (see 3.2).

3.4. Accepted payment methods: prepayment, invoice (subject to positive credit check), SEPA direct debit, Bitcoin (on-chain), as well as credit card and crypto payments via Stripe.

3.5. In the event of late payment, PUS is entitled to charge default interest at a rate of 9 percentage points above the base interest rate as well as a reminder fee of €40.00.

4. Delivery, Shipping and Transfer of Risk

4.1. Delivery times are non-binding unless expressly agreed otherwise in writing.

4.2. Free shipping within Germany (mainland) for orders with a net value of 5,000.00 € or more. For smaller orders, the shipping costs stated on the “Our Shipping Costs” page apply.

4.3. The risk of accidental loss or deterioration of the goods passes to the customer upon handover to the carrier or freight forwarder (shipment purchase).

4.4. Partial deliveries are permitted provided they are reasonable for the customer.

5. Retention of Title

The delivered goods remain the property of PUS until full payment of all claims arising from the business relationship. In the event of resale, the customer hereby assigns all resulting claims to PUS in advance.

6. Warranty and Liability for Defects

6.1. For consumers, the statutory warranty period is two years. For entrepreneurs, the warranty period is one year from the transfer of risk.

6.2. Obvious defects must be reported in writing immediately, but no later than 8 working days after receipt of the goods.

6.3. In the case of justified defects, PUS shall, at its discretion, provide subsequent performance by repair or replacement delivery. Should subsequent performance fail, the customer may demand a reduction in price or withdraw from the contract.

6.4. HAGS products are subject to the manufacturer’s warranty conditions (usually 10–25 years on construction and material).

7. Liability

7.1. PUS is liable without limitation for intent, gross negligence, personal injury and under the Product Liability Act.

7.2. In the case of slight negligence, liability is limited to the typical, foreseeable damage under the contract.

7.3. Liability for lost profits, indirect damages and consequential damages is excluded to the extent permitted by law.

8. Right of Withdrawal (Consumers only)

Consumers have a statutory right of withdrawal of 14 days. Entrepreneurs, freelancers and legal entities under public law are not entitled to a right of withdrawal.

The full cancellation policy can be found here.

9. Data Protection

PUS processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR). For details, please refer to our Privacy Policy.

10. Jurisdiction and Applicable Law

10.1. For contracts with entrepreneurs, legal entities under public law and special funds under public law, the exclusive place of jurisdiction is Bad Fallingbostel.

10.2. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11. Severability Clause

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.