General Terms and Conditions

Application of the Conditions

The following terms govern the business relationships between beconart and its clients. They also include the websites, companies, and brands under our management, together with their content, including displayed offers and orders. Contracts are concluded exclusively in accordance with our terms of order, delivery, and payment. The customer’s purchasing conditions are expressly rejected unless they are accepted in writing in individual cases. Silence on the part of beconart regarding transmitted contractual or purchasing conditions shall not be deemed acceptance. Contractual and purchasing conditions are binding only if confirmed by us in writing. Deviating or supplementary agreements, as well as telephone or verbal agreements, are binding only if confirmed by us in writing. We are entitled to involve other qualified companies directly subordinate to us, independent artists and freelancers, specialized companies, etc., for the performance and fulfillment of the assumed contractual obligations (construction services by subcontractors).

Offers

Our offers are always subject to change, non-binding, and based on these General Terms and Conditions. Deviating agreements are valid only if they are expressly and clearly stated in writing in the offer and confirmed by us in writing, by fax, or by email. Verbal ancillary agreements are not permitted. We assume no liability for the accuracy of technical data and other information contained in price lists, communications, catalogs, and other printed materials or brochures of manufacturers. We reserve the right to make technical changes. Any deviations shall not give rise to claims, provided they are reasonable for the customer.

Conclusion of Contract and Contract Content

The scope of services provided by beconart, the remuneration payable by the customer, and other conditions shall be set out in an individual contract, work contract, or framework agreement between beconart and the customer. The contract is deemed concluded when the customer submits a signed copy of the contract or order (in individual cases also by email or fax) and beconart performs the service and/or delivers the materials. All orders placed with beconart are binding only after our written confirmation or the commencement of work. By placing an order or receiving written confirmation, the customer acknowledges these terms and conditions. These terms are expressly referenced in the relevant documents and are available online at https://proopsis.com/impressum-datenschutz/. A printed or digital version can be provided upon request.

Execution / Execution Periods

If the execution of services by beconart is delayed due to unforeseen circumstances beyond our control, such as weather conditions, air or material temperatures below 5°C, painting work at temperatures below 12°C, rain during outdoor work, construction site closures due to regulations, or force majeure, the agreed execution period shall be extended accordingly. Any periods of inactivity, interruptions, or delays not attributable to us shall be compensated by the customer, in accordance with the service contract, at 80% of the amount due per employee, plus additional costs such as travel expenses. The customer must prove any lesser damage.

Acceptance

More extensive work is generally discussed weekly with the customer on site or by telephone and recorded in writing. For projects with a duration of more than four weeks, partial progress is recorded in written inspection reports. Upon completion of the work, acceptance may take place in person on site or by written notification of completion. Acceptance is also carried out in accordance with the applicable legal provisions, such as the German Civil Code (BGB) or the VOB regulations.

Claims, Defects, and Liability

Claims due to incomplete or incorrect execution or visible defects must be reported in writing immediately, no later than eight days after execution. Other defects must be reported in writing as soon as they are discovered. If claims or defects are not reported in a timely manner, the service rendered shall be deemed accepted and further claims shall be excluded. In the event of a dispute regarding a defect, beconart must be given the opportunity to inspect the service complained of and to remedy the defects by repair. If the customer carries out repairs without the consent of beconart, all warranty and claim rights shall lapse.

Conditions for the Delivery of Materials

Materials are delivered after receipt of the written order and in accordance with the applicable logistics conditions. The technical data and safety instructions contained in the technical data sheets must be observed during the processing of the materials. The return of delivered goods is excluded. If materials are shipped at the customer’s request to the customer or to a delivery address at the construction site, the risk of accidental loss or deterioration of the materials shall pass to the customer at the time of dispatch.

Prices and Payment Conditions

All prices are exclusive of the applicable value-added tax or are subject to the reverse charge mechanism in accordance with Section 13b of the German VAT Act (UStG). Payments must be made within the agreed period after invoicing. Our standard payment terms are five calendar days from the invoice date. The right to claim compensation for default is reserved.

Advance Payments / Partial Payments

For new customers, we may require advance payments of up to the full contract amount upon order confirmation. Delivery or execution of services shall take place only after receipt of the advance payment.

Withdrawal

If the customer withdraws from the contract without justified cause or if the contract cannot be performed for reasons attributable to the customer, beconart is entitled to claim compensation amounting to 25% of the net contract value, irrespective of proof of greater damage.

Credit Check

beconart is entitled to obtain information on the creditworthiness of the contracting party from a commercial credit agency, in particular prior to the conclusion of the contract, and to transmit the necessary personal data to such an agency.

Jurisdiction

The exclusive place of jurisdiction and place of performance for all legal disputes arising directly or indirectly from the contractual relationship is the registered office of proopsis in paphos, Cyprus.

Final Provisions

The law of the Cyprus shall apply exclusively. Deviating agreements must be made in writing to be valid. Email does not satisfy the requirement for written form. Should any provision of these General Terms and Conditions be invalid, the validity of the remainin provisions shall remain unaffected.