General Terms and Conditions (GTC)

Last updated: 25 August 2026

1. Provider and Scope of Application

These General Terms and Conditions apply to contracts for goods and services between

LINNEXT GmbH
Trading name: Tender Rest
Sandbergstraße 111A
51143 Cologne
Germany
Phone: +49 175 2233492
Email: info@tender-rest.com

– hereinafter referred to as the “Seller” – and its customers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the course of their trade, business or self-employed professional activity.

With respect to entrepreneurs, any deviating or supplementary terms and conditions of the customer shall apply only if the Seller has expressly agreed to their applicability.

2. Presentation on the Website and Conclusion of Contract

The presentation of products, price ranges and price indications on the website does not constitute a binding offer to conclude a purchase contract.

No immediately binding order can be placed via the website. By submitting an enquiry by email, WhatsApp or via another contact option, the customer merely makes a non-binding request for information or for the preparation of an offer.

An automatic or other confirmation of receipt of an enquiry does not constitute acceptance of the enquiry or a binding offer by the Seller.

The Seller will subsequently provide the customer with an individual offer. A contract is concluded only when the customer accepts this offer within the period specified therein. Any changes or additions made by the customer to the offer shall be deemed a new offer and require the Seller’s express confirmation.

These GTC will be provided to the customer together with the offer or before acceptance of the offer in a form that can be saved.

3. Subject Matter of the Contract and Technical Information

The individual offer, including any drawings, specifications and attachments expressly incorporated therein, shall be decisive for the type, design, characteristics and scope of the goods or services owed.

Images, product descriptions, technical data and other information on the website are provided for general information purposes. Technically necessary and reasonable deviations shall remain permissible, provided that they do not impair the agreed use or the essential characteristics of the product.

The customer is responsible for providing complete and accurate dimensions, information and operating conditions required for any individual design or adaptation.

The Seller’s instructions and specifications regarding selection, load, installation, adjustment, use and maintenance of the products must be observed. In particular, the supplied operating and installation instructions as well as product-specific technical and safety-related information shall apply.

4. Prices and Shipping Costs

Only the prices stated in the individual offer shall apply.

For consumers, total prices are stated inclusive of the applicable statutory value added tax. Any additional delivery, shipping, packaging, customs or other costs will be stated separately in the offer or determined in accordance with the calculation method described therein.

For entrepreneurs, prices are stated exclusive of statutory value added tax unless otherwise specified in the offer. In the case of cross-border deliveries, the treatment of value added tax shall be governed by the applicable statutory provisions.

Price ranges and price indications shown on the website are non-binding. The final price is determined exclusively by the individual offer.

5. Payment

The method of payment, payment terms and any agreed advance payments are set out in the individual offer or invoice.

The customer shall be deemed in default in accordance with the applicable statutory provisions.

The Seller is entitled to commence the manufacture of individually produced products only after receipt of an agreed advance payment.

6. Delivery and Delivery Time

The method of delivery, place of delivery and expected delivery time are set out in the individual offer.

A delivery period shall be binding only if it is expressly designated as binding in the offer. In the event of subsequent change requests by the customer, an agreed delivery period shall be extended appropriately to the extent that the requested changes affect production or delivery.

If performance is temporarily impossible due to an event beyond the Seller’s control that was not foreseeable at the time the contract was concluded, the delivery time shall be extended by the duration of the impediment plus a reasonable start-up period.

The Seller shall inform the customer without undue delay of any material delay. The statutory rights of both parties, in particular in the event of permanent impossibility of performance or unreasonable delay, shall remain unaffected.

7. Transfer of Risk

For consumers, the risk of accidental loss or accidental deterioration generally passes only upon delivery of the goods to the consumer or to a recipient designated by the consumer. Any statutory exceptions shall remain unaffected.

For entrepreneurs, the risk passes to the customer upon handover of the goods to the freight forwarder, carrier or other third party designated for shipment, unless otherwise agreed in the offer.

8. Retention of Title

The delivered goods shall remain the property of the Seller until the agreed purchase price has been paid in full.

9. Installation and Intended Use

Installation, adjustment, use, loading and maintenance of the products must be carried out in accordance with the supplied operating and installation instructions as well as the product-specific safety instructions.

In particular, the specified load limits, installation positions, centre-of-gravity positions and other technical requirements must be observed.

Before installation, it must in particular be checked whether the intended installation location is suitable and sufficiently load-bearing for the product. Any work required on a bathing platform, yacht deck or other components must be carried out professionally and correctly.

Damage caused exclusively by improper installation, failure to observe the instructions or technical requirements, overloading, improper use, unauthorised modifications or lack of maintenance shall not give rise to warranty claims.

The customer’s statutory rights in respect of defects already existing at the time the risk passes shall remain unaffected.

10. Rights in the Event of Defects

The statutory rights in the event of defects shall apply.

Consumers are requested to report externally visible transport damage to the carrier as soon as possible and to inform the Seller. Failure to make such a report shall have no effect on the consumer’s statutory rights.

If the customer is a merchant, the statutory duties to inspect and give notice of defects shall apply additionally, in particular Section 377 of the German Commercial Code (HGB).

Any additional guarantee shall exist only if it has been expressly declared in writing as a guarantee. Statutory rights in the event of defects shall not be restricted by any such guarantee.

11. Liability

The Seller shall have unlimited liability

• in cases of intent and gross negligence,
• in the event of culpable injury to life, limb or health,
• under the provisions of the German Product Liability Act,
• to the extent of any guarantee expressly assumed, and
• in all other cases of mandatory statutory liability.

In the event of a slightly negligent breach of a material contractual obligation, the Seller’s liability shall be limited to the typical, foreseeable damage at the time the contract was concluded.

Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

In all other respects, liability for damage caused by slight negligence is excluded.

The above liability provisions shall apply accordingly to the Seller’s legal representatives, employees and vicarious agents.

12. Right of Withdrawal and Custom-Made Goods

Consumers generally have a statutory right of withdrawal in the case of distance contracts.

Details are set out in the separate information on the right of withdrawal, which will be provided to the consumer in good time before the consumer submits a binding contractual declaration.

In particular, the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs, provided that the statutory requirements for such exclusion are met.

The mere selection of an offered standard variant, colour or customary design does not automatically result in the exclusion of the right of withdrawal.

13. Copyright and Rights of Use

Drawings, technical documents, images, calculations and other content provided by the Seller remain protected by copyright and, where applicable, by industrial property rights.

Any reproduction, modification or disclosure for purposes other than those intended under the contract requires the Seller’s prior consent.

14. Applicable Law and Place of Jurisdiction

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, Cologne shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship, to the extent permitted by law.

15. Final Provisions

If individual provisions of these GTC are or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

The statutory provisions shall apply in place of the invalid provision.