Terms and Conditions (T&C)

Effective: From 01.01.2026

Your contractual partner is Habermaass GmbH & Co. KG (HABA) as a member of the Habermaass group of companies.

Habermaass GmbH & Co. KG, Bad Rodach, Germany, Local Court Coburg, HR A 5220

General partner: Habermaass Administration GmbH, Bad Rodach, Local Court Coburg, HR B 4746

Managing Director: Dr. Mario Wilhelm

Mailing address in Germany: August-Grosch-Straße 28-38, D-96476 Bad Rodach

Mailing address in Austria: Businesscenter 270, 4000 Allhaming, Austria

E-mail address: service@haba.de

Customer service phone: + 49 9564 929 60113 (for Germany)

Customer service phone: +49 9564 929 60113 (for Austria)

Customer service HABA overseas business: export@haba.de, Tel. + 49 9564 929 2412

Customer service Wehrfritz furniture range for customers in Germany and Austria: kontakt@wehrfritz.com, Tel. + 49 9564 929 60013

VAT ID No. DE 815 831 282

WEEE Reg. No.: DE 51463378

APPLICABILITY, DELIVERY AREA AND CUSTOMERS

These General Terms and Conditions apply to offers, orders, commissions, order confirmations and other contract conclusions from 01.01.2026, but no earlier than the publication date, concerning the sale and delivery of goods of Habermaass GmbH & Co. KG from its assortment, in particular toys and games, furniture, gym and play equipment and outdoor play equipment of own and third-party manufacture to our customers with delivery and billing addresses in Germany, Austria, the EU, Switzerland and worldwide. Customers in Germany and Austria are asked to order furniture, gym and play equipment as well as outdoor play equipment exclusively via our sales department kontakt@wehrfritz.com. Deviating, conflicting or supplementary customer terms and conditions only apply with our express consent; they are not incorporated, even if we did not object. Individual agreements take precedence. Our offer is not directed at consumers but at entrepreneurs, e.g. in retail, wholesale, markets and department stores, in event or trade fair business or in online commerce (platforms, marketplaces) and at private-commercial entrepreneurs who equip daycare centers (KiTA, KiGA), schools, hospitals or other institutions for people with and without disabilities.

OFFER, ORDER, ORDER CONFIRMATION, CONCLUSION OF CONTRACT

Product presentation is a non-binding invitation to order goods from us. Your order is a binding offer. The order is accepted by our order confirmation sent to you, in the context of another contract conclusion or by delivery of the goods. This concludes the sales contract. As a non-consumer, the customer has no statutory consumer right of withdrawal and no voluntary right of return beyond warranty or liability. Our illustrations show the goods as they currently are. Subject to errors. Decorative materials shown are not part of the goods. For set orders, the composition may vary insignificantly at the supplier's discretion. Certificates and test labels correspond to the status at the time of issue.

PRICES, PAYMENT TERMS AND SET-OFF

Prices are subject to change. The applicable VAT is added. Price errors reserved. The prices stated in the offer, order confirmation or in any other contract conclusion apply. Shipping costs and duties to be borne by the customer are not included in the prices. Price reductions do not apply to goods subject to fixed book prices. We deliver against advance payment, unless — after credit check and within a credit limit granted by us — delivery on account or advance payment/deposit on the corresponding invoice has been agreed. Payment by direct debit, credit card, PayPal or PayPal Express requires our separate confirmation. Our invoices, which can also be sent electronically as can reminders, are payable within 30 days of invoicing without deduction, unless otherwise agreed. We may invoice partial deliveries at the agreed proportional price or remuneration. In corresponding application of § 632a BGB, we may request and demand progress payments equivalent to the value of the deliveries and services performed and owed, as shown in the delivery notes and the order you have. The progress payment does not constitute delivery or a waiver of defect complaints. With the progress payment, ownership of the delivered goods passes to the customer. For a reminder we may charge a flat compensation of up to €10.00. The customer may prove that no or lesser damage has occurred. The customer only has set-off and retention rights if his counterclaims arise from the same delivery relationship and are legally established, undisputed or acknowledged by us. Persons employed by us for the delivery are not authorized to receive money.

DELIVERY CONDITIONS

Deliveries are made partially disassembled and partly assembled. Deliveries will be shipped together where possible. Depending on availability, we may also make partial deliveries. No additional shipping costs will be charged for these. Goods shipped by forwarding agent and parcel service are delivered separately. Delivery days are working days excluding Saturdays. The delivery period begins, in the case of advance payment, prepayment or deposit, on the day after payment and, in the case of delivery on account, on the day after conclusion of the contract. If delivery periods are agreed, we are not in default as long as performance is prevented due to a circumstance for which we are not responsible. Such circumstances include in particular strikes, official measures and force majeure. Delivery periods are extended by the duration of the delay. The same applies if the customer fails to fulfill any cooperation obligations. We must inform the customer of these circumstances without delay and communicate the expected or new delivery period. If a delayed delivery cannot be made within the newly announced delivery period due to non-availability of the service, we are entitled to withdraw from the contract in whole or in part; any payment already made by the buyer will be refunded by us without delay. If we do not meet an agreed delivery period, the customer must set us a reasonable grace period, which generally must not be less than two weeks. Only then can the customer assert claims for expenses or damages or other rights. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the contract. In the event of a withdrawal, we will promptly refund the customer's payments made to us. If delivery is not possible despite appropriate notice of the delivery time due to circumstances on the customer’s or construction site’s side for which we are not responsible, e.g. because the delivery access or rooms are not clear and suitable or because no person authorized to accept delivery is available, the customer shall bear the costs incurred thereby, e.g. for travel to and from, storage costs and labor costs.

SHIPPING AND SHIPPING COSTS

We deliver to the agreed delivery address. Deliveries within Germany and Austria We deliver toys, games and other goods from the HABA range free of charge from a net goods value of €250.00. Freight-free means DAP, Incoterms 2020, ready for unloading but not unloaded. Any freight and packaging costs incurred will be charged depending on the amount of the net goods value.

Subsequent deliveries for which we are responsible are delivered free of shipping charges. Import duties or import charges must be paid by the customer in addition.

Deliveries to the EU or to other foreign countries, in particular overseas business by ship or aircraft Deliveries from the HABA range and the Wehrfritz furniture range are made FCA factory Bad Rodach, Incoterms 2020. Such deliveries by ship or aircraft (overseas business) are made FOB, port of shipment Germany or FCA, airport Germany. Import duties or import charges must be paid by the customer in addition. For furniture deliveries to the EU or for overseas deliveries, a freight contribution of 8% of the net goods value charged. The minimum order value for goods from the HABA range to the EU is €500.00 net, to other foreign countries, in particular overseas, €2,000.00 net. For FOB furniture deliveries the minimum order value €2,500.00 net.

For all deliveries The above conditions for shipping and shipping costs apply, unless otherwise agreed in the offer, order confirmation or other contract conclusion. Deviating or additional freight costs, including for deliveries to an island or remote locations, will be shown separately in the offer, order confirmation and invoice for each affected item. Transport is carried out by logistics service providers.

TRANSFER OF RISK AND INSURANCE

The goods are handed over at the agreed place of delivery as the place of performance or, in the case of delivery ex works, upon collection. With handover, the risk of accidental loss and accidental deterioration passes to the buyer. The buyer must insure against this at his own expense. Handover is equivalent if the buyer is in default of acceptance.

WARRANTY/LIABILITY FOR DEFECTS

Except for the following provisions, the statutory liability for material defects applies. Claims for material defects expire in two years, for used goods in one year from delivery of the goods. The customer may demand subsequent performance within a reasonable period. The period is reasonable in any case if it is not less than two weeks. We have the choice whether to carry out subsequent performance by remedying the defect or by delivering a defect-free item. However, if the defect was fraudulently concealed or a guarantee exists, the customer has this choice. A repair is only considered to have failed after the second unsuccessful attempt. A right to reduction or withdrawal from the contract exists only after unsuccessful subsequent performance.

A claim for damages, reimbursement of futile expenses and for withdrawal exists only if the defect was fraudulently concealed, a guarantee exists, or liability for damages resulting from injury to life, body or health is present, or in the case of other damages the liability is based on gross negligence, i.e. on a grossly negligent or intentional breach of duty. Compensation for damages due to slight negligence or compensation for financial losses and lost profits is excluded in any case. The customer must inspect the goods immediately after delivery and, if an obvious defect or damage is found, notify us without delay. If damage to the packaging is detected (suspected transport damage), the customer must have the damage certified by the carrier upon acceptance of the goods. Without this certificate, carriers regularly do not provide compensation for damages. If a defect not obvious at the time becomes apparent later, the notification must be made immediately after discovery. If the notification is omitted, the goods are deemed approved. Timely sending of this notification is sufficient. We consider the notification to be immediate if it is sent within five business days from recognition of the defect. Please attach a copy of the delivery documents and photographic material of the defect. Late defect notifications cannot be considered. If the complaint was unjustified and the item was free of defects and faults, HABA is entitled to charge the customer a processing fee of €40, in particular for shipping and inspection costs. The customer retains the right to prove a lower damage. In this case the customer must pay the return and shipping costs. Items bought as a set can only be returned as the complete set, not only parts of the set.

LIABILITY FOR OTHER BREACHES OF DUTY AND OTHER LIABILITY

A claim for damages for other breaches of duty that do not relate to a defect or a guarantee exists only if there is liability for damages resulting from injury to life, body or health, or if the breach of duty in other damages is based on gross negligence, i.e. on gross negligence or intent. Compensation for damages, reimbursement of wasted expenses or withdrawal for slight negligence or compensation for financial losses and lost profits is excluded. Exclusions or limitations of liability do not apply to our obligation to compensate as manufacturer under the Product Liability Act or when liability cannot be excluded or limited under mandatory laws.

RESERVATION OF TITLE

We reserve title to the delivered goods until full payment of all the customer's liabilities arising from the supply contract and as an extended reservation of title from the business relationship. The customer is obliged, as long as ownership has not yet passed to him, to handle the goods with care, in particular also insofar as they are stored in an intermediate warehouse. In particular, the customer is obliged, from the transfer of risk, to insure the goods at his own expense against theft, fire and water damage to their new value and to prove this on request by submitting the insurance policies showing the respective storage location. The customer is entitled to resell the reserved goods. The extended reservation of title applies. The customer's claims against the buyer/end customer from the resale of the reserved goods are hereby assigned by the customer to us to the amount of the agreed invoice final amount (including any VAT).

COPYRIGHT, PROPERTY AND TRADE SECRET PROTECTION

Trademarks, other protective rights and contents, representations and, insofar as we provide the customer with representations in planning, design and furnishing such as drawings, plans, maps, sketches, tables and three-dimensional representations, data and other information, are subject to protection of property and copyright and the protection of the Trade Secrets Act. These may only be used for the project and/or when required by authorities and may not be disclosed to competitors or other third parties. By receiving and using them, the customer acknowledges this.

MISCELLANEOUS PROVISIONS

German law applies to the GTC and the supply relationship, subject to mandatory international private law, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Coburg. For declarations, including withdrawal or termination, the legally agreed written form here or the qualified or simple electronic signature or the text form without a handwritten signature applies. The text form does not apply to framework contract conclusions. Documents may be delivered by telecommunication transmission via e-mail or other electronic data exchange. The law applies to the legal consequences of invalidity and non-inclusion of the GTC.

MANUFACTURER'S WARRANTY

If a warranty is indicated for the goods, this applies in addition to liability for material defects, depending on the specification, for a period of up to 10 years from handover or acceptance. | We guarantee that the goods are free from material and workmanship defects according to industry standards for industrially manufactured furniture. | Excluded from the warranty are product-typical, natural or normal signs of wear, damage from pointed, sharp-edged, hot or wet objects, swelling damage from standing moisture, damage from chemicals, intentional or negligent damage or destruction or improper handling, e.g. by unsuitable cleaning agents. | For outdoor play equipment the following warranty applies: For a period of up to 10 years on structural stability against perforation by rust of components made of stainless steel, galvanized steel, possibly additionally powder-coated, and against rot and fungal infestation of support posts made of Douglas fir, installed on post shoes and protected by a cover plate or roof. For up to 5 years on structural stability against rot and fungal infestation for all other wooden components made of Douglas fir and against breakage for all components made of high pressure laminate and polyethylene. For up to 2 years on structural stability against breakage on Hercules ropes and nets as well as against malfunctions and breakage of moving parts, bearings, valves and springs. | Excluded from the outdoor play equipment warranty are: corrosion-related damage which is temporarily or permanently exposed to salt- or chlorine-containing water as well as damage to playground equipment which is or was located closer than 800 m to the coast; natural wood/material characteristics, such as color changes and weather-related cracks in the wood; wear due to use, e.g. joints, ropes, running surfaces, etc.; vandalism, wilful destruction and force majeure; wooden components on play equipment that were installed in bark mulch; play equipment that has been modified or altered with non-original spare parts; damage, in particular changes to the material or color as well as corrosion, which were caused by removing the packaging too late or improper storage; playground equipment that was not professionally installed or not maintained according to our maintenance instructions; surface rust as well as rust caused by scratches or damage; fading of colors, e.g. on ropes, on HPL panels. | The warranty expires if professional assembly, maintenance and care according to the manufacturer's instructions and according to recognized rules of technology and professional repair using original spare parts of the manufacturer are not carried out, or if defects and damages are caused by improper installation or by transport damage for which we are not responsible. The warranty does not apply in cases of insignificance. In the event of a warranty claim we will exchange the goods for the same new goods or, if unavailable, for goods equivalent in type, quality and good faith, or provide repair or refund.

Errors excepted!

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