General Terms and Conditions for B2B Project Business
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between Bergermann Floristik GmbH, Mittelweg 6, 02736 Oppach (hereinafter “Contractor”), and entrepreneurs within the meaning of § 14 BGB (hereinafter “Client”) concerning the planning, production, delivery and/or installation of preserved moss wall products, moss pictures, facade greening systems (MOOSMOOS GREENOVATION) and comparable services.
(2) These GTC apply exclusively. Deviating, conflicting or supplementary GTC of the Client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity in writing.
(3) These GTC do not apply to consumer transactions. Separate GTC apply to orders placed via the online shop moosbild-shop.de.
(4) Individual agreements between the contracting parties shall take precedence over these GTC in all cases. A written contract or the written confirmation of the Contractor shall be authoritative for the content of such individual agreements.
§ 2 Conclusion of Contract
(1) Offers by the Contractor are subject to change and non-binding unless they are expressly designated as binding. Representations in catalogs, brochures, on websites and in social media do not constitute a binding offer.
(2) The Client’s order shall be deemed a binding contractual offer. The contract shall only be concluded upon written order confirmation by the Contractor or upon commencement of performance.
(3) The scope of services is determined exclusively by the written order confirmation of the Contractor. Subsequent changes or additions require written agreement.
(4) Technical changes as well as changes in form, color and/or weight remain reserved within reasonable limits insofar as natural products are involved and the changes are reasonable for the Client, taking into account the interests of the Contractor.
§ 3 Scope of Services
(1) The scope of services is determined by the written order confirmation of the Contractor. It may include, in particular, consultation, planning, visualization, production, delivery, installation and/or maintenance of preserved moss products.
(2) The Contractor uses exclusively sustainably and responsibly harvested forest moss, which is treated using the patented MOOSMOOS pressure preservation process PLUS. The moss retains its natural properties.
(3) For Greenovation facade products, installation is carried out exclusively by the Contractor’s installation team on a ventilated wooden substructure in accordance with the technical specifications of the data sheet.
(4) The Client is obligated to provide the prerequisites necessary for the performance of services (in particular access, substrate, power supply, construction clearance) in a timely manner and at its own expense.
§ 4 Prices and Payment Terms
(1) The prices stated in the order confirmation shall apply. All prices are in euros plus the applicable statutory value-added tax.
(2) Unless otherwise agreed, partial payments are due as follows: 50% upon order confirmation, 40% upon delivery or commencement of installation, 10% after acceptance.
(3) Invoices are payable within 14 days of receipt without deduction, unless otherwise agreed. In the event of default in payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the respective base rate in accordance with § 288 (2) BGB.
(4) Set-off against counterclaims of the Client or the withholding of payments on account of such claims is only permissible to the extent that the counterclaims are undisputed or have been legally established.
§ 5 Variable Additional Costs / Cost Adjustment
(1) The agreed prices are based on the costs for materials, energy, transport, tolls, packaging and other procurement-related expenses valid at the time of conclusion of the contract. If cost increases occur in one or more of these areas after conclusion of the contract that were not foreseeable and not controllable by the Contractor at the time of conclusion of the contract, the Contractor is entitled to pass on the demonstrably increased costs to the Client in accordance with causation.
(2) The cost adjustment will be communicated to the Client in writing prior to performance of services, disclosing the affected cost items and the respective increase. Corresponding additional costs will be transparently itemized separately in the respective document.
(3) If the costs referred to in paragraph 1 decrease after conclusion of the contract, the Contractor is obligated to pass on the cost reduction to the Client to the same extent (symmetry principle).
(4) If the cost adjustment exceeds 10% of the agreed net order value in total, the Client shall have an extraordinary right of withdrawal with a period of 14 days after receipt of the notification pursuant to paragraph 2. Partial services already rendered will be invoiced at the agreed contract price.
(5) A cost adjustment pursuant to this clause is excluded if less than four months elapse between conclusion of the contract and complete performance of services.
§ 6 Delivery and Installation
(1) Delivery dates and periods are only binding if they have been expressly confirmed as binding by the Contractor. Otherwise, delivery dates shall be deemed approximately agreed.
(2) Delivery and performance periods shall be extended by the period during which the Client fails to fulfill its obligations to cooperate, as well as by delays due to force majeure, supply bottlenecks at suppliers, official measures or other circumstances not attributable to the Contractor.
(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the Client upon delivery without installation with handover to the Client or the carrier. In the case of delivery with installation, the risk shall pass upon acceptance.
(4) Partial deliveries and partial services are permissible insofar as they are reasonable for the Client.
§ 7 Acceptance
(1) The Client is obligated to accept the Contractor’s performance within 10 working days of notification of completion. Acceptance shall be documented in a protocol.
(2) Insignificant defects do not entitle the Client to refuse acceptance. These will be remedied by the Contractor as part of subsequent performance.
(3) If the Client does not accept the performance within the period specified in paragraph 1 and there is no material defect, acceptance shall be deemed to have taken place (deemed acceptance). The Contractor will inform the Client of this legal consequence in the notification of completion.
§ 8 Warranty and Guarantee
(1) The Contractor warrants that the delivered products are free from material defects and defects of title at the time of acceptance. The warranty period is 24 months from acceptance, unless longer periods are prescribed by law.
(2) Obvious defects must be reported to the Contractor immediately, at the latest within 10 working days of acceptance, in writing. Hidden defects must be reported immediately upon discovery. In the event of a breach of the obligation to give notice of defects, the warranty claim shall lapse.
(3) In the case of justified complaints about defects, the Contractor shall provide subsequent performance at its option by remedying the defect or by replacement delivery. If subsequent performance fails after two attempts, the Client may demand a reduction in price or withdrawal.
(4) In addition to the statutory warranty, the Contractor grants a guarantee on the durability of its preserved moss products in accordance with VOB/BGB according to the conditions specified in the respective offer. The guarantee does not cover damage caused by improper use, mechanical impact, direct sunlight for indoor products, extreme humidity outside the specification or interventions by third parties.
(5) Natural color variations, minor differences in moss structure and production-typical tolerances do not constitute a defect, as these are natural products.
§ 9 Liability
(1) The Contractor shall be liable without limitation for damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the Contractor or an intentional or negligent breach of duty by a legal representative or vicarious agent.
(2) For other damages, the Contractor shall only be liable in cases of intent and gross negligence as well as in the event of a breach of essential contractual obligations (cardinal obligations). In the event of a breach of essential contractual obligations, liability is limited to the contract-typical, foreseeable damage.
(3) Liability under the Product Liability Act remains unaffected.
(4) Otherwise, the Contractor’s liability—regardless of the legal grounds—is limited in amount to the order value.
§ 10 Retention of Title
(1) The delivered goods remain the property of the Contractor until full payment of all claims arising from the business relationship (extended retention of title).
(2) The Client is obligated to treat the goods subject to retention of title with care. In particular, the Client is obligated to inform the Contractor immediately if and to the extent that third parties access the goods subject to retention of title.
§ 11 Cancellation and Withdrawal
(1) The Client may only cancel the contract with the written consent of the Contractor. In the event of cancellation after order confirmation, the Contractor shall be reimbursed for the costs incurred up to that point as well as a flat-rate loss of profit amounting to 15% of the net order value, unless the Client proves a lower damage.
(2) For custom-made products (in particular individually planned moss walls and Greenovation facades), cancellation after the start of production is excluded. Products already manufactured must be paid for in full in any case.
§ 12 Confidentiality and Copyright
(1) Both contracting parties undertake to keep confidential information of the other party that becomes known to them in the course of the business relationship and to use it only for the contractually agreed purposes.
(2) Plans, visualizations, design drawings and technical documents of the Contractor remain its intellectual property. They may not be reproduced, made accessible to third parties or used for other projects without written consent.
(3) The Contractor is entitled to use completed projects as a reference and to reproduce them for advertising purposes, unless the Client expressly objects.
§ 13 Data Protection
(1) The Contractor processes personal data of the Client exclusively within the framework of the applicable data protection regulations. Details can be found in the privacy policy at moosmoos.de/datenschutz.
(2) The Contractor uses the CRM system HubSpot for customer management and project communication. The Client is informed of this and agrees to the storage of its contact data in this system.
§ 14 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance for all obligations arising from the contractual relationship is the registered office of the Contractor in 02736 Oppach.
(3) The place of jurisdiction for all disputes arising from the contractual relationship is, insofar as the Client is a merchant, a legal entity under public law or a special fund under public law, the registered office of the Contractor. The Contractor is entitled to sue the Client also at its general place of jurisdiction.
(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid provision.
(5) Amendments and supplements to these GTC require written form. This also applies to the amendment of this written form clause.
Bergermann Floristik GmbH | Managing Director: Andreas Bergermann
Mittelweg 6 | 02736 Oppach | HRB 44035 AG Dresden | VAT ID No. DE360955008
As of March 2026
