General Terms And Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Holz Frank GmbH & Co. KG) via the website holz-frank.com. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that may be used.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

(3) Prior to market placement, our B2B customers are obliged to equip all products with the required labelling for operators in accordance with Article 15(1)(c) of Regulation (EC) No. 1935/2004. This requirement ensures compliance with the relevant legal provisions.

(4) The specified intended uses of our products must be strictly observed. Any misuse is expressly prohibited. This provision ensures that our products are used exclusively in the intended and approved areas of application.

§ 2 Accessibility

(1) Pursuant to Section 14(1) No. 2 in conjunction with Annex 3 No. 1 BFSG, we inform you how our website and/or our service in electronic commerce meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. “Accessibility Statement” or similar designation) on our website and includes in particular the following points:

• a description of the applicable accessibility requirements;
• a general description of the service in an accessible format;
• descriptions and explanations necessary to understand the provision of the service;
• a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows:

(3) We may use artificial intelligence (AI) and specialised tools to implement accessibility requirements on our website. This is intended to take into account a wide range of potential disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found under the separate, appropriately labelled button referred to in para. 1 on our website.

(4) Our website and/or our service in electronic commerce is accessible if it can be found, accessed and used by persons with disabilities in the customary manner, without particular difficulty and generally without outside assistance.

(5) Measures to implement accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrasts, navigation via mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), plain and comprehensible language, compatibility with all common screen readers, and adaptable display options for various end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order”  (or a similarly named button) and entering your personal data as well as the payment and shipping terms, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or forwarded to the website of the instant payment provider.
If you are redirected to the respective instant payment system, make the appropriate selection and enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment provider or, after you have been redirected back to our online shop.

Before sending the order, you have the opportunity to check and change the information in the order overview (also using the “back” function of the internet browser) or to cancel the order.

(4) Your enquiries for a quotation are non-binding for you. We will send you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another period is stated in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and in particular not prevented by SPAM filters.

§ 4 Customised Goods

(1) You shall provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by email without delay after conclusion of the contract. Any specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of the legal representation required in this context.
 
(3) We do not check the transmitted data for factual accuracy and therefore assume no liability for errors in this regard.
 
(4) If stated in the respective offer, you will receive a proof from us, which you must check without delay. If you agree with the design, you release the proof for execution by countersigning in text form (e.g. email).
No design work will be carried out without your approval.
You are responsible for checking the proof for accuracy and completeness and for notifying us of any errors. We accept no liability for errors that are not objected to.

§ 5 Special Agreements on Offered Payment Methods

(1) SEPA Direct Debit 
When paying by SEPA direct debit, you authorise us by issuing a corresponding SEPA mandate to debit the invoice amount from the specified account.

The direct debit will be collected within 10 days after conclusion of the contract.

The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure sufficient funds in the account on the due date. In the event of a chargeback due to your fault, you shall bear the bank fee incurred.

(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22–24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods offered via “PayPal” are displayed to you under a correspondingly labelled button on our website and during the online ordering process. “PayPal” may use additional payment services for processing; if special terms and conditions apply to this, you will be informed separately. Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via “Mollie”

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been made.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.

c) In the event of processing and combination of the reserved goods with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 7 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before making your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a)  Only our own specifications and the manufacturer’s product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the defect is not remedied, you may, at your option, demand a reduction in price or rescind the contract. The rectification shall be deemed to have failed after the second unsuccessful attempt unless, in particular, the nature of the goods or defect or other circumstances indicate otherwise. In the case of rectification, we are not required to bear the increased costs arising from transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c)  The limitation period for warranty claims is one year from delivery of the goods. The shortening of the period does not apply:

- to damages attributable to us resulting from injury to life, limb or health caused culpably, and to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items which have been used for a building in accordance with their normal use and have caused its defectiveness;
- to statutory rights of recourse that you have against us in connection with defect rights.

§ 8 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all services arising from business relations with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is not known at the time the action is brought. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

§ 9 Handling and Wood Characteristics (Wood is a Natural Product)

9.1 Care and cleaning
Before first use, our wooden products should be cleaned according to normal household standards. We advise against cleaning wooden products in the dishwasher, as the combination of water, heat and detergents can lead to cracking, warping and surface impairment. For long service life, we recommend manual cleaning with warm water, mild dish soap and thorough drying. Care notes and tips can be found at: www.holz-frank.com/Schneidebretter-Wissen/

9.2 Natural properties of wood
(1) Wood is a natural product. Variations in colour, structure, grain, figure, knots, density and porosity as well as slight dimensional tolerances can occur and are typical of the material. Minimal swelling, shrinking or warping is also possible due to the nature of wood.
(2) On first contact with water, wood fibres may raise. This is typical of the material. These fibres will lay down again during use or can be gently smoothed with fine sandpaper (e.g. grit 180–240) or a sanding fleece.
(3) Colour differences arise, among other things, from species, growth region, seasonal harvesting, wood moisture and use (e.g. UV light, water) and may change over time.
(4) Knot areas and cross-grain can—despite careful workmanship—appear slightly rougher locally. Resin exudation in relevant species and the content of tannins and extractives (e.g. in oak) are natural. With finishing processes (laser engraving, branding, screen printing), slight colour and contrast differences may result.
(5) The foregoing features are characteristics of the natural material wood and do not in themselves constitute an impairment of function. Insofar as individual characteristics deviate from objective requirements, we expressly point this out in the product description; for consumers, such deviations only become part of the contract if you expressly consent before placing your order (e.g. via selection field/checkbox).

9.3 Use in contact with food
(1) For wooden products used in contact with food, we recommend regular visual inspection. Deep cuts/grooves should be carefully sanded out for hygienic reasons, or the product should be replaced.
(2) Prolonged contact with moist foods—particularly on tannin-rich woods such as oak—may lead to flavour transfer or discolouration. For extended presentation times, we optionally offer a sealing suitable for food contact that reduces this effect. Regular cleaning remains necessary.

9.4 Surface finishes
(1) With oil and lacquer treatments, differences in penetration depth and surface appearance are material-related and do not constitute a defect.
(2) Drying times (reference values at 20 °C / 50% rel. humidity):
– Linseed oil/linseed oil varnish: surface-dry after approx. 24–48 h; complete curing may—depending on film thickness/ventilation—take several weeks. A perceptible inherent odour may occur during this time.
– Lacquers: touch-dry after a few hours, final strength typically after approx. 48 h.
(3) Absorbent outer packaging (e.g. cardboard) can take up oil residues from the surface. If products are to be gift-wrapped, we recommend not oiling shortly before packaging or allowing sufficient drying time.
(4) Storage: dry, well ventilated and protected from direct moisture/heat. After delivery, wooden products should be removed from transport packaging and acclimatised under the conditions mentioned.

9.5 Food compliance of finishes
Our oil/lacquer systems intended for food contact are selected for this purpose according to the manufacturers’ specifications. When used properly, they are suitable for the intended contact. Please observe the respective care and reconditioning instructions.

9.6 Laser engraving/branding
With laser engravings/brandings, the motif is introduced thermally. The initial contrast (soot) may lighten through use and cleaning. This does not impair usability. Gentle surface refreshment (e.g. cleaning, re-oiling per care instructions) can visually emphasise the contrast.

II. Customer Information

1. Identity of the Seller

Holz Frank GmbH & Co. KG
Houbirgstrasse 9
91217 Hersbruck
Germany
Phone: 0915183310
Email: info@holz-frank.com


We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions on “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. After we receive your order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation enquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We are subject to the Käufersiegel quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may be incurred which we are not responsible for, such as customs duties, taxes or fees for money transfers (bank transfer or exchange rate fees charged by credit institutions), which are to be borne by you. 

6.4. Costs for money transfers (bank transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but the payment is initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, claims for payment from the concluded contract are due immediately.

7. Delivery Conditions

7.1. The delivery conditions, delivery date and any delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers of Händlerbund who specialise in IT law and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 22.10.2025