Kolev Architektenküchen

T&C

Kolev Architektenküchen, owner Rusi Kolev
Hauptstr. 39, 61239 Ober-Mörlen, Deutschland

As of: November 2026

Table of contents

§ 1 Scope

These General Terms and Conditions (GTC) apply to all contracts between you, as a consumer within the meaning of § 13 BGB (German Civil Code), and us, Kolev Architektenküchen, owner Rusi Kolev.

They govern all business relationships relating to the planning, manufacture, delivery and installation of individual kitchen projects. We draw your attention to these GTC before the contract is concluded; upon your acceptance of our offer, they become part of the contract.

§ 2 Conclusion of the Contract

Offer and Acceptance

Our offers are binding and valid for three weeks from receipt.

The contract is concluded when you accept our offer within this period in text form (§ 126b BGB, for example by email). The order confirmation documents the agreed scope of services.

Architectural Planning

If you accept the offer within the three-week validity period, the architectural planning is included in the order value.

If the period expires and you later decide on a new offer, the architectural planning is shown as a separate line item. The scope and costs (EUR 5,000 incl. VAT) are specified in the respective offer.

Conclusion of Contract in Distance Selling or Off Our Business Premises

As a rule, the initiation of the contract (initial consultation via Jitsi Meet) and the conclusion of the contract (acceptance of the offer by email) take place exclusively via means of distance communication. In that case, it is a distance selling contract (§ 312c BGB). If, exceptionally, the contract is concluded at a personal meeting off our business premises, the rules for contracts concluded off business premises apply. This does not change the exclusion of the right of withdrawal (§ 10). We fulfil the pre-contractual information obligations under Art. 246a EGBGB (Introductory Act to the German Civil Code) through these GTC and the respective offer documents.

Initial Consultation Free of Charge

The initial consultation, planning, 3D visualisation and first offer are free of charge and without obligation. A contractual obligation arises only upon your acceptance of the offer.

§ 3 Scope of Services

Our Service Is a Work Performance

We plan your kitchen individually and have it measured on site. We manufacture carcasses and fronts in our own workshop. We manufacture compact-panel worktops ourselves; ceramic and natural stone worktops are manufactured and installed by our worktop partner according to our measurements and on our behalf. We are responsible for partner businesses as for our own staff (§ 278 BGB). All of this is a work performance (§§ 631 ff. BGB).

Work Performances (§§ 631 ff. BGB)

We provide the following work performances: individual planning, manufacture and delivery free to the place of use, as well as professional installation of kitchen furniture and worktops.

Sale of Goods (§§ 433 ff. BGB)

In addition, we supply and install built-in appliances, for example oven, hob, dishwasher, refrigerator, sinks, taps and associated built-in systems (for example Quooker with reservoir). We work with premium manufacturers such as BORA, Küppersbusch, Miele, Siemens, Bosch, Liebherr and Quooker. The provisions of sales law apply to these.

The built-in appliances are shown as separate line items in the offer and in the order confirmation.

Included Services

The scope of services includes preparing the appliances for connection to existing connection points (water, wastewater, electricity), i.e. positioning, fitting and running the lines up to the connection point. The actual connection to the connection points (angle valve, three-phase power connection and the like) is carried out by a licensed specialist company.

Not Included

On-site electrical, plumbing and gas installations are not part of our service. This includes in particular the laying of lines, the setting of connection points and all work that requires a licensed specialist company. We only remove and dispose of your old kitchen if this is expressly stated in the offer.

Materials

We work with high-quality materials: EGGER decorative particleboard for kitchen furniture, fronts from Senosan and Decospan, fittings from Hettich, Kesseböhmer and Sige, as well as worktops of your choice, for example Fundermax compact panels, Dekton or natural stone. You can find details on the natural properties of the materials at kolev-kuechen.de/material-properties.

Planning documents and 3D view

The rights in plans, drawings, installation plans and the 3D view remain with us, including planning documents you received from us before the contract was concluded. You may use them for your kitchen project and share them for that purpose with the people you plan with and with your advisers and tradespeople, but not with other kitchen providers. Viewing and trying out the 3D view are always free. Any other use requires our consent in text form, for example if another provider is to build the kitchen to our plans or if you pass the documents on to anyone else. If you have paid for the architectural planning, as a separate item in the offer or after a termination under § 11, you may also use it for your project without us.

§ 4 Prices and Payment

Prices

All prices stated are final prices (gross) and include the statutory value-added tax of 19 %.

Payment Plan

Payment is made in three stages:

What “Due” Means

Due means: from acceptance onwards, we may demand payment of the final instalment. You only fall into default in accordance with the statutory rules (§ 286 BGB), at the latest 30 days after the due date and receipt of the invoice. We point this out to you on every invoice.

Right of Retention

The final instalment of 15 % remains with you until acceptance. If, after acceptance, you are entitled to demand the rectification of a defect, you may retain an appropriate part of the remuneration, generally twice the expected cost of remedying the defect (§ 641 (3) BGB).

Binding Price

The price is bindingly fixed with the order confirmation. Subsequent price changes are only possible by mutual supplementary agreement (see § 12).

§ 5 Delivery and Installation

Delivery Time and Appointments

The delivery time is generally 6 to 8 weeks from the 3D measurement and receipt of the second instalment, once both are in place. We then agree the specific installation date with you and confirm it in text form.

Delays for Which We Are Not Responsible

If the delivery or installation is delayed by events for which we are not responsible and which we could not have avoided even with reasonable care, for example natural events, official measures or failures on the part of our manufacturers for which we are not at fault, the date is postponed by the duration of the disruption. We inform you without undue delay and agree a new date with you. Your statutory rights remain unaffected.

If such a disruption lasts longer than 8 weeks beyond the agreed installation date, both parties may terminate the contract. If we terminate, we refund all payments to you without undue delay; appliances, sinks and taps already paid for belong to you (§ 4), and you may keep them or leave them to us for return. The same applies if you terminate. Your further statutory rights remain unaffected.

On-Site Preparatory Work

So that the installation can proceed smoothly, all connection points (water, wastewater, electricity) must be professionally installed and ready for operation in accordance with the installation plan provided in advance. You are responsible for this.

If the Installation Cannot Start for Reasons Within Your Sphere

If the installation cannot begin on the agreed date for reasons within your sphere, for example because the connection points are not ready or we have no access, you fall into default of acceptance (§§ 293 ff. BGB) and we place your kitchen in storage. You bear the additional costs actually incurred and evidenced as a result (storage, additional travel) (§§ 304, 642 BGB). From the default of acceptance onwards, the risk of accidental damage or deterioration passes to you (§ 644 (1) sentence 2, § 446 sentence 3 BGB).

Installation

The kitchen furniture is installed by our own skilled staff; ceramic and natural stone worktops are installed by our worktop partner on our behalf. They are installed after a second measurement, generally about two weeks after the furniture installation; until then, we provide you with temporary worktops.

§ 6 Acceptance

Joint Inspection

After completion of the entire kitchen, in the case of ceramic or natural stone worktops therefore after installation of the worktop, we go through the finished kitchen together with you on site. If everything is in order, you declare acceptance, informally, including verbally. We do not need signatures or a record for this. Acceptance may not be refused on account of insignificant defects (§ 640 (1) sentence 2 BGB); we remedy such points promptly. You must reserve your rights in respect of defects that you are aware of at acceptance so that your rights arising from them are preserved (§ 640 (3) BGB).

Request for Acceptance and Deadline

After completion of the entire kitchen, we request acceptance from you with the final invoice in text form (§ 126b BGB) and set you a deadline of 12 working days from receipt of the invoice. If you do not declare acceptance within this period and also do not refuse it stating at least one defect, the kitchen is deemed to have been accepted (§ 640 (2) BGB). We point out these consequences to you together with the request in text form (§ 640 (2) sentence 2 BGB). If you have already declared acceptance during the joint inspection, the deadline does not change this. It is best to notify us of defects by email so that we can understand them.

Legal Consequences of Acceptance

Upon acceptance, whether express or pursuant to § 640 (2) BGB, the following legal consequences arise:

§ 7 Retention of Title

The furniture parts and worktops manufactured by us remain our property until the contract price has been paid in full (in accordance with § 449 BGB).

If, during installation, parts are joined to the building in such a way that they become an essential component, our ownership ends to that extent by operation of law (§§ 946, 94 BGB). Built-in appliances, sinks and taps are not covered by this; you acquire ownership of them in accordance with § 4.

§ 8 Statutory Warranty for Defects

Work Performance

The statutory warranty provisions under §§ 634 ff. BGB apply to our work performances (kitchen furniture, worktops, installation). The limitation period begins upon acceptance.

Goods

The statutory warranty provisions under §§ 437 ff. BGB apply to built-in appliances, sinks and taps (goods). The limitation period begins upon handover. Any manufacturer guarantees exist in addition as an independent service of the respective manufacturer.

Integration Errors

If we install an appliance, a sink or a tap improperly, this is a defect in the goods (§ 434 (4) BGB), to which sales law applies. Defects in the furniture parts into which an appliance is built (claddings, installation openings, niches) and in the connection preparation are defects in the work performance.

Subsequent Performance

In the case of the work performance, we may initially rectify the defect or produce a new item (§ 635 BGB). In the case of built-in appliances, sinks and taps, you choose between rectification and replacement delivery (§ 439 BGB). If subsequent performance fails or is unreasonable for you, you are entitled to the further statutory rights, in particular price reduction, rescission, damages and, in the case of the work performance, self-remedy (§ 637 BGB).

Material Properties

Natural material properties do not constitute defects. These include in particular:

What counts as a natural, manufacturing-typical property, in particular permissible tolerances and the normal ageing of surfaces, is determined by the properties of the materials you have chosen as described in the Material Properties Annex. This annex is attached to the offer and becomes part of the contract (§ 633 BGB).

No Defect

There is no defect in the case of damage caused by improper use, lack of care, normal wear and tear or on-site installation errors.

Goodwill Readjustment

About one month after installation, we offer a free readjustment, for example the fine-tuning of drawers and hinges. This is a voluntary, additional service; your statutory warranty rights remain unaffected.

§ 9 Limitation of Liability

Unlimited Liability

We are liable without limitation for damage arising from injury to life, body or health, as well as for damage attributable to intent or gross negligence.

Limited Liability for Cardinal Obligations

In the case of simple negligence, we are only liable for the breach of essential contractual duties (cardinal obligations). In this case, liability is limited to the foreseeable damage typical of the contract.

Essential contractual duties are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you regularly rely, for example professional installation, defect-free manufacture and timely delivery.

Exclusion for Ancillary Duties

Liability is excluded for simple negligence in the breach of non-essential contractual duties (ancillary duties).

The limitations and the exclusion do not apply in the cases of the first paragraph (injury to life, body or health as well as intent and gross negligence).

Vicarious Agents, Guarantee, Product Liability

This liability provision also applies to our vicarious agents. Our liability arising from a guarantee assumed and for fraudulently concealed defects, as well as liability under the German Product Liability Act (ProdHaftG), remain unaffected.

§ 10 Right of Withdrawal

Exclusion

There is no right of withdrawal for our kitchens: they are planned and manufactured according to your individual specifications and are clearly tailored to your personal needs (§ 312g (2) no. 1 BGB). This applies regardless of whether the contract is concluded by distance selling or off our business premises. The built-in appliances are part of this individual planning (niche dimensions, cut-outs, panels) and are not delivered separately. We coordinate the furniture with the specifically selected appliances and their installation dimensions so that a continuous joint pattern is created; the appliances are thereby firmly integrated into the custom-made product and cannot be exchanged separately.

Note

A contractual obligation arises only upon your acceptance of the offer. The initial consultation, planning, 3D visualisation and first offer are free of charge and without obligation.

§ 11 Cancellation and Rescission

Your Right of Termination

You may terminate the contract-for-work portion (planning, manufacture, installation) at any time (§ 648 BGB). In this case, we are entitled to the agreed remuneration less saved expenses.

Guideline Values for Costs Incurred

Project stage Costs incurred
After conclusion of the contract, before measurement Architectural planning (scope as per offer)
After measurement, before start of production Architectural planning + measurement costs
After start of production In addition: material and production costs already incurred, as well as non-returnable ordered appliances and materials
After installation Full contract value

The amounts stated are guideline values. You are free to prove that we have saved more or otherwise acquired more than is assumed here (§ 648 sentence 2 BGB).

Sales Contract Portion (Built-in Appliances, Sinks and Taps)

The right of termination under § 648 BGB applies to the contract-for-work portion (planning, manufacture, installation). For built-in appliances, sinks and taps already ordered (sales contract portion), the following applies: if you have already paid for them with the second instalment, they belong to you (§ 4). For items not yet paid for, additional costs may arise if return or cancellation with the manufacturer is no longer possible; we evidence these costs on a case-by-case basis.

Termination and Rescission by Us

If, despite a reminder in text form (for example by email) and a grace period of at least 14 days, you fall into default with a payment due, we may:

Statutory claims remain unaffected.

§ 12 Planning Changes and Supplementary Agreements

Change Requests

Change requests are possible and welcome even after the order confirmation. In this case, we prepare a supplementary offer that transparently shows the changed costs and any effects on the schedule.

Approval

The supplementary offer must be approved by you in text form (§ 126b BGB, i.e. for example by email) before we implement the change. Without your approval, we do not carry out any chargeable changes.

Final Invoice

You receive the final invoice after completion of the entire kitchen. It reflects the final, mutually agreed service, i.e. the original order confirmation plus all approved supplementary agreements.

§ 13 Data Protection

We process your personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). You can find detailed information in our Privacy Policy.

Video Consultation

For our initial consultation, we use Jitsi Meet (self-hosted on our server in Germany). The conversation is recorded only with your express consent, which you give when booking the appointment. The recording is voluntary; the video consultation also takes place without recording. You can withdraw your consent at any time, including during the conversation.

AI-Assisted Processing

To the extent that you have consented to the recording, the conversation is automatically transcribed and evaluated into a written conversation summary using AI-assisted methods. All AI-generated content is personally reviewed by us before it is passed on to you. You can find further information on the processing of your data in our Privacy Policy.

§ 14 Dispute Resolution

Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG (German Consumer Dispute Resolution Act)).

§ 15 Final Provisions

Severability Clause

Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.

Text Form and Priority of Individual Agreements

Amendments and additions to the contract require text form (§ 126b BGB). Individual contractual agreements take precedence over these GTC (§ 305b BGB).

Applicable Law

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer with your habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected.