General Terms and Conditions (AGB)

Kolev Architektenküchen, Proprietor Rusi Kolev
Hauptstr. 39, 61239 Ober-Mörlen, Germany

As of: March 2026

Table of Contents
§ 1 Scope of Application

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

They govern all business relations relating to the planning, manufacturing, delivery, and installation of bespoke kitchen projects. By placing an order, you acknowledge these General Terms and Conditions.

§ 2 Conclusion of Contract
Offer and Acceptance

Our offers are non-binding and valid for three weeks.

The contract is concluded when you accept our offer in text form (§ 126b BGB — e.g. by e-mail or via the LexOffice customer portal). 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 validity period expires and you later decide on a new offer, the architectural planning will be listed as a separate line item. The scope and costs (€5,000 incl. VAT) will be specified in the respective offer.

Distance Selling Contract

Since the initiation of the contract (initial consultation via Jitsi Meet) and the conclusion of the contract (acceptance of the offer via the LexOffice portal or by e-mail) are conducted exclusively through distance communication means, this constitutes a distance selling contract pursuant to § 312c BGB. The pre-contractual information obligations pursuant to Art. 246a EGBGB are fulfilled through these General Terms and Conditions and the respective offer documents.

Initial Consultation Free of Charge

The initial consultation, planning, 3D visualisation, and the first offer are free of charge and non-binding. A contractual obligation only arises upon your acceptance of the offer.

§ 3 Scope of Services
Works and Services (§§ 631 ff. BGB)

We provide the following works and services: bespoke planning, manufacturing, and delivery free to the place of use, as well as professional installation of kitchen furniture and worktops.

Sales Contracts (§§ 433 ff. BGB)

In addition, we deliver and install built-in appliances — e.g. ovens, hobs, dishwashers, refrigerators, sinks, fittings, and associated built-in systems (e.g. Quooker with reservoir). We work with premium manufacturers such as BORA, Küppersbusch, Miele, Siemens, Bosch, Liebherr, and Quooker. The statutory provisions governing sales contracts apply to these items.

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

Included Services

The scope of services includes the preparation of appliances for connection to existing connection points (water, drainage, electrical) — i.e. positioning, fitting, and routing the lines to the connection point. The actual connection to the supply points (shut-off valve, heavy-current connection, etc.) is carried out by a licensed specialist contractor.

Not Included

Building-side electrical, plumbing, and gas installations are not part of our services. This includes in particular the laying of cables, the installation of connection points, and all work requiring a licensed specialist contractor.

Materials

We process high-quality materials: EGGER decorative chipboard for kitchen furniture, fronts made of Senosan and Decospan, hardware from Hettich, Kesseböhmer and Sige, sinks from Blanco, and worktops of your choice — e.g. Fundermax compact panels, Dekton, or natural stone. Details on the natural properties of the materials can be found at kolev-kuechen.de/materialeigenschaften.

§ 4 Prices and Payment
Preise

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

Payment Schedule

Payment is made in three stages:

  • 20 % down payment upon order confirmation (payment term: 14 days)
  • 65 % interim payment upon design approval and prior to commencement of production — for materials and appliances
  • 15 % final invoice upon acceptance pursuant to § 6

The interim payment of 65 % covers in particular the costs of all built-in appliances listed in the offer in full. The final invoice (15 %) relates exclusively to the works and services performed.

Right of Retention

The 15 % portion (final invoice) secures your right of retention to ensure defect-free performance. In the case of minor defects, the right of retention exists only in the amount of the estimated double of the defect rectification costs.

Price Fixation

The price is bindingly fixed upon order confirmation. Subsequent price changes are only possible through a mutually agreed supplementary agreement (see § 12).

§ 5 Delivery and Installation
Appointments

Delivery and installation dates are individually agreed and recorded in the order confirmation. We make every effort to meet all dates reliably.

Force Majeure

Delays caused by force majeure — in particular supply chain disruptions, material shortages, natural disasters, or official measures — are beyond our control. In such cases, we will inform you without undue delay and jointly agree on a new date. This provision does not apply insofar as the delay is attributable to our wilful intent or gross negligence.

If such an event lasts longer than 8 weeks after the originally agreed installation date, either party is entitled to extraordinary termination. Services already rendered and demonstrably incurred material costs shall be invoiced; any remaining amounts will be refunded.

Client-Side Preliminary Works

To ensure a smooth installation, all connection points (water, drainage, electrical) must be properly installed and operational in accordance with the installation plan provided in advance. The responsibility for this lies with you.

Installation

Installation is carried out exclusively by our own specialist personnel.

§ 6 Acceptance
Joint Acceptance

Upon completion of the installation, we offer you a joint acceptance inspection on site. An acceptance protocol will be prepared documenting the condition of the kitchen — including any defects and, where necessary, photographic documentation.

Deemed Acceptance

Upon completion of the installation, we will set you a deadline of 12 working days in text form for acceptance. If you do not respond within this period in text form (§ 126b BGB) with specific defect complaints, the acceptance shall be deemed to have taken place (§ 640 Abs. 2 BGB).

Legal Consequences of Acceptance

Upon acceptance — whether express or deemed — the following legal consequences take effect:

  • Transfer of Risk: The risk of accidental damage or deterioration passes to you.
  • Reversal of Burden of Proof: You bear the burden of proof that a defect already existed at the time of acceptance (§ 640 Abs. 3 BGB).
  • Commencement of Limitation Period: The statutory warranty periods begin to run.
Insubstantial Defects

Acceptance may not be refused on account of insubstantial defects. Such defects will be recorded in the acceptance protocol and remedied by us promptly.

§ 7 Retention of Title

All delivered goods and materials remain our property until full payment of all claims arising from the contract.

Insofar as kitchen furniture becomes permanently affixed to the building during installation, the retention of title may be extinguished by operation of law (§ 946 BGB). In such cases, we expressly reserve the right to claim payment of the outstanding amount.

§ 8 Warranty
Works and Services

The statutory warranty provisions pursuant to §§ 634 ff. BGB apply to our works and services (kitchen furniture, worktops, installation). The limitation period commences upon acceptance.

Purchased Goods

The statutory warranty provisions pursuant to §§ 437 ff. BGB apply to built-in appliances, sinks, and fittings (purchased goods). Any manufacturer warranties exist independently as the manufacturer’s own obligation.

Defect claims for built-in appliances including supplied accessories are governed by the law of sale. Defect claims for the proper installation work are governed by the law of works contracts.

Integration Defects

Defects arising from faulty installation or integration of appliances into the kitchen system — e.g. appliance claddings, cut-outs, or connection preparation — are deemed defects of the works and are subject to the works contract limitation period.

Right to Cure

We have the right to first remedy reported defects ourselves (supplementary performance). Only if a remedy fails or is unreasonable shall you be entitled to further rights (reduction, rescission).

Material Properties

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

  • Natural grain patterns and colour variations in wood
  • Batch-related colour variations in Dekton and natural stone
  • Natural aging of surfaces
  • Hairline scratches on brushed surfaces
  • Manufacturing tolerances

We recommend agreeing on a separate annex “Material Properties” in which the specific characteristics of the chosen materials are described prior to contract conclusion (§ 476 para. 1 sentence 2 BGB).

Exclusions

Warranty claims are excluded for defects caused by improper use, inadequate care, normal wear and tear, and installation errors caused by the client.

Goodwill Readjustment

Approximately one month after installation, we offer a complimentary readjustment — e.g. fine-tuning of drawers and hinges. This is a voluntary goodwill service and does not constitute a warranty case.

§ 9 Limitation of Liability
Unlimited Liability

We are fully liable for damages arising from injury to life, body, or health, as well as for damages caused by intentional or grossly negligent conduct.

Limited liability for cardinal obligations

In cases of simple negligence, we are only liable for breaches of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damages typical for this type of contract.

Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely — e.g., professional assembly, defect-free manufacturing and on-time delivery.

Exclusion in the case of ancillary duties

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

Product Liability Act

Liability under the Product Liability Act (ProdHaftG) remains unaffected by the above provisions.

§ 10 Right of Withdrawal
Exclusions

There is no right of withdrawal, as these are goods that are manufactured according to your individual specifications and are clearly tailored to your personal needs (§ 312g para. 2 no. 1 BGB).

Notice

The initial consultation, planning, 3D visualization, and first quote are free and non-binding. You only enter into a contractual obligation upon acceptance of the quote.

§ 11 Cancellation and Rescission
Your right to terminate the contract

You can terminate the work contract component (planning, manufacturing, assembly) at any time (§ 648 BGB). In this case, we are entitled to the agreed remuneration less any expenses saved.

Guideline values ​​for incurred costs
Project stage Costs incurred
After contract signing, before measurements Architectural planning (scope as per offer)
After measurements, before production begins Architectural planning + measurement costs
After production has begun Additionally: material and production costs already incurred, as well as non-returnable ordered equipment and materials
After installation Full contract value

The amounts mentioned are guidelines only. You are entitled to prove that we have incurred lesser damages (§ 648 sentence 3 analogously, § 309 no. 5 lit. b German Civil Code).

Purchase agreement share (built-in appliances)

The right of termination under Section 648 of the German Civil Code (BGB) applies to the work contract component (planning, manufacturing, assembly). Additional costs may arise for already ordered built-in appliances (purchase contract component) if return or cancellation with the supplier is no longer possible. These costs will be documented on a case-by-case basis.

Termination and resignation by us

If you default on a payment despite a written reminder and a grace period of at least 14 days, we can:

  • Contractual services: Termination of the contract for good cause (§ 648a BGB). In this case, we are entitled to compensation for services rendered up to the point of termination.
  • For goods not yet delivered (built-in appliances): withdraw from the contract for these items (§ 323 BGB).

Statutory rights remain unaffected.

§ 12 Design Changes and Supplementary Orders
Änderungswünsche

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

Permit

The supplementary offer must be approved by you in written form (Section 126b of the German Civil Code – e.g., by email) before we implement the change. We will not carry out any chargeable changes without your approval.

Final invoice

The final invoice reflects the final, mutually agreed service — that is, the original order confirmation plus all approved amendments.

§ 13 Data Protection

We process your personal data in accordance with the General Data Protection Regulation (GDPR) and the 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 will only be recorded with your explicit consent, which you give when booking your appointment. Recording is voluntary—the video consultation will also take place without recording. You can withdraw your consent at any time, even during the conversation.

AI-assisted processing

Provided you have consented to the recording, the conversation will be automatically transcribed and analyzed using AI-powered methods to provide you with a written summary of the conversation and personalized mood boards. All AI-generated content is personally reviewed by us before being shared with you. Details about the services and third-party providers used can be found in our privacy policy.

§ 14 Dispute Resolution
Consumer arbitration

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 15 Final Provisions
Severability Clause

Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory rule.

Written Form Requirement

Amendments and additions to these terms and conditions require the written form (§ 126b BGB). This also applies to the waiver of this written form requirement.

Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of Performance

The place of performance for payment obligations is Ober-Mörlen.