Terms & conditions

1.1 These General Terms and Conditions apply to orders for goods placed by consumers through the German Frescopunk Online Shop for delivery within Germany. Consumers are natural persons acting primarily for purposes outside their trade, business or self-employed professional activities.

1.2 Part A governs the purchase of goods from the selected specialist contractor. Part B governs the separate platform services provided free of charge by JIT TECHNOLOGIES SRL under the Frescopunk brand. Part C applies to both contractual relationships.

1.3 Separate terms and conditions must be agreed for business orders, the PRO Partner Programme and contractual relationships between Frescopunk and specialist contractors. These consumer terms and conditions do not govern such relationships.

1.4 The applicable version is the version made available before the respective declaration of contractual intent is made. Individual agreements take precedence. Mandatory statutory rights remain unaffected.

2.1 The seller and contractual partner for the purchase of goods is the specialist contractor selected during checkout. Its full business name, address, telephone number and email address are displayed before the order is placed and provided in the contract confirmation. It is also identified as the seller on the invoice.

2.2 Frescopunk is operated by JIT TECHNOLOGIES SRL, Via rigardara 39, 47853 Coriano (RN) Italia, email management@jit-technologies.it,  telephone +39 33 474 20477. Frescopunk provides the online shop and supports the seller with order acceptance, payment allocation, delivery, customer service and complaint handling, acting in the seller’s name and on the seller’s behalf.

2.3 Frescopunk’s involvement does not make Frescopunk the seller of the goods. Claims for delivery, repair or replacement under statutory rights, and refunds arising from the purchase of goods must be directed to the seller. Frescopunk’s own obligations and mandatory statutory liability, in particular any applicable manufacturer’s liability, remain unaffected.

2.4 Frescopunk is authorised by the seller to receive notices of withdrawal, notifications of defects and other declarations relating to the purchase of goods. Such declarations may be addressed directly to the seller or to Frescopunk using the contact details provided above. No additional declaration to the other recipient is required.

3.1 The presentation of products in the shop constitutes an invitation to place an order. It does not yet constitute a binding offer to sell. There is no entitlement to acceptance of an order.

3.2 Products, quantities and configurations can be reviewed and corrected in the shopping cart before the order is placed. By clicking the “order with obligation to pay” button or an equivalently and unambiguously labelled button, the buyer submits a binding offer to the selected seller.

3.3 Receipt of the order is acknowledged electronically without undue delay. This acknowledgement of receipt alone does not constitute acceptance unless it also expressly declares acceptance.

3.4 The seller may accept the offer within three calendar days of receiving the order. Acceptance occurs through an express order confirmation, a dispatch confirmation or a request for payment. If the seller initiates the final charge to the selected payment method during checkout, this also constitutes acceptance. A payment authorisation or a reservation of funds alone does not constitute acceptance. The first acceptance event to occur is decisive.

3.5 If no acceptance occurs within this period, the buyer is no longer bound by the offer. Any reservations of funds will be released without undue delay; payments received without a legal basis will be refunded without undue delay.

3.6 If, before acceptance, an order cannot be accepted on the terms ordered due to a pricing, data or availability error, the buyer will be informed. Any revised offer requires the buyer’s consent. Silence does not constitute consent. Once the contract has been concluded, unilateral changes to prices or contractual performance are excluded; statutory rights to challenge the contract and their legal consequences remain unaffected.

4.1 The contract may be concluded in the languages offered during checkout. The language version selected for the order will be provided with the contract confirmation. A translation does not restrict the buyer’s mandatory statutory rights.

4.2 The contract details, including product information, total price, delivery period, seller details and agreed configuration, together with these General Terms and Conditions, the withdrawal instructions and, where applicable, the relevant guarantee terms, will be provided to the buyer by email on a durable medium. The General Terms and Conditions can be saved and printed before the contract is concluded.

4.3 The contract data will be stored for the performance of the contract and to comply with statutory retention obligations. Where a customer account exists, the order information made available there can also be accessed. A permanent online archive is not guaranteed. Buyers should retain their own copies of the contract documents.

4.4 Accurate contact and delivery details must be provided for the processing of the order. Any identifiable errors and changes must be reported. An email is not deemed to have been received solely because it has been sent.

5.1 The prices displayed during checkout before the order is placed are in euros and include statutory VAT. Separately stated delivery costs and any expressly selected additional services are included in the total price before the order is placed. Any price per square metre is provided for comparison purposes; where products are sold in cartons, the price for the stated carton quantity applies.

5.2 The agreed total price applies to the concluded contract. Subsequent price changes in the shop do not affect it. Statutory rights to challenge the contract and their legal consequences remain unaffected.

5.3 The payment methods offered during checkout are available. Unless a different payment due date is agreed there, the purchase price is payable in advance upon conclusion of the contract. For bank transfers, the amount must be paid within seven calendar days of receipt of the payment request. Dispatch and production may be deferred until any advance payment due has been received.

5.4 Payments to a payment service provider expressly identified during checkout as authorised to receive payments, or to a duly authorised Frescopunk payment collection agent, discharge the payment obligation towards the seller to the extent of the amount paid. The seller remains the issuer of the invoice.

5.5 The statutory requirements and consequences apply in the event of payment default. Only necessary costs that are recoverable by law may be claimed. The buyer’s statutory defences, rights of set-off and rights of retention remain unaffected.

6.1 The agreed product characteristics and statutory requirements determine the goods to be supplied. These include, in particular, material, size, surface finish, quantity, suitability and technical properties. These General Terms and Conditions do not render product descriptions or legally relevant public statements generally non-binding.

6.2 Screen display, lighting and digital visualisation may affect the perception of colours, gloss and texture. Furniture, fittings and other furnishings shown in room images are not included in the delivery unless expressly ordered. These notices do not permit deviations from agreed characteristics or those required by law.

6.3 Variations in decorative patterns, shades and texture, as well as nominal and manufacturing dimensions, are described for each product. No general colour, dimensional or quantity tolerances that are not specified here apply. Deviations from the objective requirements are possible, provided that the buyer is specifically informed of the particular deviation before placing the order and that this deviation is expressly and separately agreed.

6.4 A sample shows only a section of the product and cannot fully represent the entire variation in decorative patterns or colours across a surface. The legal significance of a sample provided before the contract is concluded remains unaffected. Delivery from the same batch for subsequent orders is required only if expressly agreed.

6.5 Information on the website may be updated for future offers. Such updates do not alter contracts already concluded or the product information applicable to them.

7.1 The sales unit available to order and the area it covers are specified for each product. Where only full cartons are offered, the order quantity is set during checkout according to the stated carton quantity; the total quantity and price are displayed before the order is placed.

7.2 Dimensions, surface areas and design preferences entered by the buyer form the basis of automated quantity and design suggestions. These aids do not replace on-site measurements or a professional assessment of the substrate, installation plan, cutting waste or structural suitability. A specific allowance for cutting waste is guaranteed only where expressly agreed on an individual basis. This provision does not exclude responsibility for errors by the seller or in the tools it uses.

7.3 For individually designed goods, the design, orientation, dimensions, cut-outs, joint layout and other essential configuration details must be checked before the order is placed. If an additional production approval has been agreed, only the expressly approved version will be manufactured. Silence does not constitute approval. Approval does not release the seller from its obligation to manufacture the goods in accordance with the contract.

7.4 Subsequent changes to the agreed scope of supply at the buyer’s request require an agreement. Any additional costs and effects on the delivery date must be expressly agreed before implementation.

8.1 Delivery is made to the agreed address in Germany. Any additional delivery restrictions are displayed no later than at the start of the ordering process. There is no entitlement to delivery outside the offered delivery area unless specifically agreed.

8.2 Tiles are generally delivered on pallets by a freight carrier. The agreed standard delivery includes unloading at the kerbside at the delivery address. Transport into buildings, to individual floors or to the installation site, as well as installation, dismantling and disposal, are provided only if expressly ordered.

8.3 The delivery location must be accessible and suitable for the vehicle type and unloading method communicated in advance. Any particular local obstacles, such as access restrictions or a lack of paved unloading areas, must be reported insofar as they are known to the buyer. Additional services subject to a charge are provided only by agreement. Statutory claims arising from a breach of duty for which the buyer is responsible remain unaffected.

8.4 Partial deliveries are permitted provided that they can be put to meaningful use by the buyer, are reasonable for the buyer to accept, the remaining delivery is assured and no additional delivery costs arise. Designs that belong together will not be split across deliveries without consent in a way that impairs their intended use.

8.5 The seller bears the risk of accidental loss or damage during transport organised by the seller until the goods are handed over to the buyer or a person designated by the buyer as authorised to receive them. The statutory exception for a carrier independently commissioned by the buyer and not previously named by the seller remains unaffected. Transport insurance does not restrict the buyer’s rights.

9.1 The delivery period displayed during the ordering process before the order is placed is decisive. Any additionally communicated estimated delivery dates and time slots are provided for guidance only and do not constitute a separate guarantee of a delivery date or time. Any differing individual agreements take precedence.

9.2 Where advance payment has been agreed, the seller may withhold delivery until the payment due has been received. If delivery is delayed by a late payment for which the buyer is responsible or by the late provision of agreed, necessary information or approvals, the delivery date will be postponed by the duration of the actual disruption caused. The buyer must have been informed in good time of any actions required on their part.

9.3 The seller is not liable for delayed delivery or non-delivery insofar as the seller is not responsible for the underlying circumstances and is not subject to liability irrespective of fault. Section 10 additionally applies to unavailability and exceptional obstacles to delivery. The buyer will be informed of delivery delays as they become apparent.

10.1 The seller may withdraw from the contract due to non-delivery by its supplier if it has, in good time, entered into a binding procurement contract for the specific order matching the goods, quantity and delivery period, does not receive delivery from its supplier through no fault of its own, and the unavailability could not have been identified at the time the contract was concluded even with reasonable care. In the event of unavailability, the seller may offer the buyer a substitute product with comparable characteristics. The essential characteristics of the substitute product, differences from the product ordered and any changes to the total price and delivery period will be communicated in advance. Delivery of the substitute product requires the buyer’s express consent. Silence does not constitute consent.

10.2 The buyer will be informed of the unavailability without undue delay. If the seller withdraws from the contract under these conditions, payments received for the supply that will no longer be provided, including the corresponding delivery costs, will be refunded without undue delay. A substitute product will be delivered only with consent. This provision does not exclude the buyer’s statutory claims.

10.3 Exceptional events that were unforeseeable when the contract was concluded and could not have been prevented despite reasonable precautions may impede performance, such as natural disasters, war or government intervention. Any exemption from fault-based liability applies only to the extent of the actual impediment for which the seller is not responsible. Ordinary operational, staffing, IT or procurement problems do not constitute force majeure merely because they occur.

10.4 An impediment does not create an unlimited right to postpone delivery. The seller will provide information without undue delay, limit the consequences and, where appropriate, propose a new delivery period. If performance is impossible, the statutory rules governing release from the obligation to perform, refunds and withdrawal from the contract apply. The buyer’s claims remain available subject to Section 14.

11.1 If a duly offered delivery cannot be handed over for a reason attributable to the buyer, further arrangements will be coordinated with the buyer. Reimbursement of costs for an additional delivery attempt, necessary storage or return transport may be claimed only where the statutory requirements are met and only in a substantiated and reasonable amount.

11.2 No flat-rate contractual penalties or automatic restocking fees will be charged. Unwinding the contract due to a breach of duty is subject to the statutory requirements, including the setting of a deadline where required. Non-acceptance of delivery does not automatically constitute withdrawal; an unambiguous declaration of withdrawal remains possible.

12.1 To facilitate the prompt resolution of any issues, it is recommended that the quantity and packaging be checked upon delivery and that visible transport damage be photographed and recorded on the delivery note.

12.2 Before processing, the product, quantity, size, batch and visible condition should be checked. If any irregularities are apparent, it is recommended that installation of the affected goods be postponed and that the seller or Frescopunk be contacted. If the goods are installed despite a defect having already become apparent, entitlement to reimbursement of removal and reinstallation costs may be excluded under the statutory provisions.

12.3 Proper installation, suitable substrates, adhesives and grouting materials, and appropriate care are prerequisites for correct use. The seller’s liability for defects does not extend to defects or damage attributable exclusively to subsequent improper handling, unsuitable use or faulty workmanship where the causes lie outside the seller’s scope of responsibility.

13.1 In the event of defects, the buyer has statutory rights against the seller. The buyer is not required to first seek redress from the manufacturer, an insurer or Frescopunk.

13.2 The goods must be made available for examination of a defect to the extent required by law. The buyer may choose repair or replacement in accordance with the statutory provisions. The seller’s statutory rights, in particular the right to refuse a disproportionate form of repair or replacement, remain unaffected. Repair or replacement will be carried out within a reasonable period and without significant inconvenience.

13.3 The seller bears the costs of repair or replacement to the extent required by law. Costs of measures arranged by the buyer, whether directly or through third parties, will be reimbursed insofar as a statutory entitlement exists or the seller has agreed to bear the costs. The seller’s statutory rights to refuse repair or replacement, in particular on grounds of disproportionate costs, remain reserved.

13.4 Price reduction, withdrawal from the contract, damages and reimbursement of wasted expenditure are subject to the respective statutory requirements. Where required by law, the seller must first be given an opportunity to inspect the goods and to repair or replace them. Section 14 additionally applies to claims for damages.

14.1 The following limitations of liability do not apply to damage resulting from intentional or grossly negligent breaches of duty by the seller, its legal representatives or persons engaged to perform its obligations. They also do not apply to damage arising from loss of life, bodily injury or damage to health resulting from an intentional or negligent breach of duty by any of these persons. Claims arising from fraudulent concealment of a defect, under a guarantee given to the extent of its terms, under the German Product Liability Act (Produkthaftungsgesetz) and under § 122 of the German Civil Code (BGB), as well as any other mandatory statutory liability, remain unaffected.

14.2 In other cases of ordinary negligence, the seller is liable only for breach of an essential contractual obligation. These are obligations whose fulfilment is necessary for the proper performance of the contract and on whose observance the buyer may normally rely; they include delivery in accordance with the contract. In these cases, liability is limited to the damage foreseeable at the time the contract was concluded and typical of such a contract.

14.3 Liability for damages arising from breaches of non-essential contractual obligations caused by ordinary negligence is excluded.

14.4 Regardless of their legal basis, the above limitations also apply to claims arising from pre-contractual breaches of duty, incorrect information and tortious acts, as well as to reimbursement of wasted expenditure. They apply correspondingly for the benefit of the seller’s legal representatives, employees and persons engaged to perform its obligations.

14.5 Delayed delivery, non-delivery, errors in product information, loss of use or additional planning and contractor costs do not automatically give rise to liability. The statutory requirements for the respective claim and the above limitations apply in each case.

14.6 Claims for performance, statutory repair or replacement and the associated costs required to be borne by law, as well as rights to price reduction, withdrawal from the contract and refunds, are not restricted by these provisions governing liability for damages. Contributory negligence and mitigation of loss are taken into account in accordance with § 254 BGB.

15.1 Information on the statutory right of withdrawal, its exercise and its consequences is provided in the separate withdrawal information, including the model withdrawal form, at [Link to withdrawal information]. This information is made available before the order is placed and sent with the contract confirmation. The online withdrawal function is available at [Link to withdrawal function].

15.2 Under § 312g(2), point 1, of the German Civil Code (BGB), there is no statutory right of withdrawal for personalised goods if they are not prefabricated and their manufacture is determined by an individual choice or specification by the buyer, or if they are clearly tailored to the buyer’s personal needs.

15.3 Except as provided by statutory rights or expressly promised guarantee benefits, there is no general entitlement to return surplus, unneeded or incorrectly ordered goods. Voluntary acceptance of a return requires a separate agreement covering its scope, the condition of the goods, transport and any applicable payment. Statutory rights are not conditional upon prior return authorisation or the use of the original packaging.

16.1 Products covered by an additional guarantee are subject to the applicable guarantee terms provided before or at the time the contract is concluded, available at [Link to guarantee terms]. The guarantor is the contracting party identified in those terms. For the guarantee covering Frescopunk standard tiles, this is the selling specialist contractor.

16.2 Frescopunk may coordinate the handling of guarantee claims on behalf of the guarantor. This does not give rise to an additional guarantee by Frescopunk itself. Any guarantee expressly issued by Frescopunk in its own name remains unaffected.

16.3 The guarantee supplements statutory rights. In particular, statutory rights in the event of defects, their exercise free of charge and statutory entitlements to further remedies are not restricted by a guarantee limited in duration or scope. Returns and costs under a guarantee are governed by its terms; mandatory statutory claims remain independent of those terms.

17.1 The goods remain the seller’s property until the purchase price has been paid in full. The statutory consequences of combining, mixing or processing the goods remain unaffected.

17.2 The return of the goods may only be demanded where the statutory requirements are met. In particular, retention of title does not entitle the seller to enter premises without consent or to remove tiles already installed on its own authority.

18.1 A request for installation, on-site measurement, removal or other trade services submitted during the goods checkout does not in itself result in a contract for those works. It is forwarded to the selected specialist contractor for separate handling.

18.2 The scope of work, date and remuneration are agreed directly with the specialist contractor, who invoices these services separately. These services are not paid for through the goods checkout. Additional work and the associated costs require a corresponding agreement; mandatory statutory rules on remuneration remain unaffected.

19.1 The contracting party for the platform services governed by Part B is JIT TECHNOLOGIES SRL, hereinafter referred to as Frescopunk, whose contact details are set out in clause 2.2. These services include the provision, free of charge, of a customer account, available planning tools and the technical means to submit orders and enquiries.

19.2 The agreement for use of the platform is concluded when, after these terms have been made available, the user expressly agrees to their application to the platform services and either the customer account is created or the first order or enquiry is received by the system. Merely browsing the website does not create any payment obligation. Orders may also be placed without a customer account.

19.3 The platform agreement does not impose any obligation on Frescopunk itself to supply goods. Frescopunk performs the tasks relating to the processing of purchases described in Part A on behalf of the seller.

20.1 When creating a customer account, the required information must be provided accurately. Login credentials must be adequately protected; any apparent misuse must be reported to Frescopunk.

20.2 Frescopunk does not guarantee uninterrupted availability of all non-binding information and planning functions. Maintenance or security measures may require temporary restrictions; these measures are carried out with due regard to users’ interests.

20.3 Where there are specific indications of unlawful use, significant security risks or material breaches of contract, Frescopunk may temporarily restrict access to the extent necessary. The measure must be proportionate; the reason will be communicated and the user given an opportunity to comment, insofar as this is legally permissible and does not undermine the protection sought.

20.4 The user may have their customer account closed at any time. Frescopunk may terminate a free account agreement of indefinite duration by giving 30 days’ notice; the right to terminate for good cause remains unaffected. Mandatory statutory requirements governing changes to and termination of digital services take precedence. Ongoing contracts for the purchase of goods and the exercise of withdrawal rights, statutory rights in the event of defects and guarantee claims are not affected by account closure.

20.5 Insofar as statutory provisions governing digital products or other mandatory provisions governing platforms apply, the resulting rights and obligations concerning provision, updates, information and remedies remain unaffected.

21.1 The shop’s texts, images, designs and software may be used to select products and place orders through the functions provided. Rights of use granted by law remain unaffected. Any commercial exploitation of protected third-party content beyond this scope requires the necessary permission.

21.2 Users who upload their own designs, texts or other files must hold the rights and consents required for the intended use. The user grants Frescopunk and the seller a non-exclusive right of use limited to preparing, manufacturing, delivering and processing the order. This includes technically necessary adjustments and sharing the files with service providers engaged for these purposes. Use for general advertising is not included.

21.3 The user is liable in accordance with statutory provisions for infringements of rights resulting from their own uploads for which they are at fault. No indemnity irrespective of fault, payment on first demand or assumption of liability for all claims asserted by third parties is agreed. Any contributory fault on the part of Frescopunk or the seller must be taken into account.

21.4 Automated and, where applicable, AI-assisted visualisations serve as design previews. Unless separately agreed, there is no obligation to grant an exclusive right to a generated design or to carry out an architectural, structural engineering or other professional assessment of the specific project. Agreed product characteristics, rights of use owed under the contract and responsibility for defects in one’s own performance remain unaffected.

21.5 Information on the processing of personal data is available at [Link to privacy policy]. These terms and conditions do not replace any consent required for advertising, tracking or additional use of customer files.

22.1 The limitations of liability and exceptions in clause 14 apply correspondingly to Frescopunk’s liability for damages, with Frescopunk taking the place of the seller and the user taking the place of the buyer. Essential contractual obligations within the meaning of clause 14.2 are those obligations whose fulfilment is necessary for the proper performance of the platform agreement and on whose observance the user may normally rely. The seller’s obligations arising from the purchase of goods do not thereby become Frescopunk’s own contractual obligations.

22.2 For general website information, Frescopunk gives no guarantee of accuracy, completeness or being up to date beyond the agreed services and statutory obligations.

22.3 The providers of linked external websites are generally responsible for their content. Frescopunk’s liability to the user for damage connected with linked content or content processed by service providers is governed by the limitations of liability and exceptions in clause 22.1

23.1 Both contractual relationships are governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law does not deprive consumers of the protection afforded by mandatory provisions of the law of their country of habitual residence to which they would be entitled in the absence of a choice of law.

23.2 The statutory rules on jurisdiction apply. No exclusive jurisdiction at the seller’s or Frescopunk’s place of business is agreed with consumers.

23.3 Neither the seller nor Frescopunk is obliged or willing to participate in dispute resolution proceedings before a consumer dispute resolution body.

23.4 Contacting customer service or pursuing out-of-court dispute resolution is not a prerequisite for bringing claims before a court. Any information required by law after a dispute has arisen will also be provided.

24.1 Amendments to these terms and conditions apply to future contracts once duly incorporated into them. Existing purchase contracts will not be amended unilaterally. Amendments to an ongoing platform agreement require an agreement or a separate valid statutory basis; silence does not generally constitute consent.

24.2 If individual provisions are invalid or have not become part of the contract, the statutory provisions apply in their place. The remaining contractual provisions remain effective in accordance with the law. An invalid clause is not automatically narrowed to the maximum scope permitted by law.