Akzentlicht Matrix

Legal · General Terms & Conditions

Terms & Conditions.

General Terms of Sale, Delivery and Services of AKZENTLICHT Innovations GmbH & Co. KG. Applicable exclusively to transactions with businesses, legal entities under public law, and special funds under public law. Last updated: May 2026.

The legally binding version of these terms is the German AGB under § 305 ff. BGB. This English translation is provided as a courtesy. In case of divergence, the German text prevails.

§ 1

Scope

  1. The following General Terms of Sale, Delivery and Services (hereinafter "Terms") apply exclusively to all legal relationships between AKZENTLICHT Innovations GmbH & Co. KG (hereinafter "Akzentlicht") and the customer in connection with deliveries and/or services. They also apply to all future business relationships without the need for renewed inclusion.
  2. These Terms apply exclusively to entrepreneurs (§ 14 German Civil Code), legal entities under public law, and special funds under public law.
  3. The customer's general terms and conditions do not become part of the contract, even if Akzentlicht does not expressly object to them. They apply only if Akzentlicht expressly agrees to them in writing.
  4. Verbal side agreements, additions, or amendments require written or textual confirmation by Akzentlicht (§ 126b German Civil Code) to be effective.

§ 2

Offer, Conclusion of Contract, Documents

  1. Offers by Akzentlicht are non-binding unless they are expressly designated as binding.
  2. Orders placed by the customer are binding contractual offers. The contract is concluded upon Akzentlicht's order confirmation in text form or upon actual execution of the delivery.
  3. The order confirmation issued by Akzentlicht in text form is decisive for the content and scope of deliveries and services. Orders placed via Akzentlicht's online configurator are subject to the additional provisions of § 10.
  4. All technical data in catalogues, data sheets, configurator outputs, and other sales documents are prepared with care. In the event of obvious errors, printing errors, or calculation errors, subsequent corrections are reserved. Customary trade tolerances and product-specific tolerances (in particular regarding light colour, luminous flux, dimensions, and material colours) are permissible.
  5. Akzentlicht retains all property rights and copyrights to cost estimates, drawings, lighting calculations, Revit families, CAD and LDT files, and other documents. These documents may only be made accessible to third parties with prior written consent and must, if the order is not placed, be returned or destroyed immediately upon request.

§ 3

Prices

  1. The prices stated in the order confirmation are binding. In the absence of a price specification, the price list valid at the time of contract conclusion applies.
  2. All prices are in Euros, net ex works (EXW Düsseldorf, Incoterms 2020), including customary packaging, plus statutory value-added tax at the applicable rate.
  3. For orders with a net value of at least EUR 1,500, delivery within Germany is made carriage paid to the construction site or delivery point. For deliveries below this value, a shipping and handling fee is charged.
  4. For orders with a net value below EUR 50, Akzentlicht charges a minimum order surcharge of EUR 10.
  5. If material cost factors (in particular raw materials, energy, freight rates, or customs duties) increase by more than 10 % between contract conclusion and delivery, Akzentlicht is entitled to adjust the price appropriately, provided that more than four months lie between contract conclusion and delivery.

§ 4

Delivery & Lead Times

  1. Delivery deadlines are non-binding unless expressly designated as binding in the order confirmation. The delivery period begins only once all technical questions have been clarified, all documents, approvals, and releases to be provided by the customer have been submitted, and the agreed down payment has been received.
  2. Akzentlicht is entitled to make partial deliveries to a reasonable extent.
  3. In case of a culpable delay in delivery binding on Akzentlicht, the customer may — provided he credibly demonstrates that he has suffered damage as a result — claim a default compensation of 0.5 % for each completed week of delay, but no more than 5 % of the net value of the delivery affected by the delay. Further claims are excluded subject to § 9.
  4. If dispatch or handover is delayed by more than two weeks after notification of readiness to ship at the customer's request or for reasons attributable to the customer, Akzentlicht may charge storage fees of 0.5 % of the net value per commenced month, capped at a total of 5 %. Proof of higher or lower storage costs remains reserved for both parties.

§ 5

Transfer of Risk & Shipping

  1. The risk of accidental loss and accidental deterioration passes to the customer upon handover of the goods to the carrier, but no later than upon leaving Akzentlicht's plant or warehouse. This also applies in the case of carriage-paid delivery.
  2. If shipping is delayed for reasons attributable to the customer, the risk passes to the customer upon notification of readiness to ship.
  3. Akzentlicht is entitled to choose the means and route of transport at its reasonable discretion.
  4. At the written request of the customer, the delivery will be insured at the customer's expense against transport, breakage, and theft damage.
  5. The customer may not refuse acceptance of the delivery on grounds of insignificant defects.

§ 6

Payment Terms

  1. Invoices are payable net within 30 days from the invoice date. For payment within 8 days from the invoice date, Akzentlicht grants a 2 % discount on the net value of the goods.
  2. For custom orders (§ 10) and for orders exceeding EUR 25,000 net, Akzentlicht is entitled to require a down payment of 30 % upon order placement and a further 30 % upon commencement of production.
  3. Payments are to be made in Euros to the account stated on the invoice. Payment is deemed effected only when Akzentlicht can dispose of the amount.
  4. In the event of default in payment, the customer owes default interest of 9 percentage points above the base rate pursuant to § 247 German Civil Code. The right to claim further damages caused by default remains reserved.
  5. The customer is entitled to set-off only insofar as his counterclaims are legally established, undisputed, or recognised by Akzentlicht. The customer is entitled to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.
  6. Akzentlicht is entitled to send invoices electronically by e-mail. The customer consents to this procedure.

§ 7

Retention of Title

  1. The delivered goods (hereinafter "Reserved Goods") remain the property of Akzentlicht until all claims arising from the ongoing business relationship with the customer have been fully satisfied.
  2. During the existence of the retention of title, the customer is prohibited from pledging or assigning the goods as security. In the event of seizures, confiscations, or other dispositions by third parties, the customer must inform Akzentlicht immediately and provide all information necessary to assert ownership rights.
  3. The customer is entitled to resell the Reserved Goods in the ordinary course of business. The customer hereby assigns to Akzentlicht as security all claims arising from such resale against third parties in the amount of the invoice value (including VAT). Akzentlicht accepts this assignment.
  4. In the event of processing, combination, or mixing of the Reserved Goods with other items, Akzentlicht acquires co-ownership of the new item in proportion to the invoice value of the Reserved Goods compared with the value of the other goods at the time of processing.
  5. If the value of the security to which Akzentlicht is entitled exceeds the secured claims by more than 20 %, Akzentlicht will release security to a corresponding extent at the customer's request.
  6. In the event of breach of contract by the customer, in particular default in payment, Akzentlicht is entitled — after the expiry of a reasonable grace period without success — to withdraw from the contract and reclaim the Reserved Goods. The customer is obliged to return them.

§ 8

Warranty for Defects

  1. The customer's warranty claims are subject to the proper fulfilment of his inspection and notification obligations under §§ 377, 381 German Commercial Code. Obvious defects — including incorrect or short delivery — must be reported in text form within 10 working days of delivery. Hidden defects must be reported within 10 working days of discovery.
  2. Defect notifications must be sent to: reklamation@akzentlicht.de
  3. In the event of a justified defect notification, Akzentlicht is entitled, at its own choice, to remedy the defect or to make a replacement delivery. The customer must give Akzentlicht the time and opportunity necessary for subsequent performance, in particular to hand over the goods complained of for inspection.
  4. If subsequent performance fails twice or is unreasonable, the customer may withdraw from the contract or reduce the price. Claims for damages exist subject to § 9.
  5. By way of derogation from statutory regulations, the warranty period is 5 years from delivery for the technical service life of the luminaire as stated in the data sheet (in particular for LED modules and drivers). For all other defects, the warranty period is 24 months from delivery. For building materials, the statutory five-year period under § 438 (1) no. 2 German Civil Code applies.
  6. A voluntary, non-binding repair commitment of 10 years from delivery for repair services is explained in the respective product data sheet. This voluntary repair commitment does not extend the statutory warranty.
  7. Warranty claims do not exist in the case of insignificant deviation from the agreed quality or insignificant impairment of usability, natural wear and tear, damage due to incorrect or negligent handling, excessive stress, unsuitable operating equipment, defective construction work, unsuitable ground, or particular external influences not contemplated by the contract. If the customer or third parties make improper modifications, installation, removal, or repair work, no warranty claims exist for such work or its consequences.
  8. Supplier recourse claims under §§ 445a, 445b German Civil Code only exist insofar as the customer has not made any agreements with his customer that go beyond the statutory warranty rights.

§ 9

Liability for Damages

  1. Claims for damages by the customer, regardless of legal grounds — in particular for breach of contractual duties and tort — are excluded.
  2. This does not apply insofar as mandatory liability exists:
    • under the Product Liability Act,
    • for intent,
    • for gross negligence by owners, legal representatives, or executive employees,
    • for fraudulent intent,
    • for breach of a guarantee or assured characteristic,
    • for culpable injury to life, body, or health,
    • for culpable breach of material contractual obligations (cardinal duties).
  3. The claim for damages for breach of material contractual obligations is limited to typical, foreseeable damage under the contract, unless another case under no. 2 applies.
  4. The above provisions do not entail any change in the burden of proof to the detriment of the customer.

§ 10

Configurator Orders & Custom Production

  1. Orders placed via the Akzentlicht online configurator are based on the options, technical data, and prices selected in the configurator at the time. Data sheets, LDT, and CAD files generated by the configurator are binding components of the contractual offer.
  2. Configurator orders containing customer-specific selections (e.g. special colours, special sizes, integrated sensors, customer-specific labelling) qualify as custom production within the meaning of § 650 German Civil Code.
  3. For custom production, the following additional provisions apply:
    1. Down payments pursuant to § 6 no. 2;
    2. Cancellations or returns are excluded (§ 12 no. 2);
    3. Production-related over- or under-deliveries of up to 5 % of the ordered quantity are permissible and will be invoiced as actually delivered;
    4. Lead times are extended by the preparation period required for custom production, which will be stated in the order confirmation.
  4. Bespoke projects under the GEWERKLICHT brand (engineering-to-order) are handled on the basis of an individual quotation supplementing these Terms; in the event of conflicts, the individual quotation prevails.

§ 11

REVIVE Renovation Services

  1. The following provisions apply additionally to lighting renovation services under the REVIVE brand.
  2. Renovation services typically include: stock survey and risk analysis, photometric measurement in an integrating sphere, design of a suitable renovation kit including 3D-printed brackets, issuance of a new declaration of conformity pursuant to the EU Blue Guide 2022, and provision of an installation manual.
  3. The new declaration of conformity refers to the renovated luminaire assembly as a whole. Akzentlicht assumes responsibility as the manufacturer of the renovated luminaire assembly in accordance with the relevant regulations (in particular the German Product Safety Act, New Legislative Framework, EMC Act, and Electrical and Electronic Equipment Act).
  4. The renovation commitment is conditional upon the supplied existing luminaire matching the characteristics documented in the risk report and not exhibiting damage attributable to the customer that prevents proper renovation. If, after receipt of the existing luminaire, it transpires that economic renovation is not possible, Akzentlicht is entitled to withdraw from the renovation order; analysis and measurement costs already incurred will be invoiced pro rata.
  5. The renovation kit is delivered ready for installation to the delivery address designated by the customer. Professional installation by a qualified electrician is the customer's responsibility.

§ 12

Returns & Cancellation

  1. Partial or complete cancellation of an order by the customer requires the prior written consent of Akzentlicht. If consent is granted, Akzentlicht is entitled to invoice 30 % of the net order value to cover incurred costs. Proof of higher or lower costs remains reserved to both parties.
  2. Cancellations and returns are excluded for: custom production (§ 10), configurator orders with customer-specific options, REVIVE renovation kits (§ 11), signage and safety luminaires, customer-procured LED modules, batteries, and electronic control gear.
  3. The return of defect-free standard goods requires Akzentlicht's prior written consent. A credit note is issued only for goods in original packaging, in saleable and undamaged condition, in an amount of no more than 70 % of the net invoiced price. Transport, refurbishment, and packaging costs are borne by the customer. Returns are at the customer's risk.

§ 13

Industrial Property & Defects of Title

  1. Akzentlicht is obliged to provide the delivery free from infringement of industrial property rights and copyrights of third parties in the country of delivery.
  2. If claims are brought against the customer due to an infringement of property rights attributable to Akzentlicht, Akzentlicht will, at its own choice and at its own expense, either obtain a right of use, modify the delivery so that the property right is not infringed, or replace the delivery. If this is not possible under reasonable conditions, the customer is entitled to the statutory rights of withdrawal or price reduction.
  3. Claims of the customer are excluded insofar as the infringement of property rights was caused by the customer's specifications, by an unforeseeable application, or by a modification of the delivery made by the customer.

§ 14

WEEE & Disposal

  1. Akzentlicht is registered under the German Electrical and Electronic Equipment Act (ElektroG) with WEEE Reg. No. DE 1841736 and for packaging under Interseroh No. 137699.
  2. The commercial customer undertakes to ensure the disposal of the delivered products in accordance with the provisions of the ElektroG. In the event of resale, the customer transfers this obligation to its contractual partner. For EU customers outside Germany, the respective national implementations of the WEEE Directive apply.

§ 15

Force Majeure & Disruptions

  1. Force majeure and other unforeseeable, extraordinary events not attributable to Akzentlicht (in particular war, acts of terrorism, civil unrest, natural disasters, pandemics, strike, lock-out, energy and raw material shortages, governmental orders, cyber attacks, failure of suppliers despite congruent hedging) extend delivery periods appropriately.
  2. If events under no. 1 substantially change the economic significance or content of the delivery or have a substantial impact on Akzentlicht's operations, the contract will be adjusted appropriately under the principle of good faith. Insofar as this is economically unreasonable, Akzentlicht is entitled to withdraw from the contract.

§ 16

Performance Reservation & Export Controls

  1. Performance of the contract is subject to the proviso that no obstacles arising from German, US, or other applicable national, EU, or international regulations on foreign trade and no embargoes or other sanctions stand in the way.
  2. The customer is obliged to provide all information and documents required for export, transfer, or import. If required export licences are not granted or cannot be used, Akzentlicht is entitled to withdraw from the contract.

§ 17

Final Provisions

  1. Applicable Law: The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. Jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is Düsseldorf, Germany. Akzentlicht is, however, also entitled to sue at the customer's general place of jurisdiction.
  3. Place of Performance: The place of performance for all services arising from this contract is Düsseldorf, Germany, unless otherwise agreed.
  4. Data Protection: Personal data is processed by Akzentlicht in accordance with the Privacy Policy.
  5. Severability: Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.
  6. Amendments: Akzentlicht is entitled to amend these Terms unilaterally insofar as this is necessary to eliminate subsequently arising imbalances or to adapt to changed legal or technical conditions. Akzentlicht will notify the customer of any amendment, including the amended wording, by e-mail to the last known address of the customer. The amendment becomes part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notice of amendment. Akzentlicht will specifically draw attention to this period and its consequences in the notice of amendment.

Status: May 2026 · AKZENTLICHT Innovations GmbH & Co. KG, Bonner Straße 317, 40589 Düsseldorf, Germany · HRA 21746 · VAT ID DE279624995