General Terms and Conditions (T&Cs)
This is a convenience translation of our German terms and conditions. If the two versions differ, the German version applies.
Part A (§ 1 to § 12) applies to all customers. Part B (Special terms for business customers and contract production) applies in addition and with priority to business customers only.
Part A – General terms
§ 1 Scope
These General Terms and Conditions apply to all contracts between Laura Korthaus (COLB), Haasestraße 8, 10245 Berlin, Germany, email: colb.creations@gmail.com (the “Provider”) and customers for the manufacture and delivery of furniture and for interior design services.
A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity (§ 13 of the German Civil Code (BGB)). A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the legal transaction (§ 14 BGB). Business customers within the meaning of these T&Cs are businesses, legal entities under public law and special funds under public law.
Part A applies to all customers. In addition and with priority, the special terms in Part B apply to business customers. Part B does not apply to consumers. Provisions in Part A that expressly apply only to consumers or only to businesses are marked as such.
Conflicting terms of the customer are not recognised unless the Provider expressly agrees to them in writing.
§ 2 Conclusion of contract
The presentation of products and services on this website is not a legally binding offer but an invitation to the customer to submit a non-binding enquiry (invitatio ad offerendum).
On the basis of the customer’s enquiry, the Provider prepares an individual offer stating price, configuration and expected delivery time and sends it by email. This offer by the Provider is the legally binding offer within the meaning of § 145 of the German Civil Code (BGB). The validity period stated in the offer is decisive and takes precedence over these terms. Only if the offer does not state a validity period does the Provider remain bound by the offer for 14 days from the date of the offer.
The contract is concluded only when the customer expressly confirms this offer in text form (e.g. by email).
For business customers, B2 applies instead.
§ 3 Prices and payment
All prices stated are final prices. As the Provider is a small business under § 19 of the German VAT Act (UStG), no VAT is charged or shown.
Price and payment terms are set out in the offer. Unless the offer provides otherwise, the full purchase price is due after the contract is concluded and before production begins (payment in advance); this applies both to standard Cubes (the models Cube 30, 40, 45 and 60 that can be configured on the website) and to custom-made pieces (e.g. dining tables, sideboards, special formats).
For business customers, B5 applies in addition and with priority.
§ 4 Delivery, delivery time and shipping costs
For business customers, B6 and B7 apply in addition and with priority.
The expected delivery time is stated in the individual offer. For custom-made pieces, production usually takes 3–6 weeks after order confirmation and receipt of payment.
The Provider delivers within Germany and to other countries of the European Union. Shipping costs are charged per item; each Cube is shipped individually. Within Germany they are €10 for each Cube 30, €15 for each Cube 40 and Cube 45 and €20 for each Cube 60. For deliveries to the rest of the EU, shipping costs depend on the destination country and the Cube size and start at €20 per item; the amounts applicable to each destination country and Cube size are set out in the shipping cost overview, which forms part of these T&Cs. Shipping costs are stated in the individual offer before the contract is concluded. For custom-made pieces that are shipped by freight forwarder because of their size and weight, the actual shipping costs are, by way of derogation, calculated individually in the offer.
Inspection on delivery and transport damage. Please inspect the shipment on delivery for external damage to the packaging. If the packaging shows visible damage, we ask you to
- accept the shipment only under reservation (or refuse to accept it) and have the delivery person note the damage in writing on the delivery note or the delivery device right at handover,
- photograph the damaged packaging already at handover, if possible in the presence of the delivery person, and then also the goods when unpacking, in each case including the outer packaging, the shipping label and the damage, and
- keep the packaging until the matter has been resolved.
We ask you to report transport damage and any other visible damage to the goods within seven days of delivery in text form (email to colb.creations@gmail.com), attaching the photos. This period serves to allow us to claim the damage from the carrier promptly, as carriers often process damage claims only within short time limits. Your statutory rights, in particular your rights in respect of defects under § 6, remain unaffected. A later report does not result in the loss of your rights; however, it may make it harder to clarify and prove the damage. We will consider reports made after this period on a case-by-case basis.
If the customer is a business, the following applies instead: the customer must inspect the goods without undue delay after delivery. Externally visible damage, including transport damage, must be notified to the Provider in text form within seven days of delivery; § 377 of the German Commercial Code (HGB) remains unaffected.
Delivery periods and dates are binding only if the Provider expressly designates them as binding in the offer; otherwise they are expected delivery times. If the Provider is in default of delivery, consumers have their statutory rights, in particular withdrawal after a reasonable additional period has expired without result, and damages in accordance with the statutory provisions. For business customers, delays entitle the customer to withdraw only in accordance with B6.
§ 5 Retention of title
The delivered goods remain the property of the Provider until paid in full. For business customers, B8 applies instead.
§ 6 Liability for defects and warranty
The statutory rights in respect of defects apply. The warranty period is two years from delivery. Information on transport damage can be found in § 4. For business customers, B9 applies instead.
Handmade pieces and natural materials may show slight irregularities that make up the character of the product and do not constitute a defect. Colour differences between the display on a screen and the actual product are possible and do not constitute a defect.
§ 7 Right of withdrawal
The right of withdrawal described in this section is available to consumers only. Businesses and other business customers have no statutory right of withdrawal or return. For contracts for interior design services, the withdrawal instructions in § 8 apply.
For custom-made pieces manufactured to the customer’s specifications (individual dimensions, special formats) there is no right of withdrawal under § 312g (2) no. 1 BGB, as these are goods clearly tailored to the customer’s personal requirements.
The same applies to individually configured standard Cubes: every configured COLB Cube is made specifically for the customer only after the customer’s individual selection of tile type, Cube size, tile format, tile colour or wood design, and grout colour. The chosen combination is processed permanently and cannot subsequently be changed without damage, considerable effort or having to be remade. For individually configured Cubes there is therefore, pursuant to § 312g (2) no. 1 BGB, likewise no statutory right of withdrawal. The statutory rights in the event of defects, transport damage, incorrect execution or deviations from the agreed configuration remain unaffected (see § 6).
For Cubes that are already finished, standardised or marked as “available immediately” – that is, unique pieces with a fixed, already produced colour and grout combination that are not made only after individual customer selection – the statutory right of withdrawal applies, in accordance with the following instructions.
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. If you have ordered several goods in a single order and they are delivered separately, the withdrawal period will expire after fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last of the goods.
To exercise the right of withdrawal, you must inform us (Laura Korthaus (COLB), Haasestraße 8, 10245 Berlin, Germany, email: colb.creations@gmail.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Laura Korthaus (COLB), Haasestraße 8, 10245 Berlin, Germany, email: colb.creations@gmail.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
Ordered on (*) / received on (*) / contract concluded on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
§ 8 Interior design services
Room concepts and design services are provided on the basis of individual agreements. Scope, fees and delivery dates are set out in writing in the offer.
Concepts and designs created remain the property of the Provider until paid in full. The rights of use pass to the customer upon full payment.
Withdrawal instructions for services (interior design, room concepts – consumers only)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Laura Korthaus (COLB), Haasestraße 8, 10245 Berlin, Germany, email: colb.creations@gmail.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form in § 7, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Expiry of the right of withdrawal
Your right of withdrawal expires in the case of a contract for services once we have fully performed the service, provided we began performance only after you gave your express consent and at the same time acknowledged that you will lose your right of withdrawal once the contract has been fully performed by us. We obtain this consent and acknowledgement in text form together with the offer; without it, we do not begin performance before the withdrawal period has expired.
For business customers, B2, B3, B5, B11 and B12 apply in addition and with priority.
§ 9 Limitation of liability
The Provider is liable without limitation for intent and gross negligence, for fraudulent concealment, for injury to life, body or health, under the German Product Liability Act, where a guarantee has been given, and in all other cases in which liability is mandatory by law.
In the case of slightly negligent breach of material contractual obligations (cardinal obligations – obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded. Statutory rights in respect of defects remain unaffected (see § 4 and § 6).
For business customers, B10 applies instead.
§ 10 Governing law and jurisdiction
The law of the Federal Republic of Germany applies. In relation to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence. The place of jurisdiction for all disputes is Berlin if the customer is a merchant, a legal entity under public law or a special fund under public law. For business customers, B15 also applies (exclusion of the UN Convention on Contracts for the International Sale of Goods).
§ 11 Dispute resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
Should any provision of these T&Cs be invalid, the validity of the remaining provisions remains unaffected. The German version prevails.
Part B – Special terms for business customers and contract production
The terms of this Part B apply exclusively to business customers (see § 1) and take precedence over the provisions of Part A.
B1 Scope, precedence, rejection of conflicting terms
(1) Part B applies only to business customers, not to consumers. Part A applies in addition; in the event of conflict, Part B prevails.
(2) These T&Cs also apply to all future orders and repeat orders of the business customer without having to be incorporated again.
(3) Conflicting or deviating terms of the customer, in particular purchasing, supply and quality terms, do not become part of the contract, not even by silence or by unreserved performance of the order. They apply only if the Provider has expressly agreed to them in text form.
(4) Individual agreements in text form take precedence over these T&Cs.
B2 Offer, conclusion of contract
(1) The Provider’s offers are non-binding unless expressly designated as binding. Binding offers are valid for 14 days from the date of the offer, unless the offer states otherwise.
(2) An order by the customer is an offer by which the customer is bound for four weeks. The contract is concluded by the Provider’s order confirmation in text form, at the latest when performance begins.
(3) The order confirmation is decisive for the content of the contract. If the customer does not object without undue delay, at the latest within five working days, it is deemed approved.
(4) Samples, illustrations, line sheets, catalogue information and dimensions are only approximate. Collateral agreements require text form.
B3 Specification, cooperation, approval, changes
(1) The customer provides complete and correct specifications in good time (dimensions, plans, quantities, colours, logos, installation situation) and is responsible for their correctness and for their suitability for the intended use. The Provider only checks plausibility. The Provider does not check structural engineering, building regulations, standards, fire protection or approvals.
(2) The customer approves samples, designs and visualisations in text form. From approval, the approved version is decisive; objections to an execution that corresponds to the approval are excluded.
(3) Changes after the order confirmation require the Provider’s consent in text form. The customer bears additional costs, and deadlines are extended appropriately. The Provider charges additional effort at its current hourly rate.
(4) Missing or late cooperation extends deadlines and entitles the Provider to charge the resulting additional costs.
(5) Design, sample and planning services are chargeable unless expressly promised free of charge.
B4 Quality, handcraft, tolerances, suitability
(1) The Provider’s products are handmade and consist of natural and purchased materials. Deviations in colour, gloss, dimensions, surface and grout pattern within what is usual for handcraft are not a defect. This also applies in relation to samples, earlier deliveries and repeat orders (batch variations).
(2) In series and contract production, over- or under-deliveries of up to ±10 % are permitted; invoicing is based on the quantity actually delivered.
(3) If agreed materials or components are not available, the Provider may supply equivalent substitutes. In the event of a significant visual or functional deviation, the Provider will consult the customer.
(4) The products, including the ceramic products, are by default intended only for indoor use and for ordinary use in accordance with the care instructions (wood tiles additionally only in dry conditions). Suitability for outdoor use, commercial continuous load, special environmental conditions or other special uses exists only if the Provider has expressly agreed it in the order confirmation as a special version.
B5 Prices and payment
(1) All prices are net prices plus packaging, freight, insurance, customs duties and other charges. As long as the Provider applies the small business rule under § 19 of the German VAT Act (UStG), no VAT is shown; if VAT becomes payable in future, it will be charged additionally at the statutory rate.
(2) The entire order value is payable in advance within 7 days of the invoice and before procurement of materials and production begin. For large orders, the Provider may instead agree in the offer: 50 % down payment within 7 days of the order confirmation and the balance before delivery or release for shipping. In that case, procurement of materials and production begin only after receipt of the down payment. Payment terms apply only if expressly agreed in text form.
(3) Set-off against the Provider’s payment claims is permitted only with undisputed or finally adjudicated claims. A right of retention exists only under the same contractual relationship.
(4) In the event of default in payment, the Provider charges interest at the statutory rate (§ 288 (2) BGB) and the lump sum under § 288 (5) BGB and suspends production and delivery until payment is received.
(5) If there are justified doubts about the customer’s ability to pay, the Provider may demand payment in advance or security and withhold performance.
(6) If the costs of materials, freight or customs duties increase by more than 5 % before delivery, or if delivery is delayed by more than three months for reasons for which the Provider is not responsible, the Provider may adjust the price appropriately to the extent of the cost increase.
(7) The customer may assign claims against the Provider only with the Provider’s consent.
B6 Delivery, deadlines, passing of risk, default of acceptance
(1) Delivery is ex works Berlin (EXW, Incoterms 2020). The Provider determines the mode and route of shipping at its reasonable discretion; shipping is at the customer’s cost and risk, and transport insurance is provided only on request. The flat-rate shipping charges under § 4 do not apply to business customers.
(2) Risk passes to the customer on handover to the carrier, at the latest when the goods leave the workshop. If shipping is delayed for reasons for which the customer is responsible, risk passes on notification that the goods are ready for shipping.
(3) Delivery dates and periods are binding only if the Provider has expressly confirmed them as “binding” in text form. They do not begin before all details have been clarified, the specification and sample have been approved, the down payment or advance payment has been received, and all materials supplied by the customer have been received.
(4) Force majeure and circumstances beyond the Provider’s control (in particular shortage of raw materials, failure of upstream suppliers, strikes, transport disruptions, official measures, epidemics) extend deadlines appropriately. If they last longer than three months, either party may withdraw from the contract for the part not yet performed.
(5) Correct and timely supply to the Provider remains reserved. If the goods are not available despite timely procurement, the Provider may withdraw from the contract. It will inform the customer without undue delay and refund payments already made.
(6) Partial deliveries and partial performance are permitted where reasonable and are invoiced separately.
(7) In the event of late delivery, the Provider is liable only after a reminder and an appropriate grace period of at least three weeks. Damage caused by delay is lump-summed at 0.5 % for each full week, at most 5 % of the net price of the delayed part; the customer remains free to prove a lower loss. Further claims are governed by B10.
(8) If the customer does not take delivery of the goods within 7 days of notification that they are ready for shipping, or does not call them off, the Provider may store them at the customer’s cost and risk (storage costs 0.5 % of the value of the goods per week). After an unsuccessful grace period, the Provider may dispose of the goods otherwise or withdraw from the contract and claim damages; for custom-made items, the Provider may claim the full price less saved expenses.
B7 Inspection, notice of defects, acceptance
(1) The customer inspects the goods without undue delay after delivery. Obvious defects and transport damage must be notified in text form within 7 days of delivery, hidden defects within 7 days of discovery. Transport damage must also be noted on the delivery note or consignment note. If notice is not given, the goods are deemed approved (§ 377 of the German Commercial Code (HGB); agreed also for business customers who are not merchants).
(2) Processing, laying or installation despite a recognisable defect excludes warranty rights to that extent.
(3) Where law on contracts for work applies, the performance is deemed accepted if the customer does not refuse it because of material defects within 7 days of its being made available, or puts it to use.
B8 Retention of title
(1) The goods remain the property of the Provider until all claims arising from the business relationship, including future and conditional claims, have been paid in full.
(2) Processing is carried out for the Provider as manufacturer. In the case of combination or mixing with other items, the Provider acquires co-ownership in proportion to the invoice values.
(3) The customer may resell or install the goods in the ordinary course of business. The customer hereby assigns to the Provider the resulting claims (including claims for payment for work arising from installation) in the amount of the invoice value of the goods. The authorisation to collect is revocable in the event of default in payment.
(4) Access by third parties to the goods must be reported to the Provider without undue delay. The customer bears the costs of legal defence unless the third party reimburses them.
(5) In the event of conduct in breach of contract, in particular default in payment, the Provider may demand the return of the goods.
(6) If the realisable value of the security exceeds the Provider’s claims by more than 10 %, the Provider will release security on request at its option.
(7) The customer insures the goods at its own cost against fire, water and theft and assigns claims under the insurance to the Provider.
B9 Warranty
(1) Only the quality described in the order confirmation, the approved specification or the approved sample is decisive. Statements on the website, in line sheets, catalogues, photos or advertising are not an agreement on quality. Guarantees apply only if the Provider expressly declares them as a “guarantee” in text form.
(2) The Provider provides subsequent performance at its option by repair or by replacement delivery or remanufacture. Subsequent performance has failed only after two unsuccessful attempts. For custom-made items, the appropriate period is at least 4 weeks. The customer grants time and opportunity; goods are returned only after release by the Provider.
(3) The Provider bears the costs of subsequent performance (transport, labour, material) up to the net price of the goods concerned. Costs of removal and installation are reimbursed only insofar as the goods had been installed as intended, and at most up to the net price of the goods concerned.
(4) Withdrawal and price reduction are possible only after subsequent performance has failed; there is no right of withdrawal for an insignificant defect.
(5) Claims are excluded in the case of natural wear and tear, improper storage, laying, installation, grouting, cleaning or use (in particular moisture in the case of wood, thermal or mechanical overload), failure to observe the care instructions, interference or repairs by third parties, and defects based on specifications or materials supplied by the customer.
(6) Warranty claims become time-barred 12 months after delivery. This does not apply in the case of intent, fraudulent concealment, injury to life, body or health, under the Product Liability Act, in the case of guarantees, and for recourse claims under §§ 445a, 445b BGB. If the goods were used for a building in accordance with their usual manner of use and caused its defectiveness, the statutory period applies.
(7) The customer’s recourse claims exist only if the customer has fulfilled its inspection and notification duties and has not made goodwill or guarantee commitments to third parties without the Provider’s consent.
B10 Liability
(1) The Provider is liable without limitation in the case of intent, fraudulent concealment, injury to life, body or health, under the Product Liability Act, in the case of guarantees and where mandatory by law.
(2) In the case of gross negligence, the Provider is liable without limitation if it is attributable to legal representatives or executive employees. In the case of gross negligence of other vicarious agents, the Provider is liable only for foreseeable damage typical for the contract.
(3) In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider is liable only for foreseeable damage typical for the contract, per case of damage at most up to 100 % of the net order value.
(4) Otherwise, liability for slight negligence is excluded.
(5) To the extent permitted under (3) and (4), the Provider is not liable for indirect damage and consequential damage, loss of profit, loss of production, recall and reputational damage, or contractual penalties of the customer towards third parties.
(6) Claims for damages become time-barred 12 months after knowledge; (1) remains unaffected.
(7) The limitations of liability also apply in favour of the Provider’s employees and vicarious agents. Advice and recommendations are non-binding.
B11 Customer specifications, intellectual property, know-how
(1) The customer warrants that it is entitled to use its specifications (designs, logos, trademarks, drawings, photos) and that their use does not infringe third-party rights. The customer indemnifies the Provider against third-party claims, including reasonable legal defence costs. The Provider may use the specifications to carry out the order.
(2) The Provider retains all rights in designs, constructions, processes, construction data, dimensions, production documents and samples. The customer receives only a non-exclusive, non-transferable right of use of the delivered goods for the agreed purpose. Copying, imitation, reverse engineering and passing on the Provider’s documents or samples to third parties for manufacture are prohibited. Documents remain the property of the Provider and must be returned on request.
(3) Exclusivity or territorial protection exists only if expressly agreed in writing.
B12 Confidentiality, references
(1) Both parties keep non-public information confidential (in particular prices, terms and construction).
(2) The customer, its trademark or its logos may be named for advertising purposes only with the customer’s consent in text form. Without naming the customer, the Provider may describe the cooperation in anonymised form and photograph and depict the manufactured products, provided that the customer’s identifying marks are not recognisable.
B13 Cancellation, termination, withdrawal
(1) After the order confirmation, the customer may cancel the order only with the Provider’s consent.
(2) If the customer terminates (§ 648 BGB) or cancels with the Provider’s consent, it owes as a lump sum: before procurement of materials begins 20 %; after procurement of materials until production begins 50 % plus special materials already procured; after production begins 90 %; after completion 100 % of the net order value. The customer remains free to prove lower, and the Provider higher, expenses and losses.
(3) The Provider may withdraw or terminate in the event of default in payment, material deterioration of financial circumstances, insolvency filing or breach of duties of cooperation, confidentiality or intellectual property (after an appropriate grace period); services already rendered must be paid for.
(4) Statutory rights remain unaffected.
B14 Customer codes, compliance, data protection
(1) Codes of conduct, supplier guidelines and quality agreements of the customer become part of the contract only if the Provider has agreed to them in text form.
(2) Deliveries are subject to the condition that no embargo, sanctions, export or licensing regulations prevent them.
(3) The Provider processes contact persons’ data in accordance with its privacy policy.
B15 Governing law, place of performance, jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance for delivery and payment is Berlin.
(3) The exclusive place of jurisdiction is Berlin where the customer is a merchant, a legal entity under public law or a special fund under public law. The Provider may also sue at the customer’s registered office.
B16 Final provisions
Amendments and collateral agreements to this contract require text form. If a provision is invalid, the remaining provisions remain valid; the invalid provision is replaced by the permissible provision that comes closest to it economically. The German version prevails.
Last updated: October 2026 (Part B added on 21 Oct 2026) · Deutsche Fassung