of Duracrista GmbH

Mergenthalerallee 73–75, 65760 Eschborn, Germany

Last updated: July 2026

§ 1 Scope and Contracting Parties

(1) These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between Duracrista GmbH (hereinafter "Duracrista GmbH") and its customers. Duracrista GmbH is a company registered in Eschborn, entered in the Commercial Register (Handelsregister) of the Amtsgericht Frankfurt am Main under HRB 143907.

(2) These GTC apply both to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) (hereinafter "B2B customers") and to consumers within the meaning of § 13 BGB (hereinafter "B2C customers"). Where individual provisions apply exclusively to one of these customer categories, this will be expressly indicated.

(3) Conflicting or deviating conditions of the customer shall not be recognised unless Duracrista GmbH has expressly agreed to their validity in writing.

(4) These GTC apply to customers in Germany, Austria, Switzerland, Italy and the Netherlands.

§ 2 Range of Services

Duracrista GmbH offers the following services:

2.1 Consulting and Brokerage (Isokristall Remediation)

(1) Duracrista GmbH advises prospective customers on the necessity and feasibility of moisture and mould remediation using the Isokristall® system as well as other suitable products and measures.

(2) Duracrista GmbH prepares individual quotations based on information provided by the customer (e.g. floor plans, expert reports, photographs, inspection records). A quotation becomes binding upon signature by the customer and establishes a mutual right to performance of the service and remuneration. Deviations from the agreed price are only permissible in the event of unforeseeable circumstances and are limited to a maximum of 15% of the agreed amount. Duracrista GmbH is obliged to notify the customer without delay as soon as an overrun of more than 15% becomes foreseeable. In such case, the customer shall have the right to terminate the contract for good cause; services already rendered shall in that case be remunerated on a pro rata basis.

(3) Duracrista GmbH acts on behalf of the customer to broker qualified and specially trained specialist contractors (hereinafter "specialist contractors") who carry out the remediation work on the customer's premises. Duracrista GmbH acts exclusively as an intermediary and advisor and does not itself carry out any trade work.

(4) Duracrista GmbH is not an expert witness or publicly appointed expert. The advice provided by Duracrista GmbH does not replace an expert assessment of the property.

(5) The Isokristall® system may only be applied by specially trained and certified specialist contractors. Direct sale of the Isokristall® product to end consumers for self-application does not take place.

(6) Duracrista GmbH receives a commission from the respective specialist contractor for its brokerage services. This commission is not borne by the end customer; it is governed by the relationship between Duracrista GmbH and the specialist contractor.

2.2 Product Sales (Izonil, Ventilation Systems)

(1) Duracrista GmbH sells the products Izonil and ventilation systems to both commercial customers (B2B) and end consumers (B2C) for self-application.

(2) Isokristall® products are sold exclusively to certified specialist contractors trained by Duracrista GmbH (B2B). Sale to end consumers does not take place in this regard.

(3) All products offered are intended for moisture and mould prevention and remediation and must be used in accordance with their intended purpose. The product descriptions and application instructions of the respective manufacturers are binding.

2.3 B2B Partnership

(1) Duracrista GmbH cooperates with trade businesses, remediation companies, building waterproofers and similar specialist companies as sales partners and order coordinators.

(2) The specific rights and obligations within the framework of a B2B partnership are governed by separate partnership or cooperation agreements, which take precedence over these GTC insofar as they contain deviating provisions.

§ 3 Conclusion of Contract

(1) The presentation of services and products on the website duracrista.com does not constitute a legally binding offer but a non-binding invitation to make contact.

(2) The customer contacts Duracrista GmbH (e.g. via the contact form, by e-mail or telephone) and provides the information and documents required for the preparation of a quotation.

(3) Duracrista GmbH prepares an individual quotation on this basis. A contract is concluded only when the customer accepts this quotation in writing (by signature, e-mail or equivalent electronic form) and Duracrista GmbH confirms this acceptance.

(4) Duracrista GmbH reserves the right to decline orders without stating reasons.

§ 4 Prices and Payment

4.1 Brokerage Services

(1) The prices for the remediation work carried out by the specialist contractor are set out in the individual quotation prepared by Duracrista GmbH in the name and on account of the brokered specialist contractor.

(2) The remuneration of Duracrista GmbH for its brokerage and consulting activities is borne exclusively by the specialist contractor and is cost-neutral for the end customer.

4.2 Product Sales

(1) The prices indicated at the time of the order apply. All prices are quoted exclusive of statutory VAT and any applicable shipping costs.

(2) Payment is made exclusively by advance payment. Delivery of the goods takes place only after full receipt of payment in the account of Duracrista GmbH.

(3) The invoice amount must be transferred immediately after order confirmation without deduction. Default occurs without further reminder if payment is not made within 14 days of the invoice date.

§ 5 Delivery and Delivery Periods (Product Sales)

(1) Duracrista GmbH delivers products to the following countries: Germany, Austria, Switzerland, Italy and the Netherlands.

(2) Following full receipt of payment, delivery takes place within the following periods:

• Germany: as a rule 3–5 working days

• Austria, Switzerland, Italy, Netherlands: as a rule 7–9 working days

(3) The stated delivery periods are indicative values. Minor deviations, in particular due to transport delays or force majeure, are reserved. Duracrista GmbH will notify the customer without delay in such cases.

(4) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the carrier. For consumers, this applies only if the consumer has commissioned the carrier independently.

§ 6 Right of Withdrawal (B2C Consumers Only)

(1) Consumers have a statutory right of withdrawal. The following withdrawal information applies exclusively to consumers within the meaning of § 13 BGB (German Civil Code).

(2) The right of withdrawal does not apply or is extinguished in the following cases (§ 312g para. 2 BGB):

• Seal removed: The right of withdrawal is extinguished in the case of sealed goods whose original seal has been removed after delivery and which are not suitable for return for reasons of health protection or hygiene (§ 312g para. 2 no. 3 BGB). Duracrista GmbH expressly draws attention to the fact that opening the original packaging of the delivered products results in the extinguishment of the right of withdrawal.

• Mixing with other substances: The right of withdrawal is extinguished if the delivered goods have, after delivery, been inseparably mixed with other goods due to their nature — e.g. by mixing the product with water or other building materials, or by combining it with other materials (§ 312g para. 2 no. 5 BGB).

• Use in accordance with intended purpose: The right of withdrawal is extinguished if the product has been applied or installed in accordance with its intended purpose and return is no longer possible for this reason.

(3) In the event of a valid withdrawal, the consumer shall bear the direct costs of returning the goods.

Withdrawal Information

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, has taken physical possession of the goods.

To exercise your right of withdrawal, you must inform us (Duracrista GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany, e-mail: info@duracrista.com, phone (DE): +49 151 61280359, phone (IT): +39 375 1457731) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the enclosed model withdrawal form for this purpose, but this is not mandatory.

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.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

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: Duracrista GmbH, Mergenthalerallee 73–75, 65760 Eschborn, Germany, e-mail: info@duracrista.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 (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

§ 7 Liability

(1) Duracrista GmbH shall be liable without limitation for damages arising from injury to life, body or health, as well as for damages caused by wilful misconduct or gross negligence on the part of Duracrista GmbH, its legal representatives or vicarious agents.

(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the liability of Duracrista GmbH shall be limited to the foreseeable damage typical for the contract. Any further liability for slight negligence is excluded.

(3) Duracrista GmbH does not itself carry out any trade remediation work and therefore assumes no warranty for the quality, execution and freedom from defects of the work performed by the brokered specialist contractors. Warranty for defects in trade execution rests exclusively with the respective executing specialist contractor.

(4) The guarantee for the performance capacity and quality of the products rests with the respective manufacturer:

• Isokristall®: Minimum 10-year manufacturer's guarantee on the performance capacity of the product.

• Izonil: 15-year manufacturer's guarantee on the performance capacity of the product.

(5) Ventilation recommendations passed on by Duracrista GmbH to customers are based exclusively on the recommendations of the respective manufacturer. Duracrista GmbH assumes no independent advisory liability for these recommendations.

(6) Duracrista GmbH is not a publicly appointed expert or expert witness. The advice provided by Duracrista GmbH does not constitute an expert assessment and cannot replace one.

(7) The above limitations of liability also apply in favour of the legal representatives and vicarious agents of Duracrista GmbH if claims are asserted directly against them. Claims under the German Product Liability Act remain unaffected.

§ 8 Statutory Warranty (Product Sales)

(1) Duracrista GmbH assumes the statutory warranty exclusively for products directly delivered by it (Izonil, ventilation systems, Isokristall® products to specialist contractors). For the trade execution of remediation work by specialist contractors, Duracrista GmbH assumes no warranty, as it does not itself provide these services.

(2) For B2C customers, the statutory warranty period for delivered products is two years from delivery of the goods.

(3) For B2B customers, the warranty period is one year from delivery, unless mandatory statutory provisions prescribe a longer period.

(4) Obvious defects must be reported in writing to Duracrista GmbH without delay after delivery; hidden defects must be reported without delay after their discovery. For B2B customers, § 377 HGB (German Commercial Code) applies.

§ 9 Retention of Title

The delivered goods remain the property of Duracrista GmbH until the purchase price has been paid in full. For B2B customers, title is retained until all outstanding claims arising from the business relationship have been settled in full.

§ 10 Data Protection

The processing of personal data in the context of the business relationship is carried out in accordance with our Privacy Policy, available at https://duracrista.com/privacy. The Privacy Policy forms an integral part of these GTC.

§ 11 Governing Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This also applies to contracts with customers in Austria, Switzerland, Italy and the Netherlands.

(2) The place of jurisdiction for all disputes arising from and in connection with these GTC is Eschborn, provided the customer is an entrepreneur, a legal entity under public law or a special fund under public law.

(3) For consumers, this place of jurisdiction applies only if the consumer has no general place of jurisdiction in Germany, or if the consumer has moved their domicile abroad after conclusion of the contract, or if their domicile is unknown at the time the action is brought. Otherwise, the statutory provisions on jurisdiction apply.

§ 12 Severability Clause

Should individual provisions of these GTC be or become wholly or partly invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the applicable statutory provision.

§ 13 Amendments to the GTC

Duracrista GmbH reserves the right to amend these GTC at any time. The currently valid version is available on the website at https://duracrista.com/gtc. For contracts already concluded, the GTC in the version valid at the time of conclusion of the contract shall apply.

Terms and Conditions