1. General

These general terms and conditions (hereinafter "GTC") apply to all contracts between the work orderer, buyer or client (hereinafter "customer") and us inventors' workshop (hereinafter "supplier") with regard to our goods and / or services, in particular sales contracts, contracts for work or services other commissioned services (commissioning, assembly, etc.) are completed. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed. If the supplier has a longer business relationship with the customer, these terms and conditions apply even if their validity is not specifically pointed out. The terms and conditions also apply to follow-up orders, even if they are not separately agreed orally or in writing.

A consumer is any natural person who conducts business that is not part of their business. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Stock corporations, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European economic interest groups (EEIG), European companies (SE) and European cooperatives (SCE) are entrepreneurs by virtue of their legal form.

Employees of our company are prohibited from making commitments that deviate from these conditions. Oral agreements are only effective if they are confirmed in writing by the supplier.

2) Conclusion of a contract in the web shop / distance selling

The product descriptions contained in the online shop of the supplier do not represent binding offers, but serve for the submission of a binding offer by the customer.

The customer can submit the offer using the online order form integrated in our online shop. After placing the selected goods and / or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods and / or services contained in the shopping cart by clicking the button that concludes the ordering process . The customer can also submit the offer to the supplier by post, email, fax or telephone.

The supplier can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the supplier does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

If the customer selects a payment method as part of the online ordering process, by clicking the button that concludes the ordering process, at the same time issuing a payment order to his payment service provider to transfer the money directly to the seller's account, the seller already declares, in deviation from section 2.3 now the acceptance of the customer's offer at the time the money arrives in the seller's account.

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

When submitting an offer via the supplier's online order form, the contract text is saved by the supplier and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, along with these terms and conditions. In addition, the text of the contract is archived on the supplier's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the supplier's online shop before sending his order.

Or: The contract text is not saved. We recommend that you archive the order confirmation and the terms and conditions attached as an attachment.

Before submitting a binding order via the supplier's online order form, the customer can continuously correct his entries using the usual operator functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual operator functions.

Only the German language is available for the conclusion of the contract.

The order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the supplier can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the supplier or by third parties commissioned to process the order can be delivered.

Conclusion of contracts outside of distance selling / cost estimates / general information on the conclusion of a contract

Verbal communications from the supplier - also at the request of the customer - are non-binding, even if they include prices, dates and other technical specifications.

The contract is concluded with the order confirmation sent to the customer by the supplier or, in the absence of this, with the execution of the delivery to the customer. In any case, the contract is also concluded without the transmission of an order confirmation if the customer accepts the supplier's offer in writing or signs the supplier's written order form.

If the order confirmation signed by the customer deviates from his order, the order confirmation applies in case of doubt, provided that the customer is not a consumer. This is the case with a consumer if there is no contract.

Our cost estimates are only binding if they have been specially created for a customer and have been submitted in writing. Furthermore, all of our written cost estimates are chargeable, especially if they include detailed plans requested by the customer. This fee is deducted from the order amount when the order is placed. We are bound to these cost estimates for 30 days [other deadlines are also possible, such as 14 days or 2 months] from the date of submission.

Offers and cost estimates are made to the best of our knowledge; no consideration can be given to order-specific circumstances that are beyond the reach of our company. If further work or cost increases are necessary during the execution of the order, our company will notify the customer immediately. If the customer does not make a decision regarding the continuation of the interrupted work within one week or does not accept the cost increases, our company reserves the right to invoice the partial service and to withdraw from the contract.

Insignificant, reasonable deviations in the dimensions and designs (color and structure), especially in the case of repeat orders, are reserved - regardless of the type of contract conclusion - insofar as these are due to the nature of the materials used and are customary. Material-related changes, e.g. in dimensions, colors, wood and veneer pattern, grain and structure, etc. are considered objectively justified.

3) Right of withdrawal

Consumers residing in the EU have the right to withdraw from contracts if

the contract is concluded with the simultaneous physical presence of the entrepreneur and the consumer at a location that is not the entrepreneur's business premises,

for which the consumer has made an offer under the circumstances mentioned in item 2,

which is closed in the business premises of the entrepreneur or by means of distance communication immediately after the consumer has been addressed personally and individually at a location other than the business premises of the entrepreneur with the simultaneous physical presence of the entrepreneur or his agent and the consumer, or

which is concluded on an excursion organized by an entrepreneur or his agent with the intention or with the result that the entrepreneur advertises or has advertised for the sale of goods or the provision of services to the consumer and corresponding contracts with the consumer concludes

the contract is concluded between an entrepreneur and a consumer without the simultaneous physical presence of the entrepreneur and the consumer within the framework of a sales or service system organized for distance selling, whereby only means of distance communication are used up to and including the conclusion of the contract;

the consumer has not submitted his contract declaration either in the rooms used by the entrepreneur for his business purposes or at a stand used by the entrepreneur for this purpose at a trade fair or market, or the entrepreneur or a third party cooperating with him has given the consumer in the context of an advertising trip or an excursion or a similar event or through personal, individual addressing on the street to the premises used by the entrepreneur for his business purposes and the contract does not fall under Z. 1. - 5.

The right of withdrawal according to section 6. the consumer is not entitled

if he himself has initiated the business relationship with the entrepreneur or his agent for the purpose of concluding this contract,

if the conclusion of the contract was not preceded by any discussions between the parties involved or their agents, or

for contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the company is by its nature not operated in permanent business premises and the fee does not exceed 50 euros

in the case of contractual declarations made by the consumer in the physical absence of the entrepreneur, unless he has been urged to do so by the entrepreneur.

The consumer has no right to withdraw from distance sales or contracts concluded outside of business premises in accordance with items 1. - 5. above

Services, if the entrepreneur - on the basis of an express request by the consumer as well as a confirmation by the consumer of his knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started to perform the service before the withdrawal period had expired and the service was then fully provided,

Goods that are made to customer specifications or that are clearly tailored to personal needs.

The consumer also has no right of withdrawal for contracts that are concluded outside of business premises (Z. 1. - 4.) and for which the remuneration to be paid by the consumer does not exceed the amount of 50 euros.

Further exceptions and more detailed information on the right of withdrawal can be found in our withdrawal instructions

.

4) Prices and terms of payment

Our offers are open to all customers with a place of residence or headquarters in a member state of the European Union.

Or: Our offers are open to all customers with a place of residence or headquarters in a member state of the European Union. However, we only offer delivery of goods to Austria and Germany. [Adapt the last sentence if necessary, but as a rule it has to be sold throughout the EU, but not delivered].

Unless otherwise stated in our product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

In principle, all goods are deemed to have been ordered without assembly. Unless otherwise agreed, a commissioned assembly will be invoiced after hours of production against proof. Requested overtime, overtime, night hours and other additional operational costs are to be paid separately according to the collective agreement or statutory surcharge. For other possible costs in connection with installation, see point 12 Obligation to cooperate

In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

Various payment options are available to the customer for distance orders, which are specified in our online shop.

If prepayment is agreed for purchases via the online shop, payment is due immediately after the contract is concluded.

If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The supplier reserves the right to only offer the payment method of purchase on account up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the supplier will inform the customer of a corresponding payment restriction in his payment information in the online shop.

In the case of contracts that were not concluded via the online shop - unless otherwise agreed - 30% of the order amount is due upon receipt of the order confirmation; any promised delivery period does not start until the payment date. Another 30% of the order total is due upon delivery. If the customer does not fulfill this obligation, the supplier is entitled to withhold the delivery. The rest is due upon completion and invoicing. Invoices that have been submitted are due within 14 days.

In the event of default, the customer undertakes to reimburse the reminder and collection costs necessary for appropriate legal prosecution, provided that these are in reasonable proportion to the claim made and to pay default interest of 9% pa. The statutory default interest for entrepreneurs remains unaffected.

If the customer does not meet his payments, if he stops his payments or if bankruptcy or settlement is opened for his assets, the entire remaining debt becomes due.

In the case of consumer transactions, this only applies if the supplier has already performed his services himself, if at least one outstanding service by the customer has been due for at least six weeks and the supplier has unsuccessfully warned the customer, threatening to miss the deadline and setting a grace period of at least two weeks.

6) repairs

The supplier must draw the customer's attention to the inefficiency of a repair if the customer does not explicitly insist on restoration at any price. If it only becomes apparent in the course of the repair and without the supplier being aware of this on the basis of his specialist knowledge when the contract was concluded that the item is unsuitable for restoration, the supplier must notify the customer of this immediately. In this case, the customer has to pay the costs incurred up to that point or, if he insists and this is still technically possible, the costs of assembling the dismantled items.

7) Delivery and shipping conditions

The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the supplier's order processing is decisive.

If the transport company sends the goods back to the supplier because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the supplier had announced the performance to him a reasonable time in advance.

If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the supplier has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer other than the carrier. However, if the consumer himself has concluded the contract of carriage without using a selection option suggested by the entrepreneur, the risk is transferred to the carrier as soon as the goods are handed over. In the absence of any other agreement, the consumer acquires ownership of the goods at the same time as the transfer of risk.

In the case of self-collection, the supplier first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the supplier's headquarters in consultation with the supplier. In this case, no shipping costs will be charged.

8) Retention of title

In relation to consumers, the supplier retains ownership of the delivered goods until the purchase price owed has been paid in full.

In relation to entrepreneurs, the supplier retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this to the supplier in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The authority of the supplier to collect the claims himself remains unaffected. However, the supplier will not collect the claims as long as the customer fulfills his payment obligations to the supplier, does not fall into arrears and no application has been made to open insolvency proceedings.

9) Warranty

In the event of defects, the provisions of the statutory warranty apply. Deviating from this, the following applies:

For entrepreneurs

an insignificant defect does not justify any warranty claims;

the supplier has the choice of the type of remedy;

the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.

If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the supplier thereof. If the customer does not comply, this has no effect on his legal or contractual warranty claims.

The customer is advised that maintenance work may have to be carried out on his part, in particular fittings and common components have to be checked and possibly oiled or greased, sealing joints have to be checked regularly, external coatings (e.g. windows) depend on the type of paint or glaze and the weather post-treatment. This work is not part of the scope of the order, unless expressly agreed otherwise. Failure to perform maintenance work can impair the service life and functionality of the components without this giving rise to claims for defects against the contractor.

10) liability

The supplier is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

The supplier is unrestrictedly liable for any legal reason

in the event of intent or gross negligence,

in the event of willful or negligent injury to life, body or health.

If the supplier negligently breaches an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the preceding paragraph.

Otherwise, liability on the part of the supplier is excluded.

If the customer provides plans or dimensions, he is liable for their correctness, unless their incorrectness is obvious or unless natural dimensions have been agreed. If a plan, a measure or an instruction from the customer proves to be incorrect, the supplier must notify the customer immediately and request appropriate instructions within a reasonable period of time. The costs accrued up to then hit the customer. If the instruction is not received within a reasonable period, the customer will suffer the consequences of the default.

11) Indemnification for infringement of third party rights and industrial property rights

If, according to the content of the contract, the supplier owes the processing of the goods in addition to the delivery of the goods according to certain specifications of the customer, the customer must ensure that the content provided by him to the supplier for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or Trademark rights). The customer exempts the supplier from claims by third parties that they can assert against the supplier in connection with an infringement of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the supplier with all information that is necessary for the examination of the claims and a defense.

If, according to the content of the contract, the seller owes the production and planning and / or design of the goods in addition to the delivery of the goods, plans, drawings, etc. as well as the goods themselves are subject to the protection of copyright law and all provisions of industrial property rights. Any utilization, use and processing of the plans and drawings as well as a reproduction or illustration of the goods without the consent of the seller is not permitted to the (potential) customer due to the copyright law. Of course, the seller remains entitled to publish photos of the goods he has designed.

12) Obligation to cooperate

The customer (client) must arrange for necessary third-party approvals, reports to authorities, and obtaining approvals in a timely manner and on his own responsibility and at his own expense. Furthermore, the customer has to check whether the goods to be delivered or the service to be performed comply with the applicable legal provisions.

If the customer fails to check or obtain the necessary permits, the supplier is not liable for the resulting damage or delays in execution and is also entitled to cover the additional expenses and costs arising from the delay caused by the customer to demand this. If the customer is a consumer, the applicability of the provision of § 1168a ABGB remains unaffected.

In the case of commissioned assembly, the customer must ensure that the respective assembly point is accessible, free of all obstacles and ready for the installation of the sold product on the agreed delivery or assembly day, otherwise the supplier is entitled to any additional expenses and - to demand costs from the customer.

When delivering the goods, it is assumed that the vehicle can drive directly to the building and unload. Additional costs caused by further transport routes or difficult transport from the vehicle to the building will be charged separately. Mechanical means of transport must be provided by the client for transports beyond the 2nd floor. Stairs must be passable. If the execution of the work of the supplier or the persons commissioned by him is hindered by circumstances for which the customer is responsible, the corresponding costs (e.g. working time and travel allowance) will be invoiced.

In the case of necessary anchoring on walls and ceilings, the customer must ensure that the subsurface is suitable for drilling or fixing, otherwise our liability for any damage resulting therefrom will cease to apply.

The contracting and relocation of door and window frames, etc., any masonry work, any necessary scaffolding must be added or erected by the customer, unless they are expressly stated as being included in the price. Likewise, the required light and power current is to be provided by the customer.

The customer is obliged to confirm the delivery or service in accordance with the contract by signing a worksheet, if necessary with the assistance of an authorized third party.

If the customer is not a consumer, he thereby confirms the flawless fulfillment of the contract.

13) Applicable law / place of jurisdiction

The law of the Republic of Austria applies to all legal relationships between the parties to the exclusion of the UN sales law. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is domiciled is not withdrawn.

If the customer is an entrepreneur within the meaning of section 1.2, the exclusive place of jurisdiction is agreed to be the place of the supplier's registered office