Terms and conditions
Webshop Tulip (below terms and conditions wood designer / carpenter)
- General
1.1. The following General Terms and Conditions (abbreviated as GTC) apply to all legal transactions between Kaj Hensen, Inhaber Tulpe, Leitenbergstraße 17, 4820 Bad Ischl, (abbreviated as Seller) as operator of the webshop www.tulpe.shop (abbreviated as Webshop) and possible contractual partners of the Seller in the context of orders in the webshop (abbreviated as Customer).
1.2. The deliveries and services of the seller are exclusively based on these general terms and conditions in the respective valid version. Other terms and conditions of customers shall only be accepted if they have been expressly and bindingly agreed to in writing.
1.3. The seller can change the terms and conditions at any time. Existing customers will be informed of this. Consent to the amendment of the GTC is deemed to have been given if the customer continues to contract with the seller.
1.4. Contractual language is German
1.5. Insofar as these GTC provide for the requirement of the written form, this shall generally be complied with by means of an e-mail.
- Order process, offer, conclusion of contract
2.1. All information on goods and prices in the web shop as well as during the ordering process by the customer are non-binding.
2.2. The products offered in the webshop do not constitute a legally binding offer. The customer is merely being requested to submit an offer by placing an order.
2.3. Before an order is placed, the registration data must be entered as a guest (one-time order) or for registration in the webshop (first name, last name, company (if applicable), street and house no., postcode, city, country, e-mail address, telephone number, VAT ID (if applicable). After initial registration, only a login with e-mail address and password is required. The customer is obliged to fill in the fields or details provided in the registration and order forms completely and truthfully. An order is only possible if all mandatory fields contained in the registration and order forms are filled in. When placing an order, the selection of the desired goods including the number/quantity as well as the selection of the shipping method and the method of payment must be made, whereby the respective pre-contractual information for consumers pursuant to § 5a KSchG and § 4 FAGG is displayed. A review of the information is possible in the shopping cart. The customer can submit his offer exclusively via the order form of the webshop. By clicking the button “Order with obligation to pay”, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By sending the offer, the pre-contractual information is deemed to have been provided and these GTC are deemed to have been agreed for the legal relationship with the seller.
2.4. After sending the order, the customer receives an automatically generated order confirmation about the receipt of the order. This order confirmation does not yet constitute acceptance of the contract. It only serves to inform the customer that the order has been received by the seller. The customer is obliged to notify us immediately of any obvious errors in the order confirmation and of any discrepancies between the order and the order confirmation.
2.5. The purchase contract is only concluded with the notification of acceptance and delivery. The sales contract is not saved by the seller. However, the customer can print out the declaration of acceptance together with the essential content of the contract.
2.6. The seller reserves the right to refuse orders without giving reasons.
2.7. Can orders e.g. cannot be provided due to delivery problems on the part of the supplier, the customers will be informed of this without delay. Payments already made will be refunded immediately.
2.8. Delivery is only made to consumers within Europe.
2.9 By placing the order, the customer assures that he or the recipient of the goods is older than 18 years.
2.10. Commercial resale of the goods by the customer is not permitted.
- Right of revocation (right of withdrawal)
3.1. The customer has the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party attributable to him who is not the carrier has taken possession of the goods.
In order to exercise the right of withdrawal, the customer must inform the seller by means of a written statement (by mail or email) of your decision to withdraw from this contract to the following address.
Kaj Hensen
Holder tulip
Weissenbach 95
4822 Bad Goisern
e-mail: info@tulpe.shop
Phone. +43-(0)6604005415
The customer may use the attached sample cancellation form (Appendix 1 of the GTC) for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the expiry of the revocation period.
3.2. If the Customer cancels this contract, the Seller shall return to the Customer all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by the Seller), without undue delay and at the latest within fourteen days from the day on which the Seller receives notification of your cancellation of this contract.
For this repayment, the same means of payment will be used that you used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this repayment. The seller may refuse repayment until he has received the goods back or until proof has been provided that the goods have been returned, whichever is the earlier.
The customer must return the goods to the seller at the seller’s address Kaj Hensen, owner Petucci Interiors & Accessoires, Weissenbach 95, 4822 Bad Goisern, without delay and in any case no later than within fourteen days from the day on which he informed the seller of the cancellation of this contract.
The time limit shall be deemed to have been observed if the goods are dispatched before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods.
The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
3.3. The customer forfeits his right of withdrawal if, in the case of sealed products (sealed plastic packaging), the seal/the plastic seal has been removed after delivery. This results according to § 18 para. 1 Z 5 FAGG for reasons of health protection and hygiene.
3.4. The right of withdrawal does not apply to goods that are made to customer specifications, that are clearly tailored to personal needs (such as engravings, sizes, etc.) or that are not suitable for return due to their nature.
- Terms of payment and delivery
4.1. The stated prices are valid at the time of the order including statutory value added tax. Settlement shall be made in euro. Only the methods of payment offered within the framework of the order are accepted.
4.2. If separate shipping costs are added to the stated price of an item, then a corresponding note is made during the ordering process. The shipping costs are calculated and quoted during the ordering process and are to be paid by the customer.
4.3. The seller accepts the payment methods mentioned on the website. If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. Payment is due immediately. Delivery of the goods will be made only after receipt of the amount on the bank account of the seller. The above listed credit cards will be charged when the order is dispatched. No credit card data of any form will be saved. The credit card data will not be stored in any form.
4.4. In the case of a delivery to a non-EEA country, the customer shall bear all import and export charges including any customs duties, fees and levies.
4.5. The seller is only obliged to perform the service as soon as the customer has fulfilled all his obligations which are necessary for the performance. Unless otherwise agreed, the seller will ship the ordered goods within 6 weeks after receipt of payment. Non-compliance with the delivery dates shall in any case only entitle the customer to assert the right of withdrawal if the seller does not carry out the delivery despite having set a period of grace of at least 2 weeks in writing. The delivery period shall be extended by the duration of the hindrance due to all circumstances beyond the control of the party, e.g. cases of force majeure (superior force), unforeseeable operational disruptions, official intervention, delay in transport and customs clearance, transport damage, rejects of important production parts and labour disputes. Insofar as partial deliveries are possible, they are also legally permissible. Each partial delivery shall be deemed to be a separate transaction and may be invoiced separately by the Seller. The risk of accidental loss and accidental deterioration shall pass to the transport/delivery company commissioned with the delivery upon handover.
- Warranty / Compensation / Liability
5.1. The statutory provisions shall apply to warranty claims.
5.2. The seller is only liable for damages caused by intent or gross negligence. Liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential harm caused by a defect, pecuniary loss, savings not achieved, loss of interest and damage from third party claims against the customer is excluded, unless it was caused by the seller intentionally or through gross negligence.
5.3. The Seller shall not be liable for any damage due to improper handling and improper use of the goods.
5.4. In this context, it is pointed out that a large part of the goods offered is made of solid wood. As a result, corresponding signs of use may become visible, especially if animals bite on it. In order to avoid bite marks on the solid wood, the seller recommends to provide the animals with bite sticks (see also the information enclosed with the ordered goods).
- Retention of title and offsetting prohibition
6.1. The seller retains ownership of the purchased goods until the purchase price has been paid in full; any transfer of the goods during the period of retention of title is expressly prohibited.
6.2. The customer is not entitled to offset claims against the seller with the purchase price or shipping costs. However, this prohibition of compensation shall not apply in the event of the Seller’s insolvency or to such counterclaims which are legally connected with the contract in question and which have been established by a court or expressly acknowledged by the Seller.
- Intellectual property rights
7.1 The website operated by the Seller as well as its entire content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and/or designs are protected by industrial property rights, in particular copyrights, rights to names and images, trademarks and/or registered or unregistered design rights against unauthorised use.
7.2. All news, graphics and the design of the website is solely for the personal information of the customer. The use is at your own risk. The reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with the seller as the operator of the virtual shop. Any use outside of the selection and purchase of goods requires the prior written consent of the seller or, if the respective rights are not held by the seller, by the rights holder. Any further processing, duplication, distribution and/or public reproduction exceeds the normal use and constitutes an infringement of copyright.
7.3 In the case of custom-made products or orders outside the existing product range, the Seller assumes that the Customer has ascertained the non-existence of third-party property rights. If articles are manufactured by the seller according to drawings or original samples of a customer, the seller shall not be liable for any rights, in particular industrial property rights of third parties. The customer undertakes to indemnify and hold the seller harmless in the event of an infringement of the rights of third parties.
- Final provisions
8.1. Place of performance is Bad Ischl, Austria.
8.2. Insofar as mandatory statutory provisions do not conflict with this, Austrian law shall expressly apply to this contract; the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: The competent court shall be the court with subject-matter jurisdiction at the registered office of the Seller.
8.3. If any provision of these terms and conditions is invalid or unenforceable, the validity of the remainder of these terms and conditions shall not be affected. In such case, the invalid or unenforceable provisions shall be replaced by such valid and enforceable provisions as are legally and economically closest to the purpose of the provisions to be replaced.
8.4. These terms and conditions are available at www.petucci.eu. In addition, this document can be printed or saved. The customer can also additionally archive the general terms and conditions as well as the data of the order by either downloading the general terms and conditions and saving the data summarized on the last page of the order process in the Internet shop with the help of the functions of the browser.
- Complaints/dispute resolution
In case of complaints, the customer service (email: www.petucci.eu) is at your disposal. The Seller does not participate in any alternative dispute resolution system. The European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes. The platform can be found at: http://ec.europa.eu/odr The seller is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Appendix 1:
Cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To:
Kaj Hensen
Holder tulip
Weissenbach 95
4822 Bad Goisern
e-mail: info@tulpe.shop
I hereby revoke the contract I have concluded for the purchase of the following goods
Ordered on Received on
Invoice Number:
Reason for the
Return:
Name:
Address:
Date: Signature:
(only required for paper communication)
Kaj Hensen
Tulip joinery assembly and trade
Weissenbach 95
4822 Bad Goisern
CONTACT INFORMATION
Telephone: +436604005415
E-mail: info@tulpe.shop
Internet address: www.tulpe.shop
UID number: ATU74559845
REGULATED / INDEPENDENT PROFESSIONS
Job title: Carpenter
Professional chamber of commerce: Wirtschaftskammer Oberösterreich
NATIONAL GUILD OF CARPENTERS
AND WOOD DESIGNER
Terms and conditions
with customer information
(Long-distance and outbound business)
Table of contents
2) CONCLUSION OF A CONTRACT IN THE WEB SHOP/REMOTE SALE
5) PRICES AND TERMS OF PAYMENT
7) DELIVERY AND SHIPPING CONDITIONS
11) INDEMNIFICATION IN THE EVENT OF INFRINGEMENT OF THIRD PARTY RIGHTS
13) APPLICABLE LAW/JURISDICTION
1) GENERAL
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded between the work orderer, buyer or principal (hereinafter referred to as “Customer”) and us Kaj Hensen “Tulpe” (hereinafter referred to as “Supplier”) with respect to our goods and/or
services, in particular purchase contracts, contracts for work and services or other commissioned services (commissioning, assembly, etc.) are concluded. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed. If the supplier has a long-term business relationship with the customer, these GTC shall apply even if no special reference is made to their validity. The GTC shall also apply to subsequent orders, even if they are not separately agreed verbally or in writing.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 Employees of our company are prohibited from making any promises that deviate from these terms and conditions. Verbal agreements shall only be effective if they are confirmed in writing by the supplier.
2) CONCLUSION OF A CONTRACT IN THE WEB SHOP/REMOTE SALE
As stated above AGB Webshop www.tulpe.shop
3) CONCLUSION OF CONTRACTS OUTSIDE OF DISTANCE SELLING/ESTIMATES OF COSTS/GENERAL INFORMATION ON THE CONCLUSION OF CONTRACTS
3.1 Oral communications of the Supplier – also at the request of the Customer – are subject to change without notice, even if prices, dates and other technical specifications are communicated therein.
3.2 The contract shall be concluded upon the Supplier’s order confirmation sent to the Customer or, in the absence thereof, upon execution of the delivery to the Customer. In any case, the contract shall also be 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 template.
3.3 If the order confirmation signed by the customer differs from his order, the order confirmation shall apply in case of doubt, unless the customer is a consumer. In this case, no contract is concluded with a consumer.
3.4 Our cost estimates shall only be binding if they have been prepared specifically for a customer and have been submitted in writing. Furthermore, all our written cost estimates are subject to payment, especially if they include detailed planning requested by the customer. This fee is deducted from the order total when the order is placed.
deducted. We are bound to these cost estimates for 30 days from the date of submission.
3.5 Quotations and cost estimates shall be provided to the best of our knowledge; no consideration can be given to order-specific circumstances that are beyond the recognition of our company. Should the need for further work or cost increases arise 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 provided and to withdraw from the contract.
3.6 Insignificant, reasonable deviations in dimensions and finishes (color and structure), in particular in the case of repeat orders, shall remain reserved – irrespective of the type of contract concluded – insofar as these are in the nature of the materials used and are customary. In particular, material-related changes, e.g. in dimensions, colors, wood and veneer appearance, grain and structure, etc., shall be deemed objectively justified.
4) RIGHT OF WITHDRAWAL
4.1 Consumers residing in the EU have a right to withdraw from contracts if
1. the contract is concluded with the simultaneous physical presence of the entrepreneur and the consumer in a place which is not the business premises of the entrepreneur,
2. for which the consumer has made an offer under the circumstances specified in item 2,
3. concluded on the business premises of the trader or by means of distance communication, immediately after the consumer has been addressed personally and individually at a place other than the business premises of the trader with the simultaneous physical presence of the trader or his representative and the consumer, or
4. concluded on an excursion organized by an entrepreneur or by his agents with the intention or with the result that the entrepreneur advertises or causes to be advertised the sale of goods or the provision of services to the consumer and concludes corresponding contracts with the consumer
5. the contract is concluded between a trader and a consumer without the simultaneous physical presence of the trader and the consumer within the framework of a distribution or service system organized for distance sales, using exclusively means of distance communication up to and including the conclusion of the contract;
6. the consumer has not made his contractual declaration either in the premises permanently used by the entrepreneur for his business purposes or at a stand used by him for this purpose at a trade fair or market, or the entrepreneur or a third party cooperating with him has brought the consumer to the premises used by the entrepreneur for his business purposes in the course of a promotional trip, an excursion or a similar event or by personally addressing him individually on the street and the contract does not fall under items 1 – 5.
The right of withdrawal according to Z.6. is not available to the consumer,
a. if he himself has initiated the business connection with the entrepreneur or his representative for the purpose of concluding this contract,
b. if the conclusion of the contract was not preceded by discussions between the parties or their representatives, or
c. in the case of contracts where the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs away from their business premises and the agreed remuneration does not exceed 25 euros, or if the business is not operated on permanent business premises by its nature and the remuneration does not exceed 50 euros
d. in the case of contractual declarations made by the consumer in the physical absence of the entrepreneur, unless the consumer has been urged to do so by the entrepreneur.
The consumer has no right to withdraw from distance or off-premises contracts pursuant to. Z. 1. – 5. about
a. Services, if the entrepreneur – on the basis of an explicit request of the consumer as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal in case of complete fulfillment of the contract – had started to perform the service before the expiry of the withdrawal period and the service was then completely performed,
b. Goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
The consumer also does not have the right to withdraw from contracts concluded away from business premises (lines 1 – 4) and where the fee payable by the consumer does not exceed the amount of 50 euros.
4.2 Further exceptions and more detailed information on the right of withdrawal can be found in our withdrawal instructions.
5) PRICES AND TERMS OF PAYMENT
5.1 Unless otherwise stated in our product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
5.2 In principle, all goods shall be deemed ordered without assembly. Unless otherwise agreed, a commissioned installation shall be invoiced on the basis of direct hours against proof. Requested overtime, overtime, night work and other additional operational costs shall be paid separately in accordance with the collective agreement or statutory surcharge. For other possible costs in connection with an installation, see item 12 Duty to cooperate. [Gegebenenfalls streichen]
5.3 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which we are not responsible and which shall be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds 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.
5.4 Various payment options are available to the customer for orders placed at a distance, which are indicated in our online store.
5.5 If prepayment has been agreed for purchases via the online store, payment shall be due immediately after conclusion of the contract. [Gegebenenfalls adaptieren]
5.6 If the payment method “PayPal” is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. [Gegebenenfalls streichen]
5.7 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Supplier reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Supplier shall notify the Customer of a corresponding payment restriction in its payment information in the online store.
5.8 For contracts not concluded via the online store, 30% of the order amount shall be due upon receipt of the order confirmation, unless otherwise agreed; any promised delivery period shall only begin to run on the payment date. A further 30% of the order total is due on delivery. If the customer does not comply with this obligation, the supplier is entitled to withhold the delivery. The balance is due upon completion and invoicing. Invoices are due within 14 days.
5.9 In the event of default, the customer undertakes to reimburse the reminder and collection expenses necessary for appropriate legal action, insofar as these are in reasonable proportion to the claim pursued, as well as to pay interest on arrears in the amount of 9% p.a.. The statutory interest on arrears for entrepreneurs shall remain unaffected.
5.10 If the customer does not meet his payments, stops his payments or if bankruptcy or composition proceedings are instituted against his assets, the entire remaining debt shall become due.
In the case of consumer transactions, this shall only apply if the Supplier itself has already performed its services, at least one of the Customer’s services in arrears has been due for at least six weeks, and the Supplier has unsuccessfully sent the Customer a reminder under threat of losing the deadline and setting a grace period of at least two weeks.
6) REPAIRS
6.1 The Supplier shall draw the Customer’s attention to the uneconomical nature of repair if the Customer does not expressly insist on restoration at any price. If it only becomes apparent in the course of the repair and without this being recognizable to the Supplier on the basis of its expertise at the time of conclusion of the contract that the item is unsuitable for restoration, the Supplier shall notify the Customer of this without delay. In this case, the customer shall pay the costs incurred up to that point or, if he insists and this is still technically possible, the costs for the assembly of disassembled items.
7) DELIVERY AND SHIPPING CONDITIONS
7.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the supplier’s order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
7.2 If the transport company returns the shipped goods to the Supplier because delivery to the Customer was not possible, the Customer shall bear 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 given him reasonable advance notice of the service.
7.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Supplier has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle only pass upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the supplier has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the supplier has not previously named such person or institution to the customer.
7.4 In case of self-collection, the Supplier shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the customer can pick up the goods at the supplier’s registered office by arrangement with the supplier. In this case, no shipping costs will be charged.
8) RESERVATION OF OWNERSHIP
8.1 With respect to consumers, the Supplier shall retain title to the delivered goods until the purchase price owed has been paid in full.
8.2 With respect to entrepreneurs, the Supplier shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
8.3 If the customer acts as an entrepreneur, it shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign all claims against third parties arising therefrom to the supplier in advance in the amount of the respective invoice value (including value added tax). This assignment shall apply 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 shall not collect the receivables as long as the Customer meets its payment obligations to the Supplier, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
9) WARRANTY
In the event of defects, the provisions of the statutory warranty shall apply. Deviating from this:
9.1 For entrepreneurs
a. an insignificant defect shall in principle not give rise to any warranty claims;
b. the supplier has the choice of the type of remedy;
c. the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.
9.2 If the Customer is acting as a consumer, it is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the Supplier thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual warranty claims.
9.3 The customer is advised that maintenance work may have to be carried out on his part, in particular fittings and common components are to be checked and possibly oiled or greased, sealing joints are to be checked regularly, exterior coatings (e.g. windows) are to be retreated in each case according to the type of paint or glaze and the influence of the weather. This work is not part of the scope of the order unless expressly agreed otherwise. Failure to carry out maintenance work may impair the service life and functionality of the components without this giving rise to any claims for defects against the contractor.
9.4 The professional installation of modern windows and exterior doors improves the energy quality of the building and makes the building envelope tighter. In order to maintain indoor air quality and prevent mold growth, additional requirements for the ventilation of the building must be met in accordance with Ö-Norm. A ventilation concept that may be necessary in this respect is a planning task that is not the subject of the order placed with our company. This task is to be arranged by the client/customer in any case. During the heating period, it is necessary to ensure sufficient humidity, otherwise there is a risk of excessive jointing and damage. Lack of maintenance or upkeep by the customer will result in the loss of warranty claims.
10) Liability
The Supplier shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
10.1. The supplier shall be liable without limitation for any legal reason
– in the event of intent or gross negligence,
– in the event of intentional or negligent injury to life, limb or health.
10.2. If the Supplier negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause.
10.3. Otherwise, any liability of the supplier is excluded.
10.4. If plans are provided by the customer or measurements are given, the customer shall be liable for their correctness, unless their incorrectness is obvious or unless natural measurements have been agreed. If a plan, measurement or instruction of the Customer proves to be incorrect, the Supplier shall notify the Customer thereof immediately and request the Customer to issue appropriate instructions within a reasonable period of time. The costs incurred up to that point shall be borne by the customer. If the instruction is not received within a reasonable period of time, the customer shall be liable for the consequences of default.
11) INDEMNIFICATION IN THE EVENT OF INFRINGEMENT OF THIRD-PARTY RIGHTS
11.1 If, according to the content of the contract, the Supplier, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the Customer, the Customer shall ensure that the content provided to the Supplier by the Customer for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The Customer shall indemnify the Supplier against any claims of third parties which the latter may assert against the Supplier in connection with an infringement of their rights by the contractual use of the Customer’s content by the Supplier. In this context, the customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This shall 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 provide the supplier immediately, truthfully and completely with all information required for the examination of the claims and a defense.
12) DUTY TO COOPERATE
12.1 The Customer (Client) shall arrange for any necessary approvals by third parties, notifications to authorities, obtaining permits in a timely manner and on its own responsibility as well as at its own expense. Furthermore, the customer shall verify whether the goods to be delivered or the service to be performed conform to the applicable legal provisions.
12.2 If the Customer fails to carry out a corresponding check or to obtain the necessary permits, the Supplier shall not be liable for any resulting damage or delays in performance and shall furthermore be entitled to claim from the Customer any additional expenses and costs resulting from the delay caused by the Customer. If the customer is a consumer, the applicability of the provision of § 1168a ABGB remains unaffected.
12.3 In the case of commissioned assembly, the Customer shall ensure that on the agreed delivery or assembly day the respective assembly site is accessible, free of all obstacles and ready for the installation of the sold Product, otherwise the Supplier shall be entitled to claim from the Customer any additional expenses and costs incurred. [Gegebenenfalls streichen]
12.4 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 due to more difficult delivery from the vehicle to the building will be charged separately. For transports beyond the 2nd floor, mechanical means of transport shall be provided by the client. Stairs must be passable. If the performance of the Supplier’s work or the work of persons commissioned by the Supplier is impeded by circumstances for which the Customer is responsible, the corresponding costs (e.g. working time and travel expenses) shall be invoiced.
12.5 Any additional masonry, carpentry, blacksmith, electrician and painting work that may be required shall generally be carried out by the Customer under its own responsibility and at its own expense. The carpenter is not authorized to perform work beyond the scope of his trade. If this additional work, if any, is not completed by the agreed delivery or performance date in such a way that the Supplier can immediately begin installation, the Supplier shall be entitled to claim any additional expenses and costs incurred from the Customer.
12.6 If anchoring to walls and ceilings is necessary, the customer shall ensure that the substrates are suitable for drilling or fastening, otherwise our liability for any resulting damage shall lapse completely.
12.7 The customer shall provide or erect the necessary scaffolding, any masonry work, and the installation and relocation of door and window frames, etc., unless they are expressly stated to be included in the price. Likewise, the necessary light and power current is to be provided by the customer. [Gegebenenfalls streichen]
12.8 The Customer – if necessary also with the assistance of a third party authorized for this purpose – shall be obligated to confirm delivery or performance in accordance with the contract by signing a worksheet.
If the customer is not a consumer, he thereby confirms the defect-free fulfillment of the contract.
13) APPLICABLE LAW/JURISDICTION
All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer is domiciled.
If the Customer is an entrepreneur within the meaning of Section 1.2, the exclusive place of jurisdiction shall be the place of the Supplier’s registered office. Both for actions of the entrepreneur against the consumer and for actions of the consumer against the entrepreneur, the place of jurisdiction is at the domicile of the consumer if the consumer is domiciled in the EU but not in Austria. If the consumer has his domicile or habitual residence in Austria, he can only be sued at the court in whose district the domicile or habitual residence is located; in this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is given by law.
