Terms and Conditions

I. Applicability

All deliveries, services, and offers provided by our company are exclusively based on these terms and conditions; we do not recognize any terms that conflict with or deviate from our terms and conditions, unless we have explicitly agreed to their validity. Actions fulfilling the contract on our part do not imply consent to terms deviating from our conditions. These terms and conditions also apply as a framework agreement for all future legal transactions.

II. Conclusion of Contract

A contract offer from a customer requires an order or order confirmation. An order constitutes an offer to conclude a purchase contract with us. When you place an order with us, we will send you an email confirming the receipt of your order and outlining its details (order confirmation). Dispatching the goods ordered by the customer also constitutes the conclusion of the contract. Offers made to us are binding for the offeror for a reasonable period, but at least for 8 days from the receipt of the offer.

III. Price

All prices quoted by us are, unless explicitly stated otherwise, understood to be exclusive of VAT. Should labor costs rise due to collective bargaining agreements in the industry or internal agreements, or should other cost centers relevant to the calculation or necessary for service provision, such as materials, energy, transport, external work, financing, etc., change, we are entitled to adjust prices accordingly. Point III does not apply to consumer transactions.

IV. Payment Terms, Invoice Dispatch, Default Interest

Unless otherwise agreed, our claims are to be paid in cash concurrently with the delivery of the goods. Cash discounts require separate agreement. In case of payment default, including partial payments, any agreed cash discounts are void. Payments by the customer are only considered made when they are credited to our business account.

In the event of payment default, we are entitled to claim either the actual damage incurred or statutory default interest. Our company is entitled, in the case of payment default by the customer, to claim compound interest from the day of handing over the goods.

The customer agrees to receive invoices electronically. Electronic invoices will be sent to the customer's provided email address in PDF format. Upon explicit customer request, invoice dispatch can also be switched to postal delivery at any time.

V. Withdrawal from Contract

In the case of acceptance delay (point VII.) or other important reasons, such as insolvency of the customer or rejection of bankruptcy due to lack of assets, as well as in the case of payment default, we are entitled to withdraw from the contract, provided it has not been fully performed by both parties. In the event of withdrawal, we may, in cases of customer fault, either claim a flat-rate compensation of 15% of the gross invoice amount or the actual damage incurred. In case of payment default, we are released from all further obligations to perform and deliver and entitled to retain pending deliveries or services, demand advance payments or securities, or withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without authorization or seeks its cancellation, we can either insist on contract fulfillment or agree to the cancellation of the contract; in the latter case, the customer is obligated to pay either a flat-rate compensation amounting to 15% of the gross invoice amount or the actual damage incurred, at our discretion.

For contracts concluded via distance selling (§§ 5a et seq. Consumer Protection Act), the consumer can withdraw from the contract within 7 working days; Saturdays are not considered working days. The withdrawal period begins on the day the goods are received by the consumer or, in the case of services, on the day the contract is concluded. To meet the withdrawal deadline, it's sufficient to send the withdrawal declaration within the period. If the consumer withdraws from the contract under this rule, they must bear the costs of returning the goods. If a loan was taken out for the contract, they must also bear the costs of notarizing signatures and any charges (fees) for the loan grant. For services whose execution begins within 7 working days from the contract conclusion as agreed, withdrawal is not possible.

VI. Reminder and Collection Fees

In case of default, the customer agrees to reimburse the creditor for any reminder and collection costs that are necessary for appropriate legal pursuit. The customer specifically agrees to cover the fees of the collection agency according to the rates stipulated in the regulation of the Ministry of Economic Affairs regarding maximum fees for collection agencies. If the creditor manages the collection internally, the debtor agrees to pay €10.90 per reminder and €3.63 for maintaining records of the debt relationship per semester.

VII. Delivery, Transport, Acceptance Default

Our sales prices do not include costs for delivery, assembly, or installation. These services will be provided or organized by us for a separate fee upon request. The actual costs incurred for transport or delivery, plus a reasonable administrative surcharge, but no less than the freight and carriage rates customary or applicable on the delivery date for the chosen transport type, will be charged. If the customer fails to take delivery as agreed (acceptance default), we are entitled, after an unsuccessful grace period, to either store the goods at our premises and charge a storage fee of 0.1% of the gross invoice amount for each commenced calendar day, or to store the goods at the expense and risk of the customer with an authorized tradesperson. Simultaneously, we are entitled to either insist on contract fulfillment or, after setting a reasonable grace period of at least 2 weeks, withdraw from the contract and dispose of the goods elsewhere.

VIII. Delivery Deadline

We are only obliged to execute the performance once the customer has fulfilled all necessary obligations required for execution, particularly providing all technical and contractual details, preliminary work, and preparatory measures. We are entitled to exceed agreed deadlines and delivery times by up to one week. After this period, the customer may withdraw from the contract, provided they set a reasonable grace period beforehand.

IX. Place of Performance

The place of performance is the location of our company's headquarters.

X. Minor Performance Changes

If the transaction does not involve a consumer transaction, minor or other reasonable changes to our performance or delivery obligations are deemed approved in advance by our customers. This particularly applies to variations that stem from the nature of the matter (e.g., in dimensions, colors, wood and veneer patterns, grain and texture, etc.).

XI. Liability for Damages

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in consumer transactions, to damages to items accepted for processing. Unless it concerns a consumer transaction, the burden of proving slight or gross negligence lies with the injured party. If it is not a consumer transaction, the limitation period for claims for damages is three years from the transfer of risk. The provisions for compensation contained in these terms or otherwise agreed upon also apply if the claim for compensation is made alongside or instead of a warranty claim.

Before connecting or transporting IT products or installing computer programs, the customer must adequately secure the existing data on the computer system; otherwise, they are responsible for lost data and related damages.

XII. Product

& Information LiabilityRecourse claims within the meaning of § 12 Product Liability Act are excluded unless the claimant proves that the defect was caused in our sphere and at least grossly negligent.All information and texts on this website have been carefully checked and prepared to the best of our knowledge. However, no claim is made for completeness, timeliness, quality, or accuracy of the provided information. No liability is assumed for damages arising from reliance on the contents of this website or their use.XIII. Retention of OwnershipAll goods are delivered under retention of ownership and remain our property until full payment has been made. Assertion of the retention of ownership does not constitute a withdrawal from the contract unless explicitly declared as such. Upon return of goods, we are entitled to charge any incurred transportation and handling costs. In case of third-party access to the retained goods, particularly through seizure, the customer undertakes to point out our ownership and notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business includes trading in the purchased goods, they may not dispose of the retained goods until the outstanding payment claim is fully settled, particularly not sell, pledge, give away, or loan them. The customer bears full risk for the retained goods, especially the risk of loss, destruction, or deterioration.XIV. Assignment of ClaimsIf goods are delivered under retention of ownership, the customer hereby assigns their claims against third parties arising from the resale or processing of our goods to us as a form of payment until full settlement of our claims. Upon our request, the customer must disclose their debtors to us and notify them of the assignment in a timely manner. The assignment must be recorded in the business records, specifically in the open-item list, and made visible on delivery notes, invoices, etc., to the debtor. In case of payment default, the customer must segregate the sale proceeds received and hold them on our behalf. Any claims against an insurer are now already assigned to us within the limits of § 15 of the Insurance Contract Act. Claims against us may not be assigned without our explicit consent.XV. Right of RetentionIf it is not a consumer transaction, the customer, in the case of justified complaints, is not entitled to retain the entire gross invoice amount but only a reasonable portion thereof.XVI. Choice of Law, JurisdictionAustrian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction. If it’s not a consumer transaction, the court with subject-matter jurisdiction at our company's headquarters has exclusive local jurisdiction to decide all disputes arising from this contract.XVII. Data Protection, Address Changes, and CopyrightThe customer consents to their personal data included in the purchase contract being stored and processed by us with the aid of automated systems to fulfill this contract.The customer is obliged to notify us of changes to their residential or business address as long as the contractual legal transaction has not been fully fulfilled by both parties. If such notification is not provided, declarations will still be considered received if sent to the last known address. Plans, sketches, or other technical documents, as well as samples, catalogs, brochures, illustrations, and the like, remain our intellectual property; the customer does not acquire any rights to use or exploit them under any circumstances.