IMPRINT + TERMS AND CONDITIONS

Conclusion of contract
Subsidiary agreements to a purchase contract, in particular promises made by an employee, are only valid if they are agreed in writing – with the exception of consumer transactions. With the signing of the purchase contract, the sale is concluded and binding for both parties. We cannot accept subsequent change requests, especially with regard to furniture and interior design goods that are already in progress, cut yard goods or rejected wood. If the buyer provides plans or makes dimensional specifications, he is liable for their accuracy, unless their inaccuracy is obvious or a natural dimension has been agreed. If an instruction from the buyer proves to be incorrect, we will inform him immediately and ask him for appropriate instructions. In the event of inadequate timely instructions, the buyer shall bear not only the costs incurred up to that point, but also the consequences of default. Mass-produced furniture and interior design goods are sold according to the model. There is therefore no claim to delivery of the exhibition samples.

Warranty
If the buyer requests cancellation or reduction of the price, we as the seller can free ourselves from our obligation to perform at our discretion by subsequently adding what is missing or by effecting an improvement, or – in the case of searching for a specific type – by exchanging the defective item within a reasonable period of time – in the absence of other agreements, a maximum of 8 weeks. Insofar as furnishings are made of wood, it must be taken into account that natural features such as knotholes, cracks or different color shades do not reduce the value of the furnishings to a minor extent. Also, commercially customary, minor deviations in colors or patterns of room textiles or floors are considered accepted. We assume no liability for damages and consequential damages which are caused as a result of slight negligence by us or persons for whom we are responsible. However, we are also liable for personal injury caused by us or one of our assistants, even if this was only caused by slight negligence. If we have promised guarantees, these only apply if the products are used properly, in particular professionally installed and properly maintained. The guarantee promise does not cover wear and tear of any kind, nor does it cover damage caused by the customer or third parties. The buyer can only make qualitative claims on the ordered goods to an extent that is reasonably or commercially customary for goods in the price range of the ordered goods. The guarantee conditions of the manufacturers apply to guarantees promised by manufacturers.

Product liability
We can free ourselves from claims under the Product Liability Act by naming the manufacturer or supplier in due time. Any recourse claims are only considered justified if the error was caused in our sphere and was at least grossly negligent.

Retention of title
If the object of purchase is handed over to the buyer before payment, it remains our property until full payment (including all ancillary fees, in the case of acceptance of discountable bills of exchange and checks until they are cashed) (reserved goods). Until the purchase price claim has been settled, the buyer may not dispose of the reserved goods and bears the full risk for the goods entrusted to him, in particular for the risk of destruction, loss or deterioration. For the duration of the retention of title, the buyer must treat the delivered goods with care and consideration. In the event of access by third parties – in particular by seizure – to the reserved goods, the buyer must point out our ownership and notify us immediately so that we can enforce our property rights.

Terms of payment and default
We reserve the right to demand up to a maximum of 50% of the order amount as a down payment, unless otherwise agreed, the due date for the (remaining) contract fee is the day of collection or delivery of the furnishings. Insofar as we accept payment by bill of exchange, check, bank or customer cards, our claim will only be settled when these means are cashed. Discount expenses are borne by the customer. The buyer can only offset claims asserted by us with such claims that have been legally established or recognized by us in writing. If the buyer is in default of payment, we are entitled to charge default interest of 8% above the secondary market yield, but at least 10%. In addition, the customer must pay reminder fees of a flat rate of € 5 per reminder sent and € 5 per half-year for keeping the debt relationship on record in the dunning system. If the 2nd reminder is unsuccessful, we are entitled to commission a collection agency, the costs of which the customer must reimburse us up to the maximum amounts specified in the regulation BGBl 1996/141 idgF. In the event of default in payment, we are also released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries, demand advance payments or collateral or withdraw from the contract after setting a reasonable grace period. In the latter case, we are entitled to charge a flat rate of 25% of the invoice amount or the actual damage incurred as liquidated damages.

Loss of deadline
If an installment purchase has been agreed, we reserve the right, in the event of non-payment of partial amounts for at least six weeks in accordance with § 13 KSchG, to demand immediate payment of the entire outstanding debt.

Right of withdrawal of the buyer in consumer transactions
The buyer has a right of withdrawal in the cases covered by § 3/I KSchG (doorstep transactions). If the consumer has therefore not submitted his contractual declaration either in the rooms permanently used for our business purposes or at a stand used by us for this purpose at a trade fair or market, he can withdraw from his contract application or from the contract. In addition, the buyer can only withdraw from the contract or contract application if, without his fault, circumstances relevant to his consent, which we have expressly presented as probable in the contract (e.g. prospect of a loan), do not occur or only to a significantly lesser extent (§ 3/II KSchG). In both cases, the withdrawal can be declared within one week if the customer has received written instructions on this right of withdrawal. In the second case, the period begins to run as soon as it is recognizable to the consumer that the circumstances mentioned do not occur or only to a significantly lesser extent. However, the right of withdrawal expires at the latest one month after the complete fulfillment of the contract by both contracting parties.

Cancellation fee
A withdrawal from the contract is otherwise only permitted for an important reason. If we agree to an unjustified withdrawal, we are entitled to charge a cancellation fee of 25% of the sales price, subject to further compensation for damages. This compensation for damages may in particular concern the costs of planning work, requested samples, travel, etc. Insofar as planning work is not compensated separately, we assert our copyrights to corresponding planning documents in the event of the buyer’s withdrawal from the contract.

Prices, acceptance and delivery of goods
Our sales prices include the costs for delivery, assembly or installation only in the case of a separate agreement. The sales prices are inclusive of the statutory value added tax in the case of consumer transactions. Delivery dates are always considered as indicative dates. If this non-binding indicative date has been exceeded by more than three weeks, the buyer can set us a reasonable grace period of at least 14 days. The buyer is obliged to accept partial deliveries. These are due upon delivery. In the case of self-collection, the transport risk lies with the buyer. On request, all items purchased from us will be delivered, set up or assembled for an additional fee to be paid in addition to the collection price. If the buyer has not taken over the purchased goods by the agreed date, we are entitled to store the contract goods with us, charging a storage fee of 0.1% of the invoice amount per commenced calendar day, and to insist on the fulfillment of the contract. If at least two months have passed since the beginning of the default of acceptance, we can in this case pass on any price increases that have occurred in the meantime due to wage increases under collective agreements or material price increases accordingly. After setting a reasonable grace period, we can also withdraw from the contract at any time and resell the goods to another customer after the withdrawal has taken place. In this case, we are entitled to charge a flat rate of 25% of the invoice amount or the actual damage incurred as liquidated damages. In the event of disruptions in our business operations or in the business operations of our supplier for which we are not responsible, such as strikes, lockouts or elementary events, a corresponding extension of the delivery time is deemed to have been agreed.

Packaging material
The right of return within the meaning of the Packaging Ordinance is limited to packaging of the type, shape and size that we carry in our range.

IT data
The buyer agrees that his personal data will be included in our customer file until he revokes it and that he can thus be informed about our products, new products and events or price promotions.

Liability of several buyers
If several buyers have committed themselves through a purchase contract, they are liable for the fulfillment of all obligations assumed in this contract in accordance with ABGB as joint and several debtors.

Applicable law
Austrian law applies. The applicability of the UN Sales Convention is excluded. Should one of these contractual agreements be ineffective or void for any reason, in particular under the KSchG, the remaining part shall nevertheless remain valid.