GENERAL TERMS AND CONDITIONS

As of: 01.11.2018

Contents

1) General
2) Contract Conclusion Online/Distance Selling
3) Contract Conclusion outside of Distance Selling/Quotations/General Information
4) Right of Withdrawal
5) Prices and Terms of Payment
6) Delivery and Shipping Terms
7) Retention of Title
8) Warranty
9) Liability
10) Indemnification in case of Violation of Third-Party Rights
11) Applicable Law/Place of Jurisdiction

1) General

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between the client, purchaser or principal (hereinafter referred to as “Customer”) and us, the seller Monika Graber (hereinafter referred to as “Seller”), with regard to our goods and/or services, in particular purchase contracts, contracts for work or other services ordered (commissioning, installation etc.). Herewith the inclusion of the Customer’s own terms and conditions is contradicted, unless agreed otherwise. If the Seller is in long-term business relationship with the Customer, these terms and conditions shall apply even if no reference is made to their applicability. The terms and conditions also apply to follow-up orders, even if not expressly agreed in writing or orally.

1.2 According to these GTC, a consumer is any natural person who concludes a legal transaction for purposes, which can be attributed neither to their commercial nor their personal professional activity. According to these GTC, an entrepreneur is any natural or legal entity or partnership that in concluding a legal transaction is acting in the execution of its commercial or independent business activity.

1.3 Employees of our company are prohibited to make agreements which deviate from these conditions. Oral agreements are only binding if they are confirmed by the Seller in writing.

2) Contract Conclusion Online/Distance Selling

2.1 The product descriptions in the Sellers’s online shop do not represent binding offers but merely serve the purpose of submitting a binding offer by the Customer.

2.2 The Customer can submit the offer via the order form integrated into our online shop. Has the Customer added the selected goods and/or services to the virtual shopping cart and gone through the electronic ordering process, by clicking on the “check out button”, the Customer submits a legally binding offer of contract with regard to the goods in the shopping cart.

2.3 The Seller can accept the offer of the Customer in writing or text form (per e-mail) provided that the order confirmation is received by the Customer, the ordered good is delivered to the Customer or the Customer is invoiced after the order was placed. If more than one of the above alternatives is present, the conract shall become effective when one of the aformentioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects “Pay Pal” as his payment option during the online ordering process, he also issues a payment order to his payment service provider by clicking on the “check out button”. In this case, the Seller – deviating from clause 2.3 – already declares acceptance of the Customer’s offer at the time the payment transaction is triggered by clicking on the “check out button”.

2.5 The period for acceptance of the offer shall start on the day following dispatch of offer by the Customer and ends with the expiry of the fifth day following dispatch of offer.

2.6 When submitting an offer via online order, the contract will be saved by the Seller and submitted together with the GTC to the Customer in writing (per e-mail). Furthermore, the contract will be archived on the Seller’s website and is freely available to the Customer through his password-protected client account with the respective login information insofar as the Customer had created a client account at the online shop of the Seller prior to sending his order.

2.7 Prior to issuing a binding placement of an order, the Customer can correct his entries permanently by the usual user functions. In addition, prior to sending the binding order, all data are displayed again in a confirmation window and may be corrected there by the usual user functions.

2.8 The German and English language is exclusively available for the conclusion of the contract.

2.9 The order processing and the establishment of contact take place per e-mail and automated order processing. The Customer must ensure that the e-mail address given by him for order processing is valid in order that e-mails sent by the Seller will be received via this address. In particular, the Customer must make sure in the use of SPAM filters that all e-mails sent by the Seller or by the third parties hired by him for processing the orders can be delivered.

3) Contract Conclusion outside of Distance Selling/Quotations/General Information 

3.1 Oral communications of the Seller – also on Customer request– are non-binding, even if they include prices, deadlines and other technical specifications.

3.2 The contract is in effect with order confirmation sent to the Customer or, in the absence thereof, the execution of the delivery. The contract shall also be concluded without order confirmation, if the Customer accepts the offer made by the Seller in writing or signs a Seller’s written order template.

3.3 If the order confirmation signed by the Customer should differ from his order made, the order comfirmation shall apply in case of doubt, provided that the Customer is not a consumer. In this case, no contract is concluded in respect of the consumer.

3.4 Our quotations are only binding, when they have been created specifically for a Customer and submitted in writing. Furthermore, all our written quotations are chargeable, in particular if they include detailed planning requests from the Customer. This fee will be deduced from the order total on placement of the order. We are bound to these quotations 60 days from issue date.

3.5 Insignificant, reasonable deviations in the dimensions and workmanship (colour and structure), especially for repeat orders, are reserved – regardless of the type of contract concluded – , as long as these are customary and within the nature of the used materials. Objectively justified changes in particular include changes caused by materials, e.g. in the case of dimensions, colours, wood and veneer pattern, grain and structure etc.

4) Right of Withdrawal

If you have purchased products from the website and if you decide to cancel your order, the Directive provides that you must advise us within 14 days of receipt of the products.

Please see our return conditions.

5) Prices and Terms of Payment

5.1 Unless specified otherwise in the product descriptions, the prices quoted are total prices including statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.

5.2 The Customer may choose between different payment options for the order, which are specified in our online shop.

5.3 In case prepayment is agreed upon purchase via the online shop, the payment is due immediately after conclusion of the contract.

5.4 If you select the payment method “PayPal”, you will be redirected to the PayPal payment service provider (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the following PayPal conditions of use which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5.5 In case of delay, the Customer undertakes to reimburse the costs incurred by the creditor for reminders and collection necessary for appropriate legal prosecution, insofar as these are in a reasonable proportion to the claim being enforced as well as to pay interest rates to the amount of 9 % p.a.. Statutory default interests for entrepreneurs remain unaffected.

5.6 If the Customer does not fulfill his payment obligations, discontinues his payments or if insolvency or composition proceedings are opened over his assets, the whole of the outstanding debt shall become due for payment. In the case of consumer business, this only applies if the Supplier itself has already provided the goods and services, at least one outstanding payment by the Customer has been due for at least six weeks and the Seller has unsuccessfully reminded the Customer on pain of default and granted an additional period of grace of at least two weeks.

6) Delivery and Shipping Terms

6.1 The delivery of goods is effected on the dispatch route to the delivery address indicated by the Customer. In the handling of the transaction, the delivery address specified by the Customer in the ordering process of the vendor is relevant. Deviant from this, the delivery address specified during the PayPal payment is applicable, if PayPal has been chosen as payment modality by the Customer.

6.2 If the transport company sends the goods back to the Seller, because delivery to the Customer was not possible, the Customer bears the costs for unsuccessful shipping. This does not apply if the Customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless when the Supplier has notified the Customer for a reasonable time in advance about the service.

6.4 In case the goods are collected by the Customer, the Seller first informs the Customer per 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 after consultation with the Seller at the Seller’s location. In this case, no shipping costs will be charged.

7) Retention of Title

7.1 The Seller reserves the right of ownership on the delivered goods to consumers until full payment of the purchase price is made.

7.2 With respect to entrepreneurs, the Seller reserves the right of ownership on the delivered goods until full settlement of all claims arising from an ongoing business relationship have been made.

7.3 If the Customer is a consumer, he has the right to resale the conditional commodity in regular business. All claims resulting from such course of business against third parties shall be transferred in the amount of the respective invoice value (including VAT) in advance to the Seller by the Customer. This transfer applies irrespective of whether the conditional goods are resold before or after processing. The Customer shall retain the right to collect the receivables also after the assignement. The Seller’s athority to collect the claim itself remains uneffected. The Seller shall not however collect the receivables as long as the Customer fulfills his payment obligations to the Seller, does not default in payment and no application is filed for the opening of an insolvency proceeding.

8) Warranty

In the case of defects, the provisions of the statutory warranty apply.

9) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and legal, as well as tort claims for damages and reimbursement of expenses as follows:

9.1. The Seller shall be liable without limitation on any legal ground for intent or gross negligence, intentional or negligent injury to life, body or health.

9.2. If the Seller negligently breaches a material contractual obligation, the liability is limited to the contractually typical, foreseeable damage, unless liability is unlimited according to the above clause.

9.3. Any other liability is precluded.

9.4. If drawings or dimensional information are provided by the Customer, then he shall be liable for the correctness, unless their incorrectness is obvious or actual measurements have been agreed. If a plan, measurement or instruction of the Customer proves to be incorrect, the Seller must inform the Customer immediately and ask for appropriate instructions within a reasonable period of time. The costs incurred until then are payable by the Customer.

10) Indemnification in case of Violation of Third-Party Rights

10.1 If the Seller, under the terms of the contract, not only owes the delivery of goods but also the processing of the goods conforming to specifications given by the Customer, the Customer must ensure that the content provided to the Seller by him for the purpose of processing does not violate the rights of third parties (e.g. copyrights or trademark rights). The Customer indemnifies the Seller against all claims of third parties which they may assert against the Seller in connection with a violation of their rights by the contractual use of the contents of the Customer by the Seller. The Customer also assumes the costs of the necessary legal defence including any court and lawyer fees according to the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In case of a claim by a third party, the Customer is obligated to provide the Seller immediately, correctly and completely with all information necessary for the examination of the claims and a defense.

11) Applicable Law/Place of Jurisdiction

All legal relations between the Parties are subject to the law of Austrian Republic with the exclusion of UN purchasing law. The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer is resident, is not withdrawn. If the Customer is a merchant in the sense of clause 1.2, the Seller’s place of business is agreed as the exclusive place of jurisdiction. For both, the entrepreneur’s actions against the consumer and the consumer’s claims against the entrepreneur, the place of jurisdiction is the cosnumer’s place of residence, if it is in the EU but not in Austria. If the consumer’s residence or habitual place is in Austria, he can be sued only in the court in which’s jurisdiction the residence of the Customer is located. In this case, the entrepreneur can be sued by the Customer only at his place of business, unless another place of jurisdiction is given by law.
Special Information for International Shipping:

In case of deliveries abroad, additional import duties, taxes and customs fees may incur which are not included in the total price.