Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS


1. SCOPE OF APPLICATION
1.1.The present General Terms and Conditions (hereinafter referred to as “GTC”) apply to
all legal transactions (in particular contracts for work and materials and materials) and for all
deliveries and services of Almbusch OG in relation to the web shop (hereinafter "Albusch OG"), even if no express reference is made to them. Deviating general terms and conditions of the contractual partner apply only with the express consent of Almbusch > Call-off orders are used as a basis for the subsequent order.
1.3.For consumer transactions within the meaning of Section 1 (1) KSchG (Consumer Protection Act; idF:
"Consumer transactions"), these General Terms and Conditions apply with the
deviations regulated for consumer transactions. In this context, customers who are consumers are requested to
pay particular attention to point 12 of these GTC.
1.4.The GTC are available on the business premises of Almbusch or its sales partners,
are published under both provided for viewing and downloading.
1.5.As far as reference is made to the price list in these terms and conditions, this means the Almbusch price list valid on the day of delivery
.
2. NATURAL PROPERTIES OF THE MATERIALS
2.1.Wood, metal and the means used to preserve and treat the wood are
subject to uncontrollable color and structure fluctuations, particularly those caused by temperature and (air) brightness. Almbusch OG therefore provides no guarantee for changes to the subject matter of the contract that occur as a result of these circumstances. Also
Almbusch OG does not guarantee that the subject matter of the contract as a natural product is suitable for the intended purpose of the customer if this does not inform Almbusch OG about the intended use before the conclusion of the contract and Almbusch OG the
suitability has particularly assured.
3. CONCLUSION OF CONTRACT
3.1.A contract only comes about through written order confirmation within four weeks or
delivery by Almbusch OG.
3.2.The content of the order confirmation is to be checked by the contractual partner. The contractual partner is
obligated to immediately give written notice of deviations from the message it has sent. Otherwise, the legal transaction comes about with the content confirmed by Almbusch OG or performance by Almbusch OG
within a period of four weeks from the placing of the order.
3.4.The contractual partner is expressly informed that the representatives of Almbusch OG
are not entitled to make agreements that are deviate from these GTC. Such
agreements require written confirmation by a managing director of Almbusch OG.
3.5.Information in catalogues, brochures, websites, etc. are non-binding and only
become part of the contract if they are expressly referred to in the order confirmation .
3.6.In the case of consumer transactions, Almbusch OG must send the order confirmation to the contractual partner within a reasonable period of time, but no later than four
weeks after the order was placed, otherwise the contractual partner is no longer bound to the order or the offer br> bound.
4. DELIVERY, TRANSFER OF RISK, DEFAULT IN ACCEPTANCE
4.1.The delivery of goods is free on truck "ex works"/"ex works" (iSd INCOTERMS 2010)
from Almbusch OG in Rosenau am Hengstpass .
4.2.The risk passes to the contractual partner as soon as the goods have been handed over to the contractual partner or to a third party commissioned by the contractual partner (e.g. forwarding agent), in the event that the contractual partner is in default of acceptance from the point at which the goods are ready for dispatch. This also applies if partial deliveries are made or Almbusch OG carries out the transport to the place of destination itself on behalf of the contractual partner. 4.3 to cause. Almbusch OG is not liable for loading or anchoring defects. 4.4. Goods not accepted by the agreed delivery or service date will be stored for a maximum of eight weeks at the risk and expense of the contractual partner. The contractual partner must bear the
storage fees. At the same time, Almbusch OG is entitled to insist on the fulfillment of the contract or to withdraw from the contract after setting a reasonable period of grace and to use the goods elsewhere. In the event of utilization, a contractual penalty of 10% of the value of the goods (excl. VAT) is agreed. 4.5. In consumer transactions - if Almbusch OG sends the goods - the risk of loss or damage passes of the goods is only transferred to the contractual partner as soon as the goods are delivered to the contractual partner or to a third party designated by the contractual partner who is different from the carrier. However, if the contractual partner has concluded the contract of carriage himself, without using one of the options suggested by Almbusch OG, then the risk passes to the carrier as soon as the goods are handed over. However, the contractual partner does not acquire ownership of the goods at the same time as the risk passes. Almbusch OG retains ownership in accordance with Item 9 (retention of title) of these GTC
as long as the goods have not been paid for in full.
5. DELAY
5.1.In the event of a delay for which Almbusch OG is responsible, the contractual partner entitled to withdraw from the contract if, after the delay has occurred, he sets a reasonable grace period in writing for the delivery of the goods or the provision of the service and threatens to withdraw from the contract after the grace period has expired. The period of grace is appropriate if it is not less than 50% of the original delivery or service period. 5.2 Compensation if Almbusch OG or its vicarious agents have caused the delay intentionally or through gross negligence. Almbusch OG's liability for damage caused by delay in the event of gross negligence amounts to 1% of the value of the delivery or service that is in default, but no more than 10% of the value of that part of the delivery or service that is not was delivered on time.
Any further claims for damages are excluded. This restriction
does not apply to consumer transactions.
6. GUARANTEE
6.1. The agreed deliveries and services are provided in accordance with the offer and/or the
order confirmation on which Almbusch OG is based.
6.2. Minor deviations from a sample and/or brochure on which the offer or order confirmation is based, which do not impair the intended use (e.g. with regard to dimensions, weight, quality and colour, in particular caused by nature Wood grain and color gradients) are insignificant defects and are considered approved in advance.
6.3.Almbusch OG
expressly reserves the right to change and improve the agreed deliveries and services based on new
experiences and/or new scientific events
6.4 > to examine the takeover and to give notice in writing of recognizable defects, shortfalls or wrong deliveries immediately, but no later than one week after taking over the deliveries and services, hidden defects within one week of their discovery. The complaint must be sufficiently reasoned and documented with evidence.
6.5.The warranty period is a maximum of twelve months from acceptance. The existence of defects must be proven by the contractual partner. § 924 ABGB and § 933b ABGB do not apply. 6.6. In the case of justified defects, Almbusch OG is entitled to choose to improve the defect, add what is missing or replace the goods within a reasonable period of time.
Multiple repairs and replacement deliveries are permitted. In the case of timely
improvement, addition of the missing quantity or replacement delivery, further
claims such as cancellation of the contract (change) or price reduction are excluded.
6.7.The warranty expires if the contractual partner or one of Almbusch OG does not
an authorized third party has made changes or repairs to the goods.
6.8.Should the offer or the order confirmation contain a promise of guarantee (this is
in any case only a "false guarantee contract"), this includes under no circumstances wear parts (such as seals, etc.) or damage caused by unsuitable or improper use, natural wear and tear, incorrect or negligent handling or storage. The guarantee promise is to be understood in such a way that Almbusch OG is responsible for defects (except for the cases listed above) that occur within the agreed guarantee period after handover and are asserted within this period. 6.9.In consumer transactions the statutory warranty provisions of §§
922ff ABGB and § 9 KSchG apply.
7. LIABILITY
7.1.Almbusch is liable insofar as this does not violate mandatory law and insofar as nothing else is regulated in these General Terms and Conditions
OG only for compensation for damage caused by gross negligence or willful intent. In the event of gross negligence, liability is limited to the amount of the contract value, but no more than the amount covered by Almbusch OG's business liability insurance. These limitations of liability do not apply to compensation for personal injury Almbusch OG is not liable for unsuitable or improper use, natural wear and tear, faulty or negligent treatment or storage. 8. PRICES, PAYMENT TERMS AND PAYMENT DELAY 8.1 in each case the statutory
amount and “ex works”/“ex works” (in the sense of INCOTERMS 2010) in Rosenau am Hengstpass, unless expressly
something else has been expressly agreed.
8.2. The invoices from Almbusch OG are due within 10 days due for payment free of charges.
8.3.Almbusch OG is entitled to demand a down payment of 50% of the order amount. This is to be paid within eight days of receipt of the order confirmation issued by Almbusch OG. If the contractual partner does not make the down payment on time, Almbusch OG shall have no delivery or service obligation. 8.4.All claims of Almbusch OG become due immediately if the contractual partner defaults on the fulfillment of an obligation towards Almbusch OG. The same applies in the event that payments are suspended. In these cases, Almbusch OG is also entitled to withdraw from the contract immediately. 8.5. In the event of default in payment, Almbusch OG is entitled to charge interest on arrears in the case of entrepreneurial transactions in accordance with § 456 UGB. Almbusch OG remains
at liberty to claim additional damage separately.
- In the case of consumer transactions, you can choose to charge compensation for the damage actually incurred
or the statutory default interest of 4% pa.
- to assert dunning, collection and legal costs, insofar as they are necessary for appropriate legal prosecution. In the case of entrepreneurial transactions, this includes a lump sum of EUR 40, without prejudice to additional operating costs within the meaning of Section 1333 (2) ABGB demand.
- Incoming payments are initially offset against dunning and collection costs as well as the costs of a
legal or judicial collection, then against the accrued interest on arrears and
finally against the outstanding capital.
8.6.In the event of a delay in payment, Almbusch OG is entitled to make further deliveries or services dependent on advance payments or security deposits. In these cases, Almbusch OG is entitled to demand damages for non-performance or to withdraw from the contract without prejudice to any claims for damages. In this case, accepted bills of exchange can be returned before they expire and immediate cash payment can be demanded 8.8. The contractual partner is not entitled to set off counterclaims against claims of Almbusch OG or to refuse payment, even if they are made on the basis of notifications of defects, unless they have been legally established The ban on offsetting and the exclusion of the right of retention do not apply to
consumer transactions.
8.9. Only goods in perfect condition will be taken back and 90% of the value of the goods will be reimbursed. Collection costs will be charged separately.
9. RESERVATION OF TITLE
9.1. The goods delivered by Almbusch OG remain their property until the goods have been paid for in full, taking into account any ancillary costs, and the contractual partner has fully performed the services resulting from this contract. 9.2. The contractual partner must carefully store the goods delivered by Almbusch OG for Almbusch OG until the transfer of ownership to him. The contractual partner bears the entire risk for the reserved goods, in particular the risk of destruction, loss or deterioration. 9.3. In the case of the resale of the reserved goods, the contractual partner hereby assigns, without the need for a further declaration of assignment or agreement, the claims arising from the resale of the reserved goods against his customer for the settlement of all claims including ancillary claims up to to the amount of the value
of the goods delivered to Almbusch OG. The same regulation applies analogously to the case of treatment and
processing, connection or mixing of the delivered goods.
In this case, Almbusch OG obtains co-ownership of the items produced through the processing
in proportion to the delivery value of their goods the newly manufactured items.
9.4.If the goods delivered by Almbusch OG or the items produced from them through treatment and processing
become essential components of the property of a third party, so that this
becomes the owner of the goods delivered by Almbusch OG
through the inseparable connection with the property , the contractual partner hereby assigns all claims against the
third party including all ancillary rights to Almbusch OG, this in the amount of the value of the goods delivered and installed by
Almbusch OG
9.5. In the event of default, the contractual partner must inform its debtors of the fact of the assignment at the request of Almbusch OG, provide the information required to assert the assigned claim and hand over the documents required for this.
> 9.6. The contractual partner is not entitled to pledge or assign as security goods from
Almbusch OG that are subject to retention of title. In the event of seizure or other claims by third parties, the contractual partner is obliged to assert Almbusch OG's ownership right, to notify Almbusch OG immediately and to take all necessary steps to safeguard Almbusch OG's interests set.
9.7. If goods are delivered on a current account, the retention of title serves to secure
the open balance claim.
10. ASSEMBLY / SHOPFITTING
10.1. Unless otherwise agreed, all prices are ex works (Rosenau am Hengstpass) including
packaging and excluding assembly
10.2. The liability rules of point 7. of these General Terms and Conditions apply to the same extent for the
organs, legal representatives, employees and other vicarious agents of
Almbusch OG 11.1. Place of performance for all services from this contract is the headquarters of Almbusch OG in Rosenau am Hengstpass.
11.2. For all disputes arising from this contract, according to § 104 JN, the competent court of the city of Steyr is agreed. 11.3. The application of Austrian law to the exclusion of the reference norms of international private law (IPRG, Rom-I-VO) and the UN sales law is agreed between the contracting parties. The choice of law applies to consumers only insofar as it does not restrict any mandatory legal provisions of the state in which they have their place of residence or habitual abode. 11.4. Should provisions of these General Terms and Conditions be or become legally ineffective, invalid or void,
this does not affect the legal effectiveness and validity of the remaining provisions.
In this case, the legally ineffective, invalid or void (which has become ) To replace a provision
with one that is legally effective and valid and corresponds as far as possible to the replaced provision in terms of its economic
effect.
12. CONSENT
12.1. The data related to the business relationship (in particular name,
address, telephone and fax numbers, e-mail addresses, order, delivery and
billing address, order date, ordered or delivered products or services,
Quantity, price, delivery dates, payment and dunning data, etc) are stored and processed by Almbusch OG
. The contractual partner declares his agreement to this.
Our data protection responsibility is of the highest priority for Almbusch OG. The
personal data of the client will be processed in compliance with the
GDPR, the DSG 2018 and the TKG. All information regarding
our data processing and your rights can be found in the data protection declaration, which can be accessed at [e.g.: or will be sent on request.
13.RESTRICTIONS ON THE APPLICATION OF THE GTC FOR CONSUMER TRANSACTIONS
131. If the contractual partner is a consumer within the meaning of Section 1 (1) KSchG, the following
provisions of these GTC are not applicable in relation to this: Point 1.1.
last sentence and Point 3.4. last sentence (written consent), point 6.3. to 6.7.
(limitation of warranty), point 7.1. and point 7.2. (limitations of liability),
Point 8.8. (ban on offsetting and exclusion of a right of retention), point 11.2.
(place of jurisdiction clause) and point 11.4. (Partial invalidity)
14. ARBITRATION BODIES IN CONSUMER BUSINESSES
14.1. Almbusch OG is obliged to refer to the arbitration board "CONSUMER ARBITRATION",
Mariahilfer Straße 103/1/18, 1060 Vienna, phone: 1 890 63 11,
, as an out-of-court
dispute arbitration board. Almbusch OG will not join such
arbitration proceedings.
14.2. The European Commission provides its own platform for (online) dispute resolution.
You can access it directly by following the link
(external link!).
Information for consumers regarding the AstG and the ODR -V
On January 9th, 2016, the EU directive on alternative dispute resolution in consumer matters
(RL 2013/11/EU) came into force, which was implemented in the so-called “Alternative Dispute Settlement Act” (AStG)< br>.
This applies to disputes over obligations arising from paid contracts between
companies based in Austria and consumers from the EEA.

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