GTC

 

GENERAL TERMS AND CONDITIONS

1. SCOPE OF APPLICATION
1.1.These General Terms and Conditions (hereinafter "GTC") apply to
all legal transactions (especially contracts for work and work supply) and for all
deliveries and services of Almbusch GmbH regarding the webshop (hereinafter "Almbusch GmbH"), even if not
are expressly referred to. Deviating GTC of the contracting party apply
only with the express consent of Almbusch.
1.2.The GTC also apply if they were the basis for an initial order and are not
expressly for further business relationships or for recurring services and
orders on call are based on the later order.
1.3.For consumer transactions within the meaning of § 1 para 1 KSchG (Consumer Protection Act; as amended:
("consumer transactions") these GTC apply with the regulations for consumer transactions
deviations. Customers who are consumers are requested in this context
especially note point 12 of these GTC.
1.4.The GTC are available at the business premises of Almbusch or their sales partners,
are made available both for viewing and for download.
1.5.Where these GTC refer to the price list, this means the one valid on the day of delivery.
valid price list of Almbusch GmbH is meant.

2. NATURAL PROPERTIES OF THE MATERIALS
2.1.Wood, metal, and the agents used for preserving and treating the wood are
uncontrollable, in particular temperature- and (air-) light-related color and
subject to structural fluctuations. Therefore, Almbusch GmbH does not guarantee color and
changes to the contract object arising from these circumstances. Almbusch GmbH also does not provide
Almbusch GmbH gives no warranty that the contract object as a natural product is suitable for the
is suitable for the intended purpose of use specified by the client, provided this is communicated to Almbusch GmbH before
not informed about the intended purpose of use at the time of contract conclusion and Almbusch GmbH
has been expressly guaranteed to be suitable.

3. CONCLUSION OF CONTRACT
3.1.A contract is only concluded by written order confirmation within four weeks or
concluded by delivery by Almbusch GmbH.
3.2.The content of the order confirmation must be checked by the contracting party. The contracting party is
obliged to immediately notify in writing of any deviations from the message transmitted by them.
complain. Otherwise, the legal transaction is concluded with the content confirmed by Almbusch GmbH
is concluded.
3.3.In the event that no specific delivery or service deadline is agreed upon, the contract
also comes into effect without the order confirmation, provided the delivery or service by Almbusch GmbH
is made within a period of four weeks from the date of order placement.
3.4. The contracting party is expressly informed that representatives of Almbusch GmbH
are not authorized to make agreements that deviate from these GTC. Such
agreements require written confirmation by a managing director of Almbusch GmbH.
3.5. Information in catalogs, brochures, websites, etc. is non-binding and only
contract content, if it is explicitly referred to in the order confirmation.
3.6. In consumer transactions, Almbusch GmbH will provide the contracting party with the order confirmation within a reasonable period, but no later than four
within weeks of placing the order, the contracting party will receive the order confirmation.
to transmit, otherwise the contracting party is no longer bound to the order or the offer.
binding.
3.7. For manual orders (by phone, email, etc.) of offered goods below pallet quantity, the seller reserves the right to charge a processing fee of €30 for goods up to €1000 in value, and 3% of the goods' value for goods over €1000, plus any shipping costs. Orders placed through the regular online shop ordering system are exempt from these additional fees and are subject to the Shipping and Return Conditions.

4. DELIVERY, TRANSFER OF RISK, DEFAULT OF ACCEPTANCE
4.1. Delivery of goods is made free loaded "ex works" (according to INCOTERMS 2010).
by Almbusch GmbH in Rosenau am Hengstpass.
4.2. The risk passes to the contracting party as soon as the goods are handed over to the contracting party or the
handed over to a third party commissioned by them (e.g., freight forwarder), in the case of
default of acceptance by the contracting party from the readiness for dispatch. This also applies if
Partial deliveries are made, or Almbusch GmbH itself arranges transport on behalf of the contracting party.
to the destination.
4.3. The contracting party or a third party commissioned by them (e.g., freight forwarder) must arrange
to ensure proper loading and/or anchoring of the goods. Almbusch GmbH is liable
neither for loading nor for anchoring defects.
4.4. Goods not accepted at the agreed delivery or performance date will be stored for the
stored for a maximum period of eight weeks at the risk and expense of the contracting party. The
Storage fees must be borne by the contracting party. At the same time, Almbusch GmbH is entitled to charge
contract fulfillment exists or, after setting a reasonable grace period, the contract may be terminated.
to withdraw and dispose of the goods elsewhere. In the case of disposal, a
Contractual penalty of 10% of the goods' value (excluding VAT) is agreed upon.
4.5. In consumer transactions, the risk passes to the buyer when Almbusch GmbH ships the goods.
loss or damage to the goods passes to the contracting party only once the goods have been delivered
to the contracting party or to a third party designated by them, different from the carrier
delivered to third parties. However, if the contracting party itself has concluded the transport contract
concluded without using a selection option proposed by Almbusch GmbH,
thus, the risk passes to the carrier as soon as the goods are handed over. The
The contracting party does not acquire ownership of the goods at the same time as the risk passes.
goods. Almbusch GmbH reserves ownership according to point 9 (retention of title) of these GTC
before, as long as the goods are not fully paid.
4.6. The goods must be checked immediately upon receipt by the recipient for completeness and integrity. Recourse claims cannot be considered 14 days after receipt of delivery. The buyer bears the costs of returns.

5. DELAY
5.1. In the event of a delay attributable to Almbusch GmbH, the contracting party is entitled to withdraw
entitled to withdraw from the contract if, after the delay has occurred, they have given written notice of a reasonable
sets a grace period for the delivery of the goods or the provision of the service and under a
threatens withdrawal from the contract after the grace period has expired. The grace period is then
is reasonable if it does not fall below 50% of the original delivery or service period.
5.2. In the event of delay attributable to Almbusch GmbH and the justified withdrawal by the
The contracting party only has a claim for damages if Almbusch GmbH or its
if agents caused the delay intentionally or through gross negligence. Liability
for delay damages of Almbusch GmbH is limited to 1% of the value in cases of gross negligence
of the delayed delivery or service, but at most 10% of the value
of the part of the delivery or service that was not delivered on time is limited.
Any further claim for damages is excluded. This limitation
does not apply to consumer transactions.

6. WARRANTY
6.1. The agreed deliveries and services are provided according to the offer and/or the
specification underlying the order confirmation provided by Almbusch GmbH.
6.2. Minor deviations that do not affect the intended use from a
patterns and/or brochure that form the basis of the offer or order confirmation
exist (e.g., regarding dimensions, weight, quality, and color, especially due to the natural
conditional wood grains and color gradients) are insignificant defects and are considered anticipated
as approved.
6.3. Changes and improvements to the agreed deliveries and services based on new
based on experience and/or new scientific findings, Almbusch GmbH remains
expressly reserved.
6.4.The contracting party must inspect deliveries and services from Almbusch GmbH immediately after
inspect upon receipt and report visible defects, shortages, or incorrect deliveries
immediately, but no later than one week after receipt of deliveries and
services, hidden defects must be reported in writing within one week of discovery,
complaints. The complaint must be sufficiently justified and supported by evidence.
6.5.The warranty period is a maximum of twelve months from acceptance. The existence of
defects must be proven by the contracting party. §§ 924 ABGB and 933b ABGB do not apply.
application.
6.6.In case of justified defects, Almbusch GmbH is entitled to remedy them within a reasonable period after notification.
choice to remedy the defect, supplement the missing items, or replace the goods.
Multiple repairs and replacement deliveries are permitted. In the case of timely
Improvement, supplementation of missing quantities, or replacement delivery are further
claims such as contract cancellation (rescission) or price reduction are excluded.
6.7.The warranty expires if the contracting party or a third party not authorized by Almbusch GmbH
an authorized third party has made changes or repairs to the goods.
6.8.If a warranty commitment is made in the offer or order confirmation (this is
only includes a "non-genuine warranty contract"), this includes
in no case wear parts (such as seals, etc.) or damages caused by unsuitable or
improper use, natural wear, faulty or negligent handling
or storage. The warranty commitment is to be understood such that Almbusch GmbH is responsible for
defects (except the cases listed above) that arise within the agreed
occur after delivery and are claimed within this warranty period.
6.9.For consumer transactions, the statutory warranty provisions of §§
§§ 922ff ABGB and § 9 KSchG.

7. LIABILITY
7.1.As long as this does not violate mandatory law and unless otherwise stated in these GTC,
regulated, Almbusch GmbH is only liable for damages caused by gross negligence or intent.
intentionally caused. In cases of gross negligence, liability is limited in amount to
contract value, but at most to the amount covered by the business liability insurance
covered by Almbusch GmbH, is limited. These liability limitations do not apply to
Compensation for personal injuries.
7.2.For indirect damages, lost profits, interest losses, missed savings,
consequential and financial losses and damages from claims of third parties as well as damages that
due to unsuitable or improper use, natural wear and tear, faulty or
Almbusch GmbH is not liable for damages caused by negligent handling or storage.

8. PRICES, PAYMENT TERMS AND DEFAULT
8.1. The agreed prices are exclusive of VAT at the statutory rate applicable at the time.
amount and "ex works" (according to INCOTERMS 2010) in Rosenau am Hengstpass, unless expressly
unless otherwise agreed.
8.2. The invoices of Almbusch GmbH are due for payment within 10 days free of charge.
8.3. Almbusch GmbH 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 GmbH.
If the contractual partner does not make the down payment on time, Almbusch GmbH bears no
delivery or service obligation.
8.4. All claims of Almbusch GmbH become due immediately if the contractual partner is in default with the
fulfillment of an obligation to Almbusch GmbH is in default. The same applies in the case of
payment suspension. In these cases, Almbusch GmbH is also entitled to immediate withdrawal from the
contract entitled.
8.5. In case of payment default, Almbusch GmbH is entitled
- in business transactions with entrepreneurs, to charge default interest according to § 456 UGB. Almbusch GmbH remains
it remains unaffected to claim any further damage separately.
- In consumer transactions, at their discretion, compensation for the actual damage incurred
or to offset the statutory default interest of 4% p.a.
- dunning, collection, and attorney costs, insofar as they are necessary for appropriate legal enforcement
necessary to assert. This includes, in business transactions with entrepreneurs, without prejudice to
a flat rate of EUR 40 for additional collection costs pursuant to § 1333 para 2 ABGB.
EUR 40.
- in case of default of the contractual partner from the day of delivery of the goods
compound interest to be claimed.
- Incoming payments are first applied to dunning and collection costs as well as costs of
legal or court collection, then to the accrued default interest and
lastly to be credited to the outstanding principal.
8.6. In case of payment default, Almbusch GmbH is entitled to withhold further deliveries or services from
advance payments or security deposits to make them conditional. Almbusch GmbH is entitled to,
in these cases to claim damages for non-performance or without prejudice to any
to withdraw from the contract for claims for damages. In this case, it is possible
bills of exchange received returned before maturity and immediate cash payment demanded
to apply incoming payments accordingly.
8.7. Almbusch GmbH is entitled, in the case of several outstanding liabilities of the contracting party,
incoming payments from its own funds.
8.8. The contracting party is not entitled to assert counterclaims, even if they
to offset claims made due to complaints about defects with claims of Almbusch GmbH
or to refuse payment unless they have been legally established by a court.
The prohibition of set-off and the exclusion of the right of retention do not apply in cases of
consumer transactions.
8.9. Only goods in perfect condition will be accepted back and credited at 90% of the
value of the goods. Collection costs will be charged separately.

9. RETENTION OF TITLE
9.1. The goods delivered by Almbusch GmbH remain its property until the goods have been paid for in full under
taking into account any incidental costs, is fully paid, and the contracting party has fulfilled its obligations arising from
has fully fulfilled the services arising from this contract.
9.2. The contracting party must keep the goods delivered by Almbusch GmbH until
to carefully safeguard the transfer of ownership to it for Almbusch GmbH. The contracting party bears
all risks for the reserved goods, in particular the risk of loss, damage,
loss or deterioration.
9.3. In the event of resale of the reserved goods, the contracting party hereby already assigns,
without the need for a further assignment declaration or notification, which arise for it from the
resale of the reserved goods to its customer arising
claims to settle all demands including ancillary claims up to the value of
of the delivered goods to Almbusch GmbH. The same regulation applies analogously in the case of processing or
processing, connection, or mixing of the delivered goods.
In this case, Almbusch GmbH acquires co-ownership of the items produced through processing
co-ownership in proportion to the delivery value of their goods to the newly manufactured items.
9.4. If the goods delivered by Almbusch GmbH or those produced from them by processing or manufacturing
essential components of a third party's property, so that this third party
through the inseparable connection with the property, owner of the items manufactured by Almbusch GmbH
delivered goods, the contracting party hereby assigns all claims against the
to third parties along with all ancillary rights to Almbusch GmbH, up to the value of the goods delivered by
goods delivered and installed by Almbusch GmbH.
9.5. In the event of default, the contracting party must, at the request of Almbusch GmbH, provide its debtors
to notify of the fact of the assignment, which is necessary to assert the assigned
Demand to provide the required information and the necessary documents for this purpose
to third parties.
9.6. The contracting party is not entitled to hand over goods subject to retention of title
pledge or transfer to Almbusch GmbH as security. In the event of seizure or
in case of other claims by third parties, the contracting party is obliged to
to assert the ownership rights of Almbusch GmbH, to notify Almbusch GmbH immediately
and to take all necessary steps to protect the interests of Almbusch GmbH.
9.7. In the case of delivery of goods on an ongoing invoice basis, the retention of title serves to secure
of the open balance claim.

10. ASSEMBLY / SHOP FITTING
10.1. Unless otherwise agreed, all prices are understood ex works (Rosenau am Hengstpass) including
packaging and without assembly
10.2. The liability rules of point 7 of these GTC apply to the same extent to the
organs, legal representatives, employees, and other vicarious agents of
Almbusch GmbH.

11. PLACE OF PERFORMANCE, JURISDICTION, APPLICABLE LAW, PARTIAL INVALIDITY
11.1. The place of performance for all services under this contract is the registered office of Almbusch GmbH in Rosenau am Hengstpass.
11.2. For all disputes arising from this contract, the jurisdiction of the competent ordinary court of the city of Steyr is agreed according to § 104 JN.
the competent ordinary court of the city of Steyr is agreed.
11.3. Between the contracting parties, the application of Austrian law is agreed upon under
exclusion of the conflict of law rules of private international law (IPRG, Rome I Regulation) and
of the UN Sales Convention is agreed. For consumers, the choice of law applies only insofar as
this does not affect mandatory legal provisions of the state in which he has his
residence or habitual abode is restricted.
11.4. Should provisions of these GTC be legally ineffective, invalid, or void or become so,
this does not affect the legal validity and enforceability of the remaining provisions.
In this case, the legally ineffective, invalid, or void (became) provision
to be replaced by one that is legally effective and valid as well as economically
effect of the replaced provision as far as possible.

12. CONSENT
12.1. The data related to the business relationships (in particular name,
address, telephone and fax numbers, email addresses, order, delivery, and
billing address, order date, ordered or delivered products or services,
quantity, price, delivery dates, payment and dunning data, etc.) are processed by Almbusch GmbH
stored and further processed. The contracting party declares their consent to this.
Our data protection responsibility is of the highest priority for Almbusch GmbH. The
personal data of the client is processed in compliance especially with the
processed in accordance with the GDPR, DSG 2018, and TKG. All information regarding
our data processing as well as your rights are described in the privacy policy, which is available at [e.g.:] or can be viewed or sent upon request.

 

13. AFFILIATE PROGRAM

13.1. To act as an "Affiliate" for WOOD4PROS, registration in the designated portal and approval by Almbusch GmbH are required. The decision on approval is solely at the discretion of Almbusch GmbH.

13.2. Commission payments are possible from an amount of €100 and are made after the affiliate contacts Almbusch GmbH.

13.3. Affiliates are not allowed to use terms such as "discount", "discount code", "promo code", "promotion", or similar on the website, blog posts, videos, social media posts, or other public contributions. This applies especially to meta texts, image descriptions, and other SEO-relevant sections. Almbusch GmbH reserves the right to revoke affiliate approval at any time and without notice if search engine optimization or other advertising activities are detected.

14. RESTRICTIONS ON THE APPLICATION OF THE GTC IN CONSUMER TRANSACTIONS
14.1. If the contractual partner is a consumer within the meaning of § 1 para 1 KSchG, the following
Provisions of these GTC in relation to this do not apply: point 1.1.
last sentence and point 3.4. last sentence (written consent), points 6.3. to 6.7.
(Limitation of warranty), points 7.1. and 7.2. (Liability limitations),
Point 8.8. (Prohibition of set-off and exclusion of a right of retention), point 11.2.
(Jurisdiction clause) and point 11.4. (Partial invalidity)

15. DISPUTE RESOLUTION BODIES FOR CONSUMER TRANSACTIONS
15.1. Almbusch GmbH is obliged to refer to the arbitration board "CONSUMER ARBITRATION",
Mariahilfer Straße 103/1/18, 1060 Vienna, Phone: 1 890 63 11,
, as out-of-court
to refer to the dispute resolution body. Almbusch GmbH will comply with such
Do not join the arbitration procedure.
15.2. The European Commission provides its own platform for (online) dispute resolution.
You will be taken directly to this if you follow the link
(external link!) follow.
Information for consumers regarding the AStG and the ODR Regulation
On 09.01.2016, the EU Directive on alternative dispute resolution in consumer matters
(Directive 2013/11/EU) came into force, which is implemented in the so-called "Alternative Dispute Resolution Act" (AStG)
was.
This applies to disputes concerning obligations arising from paid contracts between
Entrepreneurs based in Austria and consumers from the EEA.