Terms and Conditions

 

GENERAL TERMS AND CONDITIONS

1. SCOPE
1.1. The present General Terms and Conditions (hereinafter "GTC") apply to
all legal transactions (in particular contracts for work and contracts for work and materials) and for all
Deliveries and services of Almbusch GmbH in relation to the webshop (hereinafter "Almbusch GmbH"), even if not
explicitly refers to them. Deviating terms and conditions of the contracting party apply
only with the express consent of Almbusch.
1.2. The terms and conditions also apply if they were the basis for an initial order and they are not
explicitly a further business relationship or in the case of recurring services and
Orders on call are used as the basis for 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 to observe point 12 of the present terms and conditions.
1.4. The terms and conditions are available at the business premises of Almbusch or its distribution partners,
are provided both for viewing and for download.
1.5. Wherever these GTC refer to the price list, this means the one valid on the delivery day
valid price list from Almbusch GmbH meant.

2. NATURAL PROPERTIES OF THE MATERIALS
2.1. Wood, metal, and the agents used for preserving and treating the wood are
uncontrollable, especially temperature- and (air-) brightness-related color and
Subject to structural fluctuations. Almbusch GmbH therefore provides no warranty for due to
changes to the subject matter of the contract arising from these circumstances. Also provides
Almbusch GmbH provides no guarantee that the contract object as a natural product is suitable for the
suitable for the intended use by the client, provided that this is communicated to Almbusch GmbH in advance
Contract conclusion not informed about the purpose of use and Almbusch GmbH the
Especially guaranteed suitability.

3. CONTRACT CONCLUSION
3.1. A contract is only concluded through written order confirmation within four weeks or
Delivery made by Almbusch GmbH.
3.2. The content of the order confirmation must be checked by the contracting party. The contracting party is
obliged to report deviations from the message transmitted by him immediately in writing
appeal. Otherwise, the legal transaction will be concluded with the content confirmed by Almbusch GmbH
occurred.
3.3. In the event that no specific delivery or performance deadline is agreed upon, the contract
also without the order confirmation, provided the delivery or service by Almbusch GmbH
within a period of four weeks from the date of order placement.
3.4. The contracting party is expressly informed that the representatives of Almbusch GmbH
are not authorized to make agreements that deviate from these terms and conditions. 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 explicitly referred to in the order confirmation.
3.6. In consumer transactions, Almbusch GmbH shall respond within a reasonable period, but no later than within four
weeks from the issuance of the order to the contracting party the order confirmation
transmit, otherwise the contracting party is no longer bound by the order or the offer
bound.
3.7. For manual orders (by phone, email, etc.) of the offered goods that fall below the quantity of pallet-wise purchase, the seller reserves the right to charge a processing fee of €30 for goods value up to €1000, and 3% of the goods value as processing fees and possibly shipping costs for goods value over €1000. Orders placed through the regular online shop ordering system are exempt from these additional costs and are subject to the Shipping and Return Conditions.

4. DELIVERY, TRANSFER OF RISK, ACCEPTANCE DELAY
4.1. The delivery of goods is made free loaded "ex works" / "ex works" (according to INCOTERMS 2010)
from Almbusch GmbH in Rosenau am Hengstpass.
4.2. The risk passes to the contracting party as soon as the goods are delivered to the contracting party or to the
was handed over to a third party commissioned by him (e.g., carrier), in the case of
Default of acceptance by the contracting party from readiness for shipment. This also applies if
Partial deliveries are made or Almbusch GmbH itself carries out the transport on behalf of the contracting party
delivers to the destination.
4.3. The contracting party or the third party commissioned by them (e.g., freight forwarder) must themselves
to ensure flawless loading and/or securing of the goods. Almbusch GmbH is liable
neither for loading nor for anchoring defects.
4.4. Goods not accepted by the agreed delivery or performance date will be
Stored for a maximum duration of eight weeks at the risk and expense of the contracting party. The
Storage fees are to be borne by the contracting party. At the same time, Almbusch GmbH is entitled to
to fulfill the contract or, after setting a reasonable grace period, to withdraw from the contract
to withdraw and dispose of the goods elsewhere. In the case of disposal, a
Contractual penalty of 10% of the goods value (excl. VAT) as agreed.
4.5. In consumer transactions, the risk passes to the buyer when Almbusch GmbH ships the goods.
Loss or damage to the goods only passes to the contracting party once the goods
to the contracting party or to a person designated by them, different from the carrier
is delivered to third parties. However, if the contracting party itself has the transport contract
closed, without using an option proposed by Almbusch GmbH,
the risk passes to the carrier as soon as the goods are handed over.
Contracting party does not acquire ownership at the same time as the transfer of risk
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. Claims for recourse cannot be considered 14 days after receipt of delivery. In the case of returns, the costs are borne by the buyer.

5. DELAY
5.1. In the event of a delay for which Almbusch GmbH is responsible, the contracting party is entitled to withdraw
entitled under the contract, provided that he has given written notice of a reasonable
Grace period for the delivery of the goods or the provision of the service sets and under a
threatens to withdraw from the contract after the grace period has expired. The grace period is then
appropriate if it does not fall below 50% of the original delivery or performance period.
5.2. In the event of a delay for which Almbusch GmbH is responsible and the justified withdrawal of the
The contracting party is only entitled to damages if Almbusch GmbH or its
vicarious agents have caused the delay intentionally or through gross negligence. The liability
for delay damages of Almbusch GmbH, in case of gross negligence, the amount is 1% of the value
of the delayed delivery or service, but not exceeding 10% of the value
of the part of the delivery or service that was not delivered on time, 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 will be provided in accordance with the offer and/or the
Order confirmation based on the underlying specification provided by Almbusch GmbH.
6.2. Minor deviations that do not affect the intended use of a
Sample and/or brochure, which form the basis of the offer or order confirmation
lie (e.g., regarding dimensions, weight, quality, and color, especially due to nature
conditional wood grains and color gradients) are insignificant defects and are considered preliminary
approved.
6.3. Changes and improvements to the agreed deliveries and services, which are based on new
Experiences and/or new scientific events are the basis, remain Almbusch GmbH
expressly reserved.
6.4. The contracting party must immediately accept deliveries and services from Almbusch GmbH after
Examine acceptance and identifiable defects, shortages, or incorrect deliveries
immediately, but no later than within one week after receipt of the deliveries and
Services, hidden defects within one week after their detection, in writing to
objections. The objection must be sufficiently justified and supported with 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 the case of justified defects, Almbusch GmbH is entitled to remedy them within a reasonable period after its
Option to improve the defect, to make up for the missing part, or to replace the goods.
Several corrections and replacement deliveries are permitted. In the case of timely
Improvement, supplementation of the shortfall, or replacement delivery go beyond this
Claims such as contract cancellation (rescission) or price reduction are excluded.
6.7. The warranty expires if the contracting party or a person not authorized by Almbusch GmbH
authorized third party has made changes or repairs to the goods.
6.8. If a warranty commitment is included in the offer or in the order confirmation (this concerns
in any case only to include a "non-genuine warranty contract"), this includes
in no case wear parts (such as seals, etc.) or damage caused by unsuitable or
improper use, natural wear, faulty or negligent handling
or storage have occurred. The warranty commitment is to be understood such that Almbusch GmbH is responsible for
Defects (excluding the previously mentioned cases) arise within the agreed
Warranty period begins after delivery and must be claimed within this period.
6.9. In consumer transactions, the statutory warranty provisions of §§ apply
922ff ABGB and § 9 KSchG.

7. LIABILITY
7.1. As long as this does not violate mandatory law and as far as nothing else is stipulated in these GTC
is regulated, Almbusch GmbH is only liable for the replacement of damages that it caused by gross negligence or
intentionally caused. In the case of gross negligence, liability is limited in amount to the
Contract value, but not exceeding the amount covered by the business liability insurance
covered by Almbusch GmbH, limited. These liability limitations do not apply to the
Compensation for personal injuries.
7.2. For indirect damages, lost profits, interest losses, missed savings,
Consequential and property damage and damages from third-party claims as well as for damages that
due to improper or incorrect use, natural wear, defective or
Almbusch GmbH is not liable for damages caused by negligent handling or storage.

8. PRICES, PAYMENT TERMS AND PAYMENT DEFAULT
8.1. The agreed prices are exclusive of value-added tax at the applicable statutory rate
Height and "ex works" (according to INCOTERMS 2010) in Rosenau am Hengstpass, unless expressly
something else was agreed upon.
8.2. The invoices from Almbusch GmbH are due for payment within 10 days without any charges.
8.3. Almbusch GmbH is entitled to request 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 contracting party does not make the down payment on time, Almbusch GmbH shall not be responsible
Delivery or performance obligation.
8.4. All claims of Almbusch GmbH become immediately due if the contracting party is in default with the
Fulfillment of an obligation towards Almbusch GmbH is delayed. The same applies in the case
the payment setting. Almbusch GmbH is also entitled to immediate withdrawal in these cases
Contract authorized.
8.5. In case of payment default, Almbusch GmbH is entitled
- to charge default interest according to § 456 UGB in business transactions between entrepreneurs. Almbusch GmbH remains
It is without prejudice to claim any further damage separately.
- In consumer transactions, at their choice, the replacement of the actual damage incurred
or to charge the statutory default interest at 4% p.a.
- Reminder, collection, and attorney fees, insofar as they are necessary for appropriate legal enforcement
necessary to assert. This includes, in the case of business transactions between entrepreneurs, without prejudice
further enforcement costs within the meaning of § 1333 para 2 ABGB a flat rate of
EUR 40.
- in the event of the contracting party's payment default from the day of delivery of the goods
to charge compound interest.
- Incoming payments initially to dunning and collection costs as well as costs of a
attorney or judicial collection, then on the accrued default interest and
to be finally credited against the outstanding capital.
8.6. In case of payment default, Almbusch GmbH is entitled to withhold further deliveries or services from
to make advance payments or security deposits conditional. Almbusch GmbH is entitled to,
to claim damages for non-performance in these cases or without prejudice to any
to withdraw from the contract for claims for damages. In this case, they can
accepted bills returned before maturity and immediate cash payment demanded
become.
8.7. Almbusch GmbH is entitled, in the case of multiple outstanding liabilities of the contracting party
incoming payments to be dedicated from own funds.
8.8. The contracting party is not entitled to assert counterclaims, even if they
to be raised due to complaints about defects, to offset against claims of Almbusch GmbH
or to refuse payment unless they have been legally established by a court.
The prohibition of set-off as well as the exclusion of the right of retention do not apply in the case of
Consumer transactions.
8.9. Only goods in perfect condition will be accepted for return and with 90% of the
Value of goods reimbursed. Pickup costs are charged separately.

9. RETENTION OF TITLE
9.1. The goods delivered by Almbusch GmbH remain their property until the goods are
consideration of any incidental costs is fully paid and the contracting party his from
has fully fulfilled the services arising from this contract.
9.2. The contracting party must accept the goods delivered by Almbusch GmbH by
To carefully safeguard the transfer of ownership to him for Almbusch GmbH. The contracting party bears
the entire risk for the reserved goods, in particular the risk of loss, of the
Loss or deterioration.
9.3. In the event of resale of the reserved goods, the contracting party already now,
without the need for any further assignment declaration or notification to him,
Resale of the reserved goods to his customer arising
Claims for the repayment of all demands including ancillary claims up to the amount of the value
of the delivered goods of Almbusch GmbH. The same regulation applies analogously in the case of loading and
Processing, connection, or mixing of the delivered goods.
In this case, Almbusch GmbH acquires 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 resulting from processing
manufactured items essential components of a third party's property, so that this
owner of the property by inseparable connection with the real estate of Almbusch GmbH
delivered goods, the contracting party hereby assigns all claims against the
assigns to Almbusch GmbH, including all ancillary rights, to the extent of the value of the
Goods delivered and installed by Almbusch GmbH.
9.5. In the event of default, the contracting party shall, at the request of Almbusch GmbH, provide its debtor
to notify of the fact of the assignment, which is necessary for asserting the assigned
Demand to provide the necessary information and the required documents for this
to be handed over.
9.6. The contracting party is not entitled to sell goods subject to retention of title
to pledge or transfer as security to Almbusch GmbH. 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 take all necessary steps to protect the interests of Almbusch GmbH.
9.7. In the case of delivery of goods on an ongoing invoice, the retention of title serves as security
of the open balance claim.

10. ASSEMBLY / SHOPFITTING
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 General Terms and Conditions apply to the same extent for 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 headquarters of Almbusch GmbH in Rosenau am Hengstpass.
11.2. For all disputes arising from this contract, the jurisdiction according to § 104 JN shall apply.
agreed upon by the competent ordinary court of the city of Steyr.
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 Law agreed. The choice of law applies to consumers only insofar as
therefore no mandatory legal provisions of the state in which he has his
residence or habitual residence, be 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 the validity of the other provisions.
In this case, the provision that is legally ineffective, invalid, or void (has become)
to replace it with one that is legally effective and valid as well as economically
Effect of the replaced provision as far as possible corresponds.

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 provided 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.
personal data of the client are processed in compliance with, in particular, the
GDPR, the DSG 2018 as well as the TKG are processed. All information regarding
our data processing as well as your rights are described in the privacy policy, which is available at [e.g.: can be accessed, viewed, or will be sent upon request.

13. LIMITATIONS ON THE APPLICATION OF THE TERMS AND CONDITIONS IN CONSUMER TRANSACTIONS
13.1. If the contracting party is a consumer within the meaning of § 1 para 1 KSchG, the following apply
Provisions of these Terms and Conditions not applicable in relation to this: Point 1.1.
last sentence and point 3.4. last sentence (written consent), points 6.3. to 6.7.
(Limitation of warranty), point 7.1. and point 7.2. (Liability limitations),
Item 8.8. (Prohibition of set-off and exclusion of a right of retention), Item 11.2.
(Jurisdiction clause) and point 11.4. (Partial invalidity)

14. CONCILIATION OFFICES FOR CONSUMER TRANSACTIONS
14.1. Almbusch GmbH is obliged to participate in the arbitration board "CONSUMER ARBITRATION",
Mariahilfer Straße 103/1/18, 1060 Vienna, Telephone: 1 890 63 11,
, as out-of-court
to point out the dispute resolution office. Almbusch GmbH will comply with such
Do not join the arbitration procedure.
14.2. The European Commission provides its own platform for (online) dispute resolution.
You will go directly to this if you follow the link
follow (external link!).
Information for consumers regarding the AstG and the ODR-V
On 09.01.2016, the EU Directive on alternative dispute resolution in consumer matters
(RL 2013/11/EU) entered 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.