General Terms and Conditions

As of: 01.01.2018

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) Repairs
   7) Delivery and Shipping Terms
   8) Retention of Title
   9) Warranty
   10) Liability
   11) Indemnification in case of Violation of Third-Party Rights
   12) Obligation to Cooperate
   13) Applicable Law/Place of Jurisdiction
   14) Data Protection

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 Carpentry Kaindlbauer GmbH (hereinafter referred to as “Supplier”), 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 Supplier 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 Supplier in writing.

2) Contract Conclusion Online/Distance Selling

2.1 The product descriptions in the Supplier’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 “order button”, the Customer submits a legally binding offer of contract with regard to the goods in the shopping cart.

2.3 The Supplier can accept the offer of the Customer in writing or text form (per fax, e-mail or 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 Supplier 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 “order button”. In this case, the Supplier – 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 “order 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 Supplier and submitted together with the GTC to the Customer in writing (per fax, e-mail or mail). Furthermore, the contract will be archived on the Supplier’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 Supplier 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 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 Supplier 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 Supplier 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 Supplier – 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 Supplier in writing or signs the Supplier’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

While we would bring your attention to our General Refund Policy, if you are contracting online as a consumer and are an EU resident, the EU Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the products.

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.

 

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 Basically, all goods are deemed to be ordered without installation. Unless agreed otherwise, a commissioned installation will be invoiced according to standard hourly rate upon provision of proof. Requested additional time, overtime, night hours and other additional costs are to be paid separately in accordance with the collectively or statutorily agreed premium rate.

5.3 In case of deliveries to countries outside of the European Union, additional costs may be incurred in individual cases which we are not responsible for and are to be paid by the Customer. These include costs for the money transfer by credit institutions (e.g. transfer fees, exchange fees) or import duties and taxes (e.g. customs fess). Such costs may also be incurred relating to money transfers even if the delivery is not made to a country outside of the European Union, but the payment is made from a country outside the European Union.

5.4 The Customer may choose between different payment options for orders in the distance selling, which are specified in our online shop.

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

5.6 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.

5.7 If you select the payment method delivery on invoice, the purchase price is due after the good has been delivered and invoiced. In this case, the purchase price is due without discount within 14 (fourteen) days after receipt of the invoice, unless agreed otherwise. The Supplier reserves the right to offer delivery on purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the Customer will be advised via online payment information about a corresponding payment restriction.

5.8 For contracts that have not been completed via the online shop, 30 % of the order sum is – unless agreed otherwise – due upon receipt of the order confirmation; any agreed delivery deadline begins with the payment date. Another 30 % of the order amount is due upon delivery. If the Customer does not fulfill this obligation, the Supplier is entitled to withhold the delivery. The rest is payable following completion and final accounting. Invoices are due within 14 days.

5.9 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.

5.10 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 Supplier has unsuccessfully reminded the Customer on pain of default and granted an additional period of grace of at least two weeks.

6) Repairs

6.1 The Supplier shall notify the Customer of the inefficiency of a repair if the Customer does not expressly insist on reinstatement at any price. If it only becomes clear in the course of carrying out a repair that the item is unsuitable for reinstatement and this could not have been foreseen by our company on conclusion of the contract in spite of its specialist knowledge, then our company must advise the Customer of this without delay. In this case, the Customer must pay the costs that have accumulated up to this time or, if he insists and this is still technically possible, the costs for assembly of dismantled items.

7) Delivery and Shipping Terms

7.1 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.

7.2 If the transport company sends the goods back to the Supplier, 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.

7.3 If the Customer is a merchand, the risk of accidental loss or deterioration of the goods shall pass to the Customer as soon as the Supplier has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the Customer is a consumer, the risk of accidental loss or deterioration of the goods shall generally pass to the Customer only at the time of delivery of the good to the Customer or to an authorised recipient. Deviant from this, the risk of accidental loss or deterioration of the goods also shall pass to the Customer as soons as the Supplier has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the Supplier has not previously designated this person or institution to the Customer.

7.4 In case the goods are collected by the Customer, the Supplier 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 Supplier at the Supplier’s location. In this case, no shipping costs will be charged.

8) Retention of Title

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

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

8.3 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 Supplier 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 Supplier’s athority to collect the claim itself remains uneffected. The Supplier shall not however collect the receivables as long as the Customer fulfills his payment obligations to the Supplier, does not default in payment and no application is filed for the opening of an insolvency proceeding.

9) Warranty

In the case of defects, the provisions of the statutory warranty apply. Deviating from this:

9.1 For entrepreneurs

1. an insignificant defect basically justifies no warranty claims;
2. the Supplier has the choice of the type of remedy;
3. the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

9.2 If the Customer is a consumer, he is requested to file a claim to the deliverer for goods delivered with obvious transportation damage and to inform the Supplier about that. If the Customer does not follow this procedure this has no impact on his statutory or contractual claims for compensation of defects.

9.3 The Customer is put on notice that maintenance work must be possibliy carried out on his part, in particular fittings and common components are to be controlled and possibly oiled or greased, sealing joints are to be checked regularly and exterior coatings (e.g. windows) are to be treated in each case according to varnish or glaze type and weathering influence. This work is not part of the scope of the contract, unless expressly agreed otherwise. Failure to perform the necessary maintenance work can affect the service life and the functionality of the elements, without justifying any right to claims for damages against the contractor.

9.4 The professional installation of modern windows and exterior doors improves the energy quality of the building and makes the building envelope tighter. To maintain the indoor air quality and to prevent the formation of mold, additional requirements for ventilation of the building according to Ö-Norm must be met. A possibly necessary ventilation concept is a planning task that is not subject of the order to our company. This task is always to be arranged by the client/Customer. During the heating season, care must be taken to ensure that there is sufficient air humidity, as otherwise there is a risk of excessive joint and damage formation. A lack of care or maintenance by the Customer leads to the elimination of warranty claims.

10) Liability

The Supplier 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:

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

10.2. If the Supplier 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.

10.3. Any other liability is precluded.

10.4. 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 Supplier 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.

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

11.1 If the Supplier, 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 Supplier 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 Supplier against all claims of third parties which they may assert against the Supplier in connection with a violation of their rights by the contractual use of the contents of the Customer by the Supplier. 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 Supplier immediately, correctly and completely with all information necessary for the examination of the claims and a defense.

12) Obligation to Cooperate

12.1 Any necessary grants, permits or approval required from or through a third party, notification or reporting to regulatory or council body is at the cost and responsibility of the Customer (client). Furthermore, the Customer shall review whether the goods to be delivered or the service to be performed comply with the applicable legal requirements.

12.2 If no such examination is made or required permits are obtained by the Customer, the Supplier shall not be liable for any possibly resulting damage or delays in execution and shall be entitled to claim additional expenses and costs resulting from the delay caused by the Customer. If the Customer is a consumer, the application of Article 1168a ABGB (Allgemeines Bürgerliches Gesetzbuch, Austrian general civil law) will not be affected by it.

12.3 In case of commissioned assembly, the Customer is obliged to ensure that the respective assembly point is accessible, free of all obstacles and ready for installation of the sold product on the agreed delivery or assembly day, otherwise the Supplier is entitled to charge the Customer for any additional expenses and cost incurred.

12.4 When making the good delivery, it is assumed that the vehicle can drive up directly to the building and be unloaded there. Additional costs caused by longer transport distances or difficult delivery from the vehicle to the building will be charged separately. For transportation beyond the second floor, mechanical means of transport have to be provided by the client. Stairways have to be unobstructed. If the performance of the Supplier’s work or of persons commissioned by him is hindered by circumstances for which the Customer is responsible, the corresponding costs (e.g. working hours and travel expenses) shall be invoiced.

12.5 Any supplementary masonry, carpentry, blacksmith, electrician and painting work must be carried out by the Customer on his own responsibility and at his own expense. The carpenter is not authorised to carry out work outside his trade. If any additional work is not completed on the agreed delivery or service date in such a way that the Supplier can start assembling immediately, he is entitled to claim any additional expenses and costs incurred from the Customer.

12.6 In case of necessary anchorages on walls and ceilings, the Customer must ensure that the substrates are suitable for drilling or attaching, otherwise our liability for resulting damages ceases.

12.7 The Customer is – if necessary also with the assistance of a third party athorised to do so – upon contract-conform delivery or service obliged to confirm this with his signature. If the Customer is not a consumer, he thereby confirms the defect-free fulfillment of the contract.

13) 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 Supplier’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.

Payment Methods:
PayPal (credit card, debit card, bank transfer)
When this payment method is chosen, you will be redirected to PayPal in the next step. Has the required data been entered there, you will automatically return to this shop to complete the order.

14) Data Protection
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