General terms and conditions of business
- 1. General
1.1. General terms and conditions (AGB) for customers of Neonschwarz GmbH, Salzgries 2, 1010 Vienna, phone number +43 158 51 792, email@example.com, Internet: www.bretz-austria.at, ATU 62581067, FN278814X, Commercial Court: Commercial Court Vienna, object of the company: trade.
1.2. Our range of goods and services is aimed exclusively at unlimited legal persons and legal entities. Persons not or limited, and the approval of their legal representative, are only authorized to use the range offered.
Images on our homepage only serve the product presentation and do not represent a legally binding offer.
- 2. Contract conclusion, allowance
2.1. In order to conclude a contract between a customer and our company, a written undercuting of the order confirmation by the customer, including the transmission to us, and deposits of the agreed down payment are required. A mere subordinate to our order confirmation is not sufficient for a contract.
2.2. If a customer only transmits the signed order confirmation to us without making the agreed down payment, we will offend 10% of the order volume. Subsequent change requests, especially with regard to furniture and room equipment that are already in progress, cannot be accepted
- 3. Prices, accepted payment methods, shipping costs
All prices are included, including statutory sales tax and plus any shipping costs. We offer prepayment, Sofortüberweisung, credit card, ……………………………………………. We reserve the right to exclude certain payment methods in individual cases.
- 4. Payment
As in the order confirmation, the payment is recorded in writing and is due in the event of a willingness to deliver or take over the goods. At the latest when the customer is taken over by the customer, the agreed invoice amount must be paid in full, otherwise the goods will not be completed. If the customer does not meet his payment obligation despite the reminder and setting of a 14-day period, we are entitled to withdraw from the purchase contract. In the event of withdrawal from the purchase contract, we are entitled to withhold the down payment as a conventional penalty. The assembly of the delivered goods is not included in the delivery costs or the price of the product.
- 5. Reference to title
The goods remain our property until they are completely paid.
- 6. Delivery, delivery dates, delivery period, delay in acceptance, contract withdrawal
6.1. The delivery period only applies after receiving the down payment of at least 50 percent of the order value. A withdrawal from the purchase contract due to late delivery is only possible if we are granted a grace period of 8 weeks. If we can only partially meet our delivery period, this is not entitled to withdraw from the entire contract. If only individual components are not delivered on time, the claim for the delivered parts is due. Claims for damages due to late delivery are excluded. The complete invoice amount is due for the transfer or willingness to deliver.
6.2. Our sales prices do not include costs for delivery, assembly or list. On request, these services will be made or organized by us for separate payment. For transport or delivery, the costs actually spent and an appropriate directing costs will be charged.
6.3. If the customer has not taken over the goods as agreed (default of acceptance), we are entitled to store the goods, whereby the customer has to pay a storage fee of 0.1% of the gross calculation amount or at least EUR 50.00 per calendar day started. At the same time, we are entitled to either insist on the fulfillment of the contract, or to withdraw from the contract after setting a reasonable grace period comprehensive at least two weeks and to use the goods. The customer must be paid for the costs of a new delivery.
6.4. If the customer is a consumer within the meaning of the KSchG, the risk of doom and the random deterioration of the goods with the transfer of the goods to the customer or to their representative or to the person who is present at the delivery address and who can be handed over to the goods, above. If the customer is in arrears with the takeover of the goods, the risk of doom and the random deterioration of the goods passes to the customer with delay in acceptance.
6.5. 5 percent are charged as default interest by annum plus sales tax.
6.6. If ordered goods are no longer available for reasons that are outside of our sphere of influence, we will notify them immediately. Claims for damages are excluded.
- 7. Dimensions
The customer is obliged to check whether the goods ordered by the customer can be transported and set up on the destination selected by the customer based on the individual dimensions and nature. We assume no liability and guarantee for the impossibility of transport. The customer bears the risk of transport due to the dimensions of the goods and due to the individual dimensions.
- 8. Warranty/consequential damage
8.1. The customer, the consumer is within the meaning of the Consumer Protection Act, has the choice of whether he wants the improvement or exchange of the goods. However, we are entitled to refuse the remedy chosen by the customer if it is either impossible or only possible in relation to the other with disproportionate effort. If an improvement is not possible, the customer can either reduce price reduction or, unless it is a minor defect, change the contract.
8.2. If the customer is an entrepreneur, we have the right to vote as to whether we grant the improvement or exchange of the goods for defects. The customer who is an entrepreneur has defects of the goods that he has determined or would have to have determined if the business was properly carried out by examining or should have determined within a period of 7 days from receipt of the goods, otherwise warranty claims are excluded. The timely sending of the notice of defects is sufficient to meet the deadline. The burden of proof for all entitlement requirements, in particular for the existence of the defect, time for the defect and timely notice of the defect.
8.3. If the customer is an entrepreneur, only the product description of the manufacturer is generally considered agreed. Public statements, promotions or advertising from the manufacturer do not represent the goods.
8.4. Insofar as furnishings are made of wood, it must be taken into account that natural features such as branch holes, cracks or different color shades do not reduce the value of the furnishings. Commercial, minor deviations in colors or patterns are also considered accepted.
- 9. Mahn- und Enkassospen
The contractual partner (customer) undertakes to replace the dunning and collection expenses that arise for the creditor, insofar as they are necessary for the purpose of legal prosecution, in particular he is committed to replacing the remuneration of the invalided debt collection, which from the regulation of the BMWA about the maximum rates of remuneration due to collection institutions. If the creditor operates the dunning system himself, the debtor undertakes to pay an amount of EUR 5.00 per half of the year for the evidence attitude of the acceptance.
- 10. Data protection, change of address, copyright
The customer gives his consent that the personal data withdrawn in the purchase contract are also saved and processed by us in fulfilling this contract. The customer is obliged to announce the changes to our residential or business address as long as the legal transaction in question is not fully fulfilled on both sides. If this notification is not carried out, explanations are also considered to be received if they are sent to the last announced address. Plans, sketches or other technical documents, as well as patterns, catalogs, brochures, illustrations and the like, always remain our intellectual property. The customer does not receive any types of value or exploitation rights.
For details, please refer to our data protection declaration.
- 11. Right of withdrawal / declaration of withdrawal for purchase contracts in online trade and distance sales for consumers ISD KSchG
- 11.1. Recruiting right / declaration of withdrawal:
The customer has the right to revoke this contract within 14 days without giving reasons. The cancellation period is 14 days from the day,
a) A customer or a third party named by him who is not the carrier who has taken possession of the goods when the customer has ordered a goods or several goods as part of a uniform order and the goods or goods delivered uniformly is or become; or
b) on which the customer or a third party named by him, who is not the carrier, took possession of the last goods if the customer has ordered several goods as part of a uniform order and the goods are delivered separately; or
c) on which the customer or a third party named by him, who is not the carrier, took possession of the last partial end or the last piece if the customer has ordered a goods that are delivered in several partial shipments or pieces.
In order to exercise the right of cancellation, the customer must (Neonschwarz GmbH, Salzgries 2, 1010 Vienna, telephone number: +43 158 51 792, email: firstname.lastname@example.org) by means of a clear explanation, for example, postal writing or email about the decision, To revoke this contract. The customer can use the pattern - cancellation form, which is not prescribed. The sample form can be accessed here (sample cancellation form).
To maintain the cancellation period, it is sufficient if the customer grants notifying the exercise of the right of withdrawal before the cancellation period expires.
- 11.2. Consequences of the revocation:
If the customer revokes the contract, Neonschwarz GmbH has all payments that Neonschwarz GmbH received from the customer, including the delivery costs (with the exception of the additional costs, which result from the fact that the customer has a different type of delivery than that of the Neonschwarz GmbH has chosen the cheapest standard delivery) to repay immediately and at the latest within 14 days from the day, on which the notification of the revocation of this contract was received by Neonschwarz GmbH. For this repayment, Neonschwarz GmbH uses the same means of payment that the customer used in the original transaction.
If the order is recalled, the delivery costs of the corresponding goods value will be reimbursed in proportion.
Neonschwarz GmbH can refuse the repayment until Neonschwarz GmbH has received the goods back or until the customer has provided evidence that he has returned the goods, depending on which the earlier time is.
The customer must return the goods immediately and in any case at the latest within 14 days of sending the declaration of cancellation. The deadline is preserved if the customer sends the goods before the deadline of 14 days.
The customer bears the immediate costs of returning the package. The customer also bears the immediate costs of the return of non -packet -shipping goods (e.g. via freight forwarder).
The customer only has to pay for any loss of value of the goods if this loss of value is due to a handling of the quality, properties or functionality of the goods that are not necessary.
- 11.3. Exclusion of the right of withdrawal
The right of cancellation does not exist in the case of contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination of the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- 12. Final provisions
12.1. The application of Austrian law is agreed for all contractual relationships, and the application of the UN sales law is excluded.
For all disputes arising directly or indirectly from this contractual relationship, the jurisdiction of the locally responsible court is agreed. Consumers within the meaning of the Consumer Protection Act can also sue their residence. We also have the right to complain to the customer at his seat or place of residence.
12.3. If individual provisions of the contract with customers, including these general terms and conditions, are or become ineffective in whole or in part, this does not affect the validity of the other provisions.
The completely or partially ineffective regulation is replaced by a regulation that comes as close as possible to the economic purpose of the ineffective.
12.4. These general terms and conditions apply to all offers, contracts, delivery or other services by us. Changes or side agreements require the written confirmation by persons authorized in the commercial register to confirm the written confirmation and only apply to the individual business case. All other employees are not authorized to agree on changes or side agreements for these general terms and conditions. Deviating, conflicting or only additional or additional contractual terms of the customer are expressly objected.