General Terms and Conditions (GTC)

§ 1 Scope: All deliveries, services and offers provided by our company shall be made exclusively on the basis of these General Terms and Conditions.
The version valid at the time the contract is concluded shall apply.
We do not accept any terms and conditions of the customer that conflict with or deviate from our own, unless we have expressly agreed to their validity in writing.
Acts of contract fulfilment on our part shall not be deemed to constitute acceptance of any conflicting or deviating terms and conditions of the customer.

§ 2 Conclusion of Contract
All our offers are non-binding and subject to change.
A contract with the customer is only concluded once we confirm the order or when we dispatch the goods ordered by the customer.
If a customer makes an offer to us, the offeror is bound by it for a reasonable period—at minimum eight (8) days from receipt of the offer.
We reserve the right to reject acceptance of any order, e.g., following a credit check.
We further reserve the right to limit the quantity ordered to what is considered usual for a private household.

§ 3 Delivery, Delay & Default of Acceptance
The stated delivery times are approximate. Should any events occur that delay production or delivery, we are entitled to suspend or extend our delivery obligations in whole or in part for the duration of the disruption. If delivery is delayed, the customer may only withdraw from the contract—after a reasonable grace period agreed with us—without claiming damages.
All deliveries are made ex works (EXW), at the customer’s expense and risk. We may choose the shipping route and transport mode at our discretion, excluding any liability on our part.
If the customer fails to take delivery as agreed (default of acceptance), we may, after a further reasonable grace period, store the goods at our facility. We may then either insist on fulfillment of the contract or withdraw from the contract—after a minimum two-week grace period—and resell the goods.

§ 4 Retention of Title
All goods remain the property of the seller until full payment is received. Ownership is retained by the seller until the customer has paid all outstanding amounts in full. lawcat.berkeley.edu+8en.wikipedia.org+8vaia.com+8
Asserting retention of title does not constitute withdrawal from the contract, unless explicitly declared.
If goods are returned, we reserve the right to charge for any incurred transport or handling costs.
If third parties seize the reserved goods (e.g., by garnishment), the customer must inform them of our ownership and notify us immediately.
If the customer is a consumer or does not trade the goods in the normal course of business, they are prohibited from pledging, selling, giving away, or lending the reserved goods until full payment has been made.
The customer bears all risks relating to the reserved goods, including loss, damage, or deterioration.
The customer is liable for any damages or costs arising from a breach of these provisions or any intervention required to protect the reserved goods against third-party claims.

§ 5 Assignment of Claims and Retained Title Goods
The buyer is entitled to sell the goods in the ordinary course of business.
The buyer hereby assigns to us all claims arising from resale against third parties up to the invoice amount and agrees to record this assignment in its accounting records or on its invoices. We hereby accept this assignment.
The buyer is authorized to collect the assigned claims on our behalf. However, we reserve the right to collect the claims ourselves if the buyer fails to meet its payment obligations and is in default.
Any claims against an insurer are hereby assigned to us within the scope of Section 15 of the German Insurance Contract Act.
Claims against us may not be assigned by the buyer without our prior written consent.

§ 6 Prices
The prices offered are daily prices and are valid until revoked. Price quotations are non-binding.
The statutory value-added tax (VAT) is included in our selling prices.
Our sales prices do not include costs for delivery, installation, or setup. These services may be provided or arranged upon request for an additional charge.
For transport and delivery, the actual costs incurred plus a reasonable administrative surcharge will be billed; at minimum, the freight and labor costs customary for the chosen transport method on the delivery date will apply.
Installation work will be billed based on time spent, using an industry-standard hourly labor rate as agreed.

§ 7 Payment Terms, Default Interest
Unless otherwise agreed, our claims are payable in cash concurrently with the delivery of the goods.
Discounts require a separate written agreement.
In the event of payment default – including installment payments – or in the case of the customer’s insolvency or settlement, any discounts become void and the current catalog price becomes due.
Payments by the customer are considered made only when the amount is received in our business account.
In case of late payment, we charge 12% annual default interest from the invoice due date, plus the costs of reminders and collection by an attorney or authorized debt collection agency.
If we carry out the reminder process ourselves, the customer agrees to pay €10.00 per reminder.
The entrepreneur may only offset counterclaims that have been legally established or acknowledged by us.
Consumers may only offset in the case of our insolvency or for counterclaims legally related to their obligations, which are either legally established or acknowledged by us.

§ 8 Withdrawal (Rescission)
In the event of delayed acceptance (§ 3) or for other significant reasons—such as insolvency, dismissal due to lack of assets, or payment default—the seller is entitled to withdraw from the contract, provided that neither party has fulfilled the contract in full.
Upon withdrawal, if the customer is at fault, we may choose to claim either a fixed lump-sum compensation amounting to 25% of the gross invoice amount or the actual damages incurred. In the event of the customer’s payment default (§ 6), we are released from all further obligations to deliver or perform and are entitled to withhold any outstanding deliveries or services. We may require advance payments or securities, and after issuing a reasonable grace period, we reserve the right to withdraw from the contract. If the customer unjustifiably withdraws from or attempts to annul the contract, we may either:
insist on the contract’s performance, or
agree to terminate the contract. In the latter case, the customer shall, at our discretion, pay a lump-sum compensation amounting to 25% of the gross invoice amount or the actual damage incurred. In the case of distance contracts (as defined in §§ 5a ff KSchG / consumer protection law), the consumer may withdraw from the contract within seven (7) working days, where Saturdays do not count as working days, starting from the day the goods are received or the contract is concluded for services. The deadline begins on the day the goods are received by the consumer or – in the case of services – on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within the cancellation period. If the consumer withdraws from the contract under this provision, they shall bear the direct costs of returning the goods. In the case of services expressly agreed to begin within seven working days from the contract conclusion, the consumer has no right of withdrawal.

§ 9 Notice of Defects
The buyer must inspect the delivered goods within a reasonable time and notify us in writing of any defects no later than one (1) week after receipt of the goods. If the buyer fails to perform an inspection or send timely written notice, all warranty claims for defects are forfeited. Hidden defects must be reported to us in writing within one (1) week of their discovery, but no later than three (3) months after delivery. Dispatch of the notice within the time limit is sufficient to meet the deadline. In the event of a justified and timely notice of defects, our only obligation is to accept the return of the goods and either, at our discretion, cancel the purchase price or deliver defect-free replacement goods. Any further claims by the buyer, in particular claims for damages, are hereby excluded.

§ 10 Transfer of Risk
Upon delivery, the risk of accidental loss or deterioration of the goods passes to the customer. For sale by shipment, this occurs when the goods are handed over to the carrier, freight forwarder, or any other person or entity designated to perform the shipment If the customer delays acceptance, this shall be treated as if delivery had taken place, and the risk shall pass accordingly.

§ 11 Minor Deviations from Product Descriptions; Disclaimer of Warranty
We reserve the right to make minor deviations from our catalog descriptions or specifications. Minor or otherwise reasonable changes to our delivery or performance obligations are deemed pre-approved by the customer. This applies in particular to deviations caused by the goods themselves (e.g., for wood or veneer patterns, grain and texture variations, dimensions, colors, etc.). We do not provide any legally binding guarantees to our customers. This does not affect any warranties provided by the manufacturer.

§ 12 Product Liability: Recourse claims within the meaning of § 12 of the Product Liability Act (PHG) are excluded, unless the party entitled to recourse proves that the defect originated within our sphere and was caused by at least gross negligence. Outside the scope of the Product Liability Act (PHG), our liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential damages and financial losses, lost savings, loss of interest, and damages arising from third-party claims against the customer is excluded.

§ 13 Final Provisions, Place of Jurisdiction: Austrian law shall apply. The UN Sales Convention (CISG) does not apply. The place of performance is the registered office of our company. The competent Austrian court at our company’s registered office shall have exclusive jurisdiction for all disputes arising directly or indirectly from this contract. If the customer is a consumer, this place of jurisdiction shall apply only if the customer has their domicile, habitual residence, or place of employment within the jurisdiction of this court, or if the customer resides abroad. If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. In contracts with business customers, the wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the economic intent of the invalid provision.