FEDERAL CONSTITUTION OF CARPENTERS
AND WOOD DESIGNERS
Sample general terms and conditions with customer information
(long-distance and foreign business)
Status: 03/25/2015
table of contents
2) Conclusion of contract in web shop/distance selling 4
5) Prices and terms of payment 7
7) Terms of delivery and shipping 9
11) Indemnification in case of infringement of third party rights 11
13) Governing Law/Jurisdiction 12
1. General
These general terms and conditions (hereinafter "GTC") apply to all contracts between the work orderer, buyer or client (hereinafter "customer") and us [insert company name] (hereinafter "supplier") with regard to our goods and/or
Services, in particular sales contracts, work contracts or other commissioned services (commissioning, assembly, etc.) are concluded. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed. If the supplier has a long-term business relationship with the customer, these General Terms and Conditions shall apply even if no special reference is made to their validity. The GTC also apply to follow-up orders, even if they are not separately agreed orally or in writing.
A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Employees of our company are prohibited from making any promises that deviate from these conditions. Verbal agreements are only effective if they are confirmed in writing by the supplier.
2) Conclusion of a contract in the web shop/distance selling
The product descriptions contained in the supplier's online shop do not constitute binding offers, but serve to enable the customer to submit a binding offer.
The customer can submit the offer via the online order form integrated in our online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process . Furthermore, the customer can also submit the offer to the supplier by post, e-mail, fax or telephone.
The supplier can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the supplier does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
If the customer selects "PayPal" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, he also issues a payment order to his payment service provider. In this case, the supplier declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the ordering process, in deviation from Section 2.3. [Delete where appropriate]
The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
When an offer is submitted via the supplier's online order form, the text of the contract is saved by the supplier and sent to the customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the supplier's website and can be accessed by the customer free of charge via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the supplier's online shop before sending his order.
Before submitting the binding order via the supplier's online order form, the customer can continuously correct his entries using the usual operator functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual operator functions.
Only the German language is available for the conclusion of the contract.
The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the supplier can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the supplier or by third parties commissioned to process the order can be delivered.
3) Conclusion of a contract outside of distance selling/cost estimates/general information on the conclusion of a contract
Verbal notifications from the supplier - also at the request of the customer - are non-binding, even if they contain prices, dates and other technical specifications.
The conclusion of the contract comes about with the order confirmation sent to the customer by the supplier or, in the absence of this, with the execution of the delivery to the customer. In any case, the contract is also concluded without the transmission of an order confirmation if the customer accepts the supplier's offer in writing or signs the supplier's written order template.
If the order confirmation signed by the customer deviates from his order, the order confirmation applies in case of doubt, provided the customer is not a consumer. In this case, no contract is concluded with a consumer.
Our cost estimates are only binding if they have been created specifically for a customer and submitted in writing. Furthermore, all of our written cost estimates are subject to payment, especially if they include detailed planning requested by the customer. This fee is deducted from the order total when the order is placed
deducted. We are bound to these cost estimates for 30 days [other periods are also possible, such as 14 days or 2 months] from the date of submission.
Offers and cost estimates will be reimbursed to the best of our knowledge; order-specific circumstances that are beyond the identifiability of our company cannot be taken into account. Should further work or cost increases become necessary during the execution of the order, our company will inform the customer immediately. If the customer does not make a decision within one week regarding the continuation of the interrupted work or does not accept the cost increases, our company reserves the right to invoice the partial service provided and to withdraw from the contract.
Insignificant, reasonable deviations in the dimensions and designs (color and structure), especially in the case of repeat orders, remain reserved - regardless of the type of contract conclusion - insofar as these are in the nature of the materials used and are customary. In particular, material-related changes, e.g. in dimensions, colours, wood and veneer appearance, grain and structure, etc. are deemed to be objectively justified.
4) Right of Withdrawal
Consumers residing in the EU have the right to withdraw from contracts if
the contract is concluded with the simultaneous physical presence of the entrepreneur and the consumer at a place that is not the business premises of the entrepreneur,
for which the consumer has made an offer under the circumstances specified in point 2,
which is concluded on the business premises of the entrepreneur or by means of distance communication immediately after the consumer has been addressed personally and individually in a place other than the business premises of the entrepreneur in the simultaneous physical presence of the entrepreneur or his representative and the consumer, or
concluded on an excursion organized by an entrepreneur or by his agents with the intention or with the result that the entrepreneur advertises or has advertised the sale of goods or the provision of services to the consumer and corresponding contracts with the consumer completes
the contract is concluded between a trader and a consumer without the simultaneous physical presence of the trader and the consumer within the framework of a distribution or service system organized for distance selling, where up to and including the conclusion of the contract only means of distance communication are used;
the consumer has not made his contractual declaration either in the premises used by the entrepreneur for his business purposes or at a stand used by him for this purpose at a trade fair or market, or the entrepreneur or a third party working with him has not informed the consumer as part of a promotional trip or an excursion or a similar event or through a personal, individual approach on the street to the premises used by the entrepreneur for his business purposes and the contract does not fall under nos. 1. - 5.
The right of withdrawal according to Z.6. is not entitled to the consumer
if he himself initiated the business relationship with the entrepreneur or his representative for the purpose of concluding this contract,
if the conclusion of the contract was not preceded by discussions between the parties or their representatives or
in the case of contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the nature of the company is not operated in permanent business premises and the fee does not exceed 50 euros
in the case of contractual declarations that the consumer has made in the physical absence of the entrepreneur, unless he has been urged to do so by the entrepreneur.
The consumer has no right of withdrawal in the case of distance selling contracts or contracts concluded outside of business premises in accordance with lines 1. - 5. above
Services if the entrepreneur - on the basis of an express request by the consumer and a confirmation from the consumer that he was aware of the loss of the right of withdrawal in the event of complete performance of the contract - had started to perform the service before the end of the withdrawal period and the service was then fully provided,
Goods made to customer specifications or clearly tailored to personal needs.
The consumer also has no right of withdrawal for contracts that are concluded outside of business premises (lines 1.- 4.) and for which the fee to be paid by the consumer does not exceed the amount of 50 euros.
4.2 Further exceptions and more detailed information on the right of withdrawal can be found in our instructions on withdrawal.
5) Prices and terms of payment
Unless otherwise stated in our product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
In principle, all goods are deemed to have been ordered without assembly. Unless otherwise agreed, assembly that has been commissioned will be charged according to administrative hours against proof. Demanded extra work, overtime, night hours and other additional operational costs are to be paid separately according to the collective agreement or statutory surcharge. For other possible costs in connection with an assembly see point 12 obligation to cooperate [delete if necessary]
In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
Various payment options are available to the customer for distance orders, which are specified in our online shop.
If payment in advance has been agreed when purchasing via the online shop, payment is due immediately after conclusion of the contract. [adapt if necessary]
If you select the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www .paypal.com/de/webapps/mpp/ua/useragreement-full . [Delete where appropriate]
If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The supplier reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the supplier will point out a corresponding payment restriction to the customer in his payment information in the online shop.
Unless otherwise agreed, 30% of the order amount is due upon receipt of the order confirmation for contracts that were not concluded via the online shop; any promised delivery period only begins on the day of payment. Another 30% of the order amount is due upon delivery. If the customer does not comply with this obligation, the supplier is entitled to withhold the delivery. The remainder is due upon completion and invoicing. Invoices are due within 14 days.
In the event of default, the customer undertakes to reimburse the dunning and collection fees necessary for appropriate legal action, insofar as these are in reasonable proportion to the claim made, and to pay default interest of 9% pa. The statutory interest on arrears for entrepreneurs remains unaffected.
If the customer fails to make his payments, stops making payments or if his assets are declared bankrupt or filed for settlement, the entire remaining debt becomes due.
In the case of consumer transactions, this only applies if the supplier himself has already rendered his services, at least one outstanding service by the customer has been due for at least six weeks and the supplier has unsuccessfully reminded the customer, threatening to miss the deadline and setting a grace period of at least two weeks.
6) repairs
6.1 The supplier must draw the customer's attention to the inefficiency of a repair if the customer does not expressly insist on repair at any price. If it only becomes evident in the course of carrying out the repair and without the supplier being aware of this at the time the contract was concluded, based on his specialist knowledge, that the item is unsuitable for restoration, the supplier must inform the customer of this immediately. In this case, the customer has to pay the costs incurred up to that point or, if he insists and this is still technically possible, the costs for the assembly of dismantled items. [Delete where applicable]
7) Delivery and shipping conditions
Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the supplier's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
If the transport company sends the shipped goods back to the supplier because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, 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 the supplier announced the service a reasonable amount of time in advance.
If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the supplier has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the supplier has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer instructs the forwarding agent, carrier or other person or institution responsible for carrying out the shipment to carry out the delivery and the supplier has not previously informed the customer of this person or institution.
In the case of self-collection, the supplier first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the supplier's headquarters after consultation with the supplier. In this case, no shipping costs will be charged.
8) Retention of title
In relation to consumers, the supplier reserves ownership of the delivered goods until the purchase price owed has been paid in full.
In relation to entrepreneurs, the supplier retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.
If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the amount of the respective invoice value (including sales tax) in advance to the supplier. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The supplier's authority to collect the claims himself remains unaffected. However, the supplier will not collect the claims as long as the customer meets his payment obligations to the supplier, does not default in payment and no application for the opening of insolvency proceedings has been filed.
9) Warranty
In the event of defects, the provisions of the statutory warranty apply. Notwithstanding this, the following applies:
For entrepreneurs
an insignificant defect generally does not justify any warranty claims;
the supplier has the choice of the type of remedy;
the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the supplier of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual warranty claims.
The customer is informed that maintenance work may have to be carried out on his part, in particular fittings and common components must be checked and, if necessary, oiled or greased, sealing joints must be checked regularly, external coatings (e.g. windows) are to be changed according to the type of paint or glaze and the weather to post-treat. This work is not part of the scope of the order unless expressly agreed otherwise. Failure to carry out maintenance work can impair the service life and functionality of the components without this resulting in claims for defects being made against the contractor. [Delete where applicable]
The professional installation of modern windows and external doors improves the energy quality of the building and makes the building envelope more airtight. In order to maintain the indoor air quality and to prevent the formation of mold, additional requirements for the ventilation of the building according to the Ö-Norm must be met. A ventilation concept that may be necessary in this respect is a planning task that is not the subject of the order placed with our company. In any case, this task is to be arranged by the client/customer. During the heating period, care must be taken to ensure that there is sufficient humidity, otherwise there is a risk of excessive gaps and damage. Insufficient maintenance or upkeep by the customer leads to the loss of warranty claims. [adapt if necessary]
10) Liability
The supplier is liable to the customer for all contractual, quasi-contractual and legal claims, including tort claims, for damages and reimbursement of expenses as follows:
The supplier is fully liable for any legal reason
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health.
If the supplier negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause.
Apart from that, liability on the part of the supplier is excluded.
If the customer provides plans or provides dimensions, he is liable for their correctness, unless their incorrectness is obvious or unless natural dimensions have been agreed. If a plan, dimension or instruction of the customer proves to be incorrect, the supplier must inform the customer immediately and ask him for appropriate instructions within a reasonable period of time. The costs incurred up to that point hit the customer. If the instruction does not arrive within a reasonable period of time, the customer will suffer the consequences of the delay.
11) Third Party Infringement Indemnification
11.1 If, according to the content of the contract, the supplier owes not only the delivery of goods but also the processing of the goods according to specific specifications of the customer, the customer must ensure that the content provided to the supplier for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the supplier against claims by third parties that they may assert against the latter in connection with a violation of their rights through the contractual use of the customer's content by the supplier. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to immediately, truthfully and completely provide the supplier with all information that is necessary for the examination of the claims and a defense.
12) Duty to Cooperate
The customer (principal) is responsible for arranging the necessary permits from third parties, notifications to the authorities and obtaining permits in a timely manner and at his own expense. Furthermore, the customer must check whether the goods to be delivered or the service to be performed conform to the applicable legal provisions.
If the customer fails to carry out a corresponding check or obtain the necessary permits, the supplier shall not be liable for the resulting damage or delays in execution and is also entitled to reimburse the additional expenses and costs arising from the delay caused by the customer to demand this. If the customer is a consumer, the applicability of the provision of § 1168a ABGB remains unaffected.
In the case of commissioned assembly, the customer must ensure that on the agreed delivery or assembly day the respective assembly site is accessible, free of all obstacles and ready for the installation of the product sold, otherwise the supplier is entitled to charge any additional expenses and - to be requested from the customer. [Delete where applicable]
When delivering the goods, it is assumed that the vehicle can drive directly to the building and unload. Additional costs caused by additional transport routes or difficult access from the vehicle to the building will be charged separately. Mechanical means of transport must be provided by the customer for transports beyond the 2nd floor. Stairs must be passable. If the execution of the work by the supplier or the persons commissioned by him is impeded by circumstances for which the customer is responsible, the corresponding costs (e.g. working hours and travel expenses) will be charged. [Delete where applicable]
Any additional masonry, carpentry, blacksmith, electrician and painting work that may be required must be carried out by the customer on his own responsibility and at his own expense. The carpenter is not authorized to carry out work that goes beyond the scope of his trade rights. If this possible additional work is not completed by the agreed delivery or service date in such a way that the supplier can start assembly immediately, he is entitled to request any additional expenses and costs incurred from the customer. [Delete where appropriate]
In the case of necessary anchoring on walls and ceilings, the customer must ensure that the substrates are suitable for drilling or fastening, otherwise we shall not be liable for any damage resulting from this. [Delete where applicable]
The contracting and moving of door and window frames, etc., any masonry work, any necessary scaffolding are to be provided or set up by the customer if they are not expressly stated as being included in the price. Likewise, the required light and power current is to be provided by the customer. [Delete where applicable]
The customer is obliged - if necessary also with the involvement of an authorized third party - to confirm this by signing a worksheet after the contractual delivery or service.
If the customer is not a consumer, he thereby confirms the defect-free fulfillment of the contract.
13) Governing Law/Jurisdiction
The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN sales law. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer resides.
If the customer is an entrepreneur within the meaning of Section 1.2, the place of business of the supplier is agreed as the exclusive place of jurisdiction. The place of jurisdiction for both actions brought by the entrepreneur against the consumer and for actions brought by the consumer against the entrepreneur is at the place of residence of the consumer if the consumer is resident in the EU but not in Austria. If the consumer has his domicile or habitual abode in Austria, he can only be sued at the court in whose district the domicile or habitual abode is located; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is legally given.