GENERAL TERMS AND CONDITIONS

1. SCOPE

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions (in particular work and work delivery contracts) and for all deliveries and services of Almbusch GmbH in relation to the webshop (hereinafter referred to as “Almbusch GmbH”), even if they are not expressly referred to. Deviating GTC of the contracting party apply only with the express consent of Almbusch GmbH.
1.2. The GTC also apply if they were the basis for a first order and are not expressly applied to another business relationship or in the case of recurring services and orders on call to the later order.
1.3. For consumer transactions in the sense of § 1 para 1 KSchG (Consumer Protection Act; as amended: “Consumer Transactions”), these GTC apply with the deviations regulated for consumer transactions. Customers who are consumers are requested in this context to particularly note point 12 of these GTC.
1.4. The GTC are available at the business premises of Almbusch GmbH or its distribution partners and will be provided to the contracting party in text form (e.g., by email or as a printout) upon request.
1.5. As far as reference is made to the price list in these GTC, this refers to the price list of Almbusch GmbH valid on the day of delivery.

2. NATURAL PROPERTIES OF THE MATERIALS

2.1. Wood, metal, and the means used for the preservation and treatment of the wood are subject to uncontrollable, particularly temperature and (air) humidity-related color and structural fluctuations. Almbusch GmbH therefore does not guarantee changes to the subject matter of the contract arising from these circumstances. Almbusch GmbH also does not guarantee that the subject matter of the contract, as a natural product, is suitable for the intended purpose of use by the client, unless Almbusch GmbH was informed of the intended purpose before the conclusion of the contract and Almbusch GmbH has particularly assured the suitability.

3. CONTRACT CONCLUSION

3.1. A contract is only concluded through written order confirmation within four weeks or delivery by Almbusch GmbH.
3.2. The content of the order confirmation must be checked by the contracting party. The contracting party is obliged to promptly notify in writing of any deviations from the message transmitted by them. Otherwise, the legal transaction is concluded with the content confirmed by Almbusch GmbH.
3.3. In the event that no specific delivery or performance period is agreed upon, the contract is also concluded without the order confirmation, provided that the delivery or performance by Almbusch GmbH occurs within a period of four weeks from the placement of the order.
3.4. The contracting party is expressly informed that the representatives of Almbusch GmbH are not authorized to make agreements that deviate from these GTC. 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 becomes part of the contract if explicitly referenced in the order confirmation.
3.6. In consumer transactions, Almbusch GmbH must send the order confirmation to the contracting party within a reasonable period, but no later than four weeks from the placement of the order; otherwise, the contracting party is no longer bound by the order or the offer.

4. DELIVERY, TRANSFER OF RISK, ACCEPTANCE DELAY

4.1. The delivery of goods is made free loaded "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 have been handed over to the contracting party or the third party commissioned by them (e.g., freight forwarder), in the event of the contracting party's acceptance delay from readiness for dispatch. This also applies if partial deliveries are made or Almbusch GmbH itself carries out the transport to the destination on behalf of the contracting party.
4.3. The contracting party or the third party commissioned by them (e.g., freight forwarder) must ensure the proper loading and/or securing of the goods. Almbusch GmbH is not liable for loading or securing defects.
4.4. Goods not accepted by the agreed delivery or performance date will be stored for a maximum of eight weeks at the risk and expense of the contracting party. The contracting party shall bear the storage fees. At the same time, Almbusch GmbH is entitled to insist on contract fulfillment or to withdraw from the contract after setting a reasonable grace period and to utilize the goods elsewhere. In the event of utilization, a contractual penalty of 10% of the value of the goods (excluding VAT) is agreed.
4.5. In consumer transactions, when Almbusch GmbH sends the goods, the risk of loss or damage to the goods passes to the contracting partner only when the goods are delivered to the contracting partner or to a third party designated by them, different from the carrier. However, if the contracting partner has concluded the transport contract themselves, without utilizing an option proposed by Almbusch GmbH, the risk passes already upon handing over the goods to the carrier. However, the contracting partner does not simultaneously acquire ownership of the goods with the transfer of risk. Almbusch GmbH reserves ownership according to point 9 (Retention of Title) of these GTC until the goods are fully paid.

5. DELAY

5.1. In the event of force majeure or other unforeseen events, such as strikes, lockouts, operational disruptions, difficulties in obtaining materials, transport delays, official measures, etc., Almbusch GmbH is entitled to postpone the delivery or performance for the duration of the hindrance or to withdraw from the contract in case of permanent impossibility.
5.2. If Almbusch GmbH is in default of delivery or performance, the contracting partner is obliged to set a reasonable grace period of at least four weeks. Claims for damages due to delay are excluded, unless Almbusch GmbH is guilty of intent or gross negligence.

6. WARRANTY

6.1. Almbusch GmbH provides warranty according to the statutory provisions. The warranty period for movable items is two years from delivery.
6.2. The contracting partner is obliged to inspect the delivered goods immediately and to report defects in writing within 14 days of delivery; otherwise, the goods are deemed approved. The statutory provisions apply to consumers.
6.3. Almbusch GmbH is entitled to initially provide improvement or replacement at its discretion. Only if this is not possible or reasonable can the contracting partner demand a reduction in price or rescission.

7. LIABILITY

7.1. Almbusch GmbH is liable for damages only in cases of intent or gross negligence. For slight negligence, Almbusch GmbH is solely liable for personal injuries.
7.2. Liability for lost profits, production losses, loss of use, contractual losses, or for indirect and consequential damages is excluded, as far as legally permissible.

8. PRICES, PAYMENT TERMS, AND PAYMENT DEFAULT

8.1. The prices according to the valid price list of Almbusch GmbH on the day of delivery plus statutory VAT apply.
8.2. Payments are due immediately after invoicing without deduction, unless expressly agreed otherwise.
8.3. In the event of payment default, default interest of 9.2 percentage points above the base interest rate p.a. will be charged.

9. RESERVATION OF TITLE

9.1. The delivered goods remain the property of Almbusch GmbH until full payment is made.
9.2. The contracting party is obliged to handle the reserved goods with care and to protect them from access by third parties.

10. ASSEMBLY / STORE CONSTRUCTION

10.1. If assembly services are agreed upon, the contracting party must provide the necessary conditions (such as electricity, water, access, foundation) in a timely manner at their own expense.
10.2. If the assembly is delayed for reasons for which the contracting party is responsible, the additional costs incurred will be borne by them.

11. PLACE OF PERFORMANCE, JURISDICTION, APPLICABLE LAW, SEVERABILITY

11.1. The place of performance is the registered office of Almbusch GmbH.
11.2. For all disputes, the competent court at the registered office of Almbusch GmbH shall have jurisdiction.
11.3. Only Austrian law applies, excluding the UN Sales Convention.
11.4. Should individual provisions of these GTC be ineffective, the effectiveness of the remaining provisions shall remain unaffected.

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 reminder data, etc.) will be stored and processed by Almbusch GmbH. The contracting party declares their consent to this. Our data protection responsibility is of the highest priority for Almbusch GmbH. The personal data of the client will be processed in compliance, in particular, with the GDPR, the DSG 2018, and the TKG. All information regarding our data processing and your rights is included in the privacy policy of Almbusch GmbH. This will be provided to the contracting party in text form before the conclusion of the contract or sent upon request.

13. RESTRICTIONS ON THE APPLICATION OF THE GTC IN CONSUMER TRANSACTIONS

13.1. In consumer transactions, the mandatory legal provisions of the KSchG take precedence.
13.2. In particular, the special withdrawal rights for distance selling and off-premises transactions according to §§ 11 ff FAGG apply.

14. ARBITRATION BOARDS FOR CONSUMER TRANSACTIONS

14.1. Almbusch GmbH ist verpflichtet, auf die Schlichtungsstelle „VERBRAUCHERSCHLICHTUNG“, Mariahilfer Straße 103/1/18, 1060 Wien, Telefon: 01 890 63 11, office@verbraucherschlichtung.at, www.verbraucherschlichtung.at als außergerichtliche Streitschlichtungsstelle hinzuweisen. Almbusch GmbH wird einem derartigen Schlichtungsverfahren nicht beitreten.
14.2. Die Europäische Kommission stellt eine eigene Plattform zur (Online-) Streitbeilegung bereit. Sie gelangen direkt zu dieser, wenn Sie dem Link http://ec.europa.eu/consumers/odr/(externer Link!) folgen.