Terms of service
TERMS OF SERVICE
1.1.These General Terms and Conditions (hereinafter "GTC") apply to
all legal transactions (in particular work and work delivery contracts) and for all
Deliveries and services of Almbusch OG in relation to the web shop (hereinafter "Albusch"), even if not
expressly referred to. Deviating terms and conditions of the contractual partner apply
only with the express consent of Almbusch.
1.2.The terms and conditions also apply if they were based on an initial order and they are not
expressly of a further business relationship or in the case of recurring services and
Call-off orders are used as a basis for the subsequent order.
1.3. For consumer transactions within the meaning of Section 1 (1) KSchG (Consumer Protection Act; as amended:
"Consumer transactions"), these General Terms and Conditions apply with those regulated for consumer transactions
deviations. Customers who are consumers are asked in this context to
in particular, point 12 of these General Terms and Conditions must be observed.
1.4.The General Terms and Conditions are available on the business premises of Almbusch or its sales partners,
are made available for viewing and downloading at www.wood-on-walls.com/agb.
1.5. Insofar as reference is made to the price list in these General Terms and Conditions, this is the price list on the day of delivery
valid Almbusch price list.
2. NATURAL PROPERTIES OF MATERIALS
2.1.Wood, metal and the means used to preserve and treat the wood
uncontrollable, in particular temperature and (air) brightness-related color and
subject to structural fluctuations. Almbusch therefore does not guarantee for due
changes to the subject matter of the contract that occur under these circumstances. Also performs
Almbusch does not guarantee that the subject matter of the contract as a natural product is suitable for
intended by the client, provided that this Almbusch before
conclusion of the contract was not informed about the intended use and Almbusch die
suitability has specifically assured.
3. CONCLUSION OF CONTRACT
3.1.A contract only comes into being through a written order confirmation within four weeks or
Delivery by Almbusch.
3.2. The content of the order confirmation is to be checked by the contractual partner. The contractual partner is
obliged to immediately notify in writing any deviations from the message it has sent
to reprimand. Otherwise the legal transaction comes with the content confirmed by Almbusch
3.3. In the event that no specific delivery or service period has been agreed, the contract comes into effect
even without the order confirmation, provided that the delivery or service is provided by Almbusch
within a period of four weeks from the placing of the order.
3.4.The contractual partner is expressly informed that the representatives of Almbusch
are not entitled to make agreements that deviate from these GTC. Such
Agreements require written confirmation by a managing director of Almbusch
3.5 Information in catalogues, brochures, websites etc. is non-binding and is only
Content of the contract if expressly referred to in the order confirmation.
3.6. In the case of consumer transactions, Almbusch has within a reasonable period of time, but no later than within four
weeks after the order has been placed, sends the contract partner the order confirmation
transmit, otherwise the contractual partner is no longer bound to the order or the offer
4. DELIVERY, TRANSFER OF RISK, DEFAULT IN ACCEPTANCE
4.1. Goods are delivered free loaded "ex works" (iSd INCOTERMS 2010)
from Almbusch in Rosenau am Hengstpass.
4.2. The risk passes to the contractual partner as soon as the goods are handed over to the contractual partner or the
was handed over to a third party commissioned by him (e.g. forwarding agent), in the case of
Default of acceptance by the contractual partner from the time the goods are ready for dispatch. This also applies if
Partial deliveries are made or Almbusch arranges the transport itself on behalf of the contractual partner
carried out to the destination.
4.3.The contractual partner or the third party commissioned by him (e.g. forwarding agent) has the
arrange for proper loading and/or anchoring of the goods. Almbusch is liable
neither for loading nor for anchoring defects.
4.4. Goods not accepted by the agreed delivery or service date will be
stored for a maximum of eight weeks at the risk and expense of the contractual partner. the
The contractual partner shall bear storage fees. At the same time, Almbusch is entitled to
to insist on fulfillment of the contract or after setting a reasonable period of grace from the contract
withdraw from the contract and use the goods elsewhere. In the case of recovery, one applies
Contractual penalty of 10% of the value of the goods (excl. VAT) as agreed.
4.5. In consumer transactions - if Almbusch sends the goods - the risk for the
Loss of or damage to the goods only passes to the contractor once the goods have been delivered
to the contracting party or to a carrier designated by the contracting party who is different from the carrier
is delivered to third parties. But if the contractual partner has the contract of carriage himself
closed without using a selection option suggested by Almbusch,
the risk passes to the carrier as soon as the goods are handed over. the
However, the contractual partner does not acquire ownership of the at the same time as the risk passes
Would. Almbusch retains ownership in accordance with point 9 (retention of title) of these General Terms and Conditions
as long as the goods have not been paid for in full.
5.1. In the event of a delay for which Almbusch is responsible, the contractual partner is entitled to withdraw
entitled to the contract, provided that after the delay has occurred, he has given a reasonable written notice
Additional period for the delivery of the goods or the provision of the service sets and under one
threatens to withdraw from the contract after the grace period has expired. The grace period is then
appropriate if it is not less than 50% of the original delivery or service period.
5.2. In the event of a delay for which Almbusch is responsible and the justified withdrawal of the
contractual partner, he is only entitled to compensation if Almbusch or their
vicarious agents have caused the delay intentionally or through gross negligence. Liability
for damage caused by delay, Almbusch is liable for gross negligence at 1% of the value
of the delayed delivery or service, but no more than 10% of the value
of that part of the delivery or service that was not delivered on time.
Any further claims for damages are excluded. This limitation
does not apply to consumer transactions.
6.1. The agreed deliveries and services are carried out in accordance with the offer and/or the
The list of services on which the order confirmation is based is provided by Almbusch.
6.2. Minor deviations from one that do not impair the intended use
Sample and/or prospectus on which the offer or the order confirmation is based
lie (e.g. in terms of dimensions, weight, quality and colour, especially due to nature
conditional wood grain and color gradients) are insignificant defects and are considered in advance
6.3.Changes and improvements to the agreed deliveries and services based on new
experiences and/or new scientific events remain Almbusch
6.4. The contractual partner has to make deliveries and services to Almbusch immediately
To examine the takeover and detect any defects, shortfalls or wrong deliveries
immediately, but at the latest within one week after acceptance of the deliveries and
services, hidden defects within one week of their discovery in writing
to reprimand. The complaint must be sufficiently reasoned and backed up with evidence.
6.5. The warranty period is a maximum of twelve months from acceptance. The presence of
Defects must be proven by the contractual partner. § 924 ABGB and § 933b ABGB do not find any
6.6. In the case of justified defects, Almbusch is entitled within a reasonable period of time after their
choice to correct the defect, add what is missing or replace the goods.
Multiple repairs and replacement deliveries are permitted. In the case of timely
Improvement, addition of the missing quantity or replacement delivery are additional
Claims such as cancellation of the contract (change) or price reduction are excluded.
6.7.The warranty expires if the contractual partner or one of Almbusch does not
authorized third parties have made changes or repairs to the goods.
6.8. If there is a promise of guarantee in the offer or in the order confirmation (this is
in any case only be a "false guarantee contract"), this includes
Under no circumstances are wear parts (such as seals, etc.) or damage caused by unsuitable or
improper use, natural wear and tear, incorrect or negligent treatment
or storage have arisen. The guarantee promise is to be understood in such a way that Almbusch for
Defects (except for the cases listed above) that are within the agreed period
warranty period occur after delivery and can be asserted within this period.
6.9. In the case of consumer transactions, the statutory warranty provisions of §§
922ff ABGB and § 9 KSchG.
7.1. Insofar as this does not violate mandatory law and insofar as nothing else is stated in these General Terms and Conditions
is regulated, Almbusch is only liable for compensation for damage caused by gross negligence or
intentionally caused. In the event of gross negligence, liability is limited to the
Contract value, but no more than the sum covered by the business liability insurance
the Almbush is covered, limited. These limitations of liability do not apply to the
Compensation for personal injury.
7.2. For indirect damage, loss of profit, loss of interest, missed savings,
Consequential and pecuniary damage and damage from claims by third parties as well as for damage that
through unsuitable or improper use, natural wear and tear, faulty or
careless handling or storage, Almbusch is not liable.
8. PRICES, PAYMENT TERMS AND DEFAULT
8.1. The agreed prices do not include sales tax at the statutory rate
Height and "ex works"/"ex works" (iSd INCOTERMS 2010) in Rosenau am Hengstpass, unless expressly stated
something else was agreed.
8.2. Almbusch invoices are due for payment within 10 days free of charges.
8.3 Almbusch is entitled to request a down payment of 50% of the order amount. This is
within eight days of receipt of the order confirmation issued by Almbusch.
If the contractual partner does not make the down payment on time, Almbusch will not be liable
Delivery or performance obligation.
8.4 All claims of Almbusch are due immediately if the contractual partner with the
fulfillment of an obligation towards Almbusch is in default. The same applies in case
the payment setting. In these cases, Almbusch is also entitled to withdraw from the contract immediately
8.5. Almbusch is entitled to delay payment
- to charge interest on arrears in accordance with § 456 UGB for entrepreneurial transactions. Almbusch stays
at liberty to claim additional damage separately.
- In the case of consumer transactions, at your option, compensation for the damage actually incurred
or to charge the statutory default interest of 4% pa.
- Dunning, collection and legal fees, insofar as they are required for appropriate legal prosecution
are necessary to assert. This includes business transactions, without prejudice
additional operating costs within the meaning of § 1333 Para. 2 ABGB a lump sum of
- in the event of late payment by the other party, from the day the goods are handed over
to charge compound interest.
- Incoming payments initially on dunning and collection costs as well as costs of a
legal or judicial collection, then on the accrued interest on arrears and
finally offset against the outstanding capital.
8.6. In the event of a delay in payment, Almbusch is entitled to demand further deliveries or services from
to make advance payments or security deposits dependent. Almbusch is entitled to
to demand compensation for non-performance in these cases or without prejudice to any
Claims for damages withdraw from the contract. In this case you can
Accepted bills of exchange are returned before they expire and immediate cash payment is required
8.7. Almbusch is entitled, in the case of several open liabilities of the contractual partner
to devote incoming cash receipts on their own.
8.8. The contractual partner is not entitled to asserted counterclaims, even if they
due to complaints about defects, offset against Almbusch claims
or to refuse payment, unless they have been legally established by a court of law.
The ban on offsetting and the exclusion of the right of retention do not apply
8.9. Only goods in perfect condition and with 90% of the
Goods value remunerated. Collection costs will be charged separately.
9. RESERVATION OF TITLE
9.1. The goods delivered by Almbusch remain their property until the goods are
Taking into account any ancillary costs is paid in full and the contractual partner is out
has fully performed the services arising from this contract.
9.2. The contractual partner has the goods delivered by Almbusch by
to carefully store the transfer of ownership to him for Almbusch. The contractual partner bears
the entire risk for the reserved goods, in particular the risk of loss,
loss or deterioration.
9.3. In the case of resale of the reserved goods, the contractual partner hereby
without the need for a further declaration of assignment or agreement, which he is entitled to from
resale of the reserved goods to his customer
Claims for the repayment of all claims including ancillary claims up to the amount of the value
of the delivered goods from Almbusch. The same regulation applies analogously to the case of loading and
Processing, combining or mixing the delivered goods.
In this case, Almbusch takes effect on the items produced by the processing
Co-ownership in relation to the delivery value of your goods to the newly manufactured items.
9.4. Are the goods delivered by Almbusch or those resulting from treatment and processing
manufactured items are essential components of the property of a third party, so that this
through the inseparable connection with the property owner of Almbusch
delivered goods, the contractual partner hereby assigns all claims against the
Third parties including all ancillary rights to Almbusch, this in the amount of the value of
Almbusch delivered and installed goods.
9.5. In the event of default, the contractual partner has his debtors at Almbusch's request
to be informed of the fact of the assignment, to assert the assigned
request to provide the information required and the documents required for this
9.6. The contractual partner is not entitled to sell goods subject to retention of title
to pledge Almbusch or to transfer ownership as security. In the case of attachment or
other claims by third parties, the contractual partner is obliged to
to assert Almbusch's right of ownership, to inform Almbusch immediately
and to take all necessary steps to protect the interests of Almbusch.
9.7. If goods are delivered on a current account, the retention of title serves as security
the open balance claim.
10. ASSEMBLY / SHOPFITTING
10.1. Unless otherwise agreed, all prices are ex works (Rosenau am Hengstpass) including packaging and excluding assembly
10.2. The liability rules of point 7 of these General Terms and Conditions apply to the same extent for the
Organs, legal representatives, employees and other vicarious agents of
11. PLACE OF PERFORMANCE, JURISDICTION, GOVERNING LAW, SEVERAL NULLITY
11.1. The place of performance for all services under this contract is Almbusch's registered office in Rosenau am Hengstpass.
11.2. For all disputes arising from this contract, according to § 104 JN, the competence of the substantive
competent ordinary court of the city of Steyr agreed.
11.3. The application of Austrian law between the contracting parties is
Exclusion of the reference norms of international private law (IPRG, Rom-I-VO) and
of the UN sales law agreed. The choice of law applies to consumers only insofar as
therefore no mandatory legal provisions of the state in which he resides
residence or habitual abode may be restricted.
11.4. Should provisions of these General Terms and Conditions be or become legally ineffective, invalid or void,
this does not affect the legal effectiveness and validity of the remaining provisions.
In this case, the provision is legally ineffective, invalid or void (which has become).
to be replaced by one that is legally effective and valid as well as in its economic
effect of the replaced provision as far as possible.
12.1. The data related to the business relationship (especially name,
Address, telephone and fax numbers, e-mail addresses, order, delivery, and
Billing address, order date, ordered or delivered products or services,
Number of items, price, delivery dates, payment and dunning dates, etc.) are determined by Almbusch
saved and processed. The contractual partner declares his consent to this.
Our data protection responsibility is of the highest priority for Almbusch. the
Personal data of the client are processed in compliance with the
DSGVO, the DSG 2018 and the TKG processed. All information regarding
Our data processing and your rights can be found in the data protection declaration, which is available at [e.g.: www.wood-on-walls.com/datenschutz] or will be sent on request.
13. RESTRICTIONS ON THE APPLICATION OF THE TERMS IN CONSUMER BUSINESS
13.1. If the contractual partner is a consumer within the meaning of Section 1 (1) KSchG, the following apply
Provisions of these GTC not applicable in relation to this: Point 1.1.
last sentence and point 3.4. last sentence (written consent), point 6.3. until 6.7.
(limitation of warranty), point 7.1. and point 7.2. (limitations of liability),
Item 8.8. (Prohibition of offsetting and exclusion of a right of retention), Item 11.2.
(Jurisdiction clause) and point 11.4. (partial invalidity)
14. CONSUMER BUSINESS ARBITRATION BOARDS
14.1. Almbusch is obliged to refer to the arbitration board "CONSUMER ARBITRATION",
Mariahilfer Strasse 103/1/18, 1060 Vienna, telephone: 1 890 63 11,
office@ Verbraucherschlichtung.at, www. Verbraucherschlichtung.at as extrajudicial
refer to the dispute resolution body. Almbusch becomes one of those
do not join arbitration proceedings.
14.2. The European Commission provides its own platform for (online) dispute resolution.
You can go directly to this if you follow the link http://ec.europa.eu/consumers/odr/
(external link!) follow.
Information for consumers regarding the AstG and the ODR-V
On January 9th, 2016, the EU directive on alternative dispute resolution in consumer matters
(RL 2013/11/EU) came into force, which was implemented in the so-called "Alternative Dispute Settlement Act" (AStG).
This applies to disputes over obligations arising from paid contracts between
Businesses based in Austria and consumers from the EEA.