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General Terms and Conditions

I. General provisions

These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between the customer, purchaser or client (hereinafter referred to as "Customer") and Handwerk Design- und Möbelmanufaktur GmbH (hereinafter referred to as "Supplier") in respect of our goods and/or services, in particular purchase contracts, contracts for work and services or other commissioned services (commissioning, assembly, etc.). The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed. If the Supplier has a longer business relationship with the Customer, these General Terms and Conditions shall apply even if no specific reference is made to their validity. The General Terms and Conditions shall also apply to subsequent orders, even if they have not been separately agreed orally or in writing.

A consumer is any natural person who concludes a transaction that is not part of his or her commercial activity. 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 its commercial or independent professional activity. Companies limited by shares, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.

Employees of our company are not permitted to make any promises that deviate from these terms and conditions. Verbal agreements must be confirmed in writing by the supplier to be valid.​

 

II Quotations / General information on the conclusion of the contract

Verbal communications from the Supplier - even at the request of the Customer - are non-binding, even if they contain prices, dates and other technical specifications.

The contract shall be concluded when the Supplier confirms the order to the Customer or, in the absence of such confirmation, when the delivery is made to the Customer. In any case, however, the contract shall be concluded without the sending of an order confirmation if the Customer accepts the Supplier's offer in writing or signs the Supplier's written order submission. By entering into the agreement the Customer expressly accepts the terms and conditions of delivery and payment.

If the order confirmation signed by the Customer differs from his order, the order confirmation shall prevail in case of doubt.

Our quotations are only binding if they have been prepared specifically for a customer and submitted in writing. Furthermore, all our written quotations are subject to a charge, particularly if they include detailed planning requested by the customer. We are bound by these quotations for 14 days from the date of issue, subject to changes by the manufacturer.

Quotations and estimates are prepared to the best of our ability and cannot take into account circumstances specific to the order which are beyond our control. Should the need for additional work or cost increases arise during the execution of the order, our company will inform the customer immediately. If the client 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.

 

We reserve the right to make insignificant and reasonable variations in dimensions and finishes (colour and texture), particularly in the case of repeat orders, regardless of the type of contract concluded, provided that these are due to 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.

 

III. Right of withdrawal

Consumers resident in the EU have a right of withdrawal if

1. the contract is concluded in the simultaneous physical presence of the trader and the consumer at a place other than the trader's place of business

2. for which the consumer has made an offer in the circumstances referred to in point 1

3. the consumer has not made his contractual declaration either in the premises permanently used by the trader for his business purposes or at a stand used by him for this purpose at a fair or market, or the trader or a third party cooperating with him has brought the consumer to the premises used by the trader for his business purposes as part of a promotional trip, excursion or similar event or by personal, individual approach on the street and the contract does not fall under number 1. - 3.

The consumer does not have a right of withdrawal,

1. if he himself has initiated the business relationship with the trader or his authorised representative for the purpose of concluding this contract,

2. if the conclusion of the contract was not preceded by discussions between the parties or their authorised representatives, or

3. in the case of contracts where the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed remuneration is EUR 25 or if the nature of the business is such that it is not carried out in permanent business premises and the remuneration does not exceed EUR 50

4. in the case of contractual declarations made by the consumer in the physical absence of the trader, unless the consumer has been urged to do so by the trader.

In addition, the right of withdrawal does not apply to services if the trader has started to perform the contract at the express request of the consumer before the end of the withdrawal period and the consumer either

1. either confirmed, before the start of the provision of services, that he was aware that he would lose his right of withdrawal once the contract had been fully performed, or

2. expressly requested the trader to visit him in order to carry out the repair.

If the consumer withdraws from a contract for services before the end of the withdrawal period, after having placed an order and requested performance of the contract, and the trader has subsequently started to perform the contract, the consumer shall pay the trader an amount which, in relation to the total price agreed in the contract, corresponds proportionately to the services provided by the trader up to the time of withdrawal. In the case of custom-made goods, the entire gross invoice price is due.

 

 

 

IV. Prices and terms of payment

Our offers are open to all customers resident or established in a Member State of the European Union.

Unless otherwise stated in our product description, the prices quoted are total prices including VAT. Any additional delivery and shipping costs, as well as customs duties, will be shown separately in the relevant product description.

In principle, all goods are deemed to have been ordered without assembly. Unless otherwise agreed, any assembly work ordered shall be invoiced on the basis of the number of hours worked against proof. Extra work, overtime, night work and other additional operating costs shall be charged separately in accordance with the collective agreement or the statutory surcharge.

For deliveries to countries outside the European Union, additional costs may be incurred for which we are not responsible and which shall be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in connection with the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes payment from a country outside the European Union.

Unless otherwise agreed, 60% of the order amount shall be due upon receipt of the order confirmation and any agreed delivery period shall not commence until payment has been received. A further 35% of the order amount is due on delivery. If the Customer fails to meet this obligation, the Supplier shall be entitled to withhold delivery. The balance is due on completion and invoicing. Invoices issued are payable immediately.

Services such as design work are payable 100% in advance.

In the event of default, the customer undertakes to reimburse the reminder and collection costs necessary for appropriate legal prosecution, insofar as these are in reasonable proportion to the claim being pursued, and to pay default interest at a rate of 12% per annum. The statutory default interest for entrepreneurs remains unaffected.

If the customer fails to make payments, suspends payments, or if bankruptcy or composition proceedings are instituted against the customer's assets, the entire remaining debt shall become due and payable. In the case of consumer transactions, this shall only apply if the Supplier has already performed its own services, at least one of the Customer's outstanding services has been due for at least six weeks and the Supplier has sent the Customer an unsuccessful reminder threatening the loss of the deadline and setting a grace period of at least two weeks.​

 

V. Repairs

If the Supplier is obliged under the terms of the Contract to repair an item belonging to the Customer, the following shall apply:

1. the Supplier shall, at its own discretion, carry out the repair work itself or through qualified personnel selected by it. The Supplier may also use the services of third parties (subcontractors) working on its behalf. Unless otherwise stated in the Supplier's service description, the Customer shall not be entitled to select a specific person to perform the desired service.

2. the Customer shall provide the Supplier with all information necessary for the repair of the Goods, unless the procurement of such information is not within the Supplier's scope of duties according to the content of the Agreement. In particular, the Customer shall provide the Supplier with a full description of the defect and shall inform the Supplier of all circumstances which may be the cause of the defect found.

3. Unless otherwise agreed, the Customer must send the item to be repaired to the Supplier's registered office at its own expense and risk. The Supplier recommends that the Customer takes out transport insurance for this purpose. The Supplier also recommends that the Customer sends the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Supplier shall immediately inform the Customer of any obvious damage in transit so that the Customer can assert any rights against the carrier. The goods shall be returned at the Customer's expense. The risk of accidental loss and accidental deterioration of the Goods shall pass to the Customer when the Goods are handed over to a suitable carrier at the Supplier's place of business. At the request of the Customer, the Supplier shall take out transport insurance for the Goods.

4. the Supplier shall be liable for defects in the repair service provided in accordance with the provisions of the statutory warranty.

5. the Supplier shall draw the Customer's attention to the uneconomical nature of a repair if the Customer does not expressly insist on a repair at any price. If it only becomes apparent during the course of the repair that the item is unsuitable for repair, without this having been apparent to the Supplier on the basis of its specialist knowledge at the time the contract was concluded, the Supplier shall inform the Customer of this without delay. In this case the Customer shall pay the costs incurred up to that point or, if the Customer insists and this is still technically possible, the costs for the assembly of disassembled items.

VI. Delivery and shipping conditions

Unless otherwise agreed, the goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address specified by the Supplier in the order processing is decisive for the transaction.

If the Customer is a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Supplier has delivered the goods to the forwarder, carrier or other person or organisation designated to carry out the shipment. If the customer is a consumer, the risk of loss or damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party other than the carrier designated by the consumer. However, if the consumer has concluded the contract of carriage himself, without making use of a choice proposed by the carrier, the risk shall pass to the carrier upon delivery of the goods. Unless otherwise agreed, the consumer acquires ownership of the goods at the same time as the risk passes.

In the case of self-collection, the Supplier shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. Upon receipt of this e-mail, the Customer may collect the Goods from the Supplier's premises by arrangement with the Supplier. In this case no shipping costs will be charged.

 

​VII. Retention of Title

The Supplier retains title to the goods delivered to the Customer until the purchase price owed has been paid in full.

 

​VIII. Guarantee

In the event of defects, the provisions of the statutory warranty shall apply. The supplier is liable for ensuring that the goods have the objectively required characteristics in addition to the contractually agreed characteristics. This does not apply if the consumer expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics when concluding the contract, which he does by placing his order after being expressly informed of this deviation in the product description.

Deviations from this shall apply:

For entrepreneurs

1. an insignificant defect generally does not give rise to a warranty claim;

2. the Supplier has the right to choose the type of remedy;

3. the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

If the Customer is a consumer, the delivered goods with obvious transport damage must be reported immediately to the deliverer and the Supplier must be informed in writing. Complaints will not be accepted after two months from the date of delivery. Customary or technically unavoidable minor deviations do not entitle the customer to make a complaint.

The customer is advised that it may be necessary for him to carry out maintenance work, in particular to check and possibly oil or grease fittings and common components, to check sealing joints regularly and to re-treat external paintwork (e.g. windows) depending on the type of paint or glaze and the effects of weather. This work is not included in the scope of the order unless expressly agreed otherwise. Failure to carry out maintenance work may affect the service life and functionality of the components without giving rise to any claims for defects against the contractor. ​

 

VIIII. ​ Special conditions for the processing of goods according to certain specifications of the Customer

The Customer shall indemnify the Supplier against all claims of third parties which they may assert against the Supplier in connection with an infringement of their rights by the Supplier's contractual use of the Customer's Content. The Customer shall also bear the necessary costs of legal defence, including all court and lawyer's fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement.

If, according to the content of the agreement, the Supplier is also responsible for the manufacture and planning and/or design of the goods in addition to the delivery of the goods, both the plans, drawings etc. and the manufactured goods themselves are subject to the protection of copyright law and all provisions of industrial property law. The (potential) customer is not permitted to use, process or reproduce the plans and drawings or to illustrate the goods without the consent of the supplier, even if only on the basis of copyright law.

 

X. Special conditions for assembly/ installation

If, in addition to the delivery of the Goods, the Supplier is also responsible for the manufacture, assembly or installation of the Goods at the Customer's premises and, if applicable, for the corresponding preparatory measures (e.g. measurements), the following shall apply

1. the Supplier shall, at its own discretion, provide its services in person or through qualified personnel selected by it. The Supplier may also use the services of third parties (subcontractors) working on its behalf. Unless otherwise stated in the Supplier's service description, the Customer shall not be entitled to select a specific person to perform the desired service.

2. the Customer shall provide the Supplier fully and truthfully with the information necessary for the performance of the service owed, insofar as the procurement of such information does not fall within the scope of the Supplier's duties according to the content of the Agreement.

3. the Supplier shall contact the Customer after the conclusion of the Agreement in order to agree on a date for the performance of the Service owed. The Customer shall ensure that the Supplier or the Supplier's authorised personnel have access to the Customer's premises on the agreed date.

4. the risk of accidental loss and accidental deterioration of the goods manufactured and delivered shall not pass to the Customer until the installation work has been completed and the goods have been handed over to the Customer.​

 

XI. Liability

The Supplier shall be liable to the Customer for all contractual and statutory claims for damages, including claims in tort, as follows:

The Supplier shall be liable without limitation on any legal grounds whatsoever

- 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 a contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract. Any further liability of the Supplier shall be excluded.

If plans or measurements are provided by the Customer, the Customer shall be liable for their correctness unless their incorrectness is obvious or unless natural measurements have been agreed. If a measurement or instruction given by the Customer in the plan proves to be incorrect, the Supplier shall notify the Customer immediately and request appropriate instructions within a reasonable period of time. The costs incurred up to this point shall be borne by the customer. If the instructions are not received within a reasonable time, the Customer shall bear the consequences of the delay.

 

XII. Duty to cooperate

The Customer (Principal) shall be responsible for obtaining any necessary third party approvals, notifications to authorities and permits in good time and at its own expense. In addition, the customer must check whether the goods to be delivered or services to be provided comply with the applicable legal provisions.

If the Customer fails to carry out such checks or to obtain the necessary permits, the Supplier shall not be liable for any resulting damage or delay in performance and shall also be entitled to claim from the Customer any additional expenses and costs arising from the delay caused by the Customer. If the Customer is a consumer, the applicability of § 1168a ABGB shall remain unaffected.

In the case of commissioned assembly, the Customer must ensure that the respective assembly site is accessible, free of obstacles and ready for the installation of the sold product on the agreed delivery or assembly day, otherwise the Supplier is entitled to claim any additional expenses and costs incurred from the Customer.

When delivering the goods, it is assumed that the vehicle can drive directly to the building and unload. Additional costs incurred due to longer transport routes or more difficult access from the vehicle to the building will be charged separately. Mechanical means of transport must be provided by the customer for transport above the 2nd floor. Stairs must be passable. If the performance of the work by the Supplier or its subcontractors is hindered by circumstances for which the Client is responsible, the costs incurred (e.g. working time and travel expenses) shall be charged.

Any additional bricklaying, carpentry, blacksmithing, electrical and painting work shall be carried out by the Customer at its own risk and expense. The Supplier is not authorised to carry out any work beyond the scope of its trade. If such additional work is not completed by the agreed date of delivery or performance in such a way that the Supplier can commence installation immediately, the Supplier shall be entitled to claim the additional expenses and costs incurred from the Customer.

Where anchoring to walls and ceilings is required, the Customer must ensure that the surfaces are suitable for drilling or fixing, otherwise our liability for any resulting damage shall be fully discharged.

The removal and re-installation of door and window frames etc., any bricklaying work and any scaffolding required shall be provided or erected by the Client unless expressly stated to be included in the price. The required lighting and power supply shall also be provided by the Customer.

The Customer is obliged - if necessary, with the assistance of an authorised third party - to confirm delivery or performance in accordance with the contract by signing a worksheet. By doing so, the customer confirms that the contract has been duly performed.

XIII. Applicable Law / Jurisdiction

All legal relationships between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the Customer is a businessman within the meaning of clause 1.2, the exclusive place of jurisdiction shall be the Supplier's registered office.

Should any provision of the Contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be deemed replaced by a valid or enforceable provision which comes as close as possible to the economic content of the invalid or unenforceable provision. In the event of a loophole, the provision shall be deemed to have been agreed which, according to the meaning and purpose of the contract, would have been agreed if the loophole had been known from the outset.

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