Table of contents

 

1) General information

2) Conclusion of contract in the web shop/distance selling

3) Conclusion of contracts outside of distance selling/quotations/general information on the conclusion of contracts

4) Right of withdrawal

5) Prices and terms of payment

6) Repairs

7) Delivery and shipping conditions

8) Retention of title

9) Warranty

10) Liability

11) Indemnification in the event of infringement of third-party rights

12) Duty to cooperate

13) Applicable law/jurisdiction

 

1) General information

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between the customer ordering the work, buyer or client (hereinafter referred to as "customer") and us ReStWOODS e.U. (hereinafter referred to as "supplier") with regard to our goods and/or services.

 

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 objected to, unless otherwise agreed. If the Supplier has a longer business relationship with the Customer, these GTC shall apply even if no specific reference is made to their validity. The GTC shall also apply to subsequent orders, even if they are not separately agreed orally or in writing.

 

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC 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.

 

1.3 Employees of our company are prohibited from making promises that deviate from these terms and conditions. Verbal agreements shall only be effective if they are confirmed in writing by the supplier.

 

2) Conclusion of contract in the web shop/distance selling

 

2.1 The product descriptions contained in the Supplier's online store do not constitute binding offers, but are intended for the submission of a binding offer by the Customer.

 

2.2 The customer can submit the offer via the online order form integrated in our online store. 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 contractual 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.

 

2.3 The Supplier may 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 the receipt of the order confirmation by the customer is decisive in this respect, or

• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or

• by requesting payment from the customer after the order has been placed.

 

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the supplier does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by its declaration of intent.

 

2.4 If the customer selects "PayPal" as the payment method during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the order process. In this case, in deviation from Section 2.3, the Supplier hereby declares acceptance of the Customer's offer at the time when the Customer initiates the payment transaction by clicking the button concluding the order process.

 

2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

 

2.6 When submitting an offer via the Supplier's online order form, the text of the contract shall be saved by the Supplier and sent to the Customer in text form (e.g. e-mail, fax, letter or available at https://www.restwoods.com/agb) or made available for inspection after the Customer has sent his order together with these GTC. 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 store before sending his order.

 

2.7 Before binding submission of the order via the supplier's online order form, the customer can correct his entries on an ongoing basis using the usual user functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual user functions.

 

2.8 Only the German language is available for the conclusion of the contract.

 

2.9 Order processing and contact are generally carried out by 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 by the supplier to process the order can be delivered.

 

3) Conclusion of contracts outside of distance selling/quotations/general information on the conclusion of contracts

 

3.1 Verbal communications from the Supplier - including at the Customer's request - are non-binding, even if they contain prices, deadlines and other technical specifications.

 

3.2 The contract is concluded with the order confirmation sent to the customer by the supplier or, in the absence thereof, with the execution of the delivery to the customer. In any case, however, the contract shall also be 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 submission.

 

3.3 If the order confirmation signed by the customer differs from his order, the order confirmation shall apply in case of doubt, unless the customer is a consumer. In this case, no contract shall be concluded with a consumer.

3.4 Our cost estimates shall only be binding if they have been prepared specifically for a customer and submitted in writing. Furthermore, all our written cost estimates are subject to a fee, especially if they include detailed planning requested by the customer. This fee is deducted from the order amount when the order is placed.

will be deducted. We are bound to these cost estimates for 30 days from the date of submission.

3.5 Quotations and cost estimates shall be provided to the best of our knowledge; no account can be taken of order-specific circumstances that are beyond the control of our company. Should the need for further work or cost increases arise during the execution of the order, our company shall inform the customer immediately. If the customer does not make a decision regarding the continuation of the interrupted work within one week or does not accept the cost increases, our company reserves the right to invoice the partial service rendered and to withdraw from the contract.

 

3.6 Insignificant, reasonable deviations in the dimensions and finishes (color and structure), in particular in the case of repeat orders, shall remain reserved - irrespective of the type of contract concluded - insofar as these are in the nature of the materials used and are customary. In particular, material-related changes, e.g. in dimensions, colors, wood and veneer appearance, grain and structure, etc. shall be deemed objectively justified.

 

4) Right of withdrawal

 

4.1 Consumers resident in the EU have the right to withdraw from contracts 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 business premises,

 

2. for which the consumer has made an offer under the circumstances specified in no. 2,

 

3. which is concluded on the trader's business premises or by means of distance communication immediately after the consumer has been addressed personally and individually at a place other than the trader's business premises in the simultaneous physical presence of the trader or his representative and the consumer, or

 

4. which is concluded on an excursion organized by a trader or his representative with the intention or with the result that the trader advertises or has advertised the sale of goods or the provision of services to the consumer and concludes corresponding contracts with the consumer

 

5. 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, whereby up to and including the conclusion of the contract only means of distance communication are used;

 

6. 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 trade 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 in the course of a promotional trip, an excursion or a similar event or by personal, individual approach on the street and the contract does not fall under items 1 - 5.

 

The consumer is not entitled to the right of withdrawal according to no. 6,

 

a. if he himself has initiated the business relationship with the entrepreneur or his agent for the purpose of concluding this contract,

 

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

 

c. 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 25 euros, or if the nature of the business is such that it is not operated on permanent business premises and the remuneration does not exceed 50 euros

 

d. 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.

 

The consumer has no right of withdrawal in the case of distance contracts or contracts concluded outside business premises in accordance with items 1 - 5 above.

 

a. services, if the trader - on the basis of an express request by the consumer and a confirmation by the consumer of his knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had begun to perform the service before the expiry of the withdrawal period and the service was then provided in full,

 

b. Goods that are manufactured according to customer specifications or are clearly tailored to personal requirements.

 

The consumer also has no right of withdrawal in the case of contracts concluded outside business premises (items 1.-4.) and where the consideration to be paid by the consumer does not exceed the amount of EUR 50.

 

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

 

5.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

 

5.2 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 directing hours against proof. Requested additional work, overtime, night hours and other additional operational costs shall be paid separately in accordance with the collective agreement or statutory surcharge. For other possible costs in connection with an installation, see point 12 Obligation to cooperate.

 

5.3 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which we are not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money 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 relation to the transfer of funds 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.

 

5.4 Various payment options are available to the customer for distance selling orders, which are specified in our online store.

 

5.5 If advance payment has been agreed for purchases via the online store, payment is due immediately after conclusion of the contract.

 

5.6 If the payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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.

 

5.7 If the payment method purchase on account is selected, 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 offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the supplier shall inform the customer of a corresponding payment restriction in his payment information in the online store.

 

5.8 For contracts not concluded via the online store, 30% of the order amount is due upon receipt of the order confirmation, unless otherwise agreed; any agreed delivery period shall not commence until the payment date. A further 30% of the order amount is due upon delivery. If the customer does not fulfill this obligation, the supplier is entitled to withhold the delivery. The remainder is due upon completion and invoicing. Invoices submitted are due within 14 days.

 

5.9 In the event of default, the customer undertakes to reimburse the dunning and collection expenses necessary for appropriate legal action, insofar as these are in reasonable proportion to the claim pursued, and to pay interest on arrears at a rate of 9% p.a.. The statutory default interest for entrepreneurs remains unaffected.

 

5.10 If the customer does not meet his payments, suspends his payments or if bankruptcy or composition proceedings are opened against his assets, the entire remaining debt shall become due.

 

In the case of consumer transactions, this shall only apply if the supplier has already rendered its services, at least one overdue service of the customer has been due for at least six weeks and the supplier has sent the customer an unsuccessful reminder under threat of losing the deadline and setting a grace period of at least two weeks.

 

6) Repairs

 

6.1 The Supplier shall draw the Customer's attention to the uneconomical nature of a repair if the Customer does not expressly insist on restoration at any price. If it only becomes apparent in the course of carrying out the repair and without this being recognizable to the Supplier on the basis of its specialist knowledge when the contract was concluded that the item is unsuitable for repair, the Supplier must inform the Customer of this immediately. 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.

 

7) Delivery and shipping conditions

 

7.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the supplier's order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

 

7.2 If the transport company returns the dispatched goods to the supplier because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. 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 had given him reasonable advance notice of the service.

 

7.3 If the customer acts as an entrepreneur, 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 forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the supplier has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the supplier has not previously named this person or institution to the customer.

 

7.4 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. After receipt of this e-mail, the customer can collect the goods from the supplier's premises by arrangement with the supplier. In this case, no shipping costs will be charged.

 

8) Retention of title

 

8.1 The Supplier shall retain title to the goods delivered to consumers until the purchase price owed has been paid in full.

 

8.2 The Supplier shall retain title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

 

8.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the supplier in advance all resulting claims against third parties in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. This shall not affect the Supplier's right to collect the receivables itself. However, the Supplier shall not collect the claims as long as the Customer meets its payment obligations to the Supplier, is not in default of 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 shall apply. Deviating from this applies:

 

9.1 For entrepreneurs

 

a. an insignificant defect does not justify any warranty claims;

 

b. the supplier has the choice of the type of remedy;

 

c. the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

 

9.2 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the supplier of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual warranty claims.

 

9.3 The customer is advised that maintenance work may have to be carried out on his part, in particular fittings and common components must be checked and possibly oiled or greased, sealing joints must be checked regularly, exterior paintwork (e.g. windows) must be re-treated according to the type of paint or glaze and the effects of the weather. This work is not included in 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 giving rise to claims for defects against the contractor.

 

9.4 The professional installation of modern windows and external doors improves the energy quality of the building and makes the building envelope tighter. In order to maintain the indoor air quality and prevent the formation of mold, additional requirements for the ventilation of the building must be met in accordance with Ö-Norm. Any ventilation concept required in this respect is a planning task that is not part of the contract awarded to our company. This task must always be arranged by the client/customer. During the heating period, sufficient air humidity must be ensured, as otherwise there is a risk of excessive joint and damage formation. Lack of maintenance or upkeep by the customer will invalidate any warranty claims.

 

10) Liability

 

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

 

10.1 The Supplier shall be liable without limitation 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.

 

10.2 If the Supplier negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause.

 

10.3 Any further liability of the Supplier is excluded.

 

10.4 If the customer provides plans or measurements, the customer shall be liable for their correctness unless their incorrectness is obvious or unless natural measurements have been agreed. If a plan, a measurement or an instruction of the customer proves to be incorrect, the supplier must inform the customer immediately and request appropriate instructions within a reasonable period of time. The costs incurred up to that point shall be borne by the customer. If the instruction is not received within a reasonable period of time, the customer shall be liable for the consequences of the delay.

 

11) Indemnification in the event of infringement of third-party rights

 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 certain 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 shall indemnify the Supplier against any claims of third parties which they may assert against the Supplier in connection with an infringement of their rights by the contractual use of the Customer's content by the Supplier. The customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the supplier immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

 

12) Duty to cooperate

12.1 The customer (principal) shall arrange for any necessary third-party authorizations, notifications to authorities and obtaining of permits in due time and on its own responsibility and at its own expense. Furthermore, the customer must check whether the goods to be delivered or services to be performed comply with the applicable legal provisions.

 

12.2 If the customer fails to carry out a corresponding inspection or obtain the necessary authorizations, the supplier shall not be liable for any resulting damage or delays in execution 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 the provision of § 1168a ABGB remains unaffected.

 

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

 

12.4 When delivering the goods, it is assumed that the vehicle can drive directly to the building and unload. Additional costs caused by further transportation routes or due to more difficult access from the vehicle to the building shall be charged separately. For transportation beyond the 2nd floor, mechanical means of transport must be provided by the client. Stairs must be passable. If the execution of the work by the Supplier or the persons commissioned by it is hindered by circumstances for which the Customer is responsible, the corresponding costs (e.g. working time and travel expenses) shall be invoiced.

 

12.5 Any additional masonry, carpentry, blacksmithing, electrical and painting work that may be required shall be carried out by the Customer on its own responsibility and at its own expense. The joiner is not entitled to carry out work that goes beyond the scope of his trade. If any such additional work is not completed by the agreed delivery or performance date in such a way that the Supplier can start installation immediately, the Supplier shall be entitled to claim any additional expenses and costs incurred from the Customer.

 

12.6 If anchoring to walls and ceilings is necessary, the customer must ensure that the substrates are suitable for drilling or fastening, otherwise our liability for any resulting damage shall lapse completely.

 

12.7 The moving and relocation of door and window frames, etc., any masonry work and any necessary scaffolding shall be provided or erected by the customer, unless they are expressly stated as being included in the price. The required lighting and power supply must also be provided by the customer.

 

12.8 The customer is obliged - if necessary also with the assistance of an authorized third party - to confirm the delivery or service by signing a worksheet after it has been provided in accordance with the contract.

 

If the customer is not a consumer, he thereby confirms the defect-free fulfillment of the contract.

 

13) Applicable law/jurisdiction

 

The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer is domiciled.

 

If the customer is an entrepreneur within the meaning of clause 1.2, the exclusive place of jurisdiction shall be the place of the supplier's registered office. The place of jurisdiction for actions brought by the entrepreneur against the consumer as well as for actions brought by the consumer against the entrepreneur shall be the consumer's place of residence if the consumer is domiciled in the EU but not in Austria. If the consumer has his domicile or habitual residence in Austria, he can only be sued at the court in whose district the domicile or habitual residence 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 provided by law.