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General Terms and Conditions (GTC)
General Terms and Conditions and Consumer Information within the framework of purchase contracts concluded between home INTERIOR M.H. GmbH, Mils - hereinafter referred to as "Seller" - and the customer - hereinafter referred to as "Customer".
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements which take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to.
(2) The customer is a consumer insofar as he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with: harne INTERIOR M.H. GmbH, Gewerbepark Süd 1 , A-6068 Mils.
(2) The essential characteristics of the goods result from the respective product description posted by the seller.
(3) All offers made by the seller are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the seller.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the order and stated in the order or order confirmation at the stated final prices. Errors and omissions therein are reserved, in particular with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions. Illustrations may only represent the products inaccurately; colours in particular may deviate considerably for technical reasons. Technical data, weight, measurement and performance descriptions are given as precisely as possible, but may show the usual deviations. These deviations do not constitute defects in the products delivered by the seller.
§ 4 Delivery, Prices, Shipping Costs
(1) Delivery only takes place in Austria and Germany.
(2) All item prices include the statutory value added tax. The stated prices are retail prices plus shipping costs. The customer receives an invoice with VAT shown.
§ 5 Payment
Payment shall be made as agreed. Usually 50 % down payment, the rest after delivery.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but helps the seller to be able to assert claims against the carrier or the transport insurance.
§ 5 Payment
Payment shall be made as agreed. Usually 50 % down payment, the rest after delivery.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but helps the seller to be able to assert claims against the carrier or the transport insurance.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but helps the seller to be able to assert claims against the carrier or the transport insurance.
§ 7 Warranty
(1) The Seller shall be liable for material defects in accordance with the applicable statutory provisions.
(2) A warranty only exists for the goods delivered by the vendor if this was expressly given in the order confirmation for the respective item.
(3) Complaints and claims for liability for defects can be made at the address given in the supplier's identification.
(4) If the buyer demands redhibitory action or a price reduction, we as the seller may, at our discretion, release ourselves from our obligation to perform by making good what is missing or by effecting an improvement or, in the case of searches for a particular type, by replacing the defective item within a reasonable period of time. Objects made of natural materials in particular have natural variations in appearance. In the case of wood, knotholes, cracks and minor colour deviations are deemed to be accepted and do not constitute a reduction in value. The same applies to the colouring and patterning of home textiles and floor coverings.
(5) Scope of warranty: We accept no liability for damage and consequential damage caused as a result of slight negligence by us or persons for whom we are responsible. Professional assembly, proper use and proper care of products are the prerequisites for the validity of the warranty. Normal wear and tear as well as damage caused by third parties are not covered by the warranty. The buyer can only make qualitative claims on the ordered goods to an amount that can be reasonably or customarily made for goods in this price range.
§ 8 Retention of title
The goods delivered shall remain the property of the seller until payment has been made in full.
§ 9 Liability
The statutory provisions shall apply.
§ 10 Contract text
The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the General Terms and Conditions shall be sent to the customer by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The contract language is German.
(2) Contracts between the seller and the customers shall be governed by the laws of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. This choice of law shall only apply to consumers insofar as the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's registered office. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is not known at the time the action is brought.