Legal Information

1) General

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded between the work orderer, purchaser or client (hereinafter referred to as “Customer”) and us ST Outdoormöbel OG (hereinafter referred to as “Supplier”) with regard to 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 objected to, unless otherwise agreed. If the supplier has a long-term business relationship with the customer, these GTC shall apply even if no special reference is made to their validity. The GTC shall also apply to subsequent orders, even if they are not separately agreed verbally or in writing.

1.2 A consumer is any natural person who enters into a transaction that is not part of his or her business. 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 his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance companies, savings banks, European Economic Interest Groupings (EEIGs), European Companies (SEs) and European Cooperatives (SCEs) are entrepreneurs by virtue of their legal form.

1.3 Employees of our company are prohibited from making any promises that deviate from these conditions. Verbal agreements require the written confirmation of the supplier for their effectiveness.

2) Conclusion of contract in web shop/distance selling

2.1 The product and service descriptions contained in the Supplier’s online store do not constitute binding offers, but serve 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. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes 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.

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 (e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
– by requesting payment from the customer after the customer’s order has been placed.
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 shall no longer be bound by its declaration of intent.

2.4 If the Customer selects a payment method during the online ordering process, in which he also issues a payment order to his payment service provider to transfer the money directly to the Supplier’s account by clicking the button concluding the ordering process, the Supplier shall, in deviation from Section 2.3, already now declare acceptance of the Customer’s offer at the time the money is received in the Supplier’s account.

2.5 The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the Customer and shall end at the end of the fifth day following the dispatch of the offer.

2.6 When submitting an offer via the Supplier’s online order form, the text of the contract shall be stored by the Supplier after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent its order. The supplier shall not make the text of the contract accessible beyond this.

2.7 Before bindingly submitting the order via the Supplier’s online order form, the Customer may continuously correct its entries via 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 operator functions.

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

2.9 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate, so that 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 contract outside distance selling / cost estimates / general information on conclusion of contract

3.1 Oral communications of the Supplier – also at the request of the Customer – shall remain free, even if prices, dates and other technical specifications are communicated therein.

3.2 The contract shall be concluded upon the Supplier’s order confirmation sent to the Customer or, in the absence thereof, upon execution of the delivery to the Customer. In any case, 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 template.

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 is concluded with a consumer.

3.4 Our cost estimates shall only be binding if they have been prepared specifically for a customer and have been submitted in writing. Furthermore, all our written cost estimates are subject to payment, especially if they include detailed planning requested by the customer. This fee will be deducted from the order total when the order is placed. We are bound to these cost estimates for 14 days from the date of submission.

3.5 Quotations and cost estimates shall be provided to the best of our knowledge; no consideration can be given to order-specific circumstances that are beyond the recognition of our company. Should the need for further work or services arise during the execution of the order, we will cost increases, our company will notify the customer without delay. If the customer does not make a decision within one week regarding the continuation of the interrupted work or If the customer does not accept the cost increases, our company reserves the right to invoice the partial performance rendered and to withdraw from the contract.

3.6 Insignificant, reasonable deviations in 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 residing in the EU have a right to withdraw from contracts if
1. the contract is concluded with the simultaneous physical presence of the entrepreneur and the consumer in a place which is not the business premises of the entrepreneur,
2. for which the consumer has made an offer under the circumstances specified in item 1,
3. concluded on the business premises of the trader or by means of distance communication, immediately after the consumer has been addressed personally and individually at a place other than the business premises of the trader with the simultaneous physical presence of the trader or his representative and the consumer, or
4. concluded on an excursion organized by an entrepreneur or by his agents with the intention or with the result that the entrepreneur advertises or causes to be 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, using exclusively means of distance communication up to and including the conclusion of the contract;

6. the consumer has not made his contractual declaration either in the premises permanently used by the entrepreneur for his business purposes or at a stand used by him for this purpose at a trade fair or market, or the entrepreneur or a third party cooperating with him has brought the consumer to the premises used by the entrepreneur for his business purposes in the course of a promotional trip, an excursion or a similar event or by personally addressing him individually on the street and the contract has not been concluded under item 1. – 5. Falls.
The right of withdrawal according to Z.6. is not available to the consumer,
a. if he himself has initiated the business connection with the entrepreneur or his representative 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 away from their business premises and the agreed remuneration does not exceed 25 euros, or if the business is not operated on permanent business premises by its nature 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.
Furthermore, the right of withdrawal does not apply to services if the entrepreneur has started to perform the contract before the expiry of the withdrawal period due to an explicit request by the consumer and if the consumer has
(a) either confirmed, prior to the commencement of the provision of the service, that he/she had taken note of the fact that he/she would lose his/her right of withdrawal upon full performance of the contract, or
(b) expressly requested the Contractor to visit in order to have repair work carried out.
If the consumer withdraws from a contract for services after he has declared by his order a demand for performance of the contract before the expiry of the withdrawal period and the entrepreneur has thereupon commenced performance of the contract, he shall pay to the entrepreneur an amount which, in comparison with the contractual agreed total price corresponds proportionately to the services rendered by the entrepreneur until the withdrawal.

The consumer also does not have the right to withdraw from contracts concluded away from business premises (lines 1 – 4) and where the fee payable by the consumer does not exceed the amount of 50 euros.
4.2 Further exceptions and more detailed information on the right of withdrawal can be found in our withdrawal instructions and waiver.

5) Prices and terms of payment

5.1 Our offers are available to all customers with a place of residence or a Registered office open in a member state of the European Union

5.2 Unless otherwise stated in our product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

5.3 In principle, all goods shall be deemed ordered without assembly. Unless otherwise agreed, a commissioned installation shall be invoiced on the basis of direct hours against proof. Requested overtime, overtime, night work 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 item 12 Duty to cooperate.

5.4 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which we are not responsible and which shall be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) 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.

5.5 Various payment options are available to the customer for orders placed at a distance, which are indicated in our online store.

5.6 If prepayment has been agreed for purchases via the online store, payment shall be due immediately after conclusion of the contract.

5.7 For contracts not concluded via the online store, 50% of the order amount shall be due upon receipt of the order confirmation, unless otherwise agreed; any promised delivery period shall only begin to run on the payment date. The balance is due upon completion and invoicing. Invoices are due within 14 days.

5.8 In the event of default, the customer undertakes to reimburse the reminder and collection expenses necessary for appropriate legal action, insofar as

these are in reasonable proportion to the claim pursued, as well as to pay default interest in the amount of 8% p.a.. The statutory interest on arrears for entrepreneurs shall remain unaffected.

5.9 If the customer does not meet his payments, stops his payments or if bankruptcy or composition proceedings are instituted against his assets, the entire remaining debt shall become due. In the case of consumer transactions, this shall only apply if the Supplier itself has already performed its services, at least one of the Customer’s services in arrears has been due for at least six weeks, and the Supplier has unsuccessfully sent the Customer a reminder under threat of losing the deadline and setting a grace period of at least two weeks.

6) Delivery and shipping conditions

6.1 Goods shall be delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the supplier’s order processing is decisive.

6.2 If the transport company returns the shipped goods to the supplier because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. 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 offered service, unless the supplier had given him reasonable prior notice of the service.

6.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Supplier has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of loss of or damage to the goods shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer himself has concluded the contract of carriage without making use of a choice proposed by the entrepreneur, the risk shall pass to the carrier as soon as the goods are handed over. In the absence of any other agreement, the consumer acquires ownership of the goods at the same time as the risk passes.

6.4 In the event of self-collection, the Supplier shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can pick up the goods at the supplier’s registered office by arrangement with the supplier. In this case, no shipping costs will be charged.

7) Retention of title

7.1 With respect to the Customer, the Supplier shall retain title to the delivered goods/work until the purchase price owed has been paid in full.

8) Warranty

In the event of defects, the provisions of the statutory warranty shall apply. The supplier shall be liable for ensuring that the goods have the objectively required properties in addition to the contractually agreed properties. This does not apply if the consumer, when concluding the contract, expressly and separately agrees to the deviation of a certain characteristic from the objectively required characteristics, which he does by his order, after being specifically informed of this deviation in the product description.
Deviating from the above, the following applies: For entrepreneurs
a. an insignificant defect does not constitute grounds for warranty claims;
b. the supplier has the choice of the type of remedy;
c. The limitation period shall not begin to run again if, within the scope of the liability for defects, a
Replacement delivery is made.
If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the supplier of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual warranty claims.
The customer is advised that maintenance work may have to be carried out on his part, in particular fittings and common components are to be checked and any necessary repairs carried out. oil or grease, seal joints must be checked regularly, exterior paintwork (e.g. windows) must be retreated in accordance with the type of paint or stain and the weather conditions. This work is not part of the scope of the order unless expressly agreed otherwise. Failure to carry out maintenance work may impair the service life and functionality of the components without this giving rise to any claims for defects against the contractor.

9) Special conditions for the processing of goods according to certain specifications of the customer.

9.1 If, according to the content of the contract, the Supplier, in addition to the delivery of the goods, also owes the production/processing of the goods according to certain specifications of the Customer, the Customer shall provide the Supplier with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Supplier and shall grant the Supplier the rights of use required for this purpose. The customer is solely responsible for obtaining and acquiring the rights to this content. The Customer declares and assumes responsibility for having the right to use the content provided to the Supplier. In particular, he shall ensure that no rights of third parties are infringed, especially copyrights, trademark rights and personal rights.

9.2 The Customer shall indemnify the Supplier against claims of third parties which the latter 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. In this case, the customer shall also assume the necessary costs of 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.

9.3 If, according to the content of the contract, the Supplier is also responsible for the manufacture and planning and/or design of the goods in addition to the delivery of the goods, plans, drawings, etc. as well as the manufactured goods themselves shall be subject to the protection of the Copyright Act and all provisions of industrial property rights. Any exploitation, use and processing of the plans and drawings as well as any reproduction or illustration of the goods without the consent of the supplier is not permitted to the (potential) customer already on the basis of the copyright law.

10) Special conditions for assembly/installation services

10.1 If, according to the content of the contract, the Supplier is also obliged, in addition to the delivery of the goods, to manufacture, assemble or the installation of the goods at the customer’s premises and, if necessary corresponding preparatory measures (e.g. measurement), the following shall apply:

10.2 The Supplier shall provide its services, at its option, in its own person or by qualified personnel selected by it. In doing so, the Supplier may also use the services of third parties (subcontractors) acting 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 requested service.

10.3 The Customer shall provide the Supplier with the complete and truthful information required for the provision of the service owed, unless the procurement of such information falls within the Supplier’s scope of obligations according to the content of the contract.

10.4 The Supplier shall contact the Customer after the conclusion of the contract in order to agree on a date for the performance owed. The customer shall ensure that the supplier or the the personnel assigned by the latter have access to the relevant facilities of the customer at the agreed time.

10.5 The risk of accidental loss and accidental deterioration of the manufactured and delivered goods shall only pass to the customer upon completion of the assembly work and handover to the customer.

11) Liability

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

11.1 The Supplier shall be liable without limitation for any legal reason whatsoever

– in the event of intent or gross negligence,
– in the event of intentional or negligent injury to life, limb or health.
Health.

11.2 If the Supplier negligently breaches a contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract.

11.3 In all other respects, any liability on the part of the Supplier shall be excluded.

11.4 If plans are provided by the customer or measurements are given, the customer shall be liable for their correctness, unless their incorrectness is obvious or unless natural measurements have been agreed. If a plan, measurement or instruction of the Customer proves to be incorrect, the Supplier shall notify the Customer thereof immediately and request the Customer to issue 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 default.

12) Duty to cooperate

12.1 The Customer (Client) shall arrange for any necessary approvals by third parties, notifications to authorities, obtaining permits in a timely manner and on its own responsibility as well as at its own expense. Furthermore, the customer shall verify whether the goods to be delivered or the service to be performed conform to the applicable legal provisions.

12.2 Failure to perform a corresponding verification or If the Customer fails to obtain the necessary permits, the Supplier shall not be liable for any damages or delays in performance resulting therefrom and shall furthermore be entitled to claim from the Customer any additional expenses and costs incurred due to 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 shall ensure that at the agreed delivery or assembly date the day of assembly, the respective assembly site is accessible, free of all obstacles and ready for the installation of the sold product, otherwise the Supplier shall be entitled to claim from the Customer any additional expenses and costs incurred.

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 transport routes or due to difficult delivery from the vehicle to the building will be charged separately. For transports over the 2. Beyond the first floor, mechanical means of transport shall be provided by the client. Stairs must be passable. If the performance of the Supplier’s work or the work of persons commissioned by the Supplier is impeded 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, blacksmith, electrician, plumber and painting work that may be required shall generally be carried out by the customer at its own expense.

responsibility and at their own expense. The carpenter is not authorized to perform work beyond the scope of his trade. Should these possible additional works be added to the agreed delivery resp. If the installation work is not completed by the performance date in such a way that the Supplier can start the installation immediately, the Supplier shall be entitled to claim any additional expenses and costs from the Customer. Connection and commissioning of sockets must be carried out by a licensed electrician. Gas connection must be made by an installer.

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

12.7 The customer shall provide or erect the necessary scaffolding, any masonry work, and the installation and relocation of door and window frames, etc., unless they are expressly stated to be included in the price. Likewise, the necessary light and power current is to be provided by the customer.

12.8 The customer shall – if necessary also with the assistance of a third party authorized for this purpose – be obliged to make a written declaration after contractual delivery and/or performance to confirm this by signing a worksheet. If the customer is not a consumer, he thereby confirms the defect-free fulfillment of the contract.

13) Applicable law/place of jurisdiction

All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall apply only to the extent that 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 Section 1.2, the place of the Supplier’s registered office shall be agreed as the exclusive place of jurisdiction.

14) Alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.