Terms and Conditions

1. Validity:
The deliveries, services, and offers of our company are made exclusively based on these terms and conditions; we do not accept conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity. Any actions on our part to fulfill the contract do not constitute acceptance of contract terms that deviate from our conditions.


 

2. Prices:

All prices quoted by us are exclusive of VAT, unless explicitly stated otherwise.

The prices in our price lists, as well as all orally and written communicated prices, are non-binding and subject to change. In the case of price changes, the prices valid on the day of delivery will apply.


 

3. Delivery:
Deliveries are made at the buyer's risk, regardless of the method of shipment. All shipments with a net goods value exceeding €500 will be shipped free of charge to the destination within Austria, with us reserving the right to choose the most cost-effective shipping method. Excluded are shipments whose dimensions exceed a standard European pallet. For orders within the Vienna area, a delivery fee will be charged for net goods values below €500. Sale items, custom-made goods, and items not listed in our price lists, as well as express shipments, will be delivered unfreight. For orders with a net value below €35, a processing fee of €10 will be charged, except in cases of self-pickup and cash payment. Delays due to force majeure or other circumstances preventing timely delivery relieve us from the obligation to deliver.


 

4. Delivery Time:
We are entitled to exceed the agreed delivery times and deadlines by up to one week. The customer may only withdraw from the contract after the expiry of this period, by setting a reasonable additional deadline.


 

5. Contract Withdrawal:
In the event of a delay in acceptance or other important reasons, such as the customer's bankruptcy or dismissal of bankruptcy due to lack of assets, or in case of the customer's payment default, we are entitled to withdraw from the contract, provided that it has not been fully performed by both parties. In the event of a withdrawal, we have the choice to demand a flat-rate compensation of 15% of the gross invoice amount or the actual damages incurred, if the customer is at fault. In case of the customer's payment delay, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services, demand advance payments or securities, or withdraw from the contract after setting a reasonable additional deadline. If the customer withdraws from the contract without being entitled to do so or demands its cancellation, we may insist on the performance of the contract or agree to its cancellation. In the latter case, the customer is obliged to pay a flat-rate compensation of 15% of the gross invoice amount or the actual damage incurred, as chosen by us.


 

6. Complaints:
Complaints can only be considered within 8 days after receipt and only before the goods have been processed. Returns will only be accepted after prior consultation with us. The goods must be in perfect condition, and the return shipment must be sent to us without charge. In case of our fault, the costs will be credited. Deviations in fabric, surface, size, and color, insofar as they fall within the usual industry tolerances, cannot be the basis for a complaint. Over- and under-deliveries are possible and may not be the basis for a complaint, especially in the case of custom-made goods, provided they are within normal industry tolerances. Tolerance specifications regarding size consistency, light fastness, etc., are only binding if confirmed by us in writing.


 

7. Damages:
All claims for damages and consequential costs are excluded in cases of slight negligence.


 

8. Product Liability:
Claims for recourse under Section 12 of the Product Liability Act are excluded unless the claimant proves that the defect was caused within our sphere and was at least grossly negligent. Claims for consequential damages are excluded, except in the case of intentional or grossly negligent misconduct on our part.


 

9. Payment:
Cash payment upon receipt of the invoice (goods) with a 2% discount, or within 30 days of receiving the invoice net, without further deductions. If the payment deadline is exceeded, interest will be charged at 2% above the usual bank discount rate. If payment is made by bill of exchange, all bill and discount charges are at the expense of the client. The date on which the financial institution credits the payment to the contractor's account is decisive. If a significant deterioration in the customer's financial situation becomes known or if the customer is in default, the contractor has the right to demand immediate payment of all invoices, including those not yet due. Furthermore, the contractor has the right to make the delivery of ongoing orders dependent on partial payments.


 

10. Retention of Title and Enforcement:
All goods are delivered under retention of title and remain our property until full payment is made. The enforcement of the retention of title is only considered a withdrawal from the contract if explicitly declared. When goods are returned, we are entitled to charge transport and handling fees incurred. In the event of third-party claims against the goods under retention of title—especially through garnishment—the customer is obliged to notify us immediately and point out our ownership.  


 

11. Reminder and Collection Fees:
The customer undertakes to reimburse the creditor for reminder and collection fees incurred due to default, as long as they are necessary for appropriate legal enforcement, specifically including fees of the collection agency, as regulated by the Ministry of Economics and Labour's regulation on maximum collection agency fees.


 

12. Packaging, Postage & Cutting Costs:
The costs for postage, packaging, and cutting are outlined in our price lists.


 

13. Data Protection, Address Changes, and Copyright:

The customer consents to the automated storage and processing of personal data contained in the purchase contract in order to fulfill this contract.

The customer is obligated to notify us of any changes to their residential or business address as long as the legal transaction related to the contract has not been fully completed by both parties. If the customer fails to provide such notification, declarations are still deemed to have been received if sent to the last known address.


 

14. Severability Clause:
If one or more provisions of this contract are or become legally invalid, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced as soon as possible by other provisions that come closest to the economic intent of the invalid provision.


 

15. Choice of Law, Jurisdiction:
Austrian law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded. The language of the contract is German. The parties agree to Austrian domestic jurisdiction. The court of jurisdiction is Vienna.


 

Cut goods and goods that have been otherwise processed cannot be returned.