AGB Vienna Megastore
1. Validity
The following General Terms and Conditions apply to business transactions between the customer and FiAn Küchen GmbH, Alser Straße 38, 1090 Vienna, FN 431378 f. Decisive
the version valid at the time of the conclusion of the contract. Deliveries, services and offers of FiAn Küchen GmbH are exclusively based on these terms and conditions, conflicting or supplementary terms and conditions of the customer are only valid if they are explicitly accepted and confirmed in writing by the management. Ancillary agreements of any kind as well as promises made by representatives require the written confirmation of the management in order to be legally valid.
2. Conclusion of contract
Offers made by FiAn Küchen GmbH are subject to change unless they are expressly designated as binding. By signing the order form, the customer makes a binding offer to FiAn Küchen GmbH to conclude a contract.
FiAn Küchen GmbH a binding offer to conclude a contract. FiAn Küchen GmbH is entitled to accept the order within 14 days from receipt of the customer’s written order. The customer’s order shall be deemed accepted only upon confirmation of the order by FiAn Küchen GmbH, whereby a contract shall come into existence. If the customer’s offer to conclude a contract is rejected by FiAn Küchen GmbH, FiAn Küchen GmbH will notify the customer within 14 days of receipt of the order form.
Subsequent requests for changes, in particular with regard to furniture and interior design goods already in progress, cut yard goods or wood cut to length, are
generally not accepted. If plans are provided by the customer or measurements are given, the customer is liable for their correctness, unless they are recognizable by FiAn Küchen GmbH as obviously incorrect. If an instruction from the customer proves to be incorrect, FiAn Küchen GmbH will notify the customer of this within a reasonable period of time and request appropriate instructions within a reasonable period of time. If the instruction is not given in time, the customer shall be liable for the costs incurred up to that time as well as for the consequences of the delay. Insofar as furnishings made of wood are delivered, it is to be taken into account that natural features such as knotholes, cracks or different shades of color do not reduce the value of the furnishings to a minor extent. Also customary minor deviations in color or pattern of room textiles or flooring are considered accepted
3. Terms of payment, interest on arrears
FiAn Küchen GmbH is entitled to demand a maximum of ½ of the gross invoice amount as a down payment. Unless otherwise agreed, the due date for the (remaining) contractual
the day of collection or delivery of the contractually agreed goods. As far as payment by bill of exchange, cheque, bank or customer cards is accepted, the claim of FiAn Küchen GmbH is only redeemed when these funds are cashed. Discount charges shall be borne by the customer. The customer may set off claims asserted against FiAn Küchen GmbH only against claims that have been established by a court of law or acknowledged in writing. Discount deductions require a separate written agreement. In case of default of payment, also with partial payments, any discount agreements shall become invalid. Payments by the customer are only considered to have been made when they are received in the business account of FiAn Küchen GmbH. For the timeliness of the fulfillment it is sufficient, if the customer is a consumer, if he gives the transfer order on the day the payment is due.
4. Contract withdrawal
In the event of default in acceptance (item 7) or failure to cooperate in the performance of the contract by the customer or other important reasons (e.g. opening of insolvency proceedings, provided that the continuation of the company after opening of insolvency proceedings is not jeopardized by the termination), FiAn Küchen GmbH shall be entitled to withdraw from the contract after setting a reasonable grace period. If the customer is in default of payment, FiAn Küchen GmbH shall be entitled to withhold outstanding deliveries and services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If payment in installments has been agreed with the customer, FiAn Küchen GmbH is entitled to withdraw from the contract in case of default with only one installment of 6 weeks, after having threatened to lose the deadline and after having set a reasonable grace period. A withdrawal from the contract can only be declared legally effective in writing by both contracting parties.
If the customer – without being entitled to do so – withdraws from the contract or requests its cancellation, FiAn Küchen GmbH has the choice to insist on the fulfillment of the contract or to agree to the cancellation of the contract.
agree to the cancellation of the contract. In the latter case, the customer is obligated to pay, at the option of FiAn Küchen GmbH, liquidated damages in the amount of 15% of the gross invoice amount or the actual damage incurred. It is expressly pointed out that the 14-day right of withdrawal regulated in § 3 Z 3 FAGG as well as in § 3 KSchG does not apply to contracts between FiAn Küchen GmbH and a customer, since an exhibition stand is also a business premises in the sense of § 3 Z 3 FAGG as well as § 3 KSchG.
If FiAn Küchen GmbH withdraws from the contract after setting a reasonable grace period due to default of acceptance or other important reasons that lie in the sphere of the customer, FiAn Küchen GmbH is entitled to demand a compensation from the customer.
FiAn Küchen GmbH shall be entitled to claim liquidated damages from the customer in the amount of 15% of the gross invoice amount. In the event of a withdrawal from the contract, FiAn Küchen GmbH is also entitled to demand the surrender of all planning documents, sketches, samples, catalogs, brochures, illustrations and other documents that it has made available to the customer during the
the current contract, insofar as these have not already been paid for separately by the customer.
In the event of non-fulfillment of the contract through the fault of FiAn Küchen GmbH or in the event of unjustified withdrawal from the contract by FiAn Küchen GmbH, the customer may, in addition to the reimbursement to which he is entitled of the purchase price payment already paid, including statutory interest in the amount of 4%, also demand from FiAn Küchen GmbH liquidated damages in the amount of 15% of the gross invoice amount or the damage actually incurred by him.
5. Price, bills
All prices quoted by FiAn Küchen GmbH are inclusive of VAT and other charges, unless otherwise expressly stated. The prices stated in the contract are based on the running meter prices and type price lists valid at the time of conclusion of the contract. If the period between the conclusion of the contract and its execution exceeds 12 months and if the delay in the fulfillment of the contract is only due to reasons for which the customer is responsible (failure to cooperate, etc.), FiAn Küchen GmbH is entitled to pass on any resulting price increases to the customer.
In return, however, FiAn Küchen GmbH is obliged to pass on any resulting price reduction to the customer. Corrections of invoices already issued by FiAn Küchen GmbH can be made with legal effect by FiAn Küchen GmbH only due to formal defects (e.g. wrong invoice recipient, invoice address).
6. Dunning and collection charges
In the event of default by FiAn Küchen GmbH, the contractual partner (customer) undertakes to reimburse FiAn Küchen GmbH for the dunning and collection expenses necessary for appropriate legal action. However, the customer is only obligated to reimburse a maximum of the remuneration of the collection agency involved, which results from the Collection Fees Ordinance (BGBl. Nr.
141/1996). If the creditor carries out the dunning process himself, the debtor undertakes to pay an amount of € 10.90 per reminder and an amount of € 3.63 per half-year for keeping the debt relationship on record in the dunning process.
7. Delivery, Transport, Default of Acceptance
The sales prices of FiAn Küchen GmbH do not include costs for delivery, assembly or installation. On request, however, these services will be provided or organized by FiAn Küchen GmbH against separate payment. In this case, the actual costs incurred for transport or delivery will be invoiced together with an appropriate overhead surcharge, but at least the freight and carriage charges for the selected type of transport that are valid and customary on the day of delivery. Assembly work shall be invoiced on a time basis, whereby a man-hour rate customary in the industry shall be deemed to have been agreed.
If the customer has not taken delivery of the goods as agreed (default of acceptance), FiAn Küchen GmbH is entitled, after setting a grace period, either to store the goods, for which a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof will be charged, or to store the goods at the customer’s expense and risk with an authorized tradesman. At the same time, FiAn Küchen GmbH is entitled either to insist on fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract, to dispose of the goods elsewhere, and to demand from the customer the liquidated damages regulated in item 4 in the amount of 15% of the gross invoice amount.
8. Delivery time
The delivery period is agreed individually or stated by FiAn Küchen GmbH upon acceptance of the order. The agreement of fixed dates requires the explicit designation as such and the written confirmation by the managing director of FiAn Küchen GmbH in order to be effective. If a fixed date has been effectively agreed upon, the delivery time starts with the beginning of the acceptance of the order by FiAn Küchen GmbH but not before clarification of all details of the execution of the order. The delivery period does not begin until the customer has fulfilled all his obligations that are necessary for the execution, in particular all technical and contractual details, preparatory work and preparatory measures have been fulfilled and the agreed down payment has been made. FiAn Küchen GmbH is entitled to exceed the agreed deadlines and delivery periods by up to 4 weeks. Only after expiration of this period, the customer may withdraw from the contract exclusively by setting a grace period of at least 14 days under written threat of refusal.
If FiAn Küchen GmbH is unable to meet binding delivery deadlines due to unforeseeable circumstances for which it is not responsible (e.g. import and export embargoes, strikes, energy shortages, lack of means of transport, etc.), FiAn Küchen GmbH will inform the customer of this immediately and provide the new estimated delivery deadline. In this case, the agreed delivery period will be extended appropriately. If it is foreseeable that the delay in delivery will last longer than 2 months, both parties are entitled to withdraw from the contract.
9. Place of performance
The place of performance is the place of installation of the kitchen / contractually owed service.
10. Warranty and liability
In case of defects of the goods handed over to the customer, the statutory warranty provisions apply.
FiAn Küchen GmbH is liable to the customer for damages due to the violation of contractual obligations, only in the case of intent or gross negligence. In case of slight negligence FiAn Küchen GmbH is only liable for personal injuries or for damages according to the product liability law. In addition, FiAn Küchen GmbH shall also be liable to consumers in the event of slight negligence in the event of damage to items handed over to it for processing. The provisions on damages contained in these terms and conditions or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
FiAn Küchen GmbH shall not be liable for material defects and damage caused by unsuitable or improper use, normal wear and tear or faulty or negligent handling, in particular if the care recommendations given by FiAn Küchen GmbH are not observed. FiAn Küchen GmbH expressly points out that direct exposure to water at the edge of the worktop, on the joints of the worktop connection and in the area of the worktop cut-outs can lead to damage to the kitchen equipment, in particular to swelling of the furniture. FiAn Küchen GmbH therefore expressly accepts no liability for any damage to worktops and cabinets caused in this way.
As far as FiAn Küchen GmbH takes over the planning and/or installation of a fitted kitchen, the customer is obliged to make sure about the type and course of supply lines, the load-bearing capacity of the walls as well as any special features (e.g. sloping walls) before starting the work. The customer has to inform FiAn Küchen GmbH about this without being asked before starting the work, otherwise – if inaccuracies in the customer’s information were not obviously recognizable for FiAn Küchen GmbH – no liability will be assumed for resulting damages.
11. Retention of title, copyrights
All goods are delivered by FiAn Küchen GmbH under reservation of title as well as extended reservation of title. The goods remain the property of FiAn Küchen GmbH until the purchase price and the associated costs and expenses have been paid in full. In case of return of goods FiAn Küchen GmbH is entitled to charge accrued transport and manipulation expenses. In the event of access by third parties to goods subject to retention of title, in particular by way of seizure, the customer undertakes to draw attention to the ownership of FiAn Küchen GmbH and to notify FiAn Küchen GmbH without delay. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from FiAn Küchen GmbH, he may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. Plans, sketches or other technical documents, as well as samples, catalogs, brochures and illustrations and the like, shall always remain the intellectual property of FiAn Küchen GmbH; the customer shall not receive any rights to use or exploit them whatsoever.
12. Assignments of receivables
In the case of deliveries subject to retention of title, the customer hereby assigns to FiAn Küchen GmbH his claims against third parties, insofar as these arise from the sale or processing of the goods, until final payment of FiAn Küchen GmbH’s claim. goods, until final payment of FiAn Küchen GmbH’s claim. Upon request, the customer shall inform FiAn Küchen GmbH of his buyers and inform them in due time of the and to notify them of the assignment in due time. The assignment must be entered in the business books, in particular in the open item lists, and must be made clear to the customer on delivery bills, invoices, etc. The customer must also inform FiAn Küchen GmbH of the assignment. to be made apparent to the customer. If the customer is in arrears with his payments to FiAn Küchen GmbH, the sales proceeds received by him are to be segregated and the customer shall hold these only in the name of FiAn Küchen GmbH.
13. Choice of Law Venue Vienna
For all present and future claims arising from the business relationship between FiAn Küchen GmbH and entrepreneurs, the court with subject-matter jurisdiction in Vienna shall have jurisdiction. If the client is a consumer, the competent court according to the statutory provisions shall have jurisdiction. Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is domiciled.
14. Data protection, change of address
FiAn Küchen GmbH will store or process the personal data received from the customer solely for the purpose of fulfilling this contract in an automation-protected manner and is also entitled to do so within the scope of fulfilling the contract in accordance with § 8 para. 3 no. 4 DSG. As long as the legal transaction subject to the contract has not been completely fulfilled by both parties, the customer undertakes to inform FiAn Küchen GmbH of any changes to his residential or business address. If the notification is omitted, declarations shall be deemed received even if they are sent to the customer’s last known address.