GENERAL TERMS AND CONDITIONS with customer information (distance and outward transactions) Status: October 2018



1. General


1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between the works orderer, purchaser or customer (hereinafter referred to as "Customer") and us [LUKAS KLINGSBICHEL studio for design; Moserhofgasse 7a, 8010 Graz, Austria; Tel: +436702055334; Email: objects@klingsbichel.com] (hereinafter "Supplier") regarding our goods and / or

Services, in particular sales contracts, work contracts or other commissioned services (commissioning, assembly, etc.) are concluded. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise. If the supplier is in a long-term business relationship with the customer, these terms and conditions also apply if their validity is not particularly pointed out. The terms and conditions also apply to follow-up orders, even if they are not agreed separately orally or in writing.

1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.

1.3 Employees of our company are prohibited from making deviating commitments from these terms. Verbal agreements only become effective if they are confirmed in writing by the supplier.

2) Contracting at a distance


2.1 The written product descriptions and order sheets of the supplier do not constitute binding offers, but serve to make a binding offer by the customer.

2.2 The contract is concluded when the customer has submitted the written order template; the order form; signed by the supplier.

2.3 The supplier may accept the offer of the customer within five days,

· By delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or

· By asking the customer to pay after submitting his order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the supplier does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

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

2.5 Order processing and contact usually take place via e-mail. The customer must ensure that the contact details provided by him for the order processing are correct, so that at this address the emails sent by the supplier can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the supplier or by third parties commissioned with the order processing can be delivered.

3) Contracting outside of distance selling / cost estimates / general contract conclusion


3.1 Verbal messages from the supplier - also on request of the customer - are non-binding, even if they include prices, dates and other technical specifications.

3.2 The contract is concluded when the customer signs the written order template of the supplier.

3.3 Insignificant, reasonable deviations in the dimensions and designs (color and structure) which do not limit the technical functionality, especially for repeat orders, are reserved - regardless of the type of contract conclusion, as far as these are in the nature of the materials used and are common. In particular, material-related changes, such as dimensions, colors, wood and veneer appearance, grain and structure, etc. are deemed to be objectively justified.

4) Right of revocation


4.1 Consumers resident in the EU are entitled to a right of withdrawal for contracts if


1. the contract is concluded with simultaneous physical presence of the entrepreneur and the consumer in a place which is not a business premises of the entrepreneur,

2. for which the consumer made an offer under the circumstances specified in Z. 2,

3. concluded at the 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 in the physical presence of the trader or his agent and the consumer, or

4. concluded on an outing organized by an entrepreneur or his agent with the intention or result of having the entrepreneur advertise or advertise to the consumer for the sale of goods or the provision of services and corresponding contracts with completes 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 distance selling distribution or service system, using only distance communication means up to and including the conclusion of the contract;

6. the consumer has not made his contractual declaration in the premises permanently used by the entrepreneur for his business purposes or in a stand used by him for this purpose at a trade fair or a market, or the entrepreneur or a third party cooperating with him in the context of an advertising campaign, a trip or similar event, or has brought by personal, individual response on the street in the spaces used by the entrepreneur for his business purposes and the contract does not fall under Z. 1. - 5..


The right of withdrawal after Z.6. the consumer is NOT entitled to



a. if he himself has initiated the business connection with the entrepreneur or his representative for the purpose of closing this contract (eg in the course of a trade fair visit),

b. if the conclusion of the contract has not been preceded by discussions between the parties or their agents or

c. in the case of contracts where mutual benefits are to be provided immediately, if they are normally concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the company is not operated on a permanent basis and the fee does not exceed 50 euros

d. in the case of contractual declarations made by the consumer in the absence of the employer, unless he has been forced to do so by the trader.

The consumer has no right of withdrawal for distance or off-premises contracts acc. Z. 1. - 5. over

a. Services if the entrepreneur - on the basis of an express request of the consumer and a confirmation from the consumer of his knowledge of the loss of the right of withdrawal upon full performance of the contract - had started the service before the expiry of the withdrawal period and the service was then provided in full,

b. Goods made to customer specifications or clearly tailored to personal needs.

The consumer also has no right of withdrawal for contracts that are concluded outside of business premises (Z. 1.- 4.) and in which the charge to be paid by the consumer does not exceed the amount of 50 euros.

4.2 Further exceptions and further information on the right of withdrawal arise from our revocation instruction.


5)

Cancellation

Withdrawal




5.1 If you are entitled to the right of revocation according to paragraph 4, paragraph 1, lines 1. - 6., you have the option within 14 days without giving reasons to revoke this contract.

5.2 The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

5.3 In order to exercise your right of withdrawal, you must contact us [LUKAS KLINGSBICHEL studio for design; Moserhofgasse 7a, 8010 Graz, Austria; Tel: +436702055334; Email: objects@klingsbichel.com] by means of a clear statement (eg a letter sent by post, or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation.

5.4 In order to safeguard the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.



Consequences of the cancellation



5.5 If you withdraw from this Agreement, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different type of delivery than the most favorable standard delivery we offer have chosen to repay immediately and at the latest within fourteen days from the date on which we received the notice of your cancellation of this contract. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.

5.6 We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

5.7 You have forwarded the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract [LUKAS KLINGSBICHEL studio for design; Moserhofgasse 7a, 8010 Graz, Austria; Tel: +436702055334; Email: objects@klingsbichel.com ] to return or hand over.

The deadline is met if you send the goods before the deadline of fourteen days.

5.8 You bear the immediate costs of returning the goods.

5.9 You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.


6) Prices and terms of payment


6.1 Unless otherwise stated in our product description, the indicated prices are total prices, which include the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

6.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases which we are not responsible for and which are to be borne by the customer.These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even 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.

6.3 The customer has different payment options available for orders at a distance.

6.4 If advance payment has been agreed, the payment is due immediately upon conclusion of the contract.

6.5 If the consumer is granted the payment method Invoice Purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 8 (eight) days of receipt of the invoice without deductions, unless otherwise agreed. The supplier reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the supplier will inform the customer about a corresponding payment restriction.

6.6 In the event of default, the customer undertakes to replace the dunning and collection charges necessary for appropriate legal prosecution, insofar as these are in a reasonable proportion to the debt claims and pay default interest of 9% pa. The statutory default interest for entrepreneurs remain unaffected.

6.7 If the customer does not comply with his payments, he stops his payments or if his bankruptcy or compensation is opened over his assets, the entire remaining debt will be due.

In the case of consumer transactions, this only applies if the supplier has already provided his own services, at least a backward performance of the customer has been due for at least six weeks and the supplier has warned the customer unsuccessfully under threat of loss of time and setting a grace period of at least two weeks.

7) Delivery and shipping conditions


7.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the supplier is decisive.

7.2 If the transport company sends the goods back to the supplier, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, 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 gave him the performance had announced a reasonable time in advance.

7.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the supplier has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only with the transfer of the goods to the customer or a person entitled to receive. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold to consumers also passes to the customer as soon as the supplier has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has instructed the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment to carry out the work and the Supplier has not previously designated this person or institution to the Customer.

7.4 In the event of pickup, 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 after consultation with the supplier at the supplier's location. In this case, no shipping costs will be charged.

8) Retention of title


8.1 The supplier reserves the right of ownership of the delivered goods to consumers until full payment of the purchase price due.

8.2 The supplier reserves the right of ownership of the delivered goods to entrepreneurs until the complete settlement of all claims arising from an ongoing business relationship.

8.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties, the customer in the amount of the respective invoice value (including sales tax) in advance from the supplier. This assignment applies regardless of whether the reserved goods have been resold without or after processing.The customer remains authorized to collect the claims even after the assignment. The authority of the supplier to collect the claims itself remains unaffected. However, the supplier will not collect the receivables as long as the customer meets his payment obligations to the supplier, does not default on payment and has not filed for insolvency proceedings.

9) Warranty


In the case of defects, the provisions of the statutory warranty apply. Deviating from this:

9.1 For entrepreneurs

a. in principle, an insignificant defect justifies no warranty claims;

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

c. the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.

9.2 If the customer acts as a consumer, he / she is requested to reclaim delivered goods with obvious transport damage to the deliverer and to inform the supplier thereof. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.

9.3 The customer is cautioned that, in turn, it may be necessary to perform maintenance work, in particular cleaning surfaces and keeping movable parts away by appropriate means. This work is not part of the scope of the contract, unless otherwise expressly agreed. Failure to perform maintenance may affect the service life and functionality of the components without incurring warranty claims against the contractor.

9.4 Lack of maintenance or preservation by the customer leads to the elimination of the warranty claims.

10) Liability


The supplier shall be liable to the customer for all contractual, contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

10.1. The supplier is fully liable for any legal reason

· In case of intent or gross negligence,

· In case of intentional or negligent injury to life, body or health.

10.2. If the supplier negligently breaches a material contractual obligation, the liability is limited to the contractually typical, foreseeable damage, unless liability is unlimited in accordance with the preceding clause.

10.3. Incidentally, a liability of the supplier is excluded.

10.4. If the customer provides plans or measures, he is liable for their accuracy, unless their inaccuracy is obvious or unless natural dimensions have been agreed. If a plan, measurement or instruction of the customer proves to be incorrect, the supplier must inform the customer immediately and request him to do so within a reasonable period of time. The costs incurred until then meet the customer. If the instruction is not received within a reasonable period of time, the customer will be liable for the consequences of the delay.

11) Indemnification for infringement of third-party rights


11.1 If the supplier, in addition to the delivery of goods, also commits the processing of the goods according to the customer's specifications, the customer must ensure that the content provided to the supplier by him for the purpose of processing does not infringe the rights of third parties (eg copyrights or trademark rights). The customer indemnifies the supplier from claims of third parties which they may assert against the supplier in connection with a violation of their rights by the contractual use of the contents of the customer by the supplier. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obligated to immediately, truthfully and completely provide the supplier, in case of claims by third parties, with all information required for the examination of the claims and a defense.

12) Obligation to cooperate


12.1 Required permits from third parties, notifications to authorities, obtaining of permits must be arranged by the customer (client) in due time and on his own responsibility as well as at his expense. Furthermore, the customer has to check whether the goods to be delivered or the service to be performed complies with the respectively applicable legal provisions.

12.2 In the absence of such verification or the obtaining of required authorizations by the Customer, the Supplier shall not be liable for the resulting damages or delays in execution and is further entitled to the additional expenses and costs arising from the delay caused by the Customer to demand this. If the customer is a consumer, the applicability of the provision of § 1168a ABGB remains unaffected.

13) Applicable law / jurisdiction


All legal relationships of the parties shall be governed by the law of the Republic of Austria to the exclusion of the UN Sales Convention. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his domicile.

If the customer is an entrepreneur within the meaning of Section 1.2, then the place of jurisdiction of the supplier shall be the exclusive place of jurisdiction. For both the entrepreneur's actions against the consumer and the consumer's claims against the trader, the place of jurisdiction is the domicile of the consumer if the consumer is domiciled in the EU but not in Austria. If the consumer is domiciled or habitually resident in Austria, he may only be sued in the court in whose district the place of residence or habitual residence is; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction exists by law.

14) Data protection agreement on order processing according to Art. 28 DSGVO

14.1 Subject of the agreement


(1) The subject of this contract is the execution of the following tasks: communication and processing concerning payment transactions, handling of mailing, sending of product and service information

This Agreement is to be understood as an addition to this Agreement.

(2) The following data categories are processed: name, home address, e-mail address, signature

(3) The following categories of data subjects are subject to processing: general manager, packaging staff, transporter

14.2 Duration of the agreement


The agreement is concluded for an indefinite period and can be terminated by both parties with a notice period of 1 month from notification to the contracting party. The possibility of extraordinary termination for good cause remains unaffected.

14.3 Obligations of the contractor


(1) The contractor undertakes to process data and processing results exclusively within the scope of the client's written orders. If the contractor receives an official order to publish data of the client, he must - insofar as legally permissible - inform the client immediately and refer the authority to the latter. Similarly, processing the data for the contractor's own purposes requires a written order.

(2) The contractor declares legally binding that he has obligated all persons commissioned with the data processing to confidentiality prior to commencing the activity or that they are subject to an appropriate statutory confidentiality obligation. In particular, the obligation of confidentiality of persons commissioned with data processing also remains valid after the termination of their duties and their departure from the contractor.

(3) The contractor hereby declares that he has taken all necessary measures to ensure the safety of the processing under Art. 32 DSGVO (details can be found in Appendix ./1).

(4) The contractor shall take the technical and organizational measures to ensure that the client at all times meets the rights of the data subject in accordance with Chapter III of the GDPR (information, information, correction and deletion, data portability, objection and automated decision-making in individual cases) within the statutory periods can and gives the client all necessary information. If a request is made to the Contractor and if the latter lets him know that the Applicant mistakenly considers him to be the Principal of the data processing operation he is carrying out, the Contractor must immediately forward the request to the Client and notify the Applicant.

(5) The contractor shall assist the contracting authority in complying with the obligations set out in Articles 32 to 36 of the GDPR (data security measures, notification of personal data breaches to the supervisory authority, notification of the person concerned by an infringement of the protection of personal data, data protection impact assessment , prior consultation).

(6) The contractor is advised that he has to set up a processing list according to Art. 30 DSGVO for the present order processing.

(7) The Client shall be granted the right to inspect and control at any time, including by third parties commissioned by him, with regard to the processing of the data provided by him. The Contractor undertakes to provide the Client with the information necessary to control compliance with the obligations set out in this Agreement.

(8) After termination of this agreement, the contractor is obliged to hand over / destroy on his behalf all processing results and documents containing data [1] . If the contractor processes the data in a special technical format, it is obliged to provide the data after termination of this agreement either in this format or at the request of the client in the format in which he received the data from the client or in another, common Format issue.

(9) The contractor must inform the client immediately if he believes that an instruction of the client violates data protection regulations of the Union or the member states.

14.4 Place of execution of the data processing

Data processing activities are also carried out, at least in part, outside the EU or EEA, in SWITZERLAND . The adequate level of data protection results from [2]

· An adequacy decision of the European Commission under Art. 45 DSGVO.

· An exception for the specific case under Art. 49 (1) GDPR.

· Binding internal data protection regulations pursuant to Art. 47 in conjunction with Art. 46 para. 2 lit. b DSGVO.

· Standard data protection clauses according to Art. 46 para 2 lit c and d DSGVO.

· Approved codes of conduct pursuant to Art. 46 para. 2 lit e in conjunction with Art. 40 DSGVO.

· An approved certification mechanism according to Art. 46 para. 2 lit. F in conjunction with Art. 42 DSGVO.

· Contractual clauses approved by the DPA pursuant to Art. 46 (3) (a) GDPR.

· An exception for the individual case pursuant to Art. 49 (1), second subparagraph, DSGVO.


14.5 Sub-processor


The contractor is not entitled to use a sub-processor.

Intended changes of the Sub-Contractor shall be notified in writing to the Client in good time so that he can at best prohibit this. The contractor concludes the necessary agreements with the sub-processor within the meaning of Art. 28 (4) GDPR. In doing so, it must be ensured that the subcontractor undertakes the same obligations as the contractor under this agreement. If the sub-processor does not comply with its data protection obligations, the contractor is liable to the client for compliance with the obligations of the sub-processor.

15. Applicable law

The Agreement and all mutual rights and duties resulting therefrom as well as any claims between the Agency and the Customer shall be subject to Austrian substantive law, and its conflicts of laws rules and UN Sales Law shall be excluded.

16. Place of performance and place of jurisdiction
16.1

The place of performance shall be the registered office of the Supplier. In the case that goods are shipped the risk shall pass to the Customer once the Agency has delivered the goods to the carrier chosen by it.

16.2

The agreed place of jurisdiction for all legal disputes arising between the Supplier and Customer in connection with this contractual relationship shall be the court having jurisdiction over the subject-matter and the Supplier's registered office. Notwithstanding the foregoing the Supplier shall be entitled to sue the Customer at his general place of jurisdiction.

16.3

If only the masculine form is used herein for describing natural persons it shall equally refer to women and men. If a specific person is referred to, the respective gender-specific form shall be used.

17. Final regulations
17. 2 

Should single parts of these general terms and conditions be invalid, this does not touch the validity of the remaining regulations.







LUKAS KLINGSBICHEL | studio for design

Moserhofgasse 7a | A-8010 Graz | austria

T +43 670 | 20 55 33 4

office@klingsbichel.com

www.klingsbichel.com



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CONTACT





+436702055334


Moserhofgasse 7a
A-8010 Graz
Austria





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