Valid from 1st October 2016
Provider: mafi Naturholzboden GmbH (referred to in the following as “Provider”)
Company registered by the Salzburg Commercial Court with registration number FN 116654a.
Adress: Utzweihstraße 21-25, 5212 Schneegattern
Telephone: +43 (0)7746 2711
Fax: +43 (0)7746 3747
We inform that the currently valid version of the General Terms and Conditions of mafi Naturholzboden GmbH is also available on the corporate homepage. The given General Terms and Conditions can also be printed out using general browser functions (Menu “File” – Command “Print”) or copied on any storage device (Menu – “File” – Command “Save”) at any time. Every Purchaser is expressively invited to inspect and copy these General Terms and Conditions.
The Provider, mafi Naturholzboden GmbH, Company ID Number 21622402, Utzweihstraße 21-25, 5212 Schneegattern, sells the goods offered under the conditions set out below.
1. Scope of application
All deliveries, services and offers of the Company are exclusively provided according to these General Terms and Conditions. The Provider does not acknowledge any other Customer provisions being contradictory to or differing from these General Terms and Conditions – unless otherwise agreed by the former.
The performance of contractual obligations on the part of the Provider shall not be deemed as binding approval of the provisions differing from the present General Terms and Conditions. Furthermore they shall also apply as general agreement to further business transactions between the parties.
2. Conclusion of the contract
Offers to join in contract require an order confirmation. The Customer shall be bound by this offer for a reasonable period but in any case not less than 4 weeks from receipt of the offer. In case there is no order confirmation by this time, the Customer shall be entitled to withdraw from the order after granting a period of grace for order confirmation.
3. Right of withdrawal of the consumer
3.1. If the Customer is a Consumer as defined by the Austrian Consumer Protection Law (KSchG), he/she can withdraw from a distance sales contract within 7 working days (§ 5e KschG) -as long as no special provisions apply.
3.2. The withdrawal period is 7 working days, whereby Saturday is not deemed a working day. In the case of contracts governing deliveries of goods, this period begins from the day of receipt by the Consumer (Customer). He/She shall have to send a notice of withdrawal within this period of time.
3.3. The right of withdrawal does not apply to contracts concerning the following goods:
(a) goods manufactured according to Customer requirements, (b) goods clearly tailored to meet personal needs, (c) goods unsuited for return due to their nature, and (d) goods easily perishable or past their expiration date (§ 5f Par 1 Z 3 KSchG).
3.4. If the Consumer (Customer) withdraws from the contract, Provider and Consumer must concurrently do the following:
• The Provider must refund the payment as well as reimburse all incidental and beneficial expenses to the Consumer (Customer).
• The Consumer (Customer) must return the goods received and pay to the Provider appropriate compensation for their use as well as an indemnification for the general reduction in value of the goods.
The Consumer shall bear direct return shipping costs.
4. Product Range
All the information and technical specifications of the goods are based on production data sheets and price-lists and are binding for the offers of mafi Naturholzboden Online Shop. This does not include changes in design and technology -which improve the functioning of an item -errors in specifications, illustrations or prices.
5.1. If nothing otherwise is expressly agreed, all given prices are exclusive of value-added tax. In the event of changes in labour costs resulting from collective bargaining agreements within the sector or corporate work agreements as well as in case of changes in other cost centres relevant for the calculation or necessary for the service provision – i.e. costs of materials, energy, transport, subcontracted works, financing, etc. – the Provider has the right to increase or decrease the price accordingly. Point 5 Par 1 of these General Terms and Conditions shall not apply to Consumer transactions.
5.2. All prices shall be deemed in the stated currency and refer to packaged goods, supplied ex-warehouse. Transport and packaging costs are subject to change.
6. Terms of payment
6.1. Payments shall be made after invoicing in accordance with the terms of payment set out by the Purchaser. Investment partners without a password will be only supplied in terms of COD. The Purchaser can offset counterclaims against mafi Naturholzboden GmbH only through acknowledged and legally established claims. The same applies to the right of retention.
6.2. In case of default of payment on the part of the Customer, the Provider is entitled to choose either compensation for the damages actually incurred or to demand default interests at the applicable base interest rate. Default interests for the Consumer amount to 4 % p.a. and for entrepreneurs 9.2 % p.a. above the applicable base interest rate.
6.3. In case of default of payment, the Provider is entitled to charge compound interest as of the day the goods were received.
6.4. If not otherwise agreed, mafi is entitled to require a first instalment of 50 % of the actual price within 8 days from the receipt of the confirmation order. Deadlines for deliveries and services start running from the date of payment receipt.
Invoices shall be due for payment within 8 days from the date of the invoice.
In the event that mafi is informed that the Customer is experiencing circumstances which could endanger the recoverability of the respective liability, i.e., pressing creditors, impounding procedures of third parties, suspension of payments, insolvency proceedings, incorrect information about his/her creditworthiness, etc., mafi is entitled to require advance payment before any delivery/service regardless of the conclusion of the contract. If the advance payment is not submitted within the specified time limit, mafi is entitled to withdraw from the contract with immediate effect and to claim.
7. Reminder fees and collection charges
In case of default of payment, the Customer is obliged to reimburse the Provider the occurred reminder fees and collection charges as far as they are inevitable to assert legal rights. At all events, companies are charged a lump sum of 40 € for operating costs in accordance with section § 458 of the Austrian Enterprise Code (UGB). The assertion of further rights remains unaffected hereby.
8. Delivery, transport, default of acceptance
8.1. Selling prices do not include costs for delivery, assembly or installation. If required, however, these services can be performed or organized by the Provider against separate payment. In this case transport and delivery shall be invoiced at cost plus a reasonable surcharge for overhead expenses which shall, however, be no less than the normal freight and carriage charges for the chosen means of transport, or those applying on the day of delivery. Assembly work will be charged at an hourly rate whereby the usual labour/hour rate for the appropriate sector applies.
8.2. In the event that the Customer does not accept the goods (default of acceptance) the Provider shall, after failure to meet the period of grace, have the right either to store the goods on own premises and charge a storage fee of 0.1 % of the gross invoice per calendar day or store the goods at cost and risk of the Customer in an authorized external storage business. At the same time the Provider shall be entitled to insist either on the performance of the contract or, after having set a reasonable period of grace of 2 weeks, to rescind the contract and use the goods elsewhere.
8.3. Offers have to be deemed valid for B2B transaction in the following countries: AT, AU, BE, CH, CZ, DE, ES, GB, HK, ID, IN, IT, JP, KR, LU, PL, TR, UA, US as well as for B2C transaction in AT, DE, IT, BE, FR, GR, GB, IR, LU, NL, PL, PT, ES, CZ and CY. Products can only be delivered to an invoice address in one of the above mentioned countries. Other countries can place an order per e-mail, which is forwarded to a partner company. In this case the partner company transmits the confirmation of order and the contract with the Customer is concluded directly between the partner company and the Customer.
9. Terms of delivery
9.1. As long as goods are in stock, the products will be immediately supplied to the address indicated by the Customer. At all events, the written confirmation of order shall include an expected delivery date.
9.2. Delivery of goods is made (from the loading ramp) at cost and risk of the Customer including when partial deliveries are made.
9.3 The Provider is entitled to extend the scheduled deadline by up to 1 week. After the expiry of this period, the Customer shall have the right to withdraw from the contract after setting an appropriate period of grace.
9.4. In case of default in delivery on the part of the Provider for reasons which are exclusively the responsibility of the upstream supplier, the Provider shall not be liable for any damages caused by delay.
9.5. Claims in case of transport damage shall only be settled in case of externally visible damage of the goods ordered and only against a confirmation of the carrier. Large parcels and deliveries over 30 kg are shipped by forwarding agents.
9.6. Unless the business transaction was completed with a Consumer, slight changes or other changes to service and delivery obligations, which are reasonable for the Customer, shall be considered as approved beforehand. This applies in particular to production-related deviations of goods (i.e., measure, colours, structure, etc.).
10. Compensation for damages
10.1. All claims for compensation shall be excluded in case of minor negligence. This shall not apply to personal injuries or, in case of a transaction with a Consumer, to damages to the goods taken over for further processing.
10.2. Unless the transaction was completed with a Consumer, the minor or gross negligence has to be proven by the injured party. Insofar it is not a Consumer transaction the period of limitation for damage claims is 3 years from risk transfer. The provisions regarding the compensation for damages as stated in these General Terms and Conditions, or otherwise agreed on, shall also be applied if the claim for damages is asserted in addition to or instead of a warranty claim. If the transaction does not involve a Consumer, the assertion of claims for damages related to any form of delay (in case of order cancellation, non-performance loss, default delivery, damages due to delay) shall be expressively excluded.
11. Retention of title
All goods are delivered by the Provider with retention of title remaining the property of the former up to full payment. In the assertion of the retention title, a withdrawal from the contract is involved only if expressively declared. In case of goods being returned, the Provider is entitled to charge any transportation and handling expenses. In the event that third parties lay any claims on the goods subject to retention of title – in particular in case of garnishment -the Customer shall point out that the goods seized are property of the Provider and shall inform the latter immediately. If the Customer is a Consumer or not a Company whose regular business activities include the trading of the goods purchased from the Provider, the Customer is not authorized to use the goods under retention of title, in particular selling, pawning, giving away, or loaning of the goods is not allowed. The Customer shall carry the whole risk for the goods under reservation of title, in particular for destruction, loss or deterioration.
12.1. In the event of goods delivered with retention of title, the Customer shall immediately assign his/her claims against third parties to the Provider, as long as these claims arise from the sale or processing of the goods delivered. This applies until full and final settlement of all claims against the Provider. The Customer is obliged to name his/her own final buyers on request and to inform the latter about the assignments. The assignments shall be entered in the books, in particular in the open outstanding postings, and be clear to the final buyer on every delivery note, invoice, etc. If the Customer falls with his/her payment into arrears against the Provider, his/her sales revenues shall be kept separately and the Customer shall hold them only on the behalf of the Provider. Claims against any insurer shall be assigned to the Provider to the extent and limits defined by § 15 of the Austrian Insurance Contract Law (Versicherungsvetragsgesetz).
12.2 Claims against the Provider cannot be assigned to others if not expressively agreed.
13. Right of withdrawal of the Provider/Unjustified withdrawal of the Customer
13.1. In case of default of acceptance (see point 8.) or other major reasons, such as default payment on the part of the Customer, the Provider shall be entitled to rescind the contract, insofar that it has not yet been fully fulfilled by both contracting parties. In the event that the withdrawal of the Provider is attributable to shortcomings of the Customer, the Provider is entitled to claim compensation for damages of 25 % of the gross invoice amount or compensation for the actually incurred damages. In case of default payment on the part of the Customer, the Provider is discharged from further contractual and delivery obligations and is entitled to withhold outstanding deliveries or ongoing performances and to claim advance payment or deposit. After a reasonable period of grace, the Provider is entitled to withdraw from the contract.
13.2. If the Customer withdraws from the contract without being entitled to do so or if he/she demands its cancellation, the Provider shall be entitled either to insist on the fulfilment of the contract or to approve the rescission. In the latter case, the Customer is obliged, at the discretion of the Provider, to pay compensation for damages of 25 % of the gross invoice amount or compensation for the damages actually incurred.
14. Warranty and liability
14.1. If the transaction was not completed with a Consumer, the Customer shall be immediately obliged to control the goods delivered with regard to quality and quantities and to notify the Provider of any damages to the packaging or contents, or reduced quantities after delivery (within 12 hours). If the Customer fails to do so, all warranty claims will become void. The Customer can not lay any claims in case of minor or production-related changes in construction, form, wood colour and/or dimensions.
14.2. If the transaction was not completed with a Consumer, the Customer shall be obliged to examine the functionality and possible defects of the goods delivered. Any defects must be notified to the Provider within 5 working days from delivery day or detection of the defect. If the Customer fails to issue the notice of defects on time, all warranty claims as well as any compensation for defects will become void.
14.3. All products offered shall be replaced or repaired free of charge provided that the Customer notified the Provider of any defects in writing and in due time. If the repair fails, if it is not possible to provide a replacement, or the replacement is delayed for a longer period than considered a reasonable time (at least 14 days) for reasons the Provider is accountable for, the Customer is entitled to demand a reduction on purchase price or a modification of the contract. Warranty shall not apply if the Customer makes any changes or repairs on the good without the prior written approval of the Provider.
The Provider disclaims any liability for monetary losses or damages on the part of the Customer. This applies to direct or indirect damages, which may result as a consequence of improper use or natural wear and tear. Other damages which did not incur to the delivered item itself are also excluded. If the Provider shall be liable for any monetary losses or damages discovered on the item, the liability shall be limited to the purchase price paid by the Customer for the item. Liabilities for any other consequences shall be excluded unless the Provider acts with intent or gross negligence.
15. Data protection, change of address and copyright
15.1. The Customer agrees that the personal data disclosed in the sales agreement shall
be automatically saved and processed for the fulfilment of the contract.
15.2. The Customer shall be obliged to notify the Provider of any changes in his/her address and/or company address as long as the contractual obligations of the legal transaction have not been mutually fulfilled. In the event that this notification is not given, all correspondence shall be deemed delivered even if sent to the last notified address.
15.3. Drawings, sketches and other technical documents as well as samples, catalogues, brochures, diagrams and similar material shall remain the intellectual property of the Provider; the Customer has no licenses or intellectual property rights of any kind.
16. Right of retention
Unless the business transaction was completed with a Consumer, the Customer shall not have the right to retain the total amount of the invoice, rather only a reasonable part of the gross invoice in case of a justified complaint. This does not apply in the case of cancellation of orders.
17. Place of performance, contract language, applicable law, jurisdiction
17.1. Place of performance is the registered office of the Provider.
17.2. Language of contract shall be German
17.3. The contracting parties agree upon the validity of Austrian domestic jurisdiction. Unless the business transaction was completed with a Consumer, all disputes arising from this contract shall belong to the sole jurisdiction of the competent Court according to the location of the Provider.
17.4. With the exception of reference norms referring to international private law and the UN convention of contracts for the international sale of goods, Austrian law shall be applied to this contract.
18. Partial invalidity
If any provision of this contract shall be held entirely or partly unenforceable, invalid and/or void or become so during the validity of this contract, the other provisions of this contract shall not be affected. In this case the contracting parties shall be obliged to replace the unenforceable, invalid and/or void provision (or becoming unenforceable, invalid and/or void) with another enforceable and valid provision, which has the same economic purposes as the previous one as far as it is permitted by law.
19. Final provisions
19.1. All binding declarations related to this contract shall be notified in writing to the contracting party and sent to his/her most recent address. Any declaration sent to the latest address shall be deemed received by the contracting party.
19.2. The designation of the various titles of chapters of this contract is for the sole purpose of clarity and shall not be used for the interpretation of this contract.
20.3. The assignments of the rights and obligations deriving from these General Terms and Conditions shall be expressively agreed upon in writing by the contracting party.
19.4. If any provision of these General Terms and Conditions shall be or become invalid, the legal validity of the other provisions shall remain unaffected. The contracting parties shall be obliged to replace the invalid provision with another one, which is as close as possible to the ineffective one. The Provider reserves the right to modify these General Terms and Conditions at any time.
20. Austrian Telecommunication Law
In compliance with § 107 of the Austrian Telecommunication Law (TKG), the Customer hereby agrees to receive messages, for advertising purposes, from the Provider or from a Company awarded by the Provider. The Customer is entitled to revoke his/her consent at any time. The currently valid version of the General Terms and Conditions are available here.