GTC

General terms and conditions
Parkett-AGENTUR GmbH

1. Imprint

Parkett-AGENTUR GmbH
Boden-Niederlög 4
6105 Leutasch
Austria

Customer service, data information and complains at:
info@parkett-agentur.at
Monday to Friday 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 6:00 p.m.
Telephone: +43 (0) 59 6814 - 0
Fax: +43 (0) 59 6814 - 99

Media owner, editor, publisher: Parkett-AGENTUR GmbH
Managing Director: Christian Neuner (adress is company address above)
Legal form: Limited liability company
Registered office: Leutasch
Company register nummer: FN 368358d
Commercial register cour: Innsbruck regional court
UID: ATU66692037
Supervisory Authority: District authority Innsbruck Land
Object of business: trade in floor coverings, trade in furniture
Place of performance for business transactions: Leutasch
Member of the WKO professional group: specialised trade in furnishings
Legal regulations: Trade regulations (www.ris.bka.gv.at)

2. General & Conclusion of Contract 

The following General Terms and Conditions apply to the sale and delivery of goods by Parkett-AGENTUR GmbH, hereinafter referred to as Parkett-AGENTUR. Deviating conditions are only valid with written agreement with Parkett-AGENTUR.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By ordering the desired goods by filling in and sending the online form on the Internet, by e-mail, by fax, by telephone or by post, the customer makes a binding offer to conclude a purchase contract. The offer is binding as soon as it has passed the respective interface to the Parkett AGENTUR. The Parkett AGENTUR is not obliged to accept the customer's offer.

Confirmation of receipt of the customer's order does not constitute acceptance of the customer's offer.

The Parkett AGENTUR is entitled to accept this offer within a period of 5 calendar days by sending an order confirmation or by sending the ordered goods. The order confirmation shall be sent by e-mail. After fruitless expiry of the deadline, the offer shall be deemed to have been rejected. A description regarding the purchase in our shop can be found under Help / FAQ.

Should the order confirmation or any other legally binding declaration by Parkett-AGENTUR contain typographical or printing errors or should the price determination be based on transmission errors, Parkett-AGENTUR is entitled to contest the declaration due to error, whereby Parkett-AGENTUR bears the burden of proof regarding the error. In this case, any payments received will be refunded immediately.

3. Price and shipping costs

3.1 The prices are in Euro at the time of the order and include the statutory value added tax. Any currency risk shall be borne by the buyer. The recommended retail prices (RRP) listed refer to the recommended retail prices of the respective manufacturer or wholesaler valid for Austria. The valid official retail sales price lists serve as a basis. Discounts shown refer in each case to the quantity-dependent best price.

3.2 The prices are shown in the shopping basket before conclusion of the contract and thereafter in the order confirmation sent to the buyer. In addition, we charge shipping costs for the delivery. These are clearly communicated in the special menu item and in the shopping basket system. Sales to customers outside the EU are not subject to VAT, but they must pay the respective national import duties. For further information, please contact the competent national authority. In the case of sales to entrepreneurs within the EU (outside of Austria), no Austrian VAT is due upon proof of the UID, but they must pay the VAT in their home country.

3.3 The prices shown on www.parkett-agentur.at at the time of the order are binding. The prices shall be invoiced in euros.

4. Order

Registration as a "new customer" is required for first-time orders. An order can only be placed after the customer data have been entered in full. For further orders, it is sufficient to enter the login and password specified by the customer when registering for the first time. A description of the purchase process can be found under the menu item Help / FAQ.

5. Contact language

The content of the contract, all other information, customer service, data information and processing of complaints are consistently offered in German.

6. Right of withdrawal of consumers

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of revocation, you must notify us, the
Parkett-AGENTUR GmbH
Boden-Niederlög 4
A-6105 Leutasch/Austria
Fax: +43 (0) 59 6814 - 99
E-Mail: info@parkett-agentur.at

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model cancellation form for this purpose. You can also download the model cancellation form from our website and send it to us. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. In the case of sales contracts where we have not offered to collect the goods ourselves in the event of cancellation, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

If you have received goods in connection with the contract, you must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. In the case of goods that cannot be sent by parcel post, the costs for the return shipment are shown in the table under Delivery & Shipping Costs.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

If the customer is an entrepreneur, a revocation is completely excluded.

Model revocation form

(If you wish to revoke the contract, please complete and return this form or the attached form).

- To
Parkett-AGENTUR GmbH
Boden-Niederlög 4, 6105 Leutasch
Fax: +43 (0) 59 6814 - 99, E-Mail: info@parkett-agentur.at
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
- Ordered on (*) received on (*)
- Name of the consumer(s)
- Adress of consumer(s)
- Signature of consumer(s) (only in cas of paper communication)
- Date(s)
(*) Delete where inapplicable.

Notes for the smoothest possible processing of the return shipment

If possible, the goods should be returned in the original packaging with all accessories and packaging components. If necessary, please use protective outer packaging if the original packaging is no longer available, in order to ensure adequate protection against any transport damage. Damage and contamination to the item to be returned should be avoided. Goods that cannot be sent by parcel post will be collected by Parkett-AGENTUR in the event of a justified revocation. In the event of collection by the PARQUET AGENCY, bulky goods such as parquet flooring must be packed safely for transport. This means that the condition of the goods as delivered must be restored and the goods ready for collection must be stored in a properly dry place until the time of collection. The consumer shall bear the costs for damage to the goods caused by improper storage prior to collection, as well as transport damage caused by improper packaging or inadequate bundling of the packages on pallets during collection. The use of the original packaging is not a "must", i.e. it is not a prerequisite for the assertion of your right, but it simplifies and secures the processing for us.

The consumer has no right to withdraw from contracts for

- the price of which depends on fluctuations on the financial market over which the trader has no influence and which are concluded and which may occur within the withdrawal period.
- Goods that are made according to customer specifications on are clearly tailored to personal needs.

7. Returns

7.1. In case of complaints, Parkett-AGENTUR will only accept undamaged and properly packed goods from entrepreneurs. Damaged or soiled returned goods will not be credited (even if the damage was caused by defective packaging for the return transport). Entrepreneurs must hand over returns bundled and tied up, provided with edge protection and fixed securely on pallets for transport.

7.2. For entrepreneurs, handling costs of € 50.00 are agreed up to a net value of € 500.00. Above this amount, handling costs of 15% of the net value of the goods are agreed.

7.3. Returns from entrepreneurs will only be accepted within 4 weeks of receipt of the goods. Promotional or special goods will not be accepted for return.

7.4. Consumers are advised that they are responsible for any loss in value of the goods to the extent that this is due to handling of the goods that is not necessary for checking the quality, characteristics or functioning of the goods (see point 6). It is therefore in the interest of the consumer to pack the goods properly before returning them and to protect them from damage.

8. Delivery/Service

8.1. The delivery times stated in the online shop are minimum delivery times. Parkett-AGENTUR may exceed these minimum delivery times by up to 10 days. Unless it is excluded by the nature of the order or unreasonable for the customer, we are entitled to make partial deliveries. In the event of a correction of the delivery date or the necessity of a partial delivery, the buyer shall be informed by us immediately upon becoming aware of this.

8.2. The delivery of the goods is carried out by transport companies or by parcel services free kerbside. We expressly point out that parquet & furniture are bulky goods, therefore the buyer must ensure that the goods are taken over and secured at the place of delivery. The buyer must personally take over the goods and check for proper condition, correct quantity or any transport damage - see point warranty. Other persons are only entitled to take over the goods if the buyer expressly confirms this in writing to Parkett-AGENTUR. This written confirmation must be given at least 3 working days before the agreed delivery date.

8.3. Unforeseen events, force majeure, traffic disruptions etc. extend the delivery period accordingly. The aforementioned circumstances shall also extend the delivery period if they occur at our sub-supplier. With regard to any claims for damages due to delayed delivery, reference is made to point 12.

9. Transfer of risk

9.1. The risk of accidental loss and accidental deterioration of the goods in the case of sale by delivery to a place other than the place of performance shall pass upon handover to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment (e.g. the post office). The same shall apply if the goods are dispatched from our supplier's warehouse.

9.2. In the case of transactions with consumers within the meaning of § 1 of the Consumer Protection Act (KSchG), the risk of loss or damage shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer, provided that the goods are dispatched by Parkett-AGENTUR.

10. Payment/Cancellation

10.1. We accept payment within the framework of the payment options by prepayment (bank transfer), credit card (VISA, MasterCard), PayPal, Sofort Überweisung, EPS Online-Überweisung (only for Austria, for this you must be a customer of one of the following banks: BAWAG PSK, Raiffeisen Bank, Sparkasse, Hypo or Volksbank), purchase on account with instalment facility (POWERPAY) or cash payment on collection. Other methods of payment are to be agreed in writing if necessary. Payments will be made using state-of-the-art SSL encryption.

10.2. In the case of special goods which are specially planned for the customer, as well as for customer-specific special production which is specially produced for the customer, we shall charge a deposit of 30% to 50% of the order total, unless expressly stated otherwise in the order confirmation, which is to be transferred to us after invoicing. The production of customised special goods will only be commissioned after receipt of the full down payment. The delivery of special goods and customised special production shall take place after receipt of the remaining amount. In the event of an order cancellation of special goods or special production before the start of production, we reserve the right to retain cancellation and manipulation fees in the amount of € 190. The assertion of damages exceeding this amount by Parkett-AGENTUR is unaffected by this. The terms of payment stated in item 10.1 remain unaffected.

10.3. In the event of default, the contractual partner undertakes to reimburse us for reminder and collection expenses to the extent that they are necessary for appropriate legal action and are reasonable in relation to the claim, whereby the contractual partner undertakes in particular to reimburse us for the costs incurred by us in the event that a collection agency is called in, insofar as these do not exceed the maximum rates of remuneration due to collection agencies according to the BMWA regulation. If we carry out the reminder process ourselves, the debtor undertakes to pay an amount of EUR 12 per reminder issued, provided the debtor is a consumer as defined by § 1 of the Consumer Protection Act (KSchG). If the debtor is an entrepreneur, § 458 of the Austrian Commercial Code (UGB) shall apply.

11. Retention of title

The goods remain our property until full payment has been made. A resale is only permissible if we have been informed of this in good time beforehand, stating the name or company and the exact address, and we consent to the sale. In the event of consent, the purchase price claim shall be deemed assigned to us already now and we shall be authorised to notify the third-party debtor of this assignment.

12. Warranty, liability, product liability, guarantee

If the contractual partner of Parkett-AGENTUR is an entrepreneur, the delivered goods are to be carefully inspected immediately upon delivery and any detectable defects must be noted in detail on the delivery note or consignment note, otherwise any claims shall be excluded. If no immediate inspection is possible upon acceptance, this circumstance must be noted on the delivery note or consignment note, otherwise all claims are excluded, and any defect which can be detected during subsequent inspection must be notified in detail in writing within a period of five days from handover, which is recognised as reasonable by the buyer.

The warranty period vis-à-vis entrepreneurs shall be reduced to six months from the date of transfer of risk. If a warranty case occurs in the relationship between the buyer and his customers, recourse against Parkett-AGENTUR is excluded according to § 933b ABGB. If the contractual partner of Parkett-AGENTUR is an entrepreneur, the latter is not entitled to withhold payments due to alleged claims under the title of warranty, damages or product liability or other legal grounds. The maturity of the invoiced claims is not affected by the assertion of such rights. The PARQUET AGENCY is only liable for damages in case of intent and gross negligence. This shall not apply to personal injury. The existence of intent or gross negligence has to be proven by the injured party, unless it is a consumer transaction. Compensation for consequential damage (due to defects), as well as other property damage, financial loss and damage to third parties is excluded, unless it is a consumer transaction. Any recourse claims against Parkett-AGENTUR under the title of product liability are excluded. The buyer has to indemnify and hold Parkett-AGENTUR harmless for all resulting disadvantages.

Benefits from any guarantee promises are to be claimed from the respective guarantor. The use of the guarantee does not limit the legal warranty.

13. Reservation of withdrawal

13.1. We reserve the right to withdraw from the contract in the event of extraordinary circumstances which make it impossible to provide the service, such as force majeure, or if the buyer behaves in breach of contract to such an extent that justifies the immediate cancellation of the contract.

13.2. We reserve the right vis-à-vis entrepreneurs to offer an equivalent alternative product if the ordered goods are not available or cannot be delivered in time. The customer shall be informed in writing of the available alternative product. Slight deviations with regard to format, laying system, sorting, surface and price are possible. In this case, the customer shall be granted the right to withdraw from the contract if the alternative product offered does not meet the expectations. In this case, the withdrawal from the contract must be made in writing.

14. Applicable law, place of jurisdiction

The contracting parties agree, insofar as there are no mandatory statutory provisions to the contrary, that Austrian substantive law shall apply to the exclusion of the conflict of laws rules. The UN Sales Convention and all provisions relating to the UN Sales Convention are expressly excluded.

For disputes arising from the contract, vis-à-vis entrepreneurs, the exclusive jurisdiction of the competent court at the registered office of Parkett-AGENTUR, i.e. Leutasch, is agreed.

15. Place of performance

The place of performance for all services arising from the contract with corporate clients is the registered office of Parkett-AGENTUR, i.e. Leutasch.

16. Conciliation board

We undertake to participate in the arbitration procedure of the Internet Ombudsman, Ungargasse 64-66/3/404, A-1030 Vienna in the event of disputes. More information on the types of proceedings at: www.ombudsmann.at

For the settlement of disputes with our company, the OS platform of the European Union can also be used:

http://ec.europa.eu/consumers/odr

If you have any further questions on the subject of dispute resolution, please contact our service: info@parkett-agentur.at

17. Miscellaneous

Should one or more of the above provisions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which achieves the economic purpose pursued by the former as far as possible. The same shall apply to unintended gaps in the contract. The contractual partner waives the possibility of set-off. However, this shall not apply vis-à-vis consumers.

18. Product-specific information on the product Finished parquet flooring

18.1. We expressly point out that the goods must be checked for obvious defects before and at the beginning of installation. If the goods show any defects, the installation must be stopped immediately and the PARQUET AGENCY must be informed immediately. In principle, an obvious defect cannot be complained about and is considered accepted if obviously defective goods are installed. Wood is a natural product; product-specific natural deviations, in particular with regard to surface finish, structural and colour differences, are permissible within the tolerances customary in the trade.

18.2. Notes and recommendations regarding installation and care are to be observed as a generally valid guideline. It is expressly mentioned that the installation and care instructions of the respective manufacturer are ultimately valid. If the manufacturer's installation instructions are not enclosed, they must be requested before installation begins. Defects caused by incorrect storage of the goods, improper installation or disregard of the installation guidelines will not be accepted.

18.3. The manufacturer's care instructions, especially regarding room temperature and humidity, must be observed. The guarantee does not cover damage caused by unnatural handling of the floor, such as surface damage, pressure marks and scratches caused by heavy objects or shoes with hard heels etc.. Damage caused by negligence, such as moisture damage, extreme room climatic conditions, incorrect maintenance, etc. is not covered. The natural formation of gaps, especially during the heating period, is not a defect, but is due to the natural swelling and shrinking behaviour of wood caused by room climate fluctuations.

19. Data protection

19.1. Purposes of data processing

The Parquet AGENCY processes personal data in accordance with § 4 Z 1 and 2 of the General Data Protection Regulation (in short DS-GVO) for the purposes of the respective contractual or pre-contractual contract processing or for the fulfilment of a legal obligation, for which it is legally authorised or obliged in accordance with Art. 6 para. 1 lit b and c DSGVO.

19.2. Processed data

Parkett Agentur GmbH uses the following personal data of its customers and potential customers or of those interested in the products of Parkett-AGENTUR: Name, e-mail address, delivery and invoice address as well as account data.

19.3. Data transfer

For the purposes mentioned under point 19.1, the necessary personal data of the buyer/orderer interested in the products of Parkett-AGENTUR GmbH will be transmitted by Parkett-AGENTUR GmbH to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods, and, depending on which payment service provider you select in the ordering process, to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by Parkett-AGENTUR GmbH or to the selected payment service. Furthermore, the required personal data of the buyer/customer will be transmitted to ACREDIA or KSV1870 in the event of a default of payment of the goods credit record and made accessible to authorised third parties by the latter. Likewise, the necessary personal data of the buyer/customer will be transmitted to a collection agency such as ACREDIA or KSV1870 in the event of a default in payment.

19.4. Cancellation policy

Each of the aforementioned consents may be revoked at any time - also separately - in written or electronic form (by letter, fax, e-mail, etc.) (Art 7 para 3 DS-GVO). A revocation to receive advertising has no influence on the contractual relationship with Parkett-AGENTUR GmbH. The recipient of the revocation is Parkett-AGENTUR GmbH, Boden-Niederlög 4, 6105 Leutasch. Such revocation may be declared in any suitable form, in particular by e-mail to info@parkett-agentur.at. However, if the processing serves overriding legitimate interests of Parkett-AGENTUR GmbH, the latter is entitled to process personal data irrespective of an objection (Art. 23 (1) DS-GVO).

19.5. Storage period

Parkett-Agentur GmbH stores the personal data collected or processed by it only as long as this is necessary for the purposes stated in point 19.1, including for the assertion, exercise or defence of legal claims or as long as Parkett-Agentur GmbH is obliged to do so by law (such as from the Corporate Code, the Federal Fiscal Code, the Value Added Tax Act, etc.).

19.6. Data protection information in accordance with the DS-GVO
Buyers or persons interested in the product of Parkett-AGENTUR GmbH are entitled to, among other things,
a) to obtain confirmation as to whether personal data concerning them are being processed and, if so, to be informed thereof; this also includes obtaining copies and being informed of the identity of third parties to whom personal data concerning them have been transmitted (Art 15 DS-GVO),
b) to demand that personal data which is incorrect or not in conformity with the law be corrected, supplemented or deleted (Art 16, 17 DS-GVO),
c) demand that Parkett-AGENTUR restricts the processing of your personal data (Art 18 DSGVO), 
d) demand data portabilitys (Art 20 DS-GVO),
e) in certain cirumstances, object to the processing of your personal data or withdraw your consent in relation to the processing (Art 21 und Art 7 DS-GVO),
f) lodge a complaint with the competent authority (Art 77 DS-GVO).

Status: June 2018, PDF Version

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