Terms & Conditions

General Terms and Conditions of Grüner Handels & Projekt GmbH

1. Preamble
Grüner Handels & Projekt GmbH (hereinafter referred to as "GRÜNER"), Alser Strasse 13/1, 1080 Vienna, is a limited liability company registered in the commercial register under FN 33001 g and engaged in trading with goods of all kinds, in particular handbags.

2. General
2.1. These General Terms and Conditions apply to both consumers and entrepreneurs as defined by the Austrian Consumer Protection Act ("KSchG").
2.2. If the term "Consumer" is used in these General Terms and Conditions, these shall be natural persons for whom the purchase of goods from GRÜNER does not constitute a commercial, self-employed activity, i.e. a transaction is not part of the operation of a business. If the terms "Entrepreneurs" or "Entrepreneurial Customers" are used in these General Terms and Conditions, these are natural or legal persons or partnerships with legal capacity for whom the transaction is part of the operation of their business. The distinction between Consumers and Entrepreneurs shall be made in accordance with the KSchG. The contractual partner(s) of GRÜNER shall hereinafter be referred to as "Customer" or "Customers".

3. Scope of application
3.1. These General Terms and Conditions ("GTC") are an integral part of all contractual conclusions between the Customer and GRÜNER.
3.2. These GTC shall apply exclusively and shall take precedence over the Customer's general terms and conditions. Any provisions of the Customer to the contrary or deviating from these GTC shall only apply if GRÜNER expressly agrees to them in writing.
3.3. Verbal collateral agreements shall only be legally effective and valid if they are confirmed in writing by GRÜNER to the Customer.

4. Offer / Conclusion of Contract
4.1 The purchase of goods by the Customer requires a binding conclusion of contract by the Customer.GRÜNER's offers are non-binding unless they are expressly designated as binding. Information on the homepage and other media shall only be authoritative if expressly referred to in the order confirmation.
4.2 Promises and assurances by GRÜNER or agreements deviating from these GTC in connection with the conclusion of the contract shall only become binding upon written confirmation by GRÜNER.Unless expressly agreed otherwise in writing, declarations by GRÜNER shall only have legal effect if they are made in writing by persons authorized to represent the company. Verbal side agreements shall be considered non-binding.
4.3 The contract shall come into effect upon written order confirmation by GRÜNER or, at the latest, upon delivery or provision of the ordered goods or services by GRÜNER.In the event of a conclusion of contract, the contract shall be concluded with Grüner Handels & Projekt GmbH, Alser Strasse 13/1/1, 1080 Vienna.

5. Prices
5.1 Prices quoted to Entrepreneurial Customers are to be interpreted as plus the applicable value added tax.
5.2 Packaging, transport, loading and shipping costs as well as customs duty and insurance shall be covered by the Entrepreneurial Customer.
5.3 Towards Consumers as Customers, the prices shall be shown including the applicable statutory value-added tax and other price components and the aforementioned costs shall only be charged if this has been negotiated in an individual contract.

6. Terms of payment
6.1 For purchases of goods, the amount shown on the invoice is due immediately.
6.2 In the event of a delay in payment, GRÜNER shall be entitled to charge 9.2% interest above the base interest rate (Art 456 UGB) for Entrepreneurial Customers and 4% interest (Art 1333 ABGB in conjunction with Art 1000 para. 1 ABGB) for Consumers.
6.3 The Customer shall only be entitled to set-off insofar as counterclaims have been judicially determined or recognized by GRÜNER. A Customer who is a Consumer shall also be entitled to a right of set-off insofar as counterclaims are legally related to the Customer's payment obligation, as well as in the event of GRÜNER's insolvency.
6.4 In the event of a delay in payment, the Customer shall be obligated to pay to GRÜNER the costs necessary and appropriate for collection and enforcement (reminder costs, debt collection costs, attorney's fees, and the like). In the case of Entrepreneurial Customers, a lump sum of EUR 40.00 shall be charged as compensation for any debt collection costs (Art 458 UGB).

7. Service
7.1 Unless otherwise stated in the order confirmation, the products are usually ready for dispatch and will be provided or delivered within a reasonable period of time after conclusion of the contract.
7.2 In the event of force majeure, war, strike, pandemic, etc. or unforeseeable delays by suppliers for which GRÜNER is not responsible or other comparable events beyond GRÜNER's control, deadlines and dates may be delayed for the period of time during which the respective event continues.
7.3 In the event of a delay in the performance of the contract by GRÜNER, the Customer shall be entitled to withdraw from the contract after setting a reasonable grace period. The grace period must be set in writing.

8. Transfer of Risk
8.1 With regard to the transfer of risk when the goods are sent to the Consumer, the risk shall not pass to the Consumer until the goods are delivered to the Consumer or to a third party designated by the Consumer and different from the carrier. However, if the Consumer has concluded the contract of carriage himself without making use of a selection option suggested by GRÜNER, the risk shall already pass when the goods are handed over to the carrier (Art 7b KSchG).
8.2 The risk shall pass to the Entrepreneurial Customer as soon as GRÜNER hands over the goods to a carrier.

9. Liability / Compensation
9.1 GRÜNER shall not be liable to a Customer who is an Entrepreneur, except for personal injury and in case of intent and blatant gross negligence. GRÜNER shall not be liable to a Customer who is a Consumer for damages caused to the Customer, as well as for indirect damages, consequential damages, mere financial losses and lost profits. A liability shall only apply for personal injury and in case of intent and gross negligence.
9.2 GRÜNER shall not be liable for any fault of transport companies.
9.3 Claims for damages may only be asserted (i) by a Customer who is an Entrepreneur within six months after having obtained knowledge of the damage and the damaging party, (ii) by a Customer who is a Consumer within the statutory period at the latest.
9.4 Any liability for damages shall be limited to the foreseeable, typically occurring damage.
9.5 Any further liability for damages than provided for in the above paragraphs shall be excluded - regardless of the legal nature of the claim.

10. Warranty / Guarantee
10.1 GRÜNER shall provide a warranty only for the functionality of the products in accordance with the agreement.
10.2 After handover, the Customer, who is an Entrepreneur, or a person authorized by him shall inspect the goods immediately for any defects. Notification of defects must be made in writing to GRÜNER by the Customer, who is an Entrepreneur, without delay, but at the latest within 10 working days after receipt of the goods, otherwise warranty claims and claims for damages shall be excluded. Defects which cannot be discovered within this period even with the most careful inspection shall also be notified to GRÜNER in writing without delay, under no circumstances later than 3 working days after their discovery - otherwise the relevant rights will be deemed forfeited.
10.3 For contracts between GRÜNER and a Consumer, the Consumer Warranty Act (VGG) shall apply. The warranty period vis-à-vis a Customer who is a Consumer shall be two years from handover of the item (Art 10 VGG). The warranty period vis-à-vis a Customer who is an Entrepreneur shall be one year from handover of the item.
10.4 If the Customer independently makes changes to the products, any warranty shall lapse insofar as a defect is attributable thereto.
10.5 Any warranty beyond the aforementioned or any other guarantee vis-à-vis GRÜNER is expressly excluded.

11. Error, laesio enormis (reduction by more than half), cessation of the basis of the business
A contestation of the contract concluded between GRÜNER and the Customer on the grounds of error, laesio enormis (reduction by more than half) and cessation of the basis of business by an Entrepreneurial Customer is excluded.

12. Data Protection
12.1 The Customer expressly agrees that all data obtained from the business relationship in general and the contractual relationship in particular shall be automatically determined and processed by GRÜNER.
12.2 GRÜNER undertakes not to disclose any data to third parties, unless this is done in accordance with a legal obligation. GRÜNER further undertakes to delete Customer data upon written request of the Customer, unless there is a legal obligation to retain such data.

13. Miscellaneous
13.1 The Customer shall not be entitled to transfer its rights, claims and obligations to a third party without GRÜNER's prior written consent.
13.2 Amendments, supplements and collateral agreements or additional agreements to these GTC must be made in writing to be effective. This shall also apply to any agreement to deviate from this formal requirement. In the event of contradictions between these GTC and deviating written agreements between GRÜNER and its Customers, the provisions of the deviating agreements shall prevail.
13.3 The provisions of these GTC may be amended by GRÜNER at any time, whereby such amendments shall be announced on the website and by e-mail (to the e-mail address last notified by the Customer) at least 30 days before they come into force. If the Customer does not object to the amendments in writing (by e-mail) within 30 days of receipt of the aforementioned announcement, the amendments shall be deemed accepted. In the event of a timely objection by a Customer, the contractual relationship between this Customer and the GRÜNER shall continue in accordance with the GTC in the version prior to the announced amendment.
13.4 If individual provisions of these GTC are or become invalid, the remaining content of the GTC shall not be affected. The invalid provision shall be replaced by a valid provision that is legally valid and comes as close as possible to the economic purpose of the legally invalid provision. This shall apply mutatis mutandis to the filling of loopholes.
13.5 For all disputes arising from and in connection with these GTC or a contract concluded between GRÜNER and a Customer, it is agreed - to the extent permitted by law - that Vienna (Austria) shall be the exclusive place of jurisdiction. Austrian law shall apply exclusively. Any referral norms existing in Austrian law and the UN Convention on Contracts for the International Sale of Goods shall be excluded.

Status January 2023