Terms and conditions

General terms and conditions

1. General Information

1.1 These General Terms and Conditions represent the exclusive basis for all legal relationships established between W-Wohnen WnM Wohnen nach Mass GmbH Managing Director: Michael Wöhrle (hereinafter: "Company"), Bahnhofstraße 14, 2232 Deutsch Wagram, Austria, and its consumers via the Company's online shop.

1.2 These terms and conditions apply (unless otherwise specified) indiscriminately to consumers and companies in the version valid at the time the contract is concluded. These are available free of charge on the company's website in a storable and printable version.

1.3 All offers, agreements and sales are exclusively based on the following conditions. Deviations and ancillary agreements require written confirmation by the company. Deviating conditions of the consumer, which are not expressly acknowledged in writing, are not binding for the company.

1.4 The Internet presence of www.w-wohnen.com was realized with the greatest care. We therefore assume no liability for the accuracy, completeness and timeliness of the content (typesetting and typographical errors). The use of the sides takes place on own danger. Should the company subsequently discover printing or typesetting errors in its online catalogue, you will be informed. With your explicit written confirmation you can confirm your order again. If this confirmation does not take place, the company is entitled to withdraw immediately from the contract (if already come off). In this case claims for damages are excluded.
1.5 Our Internet pages contain links to Internet sites of third parties. We have no influence whatsoever on the current or future content and/or design of these pages; they are the sole responsibility of the respective third party. By linking, we do not adopt the contents of the linked pages as our own. At the time the link was created, no illegal content was apparent. Should we become aware of any infringements, the link will be removed immediately.

1.6 The contents/picture material/graphics of the Internet pages are subject to Austrian copyright law. Any use (duplication, processing, distribution, etc.) of the contents not covered by copyright requires the written consent of us or the respective copyright holder.

2. Offer/ Conclusion of contract

2.1 The company's offers are subject to change without notice unless otherwise expressly stated. Minor deviations and technical changes from the illustrations or descriptions are possible. 

2.2 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the "Order now bindingly" button, you submit a binding offer/order of the goods contained in the shopping cart and accept the general terms and conditions. You are obliged to fill in the order form completely and truthfully. The binding offer you send does not have to be accepted by the company. You will automatically receive a confirmation of receipt after placing your order. This does not constitute an acceptance of your offer and the purchase contract has not yet been concluded. Only by the actual delivery of the ordered product, it comes to the conclusion of a contract. 
The company is not obliged to accept a customer offer/customer order. In case of rejection you will be informed by the company.
2.3 All special agreements only become binding upon written confirmation by the company. An order shall only be deemed to have been accepted if the dispatch has been confirmed by the company in writing - or by transmission in the form of e-mail or fax.
2.4 The same applies to additions, changes and subsidiary agreements. The purchaser is liable for the correctness of the documents to be supplied by him, such as in particular samples, drawings and dimensions. Drafts and drawings of the seller shall remain the property of the Seller and may not be reproduced or made accessible to third parties without the seller's consent. 

3. Delivery

3.1 The company shall not be obliged to deliver until the customer has fulfilled all its obligations required for the performance of the contract. The occurrence of delays in delivery due to unforeseeable events and force majeure and due to events which make delivery significantly more difficult or impossible for us - this includes in particular industrial disputes, civil unrest, official measures, failure to receive supplies from our suppliers, etc. - shall be deemed to be a delay in delivery. - does not grant the purchaser the right to damages and does not entitle the purchaser to withdraw from the order/contract. You will be informed immediately of any delays in delivery. If the ordered goods are no longer available or cannot be delivered for other legal reasons, the company reserves the right to offer you an alternative product or to refuse the order without compensation or to withdraw from the contract. In such cases, the purchase price will be refunded immediately.
3.2 The consumer entitles us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time, without the consumer being able to derive any claims for damages from this. In important cases, we will deliver the beginning and end of such hindrances to the consumer as soon as possible.
3.3 If a delivery to you is not possible, because you are not found at the delivery address provided by you, although the delivery date was announced to you with a reasonable period of time, you shall bear the costs for the unsuccessful delivery.

4. Pricing and payment

4.1 All prices quoted in the company's online shop are gross prices including statutory VAT in euros. In addition to the price of the goods, shipping costs incurred are clearly communicated to the consumer on the website and can be retrieved via the link "Shipping method & costs as well as delivery service".

4.2 The current prices at the time of the order shall apply. The company reserves the right to change the prices stated in the online shop before conclusion of the contract. The company will inform you immediately about the actual price. In this case, the company requires your confirmation that you accept the order with the amended price(s). This confirmation can be implied by the payment of the shortfall. If you do not accept the price adjustment, the company is entitled to withdraw from the order. The company reserves the right to contest the contract for (price) error after it has been concluded.
4.3 All orders are payable in advance. The payment of the purchase price takes place after choice of the customer by cash in advance, "instant bank transfer/Sofortüberweisung", "Paypal", credit card* or purchase on calculation. (*The debit of your credit card account takes place with conclusion of the order.) For security reasons, the company reserves the right to carry out a credit check or have one carried out. The company reserves the right to exclude individual payment methods even after your order and, if necessary, to propose a suitable payment method. The payment information provided by you is not stored by the company, but may be stored by the payment provider.
4.4 If the customer wishes a different payment arrangement, this requires an express written agreement to be effective. After receipt of payment, the goods are ordered or the services ordered are coordinated.
4.5 All prices are quoted ex warehouse including packaging.
4.6 Advance payments made by you will be refunded by us upon request 8 weeks after receipt if we are not able to deliver ordered items in the foreseeable future due to delivery difficulties.
4.7 In the event of default in payment, the company shall be entitled to charge default interest of 12% p.a. as compensation. This shall also apply in the event of default through no fault of the company. The company reserves the right, after an unsuccessful reminder, to have the claim collected by a debt collection agency. You undertake to reimburse the costs of third parties (lawyer/collection agency) incurred in the collection of the claim. 
4.8 Any reimbursement of payments made by you will be made by means of the method of payment used for your order. I.e. Paypal payment via Paypal etc. 
4.9 With the payment method "purchase on account", the payment process is the same as with credit card payment and "instant bank transfer/Sofortüberweisung", via the platform of Heidelberger Payment GmbH and represents a secure payment method. Your payment must therefore be made to the trust account of Heidelberger Payment GmbH. The bank details can be found on the invoice. The payment period for "purchase on account" is 14 calendar days after confirmation of dispatch/invoicing. In the event of late payment, Heidelberger Payment GmbH will send you a payment reminder by e-mail. The company assigns claims that have not been settled after 35 calendar days to Heidelberger Payment GmbH and the claim is subsequently transferred to a collection agency.

5. Dispatch and transfer risk

5.1 Delivery is effected by sending the goods to the address provided by the consumer. 
5.2 Delivery periods apply as follows:
Small items 2-7 working days
Electrical appliances 5-7 working days
Any fulfilment of the performance owed by us within the delivery period due to force majeure, strike, lack of raw materials or other circumstances for which we are not responsible, wholly or partially prevented, the delivery period shall be extended by the duration of the hindrance.
5.3 Delivery of small volume items ( parcels ) are delivered by parcel services. If the consumer is not present, the parcel service is authorized to deposit the package in the next responsible delivery point.
5.4 Delivery of large-volume items is carried out by a transport company of our choice at normal forwarding times from 08:00 to 18:00 (Mondays to Fridays). We are not obliged to take back the packaging - we offer this optionally as a service - upon delivery and or assembly immediately upon delivery. The delivery costs (packaging/dispatch) also include the usual storage costs. These, however, only if storage does not exceed a period of two weeks. If the goods have to be stored beyond this period for reasons attributable to the customer, we shall be entitled to charge reasonable storage costs. In the case of ordered delivery to behind the first lockable door (without a door lock), the consumer must ensure that the journey by truck is possible without hindrance, that the distance covered by the contract from the truck to the home is less than 30 metres, that the distance covered by the contract is fastened, etc... In addition to the points mentioned above, the staircase and the door passage dimensions are normally spacious when the goods are delivered, including delivery to the area of use. The contract includes the 1st floor/UG without elevator. In addition, a surcharge of 35,-€ per floor will be charged. The consumer must inform W-Wohnen about any special features. Special before delivery of the consumer not indicated difficulties with the delivery, the contract are calculated according to expenditure to loads of the consumer if necessary later according to expenditure of time or lump sum. An unsuccessful delivery of large-volume items delivered by transport companies, for which the client is responsible, will be charged at a flat rate of 250, - € cancellation costs. 
5.5 If the customer has decided to pay 50% upon delivery and then does not make this payment properly, we are entitled to refuse delivery. All costs resulting from the delivery, in particular travel costs, picking costs, etc., may be invoiced separately, subject to further claims for damages. 
5.6 We reserve the right to make partial deliveries for justified reasons. 
5.7 If the consumer is an entrepreneur and acts in this capacity, the risk shall pass to the customer when the goods are handed over to the transport person. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall not pass to the consumer until he takes possession of the goods or is in default of acceptance. 
5.8 If dispatch is delayed as a result of circumstances for which the consumer is responsible, the risk shall pass to the consumer on the day on which the goods are ready for dispatch. We shall then not be liable in particular for loss, depreciation or damage caused by fire, theft, weather conditions, etc. We are not obliged to insure the goods.

6. Retention of title

The delivered goods remain the property of the company until the purchase price has been paid in full and all claims arising from the business relationship have been settled.

7. Warranty

7.1 The consumer of a defective item can initially only demand the removal of the defect or the delivery of a defect-free item (subsequent performance). The company can refuse the type of supplementary performance chosen by the consumer if it is only possible with disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether a different type of subsequent performance could be used without considerable disadvantages for the purchaser must be taken into account. In this case, the consumer's claim is limited to the other type of supplementary performance; the company can also refuse this due to disproportionate costs. If the company delivers a defect-free item for the purpose of subsequent performance, the seller must return the defective item and pay compensation for the value of the benefits derived. For the determination of the value of the uses it depends on the pro rata temporis linear depreciation in value in the comparison between actual use duration and prospective total use duration. If the supplementary performance has failed, the consumer may withdraw from the contract or reduce the purchase price. If the consumer decides to withdraw from the contract, he must return the defective item and pay compensation for the use made of it. In order to determine the value of the uses, the pro rata linear reduction in value in comparison between the actual period of use and the expected total period of use is decisive. The claims for material defects expire two years after handover or in accordance with the respective statutory provisions. If the rights are asserted only after the expiry of six months from delivery of the purchased item, the consumer shall be responsible for proving that the purchased item was already defective at the time of delivery.

8. Definition of Defect and Reservation of Right to Modify

8.1 A defect in the goods exists if they do not have the agreed quality at the time of delivery. No defect shall be deemed to exist if the object of sale has the agreed quality or if no such quality has been agreed, if the object of sale is suitable for the purpose specified in the contract or for normal use. In particular, deviations of the goods which do not fall under the following reservation of change shall be deemed defects. Furniture manufactured in series shall be sold according to samples or illustrations. Qualitative claims can only be made to the ordered goods to the extent that they can be reasonably and commercially made for goods in the price range of the ordered goods. Customary and reasonable deviations in dimensions, colour and grain for natural products, such as wood, leather, granite and marble surfaces with regard to minor deviations in design compared to fabric samples, in particular in colour, are reserved. This applies in particular to repeat orders. A defect also does not exist in the case of damage for which the purchaser is responsible, such as damage caused to the purchaser by natural wear and tear, moisture, excessive heating of the rooms, other temperature or weather influences or improper handling. We shall not be liable for material defects caused by unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, normal wear and tear, faulty or negligent handling, nor for the consequences of improper modifications or repair work carried out by the purchaser or third parties without our consent.

9. Withdrawal

9.1 The company shall be entitled to withdraw from the contract even with regard to a part of the delivery or service that is still open if false information about the creditworthiness of the consumer has been provided or objectively justified doubts about the solvency of the consumer have arisen and the consumer, upon our request, neither makes an advance payment nor provides suitable security prior to delivery or if insolvency proceedings are opened against the assets of the consumer or an application for insolvency proceedings is rejected due to lack of assets to cover costs. 
9.2 Irrespective of our claims for damages, in the event of partial rescission already rendered partial services shall be invoiced and paid in accordance with the contract.
9.3 If the company is unable to deliver the ordered goods, e.g. because the Supplier fails to meet its obligations for whatever reason, the Company shall be entitled to rescind the contract with you. In this case you will be informed immediately that the ordered product is not available. In this case, the purchase price paid will be transferred back immediately.

10. Distance contracts

Distance contracts are contracts for the supply of goods concluded between an undertaking and a consumer using only means of distance communication.
The consumer has no right of withdrawal in the case of contracts for goods which are made to customer specifications, which are clearly tailored to personal needs, which are not suitable for return due to their nature, which can spoil quickly or whose expiration date would be exceeded.


11. Cancellation instruction

Right of withdrawal of the consumer according to §§ 5e ff Consumer Protection Act (KSchG):
11.1. right of withdrawal and withdrawal period:
11.1.1. The consumer within the meaning of § 1 Consumer Protection Act (KSchG), i.e. a person for whom the business is not part of the operation of his company, may withdraw from a contract concluded by distance selling or a contractual declaration made by distance selling without stating reasons.
11.1.2. The withdrawal period is fourteen (14) days. It is sufficient if the declaration of withdrawal is sent within this period.
11.1.3. In the case of contracts for the delivery of goods, the period shall commence on the day on which they are received by the consumer, and in the case of contracts for the provision of services, on the day on which the contract is concluded.
11.1.4. In the event that the Company fails to comply with its information obligations under the Consumer Protection Act, the withdrawal period shall be extended to twelve months from the dates stated in 1.3. However, if the company fails to comply with its duty to provide information within this period, the fourteen-day period for exercising the right of withdrawal shall begin to run from the time the company transmits the information.
11.1.5. Withdrawal must be made in writing (letter, e-mail, fax) to:

W-Wohnen - WnM Wohnen nach Mass GmbH

Bahnhofstraße 14
2232 Deutsch-Wagram
Telefax: +43 2247 207077
E-Mail: office@w-wohnen.com

Please use the text below:
"I hereby revoke the contract I have entered into for the purchase of the following goods/goods
Provision of the following service (delete inappropriate):
Ordered on: ...
Received on: ...
Name of consumer: ...
Consumer's address: ...
Date: ...
Signature of the consumer (only if communicated on paper): ...".
11.1.6. The consumer has no right of withdrawal in the case of contracts for goods which are manufactured according to customer specifications, which are clearly tailored to personal needs, which due to their nature are not suitable for return, which can spoil quickly or whose expiration date would be exceeded.
11.2. consequences of withdrawal and bearing of costs 
If the consumer cannot return the received service to the company in whole or in part or only in a deteriorated condition, he must compensate the company for the value to this extent. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop, for example. In addition, the consumer can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value. The consumer has to pay only the direct costs of the return. The consumer must provide packaging that excludes damage to the goods. The original packaging is to be used for the return, should this no longer be available, please inform us before the return. The consumer is liable for damage caused by inadequate packaging.
11.2.1. If the consumer makes use of his right of withdrawal, the services already received must be returned step by step.
11.2.2. The Company shall reimburse the payments made by the Consumer and shall reimburse the necessary and useful expenditure incurred by the Consumer on the goods.
11.2.3. The consumer shall return the services received and pay the company a reasonable fee for their use, including compensation for any associated reduction in the fair market value of the services, whereby the transfer of the services to the consumer's custody shall not in itself be regarded as a reduction in value.
11.2.4. If the consumer has received goods in connection with the contract, the goods must be returned or handed over to us immediately and in any event within seven (7) days of the date on which you notify us of the revocation of this contract. The consumer only has to pay the direct costs of the return.
End of the cancellation instruction

12. Liability

12.1 We shall only be liable for damages other than those resulting from injury to life, limb and health insofar as these damages are based on intentional or grossly negligent actions or on culpable breach of an essential contractual obligation by us or our vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act shall remain unaffected by this.
12.2 According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The company is therefore not liable for Internet availability at all times.
12.3 In the case of contracts to which a consumer is not entitled, the Company shall not be liable.

13. Place of jurisdiction

13.1 All disputes arising from this legal relationship are subject to the law of the Federal Republic of Austria. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
13.2 Place of performance for all mutual services arising from the contract shall be the registered office of our company.
13.3 The place of jurisdiction for all current or future disputes arising from the contractual relationship - including any withdrawal - shall be the local or regional court responsible for the registered office of our company, unless an exclusive place of jurisdiction exists for the dispute. The agreement on the place of jurisdiction shall only apply in the event that the customer is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Austria.

14. Invalidity of provisions

Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
The contract, order and business language is German.
Status: April 2018