GENERAL TERMS AND CONDITIONS

Company: Sicherhaid GmbH; FB: FN 329107g
 

Höttinger Au 51 & Amraserstr 41/ 6020 Innsbruck/TYROL/AUSTRIA, 0512/22822, office@sicherhaid.com,

www.sicherhaid.com

Sparkasse: IBAN AT10 2050 3006 0000 1515 BIC SPIHAT22XXX
 

1. All current and future legal relationships between us and our clients, purchasers, and other contractual partners (hereinafter referred to as "customers"), in particular our sales transactions (deliveries and services), are subject exclusively to these general terms and conditions. Any agreements deviating from these terms and conditions require our written consent. Any general terms and conditions of the customer shall not apply in whole or in part, even if they have not been expressly contradicted in individual cases. Subsequent agreements (including verbal agreements) shall also be deemed to have been concluded in accordance with our terms and conditions, even without separate reference to them. In the event that the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), these terms and conditions shall only apply insofar as they do not conflict with mandatory statutory provisions. In particular, we provide a warranty to the consumer in accordance with the statutory provisions, notwithstanding point 12.
   
    
2. Our offers, price lists, and cost estimates are non-binding. A contract is only concluded upon our written order confirmation. The owner and managing director are authorized to sign on our behalf as shown in the commercial register. Our sales representatives are only authorized to collect payments and accept declarations, but are not authorized to make legal declarations. All agreements, side agreements, verbal and written commitments, and other legal declarations made by representatives who are not independently authorized to sign (such as our sales representatives) require the written confirmation of a representative authorized to sign in order to be valid and only then become binding on us. Fictitious consent or declarations in connection with our conduct are excluded in any case, even in the case of an ongoing business relationship. Unless expressly stated otherwise, our technical information and descriptions of the subject matter of the contract are non-binding. The customer is responsible for any incomplete information or documents on their part. The customer must check any order confirmation sent by us immediately upon receipt. In the absence of a written objection within five days, the terms and conditions stated therein and these general terms and conditions shall be deemed to have been accepted in full by the customer, even if the order confirmation deviates slightly or in minor points from the order. Any locking plans sent by us to the customer must be checked by the customer for correctness of the locking properties, locations, quantities, and design of the components and shall be deemed accepted in the absence of written objections within five days. By entering into a contract without reservation, the customer also waives all pre-contractual protection, warning, and information obligations on our part, unless we can be proven to have acted with intent or gross negligence in this regard. In the case of keys that are to be manufactured by us according to a sample provided by the customer or according to the original dimensions at the time of initial delivery, the actual locking functionality of the key reproduced by us or the further locking functionality of existing keys and cylinders is not deemed to have been agreed from the outset due to technical circumstances, but is merely the subject of our careful efforts.
   
    
3. Our fees are generally net fees ex works. The agreed prices are therefore subject to statutory sales tax. In the case of contracts for work and services, we may invoice for partial services; in the absence of clearly definable partial services, interim invoices may be issued at least every two months. Unless expressly agreed otherwise, order changes and additional orders will be invoiced at reasonable prices, without the discounts, rebates, or other reductions granted for the main order. Unless expressly agreed otherwise in writing, our prices are not considered flat rates. For services rendered on a time and material basis, the full fee is payable even without the signing of time and material confirmations. The fees do not include packaging costs. Packaging will not be taken back. Unless otherwise agreed in writing, we will charge any costs for delivery, installation, and assembly separately. In the absence of a specific agreement, the customer shall pay us a reasonable fee for cost estimates. We are entitled to make reasonable changes to our performance and delivery obligations at any time, provided that these are objectively justified. In particular, in the event of changes in raw material prices, wages, and operating costs beyond our control, we are entitled to make corresponding price adjustments with regard to all goods not yet delivered, without this entitling the customer to withdraw from the contract.
   
    
4. In the absence of any other written agreement, our registered office shall be deemed the place of performance and fulfillment. All announced and agreed delivery dates and delivery periods are not fixed dates, but approximate and are also subject to unforeseen events and obstacles. Delays therefore do not entitle the customer to refuse acceptance or assert claims for compensation. The customer must ensure reasonable conditions for the proper execution of the delivery. In the event of delayed delivery of parts or vehicles provided or to be provided by the customer, the delivery period shall be extended accordingly. If an agreed delivery date is exceeded by more than four weeks, the customer is entitled to set us a further delivery period of four weeks. If this additional delivery period expires without result, the customer is entitled to withdraw from the contract; however, this only applies if the customer has given written notice of withdrawal, setting the additional delivery period. However, if the additional delivery period has not been met through no fault of our own, the customer may (under the above conditions) withdraw from the contract at the earliest three months after the originally agreed delivery date. Claims for damages by the customer solely due to delayed delivery or non-performance are excluded, unless intent or gross negligence on our part can be proven. Partial deliveries on our part are permissible and partial services already rendered must also be accepted by the customer.
   
    
5. Unless otherwise agreed in writing, any agreed shipment of our goods shall be at the (reasonable) expense of the customer, with the shipping route and method being determined by us. In any case, shipment shall be at the risk of the customer, even if the shipping costs are to be borne by us as agreed (free delivery). We shall only insure the goods against transport damage at the express written instruction and expense of the customer. The risk shall pass to the customer upon handover of the goods to the carrier, etc., even in the case of partial delivery, even if this was arranged by us or if we have borne the shipping costs for this. If the shipment of keys has been agreed, we are entitled to send them by normal mail without insurance.
   
    
6. If there is no binding agreement regarding a specific delivery date and the customer does not specify a specific delivery date within a period of three days despite our request, we are entitled to either deliver the entire shipment or parts thereof at our discretion without setting a further deadline or to store the goods in question at the customer's expense. In any case, the risk shall pass to the customer upon expiry of the aforementioned period. Irrespective of shipping, we shall be entitled to withdraw from the contract after setting a period of ten days and/or to claim damages for non-performance if the customer does not accept the goods as agreed. Goods not accepted by the customer on the agreed delivery date or, in the event of a delay, on the delivery date notified to the customer, may be stored by us for a period of six weeks at the customer's risk and expense. If the goods have not been accepted after this period has expired, our delivery obligation shall lapse and we shall be entitled to dispose of the goods at our discretion and still invoice the customer for the agreed price in full. Cancellations and order changes after conclusion of the contract are only possible with our express written consent. Without prejudice to the assertion of any additional actual damages incurred, in the above cases of default on the part of the customer, we are entitled to demand 30% of the agreed order amount as a contractual penalty not subject to judicial mitigation, without proof of damage.
   
    
7. The return of goods requires our written consent. The delivery note or invoice number must be stated on every return. Returns must always be made to our registered office at the customer's expense and risk.
   
    
8. In the absence of other written agreements, the following terms of payment shall apply: Our invoices are due immediately and in full (without deduction). Payment terms that deviate from this in whole or in part (such as other target or discount agreements) shall only apply if they have been separately agreed to by us in writing in individual agreements, confirmations, or invoices, and, if applicable, only for the respective transaction or invoice in question. Even in the latter case, the use of agreed discounts, rebates, reductions, and the like requires that the customer has settled all due liabilities to us (from whatever legal transactions or titles). It is not possible to claim discounts for partial payments. If the payment deadlines are exceeded, we are entitled to interest at the statutory default interest rate pursuant to § 352 UGB (Austrian Commercial Code), but at least 12%. Furthermore, in this case, reminder and processing fees of at least €25.00 shall be payable immediately, without prejudice to the assertion of the costs and expenses actually incurred as a result of the customer's default in payment. In the case of an installment payment agreement, default on even one installment shall result in the loss of the payment term. All our outstanding claims shall then become due in full.
   
    
9. The customer is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by us or to offset them against our claims. Insofar as the customer is entitled to a legally binding right of retention with regard to the remuneration in the case of a delivery or service, this is in any case limited to the amount of the cover capital for the improvement costs. Claims against us may not be assigned without our written consent.
   
    
10. If, after acceptance of the order/contract, there are justified doubts about the customer's solvency or creditworthiness (in particular, one or more pending enforcement proceedings, negative information from credit protection associations, etc.), we shall be entitled, at our discretion, to demand either immediate cash payment or security in full before commencing performance, or to withdraw from the contract and demand compensation from the customer for expenses already incurred. In such a case, all claims arising from the business relationship with the customer for deliveries and services already rendered shall also become due immediately.
    
     
11. The delivered goods shall remain our property until the purchase price has been paid in full. If the delivery item is processed by the customer or a third party on the customer's behalf or mixed or combined with another item before the retention of title has expired, we shall, insofar as the retention of title is not already fully maintained, in any case be co-owners of the new or combined item in proportion to our claim to the value of the new or combined item. The customer is not permitted to resell the goods delivered by us or the new item created from the processing or combination, or to rent or pledge them before full payment of our claim, without our express consent. Should such a resale occur, the customer's claim against his customer shall be deemed assigned to us, or the customer shall be obliged to assign the relevant claim to us and to ensure the necessary publicity or notification of the third-party debtor. Irrespective of this, we shall also be entitled to notify the third-party debtor ourselves. The customer undertakes to notify us immediately of all relevant data and any impairment of the rights to the items owned by us. If the customer defaults on their payment obligation to us or violates any of the obligations arising from the agreed retention of title or assignment of claims, the entire outstanding claim shall become due immediately and the customer shall be obliged to compensate us for any damage incurred as a result. In this case, we shall also be entitled to demand the return of the items owned by us and to collect them from the customer or a third party, whereby the customer waives the right to assert a right of retention for any reason whatsoever. The customer shall be obliged to bear or reimburse us for the costs of taking back the goods subject to retention of title, which does not constitute a withdrawal from the contract.
    
     
12. All warranty claims of the customer as well as all claims for damages, regardless of the legal basis on which they are based, are excluded in their entirety. Only if this exclusion of liability is invalid on the basis of the applicable statutory provisions shall the following provisions apply between us and the customer with regard to warranty and damages: We provide a warranty in accordance with the law, but subject to the following provisions: The customer is obliged, under penalty of exclusion of all warranty and compensation claims as well as the right to contest errors, to inspect the delivered goods or the processed materials immediately after acceptance and to report all recognizable defects immediately, but no later than seven working days after delivery, by registered letter in a complete and detailed manner. Similarly, any defects that become apparent at a later date must be reported immediately after their discovery. The warranty period for our services is six months from the transfer of risk. The provision of § 924 ABGB (Austrian Civil Code) regarding the presumption of defectiveness is excluded. The burden of proof that a defect for which we are responsible existed at the time of delivery lies exclusively with the customer. At our discretion, warranty claims can be fulfilled by remedying the defect, replacing the goods with defect-free goods, or granting an appropriate price reduction. In any case, we must be given at least three attempts to remedy the defect, whereby an attempt is only considered to be completed when we have declared that the defect has been remedied or when no work has been carried out on our part for more than one week. The warranty period shall not be extended due to the remedying of a defect. Defects shall only be considered acknowledged on our part if we expressly confirm this in writing. The mere fact that we carry out improvement work with regard to defects claimed by the customer does not constitute an acknowledgment of a defect. If the goods delivered by us or the material processed by us is modified, improperly handled or processed by the customer, any warranty or liability for damages on our part shall lapse. We shall only be liable for the costs of remedying defects carried out by the customer themselves if we have given our written consent to this. The customer's warranty claim cannot be transferred to third parties without our consent. With regard to the suitability of the delivered goods and the processed materials, we only guarantee that they are usable in accordance with our terms and conditions. The customer must ensure that the goods covered by the contract are used for their intended purpose and, where applicable, exclusively in accordance with any instructions supplied and, in particular, in accordance with the relevant safety guidelines of the manufacturers in their currently valid version, which the customer must obtain independently. Only those properties that have been expressly guaranteed by us in writing shall be deemed to be guaranteed properties. Deviations in dimensions, equipment, materials, and the like that are customary in the trade and/or due to manufacturing techniques do not entitle the customer to make complaints, claims under warranty, or claims for damages. The customer bears full responsibility for ensuring that the material handed over to us for processing is also suitable for the commissioned processing. We shall not be liable for total or partial failure or for damage caused by the material provided. Unless the customer informs us in writing of the exact use (type, place of use, scope of use, and the like) of the material handed over for processing or the goods delivered by us, we shall in any case not be liable for damage or other consequences caused by the specific use. Unless we are guilty of intent or gross negligence, all claims for damages against us are excluded in their entirety, regardless of the legal basis on which they are based, in particular for personal injury, property damage, and financial loss caused by a defect in the goods. Any recourse claims that customers, contractual partners, or third parties may assert against us on the basis of product liability within the meaning of the Product Liability Act are also excluded, unless we are guilty of intent or gross negligence. In any case, claims for damages shall exclusively cover the pure costs of remedying the damage, but not consequential damages, lost profits, or the like. All claims for damages against us shall become time-barred within one year of acceptance by the customer. When we carry out work on doors, door frames, gates, windows, window grilles, and similar items, minor damage may occur, even if the work is carried out with due care, particularly in connection with glass and glass surfaces, including glass breakage, scratches, chips, drill holes, dents, scratches, and the like, for which we accept no liability. In the case of work on fire doors, unless the customer expressly states otherwise in writing, it is agreed that their continued use as fire doors is not necessary and that these doors therefore do not have to guarantee fire protection and smoke containment functionality after we have worked on them.
    
     
13. Any designs, plans, drawings, samples, and other documents created by us are our sole (and, where applicable, intellectual) property and may not be used by the customer or made available to third parties. If the customer (or a third party commissioned by the customer) provides us with designs, plans, drawings, samples, and other documents and these are not collected by the customer within six weeks of the order being rejected or executed, we are entitled to destroy them after setting a grace period of 14 days without success.
    
     
14. Unless agreed in writing, notifications and declarations to us must always be sent to our business address entered in the commercial register or to the business address of our registered office. If written form is required within the framework of an agreement with us or on the basis of these general terms and conditions, this shall generally be understood to mean simple written form within the meaning of § 886 ABGB (Austrian Civil Code), whereby a signed fax confirmed by a successful transmission report and an e-mail (even without an electronic signature) also fulfill this written form requirement.
    
     
15. Should one or more provisions of the above terms and conditions be legally invalid, this shall not affect the validity of the other provisions and the provisions of the individual agreement with the customer. The contracting parties undertake to replace any invalid provisions with new provisions that come as close as possible to the economic purpose of the invalid provision but are permissible.
    
     
16. The place of jurisdiction for all disputes for both parties is exclusively the competent court in 6020 Innsbruck. Austrian law applies exclusively to the contractual relationship, with the exception of UN sales law.
    
     

Online shop

The following terms and conditions are only valid for the online shop and have nothing to do with the points listed above.

As of March 2020

Validity

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

These General Terms and Conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

Conclusion of a contract, storage of the contract text

The following provisions on the conclusion of a contract apply to orders placed via our web shop on the website https://shop.sicherhaid.com/.
In the event of a contract being concluded, the contract is concluded with Sicher Haid – Sicherhaid GmbH. The presentation of goods in our online shop does not constitute a legally binding offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract. The contractual partner submits a binding contract offer by successfully completing the order procedure provided in our online shop.

The order is placed in the following technical steps:
 

• Click on "Shop" on the home page
• Select the product
• Select the product by clicking on "Add to cart." Check the shopping cart.
• Click on the "Proceed to checkout" button
• Enter your address and payment information
• Double-check or correct the information you have entered
• Place a binding order by clicking on the "Place order" button
  
   

Before submitting the order, the contractual partner can return to the website where their details are recorded by clicking the "Back" button in their internet browser after checking their details and correcting any input errors, or cancel the order process by closing the internet browser.

We will immediately confirm receipt of the order by means of an automatically generated email ("confirmation of receipt").

After receiving the order, we will send you the order details/contract text and our terms and conditions by email. For security reasons, this contract text is no longer accessible via the internet, but is stored electronically by us.

The contract is concluded upon transmission of an order confirmation, but no later than upon dispatch of the ordered goods or provision of the service.

Prices plus statutory VAT.

The prices quoted by the seller refer exclusively to the goods, services, and other services specified in the offer, as well as to the quantities, dimensions, specifications, and other service units specified therein.
If the buyer wishes to deviate from this, the seller will adjust the prices accordingly. We are entitled to adjust prices for the following reasons:

a. Significant exchange rate fluctuations for imported goods or special taxes and fees levied by government authorities.
b. Cost increases due to official measures.
c. Increase in labor costs and increased material costs.
d. Increased transport costs (if freight is included in the offer price).
e. Expedited delivery and any other new requirements of the buyer to which the seller agrees, such as changes to shipping instructions and delivery dates, quantities, formats, and similar specifications relating to goods, services, or other performance.
f. Delays for which the buyer is responsible, either through its instructions or through failure to give necessary instructions.

Payment

The contractual partner has the option of paying by PayPal, credit card, Klarna purchase on account, and SOFORT banking.

Delivery

We deliver within Austria free of shipping costs. Report transport damage immediately to the shipping company, post office, or railway. Please refer to our transport service for information on necessary floor transport (steps up or down and carrying over steps into the house).

If a package is obviously damaged upon delivery, the contractual partner must insist that this circumstance be recorded in writing by the delivery person. The contractual partner must notify us of any damage to a product in writing (by mail or email) within fourteen days.

Delivery and service time

The delivery period for ordered goods begins on the day of our order confirmation and ends on the day the goods leave the factory. If the customer requests changes to the order after receiving our order confirmation, the delivery period shall not commence until we have confirmed the change request in writing. We are entitled to make partial deliveries and provide partial services. Events of force majeure entitle us to postpone the delivery or service for the duration of the hindrance or to withdraw from the contract in whole or in part due to the unfulfilled part.
Force majeure includes all circumstances that significantly impede or render impossible the delivery/service, such as sovereign measures, strikes, lockouts, operational disruptions (e.g., fire, energy shortages), and obstruction of transport routes, regardless of whether these circumstances occur at our premises, the supplier's premises, a carrier's premises, or at the premises of any other third party.
 

In such cases, the customer may demand a statement from us as to whether we intend to withdraw from the contract or perform within a reasonable period of time. After expiry of a reasonable period of time set by us, the customer may withdraw from the contract to the extent that the goods/services have not been reported as ready for shipment or readiness for performance has not been indicated by the expiry of the period. If the contractual partner is in default of acceptance, we shall be entitled, at our discretion, either to store the goods at our premises, for which we shall charge a storage fee of EUR 5 per calendar day or part thereof, and at the same time insist on performance of the contract, or to withdraw from the contract after setting a grace period of a maximum of 10 working days and to dispose of the goods elsewhere. In both cases, a contractual penalty of 2% of the gross invoice amount shall also be deemed agreed.

Retention of title

We retain title to the goods until the purchase price has been paid in full.

Consumer's right of withdrawal

If the contractual partner is a consumer, they have a right of withdrawal.

Cancellation policy

Right of withdrawal
 

You have the right to withdraw from 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, took possession of the goods. To exercise your right of withdrawal, you must inform us, Sicher Haid – Sicherhaid GmbH, Höttinger Au 51, 6020 Innsbruck, Tel: +43 512 347838, Fax. 0512 / 22 8 22-18, office@sicherhaid.com, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
 

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of 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 receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

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

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date 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 fourteen-day period. We will bear the costs of returning the goods. You will only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

End of the cancellation policy

Warranty

The mandatory statutory warranty provisions apply to consumers; in particular, the warranty period for movable goods is two years and for used goods one year. For entrepreneurs, the warranty period is six months.

Minor or other changes to our performance or delivery obligations that are reasonable for the contractual partner are deemed to be approved in advance; this applies in particular to deviations caused by the item (e.g., in dimensions, colors, etc.).

The photographs contained in a product description are for illustrative purposes only. Due to the uniqueness of the products or the materials used, there may be color deviations or minor size differences between the actual product and its image on the Internet, which, however, do not entitle the contractual partner to make a complaint.

A defect does not exist if faults occur in the goods due to improper or unintended use. In particular, the manufacturer's instructions must be observed for proper and intended use.

The presumption of defectiveness pursuant to § 924 ABGB (Austrian Civil Code) (statutory reversal of the burden of proof) and the right of recourse pursuant to § 933b ABGB are excluded in relation to entrepreneurs.

Damages

If we are liable for damage, we shall only be liable for intent and (gross) negligence. If the contractual partner is a consumer, we shall also be liable for simple negligence.

Any further liability is excluded. In particular, we are not liable for indirect damage and loss of profit.

Our liability is limited to the amount of the specific contractual remuneration. Any further liability is excluded, unless consumer protection provisions provide otherwise.

We assume no liability for the topicality, correctness, completeness, and content of the information provided.

We accept no liability for late delivery resulting from circumstances beyond our control (e.g., delayed production by the manufacturer in the case of individual items, force majeure).

We are not liable for allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance of the contractual partner does not entitle them to make a complaint.

If the contractual partner is an entrepreneur, they may no longer assert claims for damages after six months have elapsed since they became aware of or could have become aware of the damage.

Applicable law, place of jurisdiction, place of performance, written form

Austrian law shall apply exclusively, excluding conflict of law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies with the exception of the mandatory provisions of the law of the consumer's habitual residence.

The exclusive place of jurisdiction for disputes arising from or in connection with the contract or these General Terms and Conditions between the contractual partner and us is the competent court at the registered office of Sicherhaid GmbH. This does not apply to the places of jurisdiction for consumers that are mandatory under law.

The place of performance is the registered office of Sicherhaid GmbH.

Amendments and additions to this contract must be made in writing; this also applies to subsidiary agreements and subsequent amendments to the contract, as well as to any waiver of the written form requirement.

Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found here: https://ec.europa.eu/consumers/odr/. We are not
obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Contract language

The contract language is exclusively German.

Data

The applicable data protection regulations, in particular the GDPR, are complied with. Our privacy policy and further information can be found on our website at: https://www.sicherhaid.com/datenschutz/.

Severability clause

Should any provision of these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic and legal intent of the invalid provision.