Terms & Conditions

SCOPE OF APPLICATION

All shipments, services and offers of our company are solely subject to these terms and conditions, independently of the nature of the realized legal act. All of our declarations of intention under private law are subject to these terms and conditions as well. Conditions that are opposing or deviant to our terms and conditions will not be acknowledged, apart from the ones we acknowledged explicitly in writing. Contractual performance on our part does not mean, in this respect, that it consents to agreements that deviate from these conditions. These terms and conditions are also valid as general agreement for any further acts between both parties.
CONCLUSION OF A CONTRACT
1. All our offers are non-committal and subject to change. Verbal agreements, collateral agreements and the like that deviate from our terms and conditions or our other written declarations of intention, especially the ones given by deliverers or vendors, are not mandatory for us. The content found in our brochures, advertisements and the like will not be an integral part of a contract, except this has been decided explicitly.
2. Each contract requires a confirmation of the order to be concluded. The shipping or delivery of the goods, ordered by the customer also leads to the conclusion of contract. If there are offers made to us, the tenderer shall be bound thereby for a reasonable amount of time but at least for eight days, starting from the day the offer has arrived.
3. The presentation of all products in our webshop does not represent legally binding offers, but shall be seen as an invitation to make an order. The description of services in catalogues or websites from the vendor does not represent a guarantee or assurance.
4. The receipt of your order will be confirmed by an automatically generated email. This automatic confirmation solely documents that the order of the customer has been received by the vendor and must not be seen as an acceptance of the proposal. The purchase contract is not agreed until the vendor ships or transfers the ordered products within the promised delivery period, or until the vendor has confirmed the shipping of the products by sending a second email, a confirmation of order or an invoice within 4-7 days. We are not liable or responsible for losses that arise out of the non-availability of articles.
5. If you pay cash in advance a reservation of a product can last for 10 days at the most.
PRICES
1. Unless it is specified otherwise, all our prices are listed without sales tax. If there is a change in wage costs due to collective agreement regulations within the industry or due to internal business deals or should other cost centres relevant for the calculation or costs necessary for performing the service, such as those for materials, energy, transport, foreign workers, financing, etc. change between the conclusion of contract and the shipment, we are justified to raise or lower the prices accordingly.
2. Additional to the listed prices the vendor also charges delivery costs. The customer will be informed about these delivery costs clearly on a separate side with information.
PAYMENT CONDITIONS & INTEREST ON LATE PAYMENT
1. In the absence of a contrary agreement outstanding bills have to be paid without delay upon delivery. Our invoices are due for payment as soon as the goods were accepted. The deduction of a discount shall require separate approval. In the event of payment default, even in the case of instalments, any discount agreement shall be invalidated. Payments made by the customer shall not be recognized as paid until they have been credited to our business account.
2. In the event of default of payment, we are entitled, from the due date, to claim default interest at 4 % above the secondary market yield as per the statistical monthly review of the Austrian central bank. We reserve the right for further claims, in particular the claim for higher interest rates from the title of damages.
3. All transactions offer a complete portfolio for secured technical processing of online payments. We do not have customers banking/credit card details. Payment can be made by bank transfer, PayPal or through our debit- or credit card payment provider. We hope for your understanding that we will ship our products only after we received payment. If you have turned to a third party provider to process your payment, like PayPal, their general terms and conditions will take precedence.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

TAXES AND DUTIES

We ship all orders directly from our headquarters in Austria. The usual delivery time is between 10 and 14 working days. Products imported from Austria may be subject to import duties or taxes that are due upon delivery. You will be responsible for payment of any such import duties and taxes. Please be aware that we do not control these kind of fees and can’t predict their amount. Please contact your local customer office for further information before you place an order. Be also aware that most of our products and textiles are older than 100 years and therefore are duty free in most cases.

CONTRACT WITHDRAWAL
1. Besides the general regulations of law we are also entitled to rescind the contract, in case of delayed acceptance of offer (item 7.) or other import reasons as esp. initiation of bankruptcy proceedings of a contract party or dismissal of a petition of bankruptcy. In the event of rescission and fault on the customer’s part, we may at our option charge liquidated damages to the amount of the gross invoice amount or payment of the actual damage caused.
2. If the customer is in arrears with payment we shall be released from all further obligations to perform and deliver and shall have the right to hold back outstanding deliveries or performance and to demand payments in advance and/or deposits, or to withdraw from the contract after setting a reasonable extended time limit.
3. If the client cancels the contract without being entitled to do so or if he requests the cancellation, we will have the option to insist on the fulfilment or to consent to the cancellation of the contract. In the latter case, the client will be obligated to pay flat rate compensation for damage in the amount of 15 % of the gross invoice amount or the actually incurred damage at our own choice.
RETURNS

Customer satisfaction is important to us. Hence articles, that have been returned within 14 days shall be fully refunded. The exceptions are customised products and tailored textiles. For these products a refund will only be granted if there was a failure in production. All returned items must be received in their original condition and must be insured to its full value and returned free of charge. Therefore please send a mail with your intent of return to office@antikes-flucher.at within seven days from receiving your items. Usually all refunds will be issued in the same form of payment used to purchase the items. We don’t refund postage unless an item has an error. If the items are undeliverable (also, if you weren’t able to collect your item at the post’s office) we will charge all refund costs and extraordinary duties (e.g. custom duties).

Return address

Antikes Flucher GmbH
Dorfstraße 80
8434 Tillmitsch
Austria
RETURN AND COLLECTION FEES

In case of delayed payment the client has to pay a reminder-flat rate of € 22,- plus postal charges for the expenses arising from each payment reminder as well as € 8,- for the evidence of the debt relations within the related services per semester. Furthermore the client is obligated to recompense our company for the appropriate legal pursuit of necessary reminder and collection fees as long as these are not higher than the compensation rates noted in the regulation of the BMwA for the maximum rates and collection agencies.
DELIVERY / TRANSPORT / ACCEPTANCE DELAY
1. Our selling prices do not include costs for delivery, assembly or installation. If required, however, these services can be performed or organized by us against separate payment. For transport and/or delivery, the actually incurred costs including a reasonable charge for overhead expenses will be invoiced, as well as an adequate extra charge, at least the freight charges valid at the delivery day of the chosen mode of transport including sufficient transport insurance. Assembly work shall be charged according to the time involved, whereby it is agreed that man-hour rates normal for the sector shall be charged.
2. In the event the client has not accepted the goods as agreed (delay of acceptance), we shall after failure to meet an extended time limit, have the right either to store the goods on our premises and charge a storage fee of 0.1 % of the gross invoice amount per calendar day or part-day, or to have the goods stored by a business authorized to do so and at the cost and risk of the customer. At the same time we are entitled to insist upon the fulfilment of the contract or to withdraw from the contract after setting an appropriate period of grace and to use the goods at our will. If the goods are perishable or if there is danger, we are in case of an acceptance delay allowed to sell the goods at a reasonable price without further notice on account of the defaulting customer.
TRANSFER OF RISK

Irrespective of the statutory rights the risk of accidentally loosing or accidental harm to goods is passed on to the buyer, when the goods are handed over for dispatch to the carrier.
DELIVERY PERIOD
1. We are not obligated to perform activity until the consumer fulfils his obligations, which are necessary for execution, in particular has fulfilled all technical and contractual details as well as preparatory work and tasks of preparation.
2. We are entitled to exceed the agreed dates and delivery terms by up to one week. Only after this period has expired, the customer may rescind the agreement after a reasonable period of grace has been set.
PLACE OF FULFILMENT

Place of fulfilment is Erfüllungsort ist 8434 Tillmitsch.
MINOR MODIFICATIONS TO THE SERVICES

Minor or other changes to our performance or delivery obligation that are acceptable to our customers are deemed approved. This applies in particular to certain necessary deviations (e.g. dimensions, colours, wood and veneer pattern, grain and structure, etc.).
WARRANTY / OBLIGATION TO EXAMINE AND GIVE NOTICE
1. We shall fulfil warranty claims of the client if there is a rectifiable defect, and here we are authorised to choose between replacement, reparation within a an appropriate period or a reduction in price. Claims for damages by the customer aimed at remedying the defect may not be asserted until we are in arrears with meeting the claims under warranty.
2. Within the terms of § 377 f HGB the customer shall be obliged to inspect the goods immediately or with a maximum of six working days after delivery. Defects discovered here shall be indicated to us in writing immediately and at the latest within 3 work days after their discovery and with notification of the type and of the extent of the defect. Concealed defects must be contested in writing immediately and at the latest within 3 work days after their discovery. If a defect is not reported in due time, the goods shall be regarded as approved.
COMPENSATION
1. All claims for damages against us are excluded in cases of slight and gross negligence. The burden to prove slight or gross negligence shall lie with the aggrieved party.
2. The statutory period of limitation for raising compensation for damage is three years. The regulations on damages in these GSDCs, or any other terms and conditions agreed, only apply if the claim for damages is made separately or instead of a warranty claim.
PRODUCT LIABILITY

Recourse claims as specified in § 12 of Austrian product liability law are excluded, unless the beneficiary of regress proves beyond doubt, that the fault has been caused in our sphere and at least was grossly negligent encumbered with debt.
RETENTION OF TITLE AND ITS ASSERTION
1. All goods are delivered by us under retention of title and remain our property until full payment.
2. In the event of reclamation or redemption of the goods under reservation of title by us, there shall be withdrawal from the contract if this is declared expressly. In case of taking back of goods we are – besides other debts – entitled to invoice eventual expenses for transport and manipulation.
3. If the customer revised or processed the delivered goods before all conditional claims have been fulfilled the customer shall not gain property to the goods. In this case we shall acquire the co-ownership of the new newly created object in the ratio of the value of the supplied goods to the value of the newly created goods at the moment of the processing.
4. The buyer is not allowed to pledge or to transfer the ownership of the goods as security to a third party until full payment is made. In case of distraint or other demands by third parties, the buyer is obliged to claim our proprietary right and to give us notice immediately.
5. Only a company whose business operation includes dealing with goods purchased by us, is allowed to dispose the goods until full payment is provided.
6. The customer bears the entire risk for the advanced goods, in particular for the risk of loss, safeguarding or loss in value.
ASSIGNMENT OF CLAIM
1. With delivery under reservation of proprietary rights, the customer already assigns his third party claims to us in form of payment – if they result from trading our products – until the final payment of our claims. Should a default in payment to us on the part of the customer arise, any sales revenue received are to be separated and can only be kept by the customer in our name. Within the parameters of the § 15 VerVG (administrative court) possible claims against an insurer have already been relinquished to us.
2. Accounts against us must not be transferred without our explicit agreement.
RETENTION

If the matter is not a consumer transaction, and the contract has not been rescinded, a validated claim of warranty entitles the Customer to retain an appropriate portion of the invoice gross amount, not the entire amount.
MISSED DEADLINES

If the client’s payment obligations must be in instalments, it shall be agreed that in case of delayed payment of even one instalment all remaining instalments become due immediately without further extensions of time.
CHOICE OF LAW / LEGAL VENUE

Austrian law applies to all disputes arising from this contract, the applicability of the UN purchase right becoming explicitly excluded. The language of the contract shall be German. The contracting parties submit to Austrian jurisdiction. The court according to the location of our company is exclusively responsible to rule about any disputes arising from this contract.
PRIVACY / CHANGE OF ADRESS AND COPYRIGHT
1. The customer gives his consent that personal data contained in the purchase contract will be electronically processed and saved by us as part of the contract administration procedure.
2. The customer is obliged to inform us of changes to his home or business address, until the contractual transaction has been fully completed by both parties. If the contractual partner fails to provide a valid address, declarations are considered valid if they have been sent to the last known address.
3. Plans, drafts or other technical documentation, and samples, catalogues, brochures, diagrams and similar, shall remain our intellectual property; the customer shall not be granted usage or exploitation rights of any kind whatever.
SEVERABILITY CLAUSE

Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this Agreement, the legal effectiveness of the other provisions is not affected.