GT&C General Terms and Conditions Biohort GmbH, Pürnstein 43, 4120 Neufelden


1. Validity

The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions in the version valid at the time of the order; we do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. In this respect, the performance of the contract on our part shall not be deemed to be an agreement to terms and conditions deviating from our terms and conditions. These terms and conditions are also valid as a framework agreement for all further legal transactions between the parties.

The terms and conditions of Biohort GmbH are permanently available on www.biohort.com and can be called up and/or printed out at any time. The note can also be found on the order confirmations.

Individual agreements made in individual cases with the customer (including collateral agreements, reservations, amendments and supplements) take precedence over these general terms and conditions in any case and require written form. The change of this formal requirement is also subject to the written form requirement.

2. Conclusion of Contract

Prices and products (irrespective of the form of presentation and notification) of Biohort do not constitute a binding offer and are subject to change without obligation with regard to all information as well as characteristics such as weight and dimensions. These always constitute an invitation to submit an offer.

All orders and requests from third parties constitute a binding offer to conclude the contract. The acceptance of the offer by Biohort GmbH takes place either by sending an order confirmation or on the basis of the dispatch of goods (in the sense of the implied acceptance).

A confirmation of the receipt of the order according to § 10 ABS 2 ECG does not constitute an order confirmation within the meaning of the previous paragraph.

3. Price

All prices quoted by us are to be understood, unless otherwise expressly stated, excluding VAT. Should wage costs change due to collective agreements in the industry or internal company contracts, or should other cost centres relevant for the calculation or the costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing, etc., We are therefore entitled to increase or reduce the prices accordingly. In general, we reserve the right to make price/discount changes.

Costs of assembly and installation as well as any crane costs are not included and will be announced separately on customer request. If, at the time of conclusion of the contract, we do not yet have all the information that we require for the correct processing of the order for the materials, the customer must provide these details immediately. If the total costs have increased between the conclusion of the contract and the fulfilment of the customer's cooperation actions, we are entitled to make a corresponding price increase to compensate for the cost increases.

Payments are generally to be made in EUROS, whereby Biohort reserves the unilateral acceptance of foreign currencies. Prices quoted in foreign currencies do not constitute a claim for payment in the corresponding currency.

In contrast to this, the following applies to our online shop: The prices stated in our online shop include the local country-specific tax rates and shipping costs (mainland). Increased delivery fees on islands will be notified in advance on request and must be borne by the customer. If, due to country-specific customs regulations, export or import duties are to be prescribed, these are to be borne by the purchaser.

These statements with reference to orders to our online shop also apply analogously to the statements under point 7.

4. Terms of Payment, Interest on Arrears

Cash discount require a separate agreement. In the event of default in payment, including partial payments, any discount agreements shall also be repealed. Payments by the customer are only deemed to have been made at the time of receipt on our business account. There is no obligation to accept bills of exchange or checks. In the event of default of payment by the customer, we are entitled, at our option, to demand compensation for the actual damage incurred or - insofar as it is not a credit transaction with consumers - to set interest on arrears of 4 % above the basic interest rate of the Austrian National Bank. We can make the execution of an order conditional on an advance payment or payment of outstanding invoices from previous orders. In case of payment by credit card, Biohort GmbH reserves the right to check the credit card.

Unless otherwise agreed, the payment period shall be 14 days after receipt of the goods.

5. Withdrawal of The Contract

In the event of default of performance or acceptance on the part of the customer (point 9) or other important reasons, such as in particular bankruptcy/insolvency of the customer or bankruptcy rejection due to lack of assets, as well as in the case of default of payment of the customer, we are entitled to withdraw from the contract unilaterally or to adjust the contract to ensure full performance. In the event of default of payment by the customer, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to demand advance payments or guarantees or to withdraw from the contract after setting a grace period of 14 days.

In the event of a withdrawal, we have the option of seeking a lump-sum compensation of 20% of the gross invoice amount and additionally compensation for the actual damage incurred in the event of a corresponding fault.

6. Revocation according to FAGG

According to the distance selling Act (FAGG), a legal right to withdraw from the contract exists for end customers (=consumers) of our online shop within 14 days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods. There is no need to provide any reasons for this.

In order to exercise the right of withdrawal, we must be provided with a clear declaration (e.g. a letter, fax or e-mail sent by post) regarding the decision to revoke the contract. In order to maintain the withdrawal period, it is sufficient that the notice of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period. A sample withdrawal form can be found at this Link.

If the contract is revoked, we shall repay all payments we have received for this purpose without delay and at the latest within fourteen days from the day on which we received the notice of revocation of this contract. We will use the same means of payment used in the original transaction, unless otherwise expressly agreed; in no case will fees be charged for such repayment. We may refuse to refund until we have received proof that the goods have been handed over. Any loss of value of the goods shall be reimbursed if this loss of value is attributable to a treatment not necessary for the examination of the nature, characteristics and functioning of the goods.

The direct costs of returning the goods are to be borne by the consumer, if due to the nature a dispatch by post is possible. Otherwise, the costs according to § 15 para. 3 FAGG are to be borne by us.

A right of withdrawal does not apply to contracts for the supply of goods that are not pre-fabricated and for the production of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. As a rule, this applies to all our products, which can be individually designed in our online configurator. In the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their sealing has been removed after delivery and in the case of contracts for the supply of goods, if these were inseparably mixed with other goods after delivery due to their nature, there is also no right of withdrawal.

7. Dunning and Collection Charges

In the event of default in payment, the customer shall reimburse the costs incurred by us in the amount of a flat-rate of € 45,- per reminder issued and an amount of € 5,- per half-year for the preservation of evidence of the debt relationship in the dunning system. After unsuccessful second reminder, we are entitled to appoint a collection agency whose costs the customer has to reimburse us.

8. Delivery, Transport

Unless otherwise stated, our sales prices do not include costs for delivery, assembly or installation. Unless otherwise agreed, the risk shall pass to the customer as soon as the goods have left the warehouse of Biohort GmbH. From this point on, the customer shall bear any risk of loss by means of transport. If the customer is a consumer, the risk shall pass only as soon as the goods have been handed over by the carrier to this or to a third party designated by the carrier, unless the consumer himself has concluded the transport contract without using the options proposed by Biohort GmbH. Biohort GmbH is entitled to carry out partial deliveries as far as these are reasonable for the customer and without the customer being charged additional delivery costs. Biohort GmbH reserves the right, however, to combine several ordered items in one delivery.

If a delivery is made by a carrier chosen by us, the customer must ensure that the order address has an access route with a minimum width of 2.7m and that the ground is passable for a 38T truck. Biohort is not liable for damage in connection with inadequate design of the road surface.

9. Delivery Period, Delay in Acceptance

We are only obliged to perform the services as soon as the customer has fulfilled all his obligations, which are necessary for the execution, in particular all technical and contractual details, preliminary work and preparatory measures. The information must be provided in writing at the request of Biohort GmbH. We are entitled to exceed the agreed deadlines and delivery periods by up to 7 working days. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period.

The customer undertakes to take over the ordered deliveries at the agreed date. If the proper delivery is confirmed by persons who are not contractually capable of acting on the premises of the customer, this confirmation is binding for the customer. If the customer is not present at the agreed date and the goods will not be accepted as agreed (delay in acceptance), a replacement date will be announced. The delivery costs for the 2nd journey as well as an accruing storage fee of 1% of the gross invoice amount per commenced calendar day shall be borne by the customer if the necessity of a 2nd journey is the fault of the customer If the goods are not taken over at the replacement date either, Biohort GmbH has the right to either store the goods at its premises or at the premises of an authorised tradesman at the risk of the customer, charging the above-mentioned storage fee (plus VAT at the statutory rate), and to insist on fulfilment of the contract, or to withdraw from the contract and to return the goods, in which case the customer must pay the costs of the return and the necessary repackaging for resale; Biohort GmbH's right to claim further damages remains unaffected.

10. Place of Performance

The place of performance is the registered office of Biohort GmbH, 4120 Neufelden, Austria.

11. Minor Changes in Performance

If it is not a consumer business, minor or other changes to our service or delivery obligation that are reasonable for our customers are deemed to have been approved in advance. This applies in particular to deviations caused by the matter (e.g., in the case of dimensions, colours, materials, etc.). We reserve the right to make design changes.

12. Warranty, Guarantee, Examination and Complaint

Product images do not always have to match the appearance of the supplied products. We fulfil warranty claims of the customer in the event of a recoverable defect at our discretion either by exchange, repair within a reasonable period or price reduction. In case of replacement, the spare part will be shipped free of charge. The replacement itself is to be carried out by the customer at his own expense. Claims for damages by the customer, which aim to remedy the defect, can only be asserted if we are in default with the fulfilment of the warranty claims.

The following applies to business:
Within the meaning of §§ 377 f UGB, the goods must be inspected immediately after delivery, but at the latest within 6 working days. Any defects found in this case must be notified to us in writing without delay, but at the latest within 3 working days after their discovery, and with notification of the nature and extent of the defect. Biohort GmbH may, on request, request further photos and proof of the customer for a more precise determination. Concealed defects must be notified in writing immediately, but at the latest within 3 working days of their discovery. If a notice of defects is not made or not filed in time, the goods are deemed to be approved.

The following applies to consumer transactions:
The customer must be present at the time of delivery of the goods and note any obvious transport damage on the transfer certificate. Transport damage must be notified to Biohort in writing (by means of pictures) within 7 days of receipt of the goods. Documentation (pictures) of obvious transport damage must be carried out before opening the transport packaging.

Any separately agreed guarantees or warranty conditions exist independently of statutory requirements and are exclusively of a private legal nature. A legal analogue with regard to the design or an influence on a legal warranty claim is excluded.

All Biohort products are basically packed in cartons for self-assembly (incl. photo assembly instructions) and are delivered disassembled and not assembled. Please note that there may be minimal colour variations in spare parts and re-orders due to different material batches.

13. Damages

With the exception of personal injury, claims for damages in cases of slight negligence are excluded. Additional costs due to delays or other additional expenses during assembly cannot be claimed (e.g. products cannot be assembled due to delivery damage). If consequential damage occurs due to transport damage, these are excluded. The injured party must prove the existence of negligence, unless it is a consumer transaction. If it is not a consumer business, the limitation period for claims for damages is two years from the transfer of risk.

The provisions on damages contained in these Terms and Conditions or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or in place of a warranty claim.

14. Product Liability

Recourse claims in mutually company-related business within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.

15. Assembly Service

The location specified in the context of the assembly of Biohort products must have a suitable load carrying capacity and, in particular, must be free of cables or other contamination when installing floor frames with a (SmartBase/SmartBase Plus) foundation. The client is subject to a duty to speak. In any case, the contractor may assume that it is suitable and shall not be liable for any damage of any kind, such as, for example, on any corresponding lines.

The customer must ensure that all necessary public-law permits (as well as notices) are available at the start of the installation (obligation to speak). In the absence of further information, the contractor may at any rate assume the existence of all files.

16. Reservation of Title and its Enforcement

All goods are delivered by us under reservation of title and remain our property until full payment. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. In the case of return of goods, we are entitled to charge any transport and manipulation expenses incurred. In the event of third-party access to the reserved goods - in particular through seizure - the customer undertakes to point out our property and to notify us immediately. If the customer is a consumer or not an entrepreneur whose normal business includes trading in the goods acquired by us, he may not dispose of the reserved goods, in particular not sell, pledge, give or lend them until the full settlement of the open purchase price claim. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration. If the customer is in default with his payment obligations, if insolvency proceedings are filed or opened for his assets or if he violates other contractual obligations, Biohort GmbH is entitled - at its option, while maintaining the contract - to demand the return of the reserved goods and/or to collect them.

17. Netting, Assignment of Receivables

The customer waives the possibility of offsetting. In the case of delivery under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, on account of payment until final payment of our claims. Upon request, the customer shall name his buyers and notify them of the assignment in due time. The assignment shall be made apparent to the customer in the business books, delivery notes, invoices, etc. The customer shall inform us of the assignment in good time. If the customer is in default with his payments to us, the sales proceeds received by him shall be segregated and the customer shall hold them only in our name. Any claims against an insurer are already assigned to us within the limits of § 15 VersVG. Claims against us may not be assigned without our express consent.

18. Retention

If the transaction is not a consumer business, the customer is entitled to withhold the entire amount, but only a reasonable part of the gross invoice amount, in the case of justified complaints, except in the case of reverse processing.

19. Applicable Law, Place of Jurisdiction

Austrian law applies. The applicability of the UN Convention on contracts for the International Sale of goods is expressly excluded. The contract language is German. The Contracting Parties agree on Austrian, domestic jurisdiction. If it is not a consumer business, the court of competent jurisdiction at the registered office of our company shall have exclusive jurisdiction to determine all disputes arising from this contract.

Biohort GmbH is not prepared or obliged to take part in dispute settlement proceedings before a consumer settlement body.

20. Change of Address and Copyright

The customer is obliged to notify us of changes in his residential or business address as long as the contractual legal transaction is not fully fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received if they are sent to the last address announced.

Any additional costs due to incorrect address data shall be borne by the customer.

Plans, sketches or other technical documents, as well as samples, catalogues, brochures, illustrations and the like, always remain our intellectual property; the customer does not receive any kind of work use or exploitation rights.

21. Severability Clause

Should individual provisions of this contract be ineffective or impracticable or become ineffective or impracticable after conclusion of the contract, the validity of the remaining provisions of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic objective pursued by the parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.