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Hütteldorferstraße 171/7-10
1140 Wien

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+43-660-260-9208

Email

office@diefelsen.at

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Legal Notice

Terms and Conditions

Terms and Conditions

1.General conditions

1.1 These General Terms and Conditions shall apply between DAD Interiors GmbH (hereinafter referred to as “DAD”) and natural persons and legal entities (hereinafter referred to as “contracting parties”) for the legal transaction in question and, vis-à-vis business contracting parties, also for all future transactions, even if no express reference is made to them in individual cases, in particular for future supplementary or follow-up orders.

1.2 The version of DAD’s General Terms and Conditions current at the time of conclusion of the contract, available on DAD’s homepage at www.dadinteriors.at, shall apply to entrepreneurial contractual partners. Otherwise, the current version of the GTC of DAD is displayed in the business premises of DAD.

1.3 DAD contracts exclusively on the basis of its GTC.

1.4 The contracting partner’s terms and conditions or amendments or supplements to DAD’s GTC shall require DAD’s express consent – in writing vis-à-vis entrepreneurial contracting partners – in order to be valid.

1.5 The contracting partner’s terms and conditions shall not be recognized even if DAD does not expressly object to them after receipt.

1.6 Offers by DAD are subject to change and non-binding. Orders placed with DAD require written order confirmation by DAD. This is decisive for the scope of DAD’s delivery/service. Orders to DAD shall also be deemed accepted if DAD executes the order. All agreements, including subsidiary agreements, require written confirmation by DAD to be legally effective. Representatives and agents of DAD have no authority to conclude contracts; agreements made with them therefore only become binding after written confirmation by DAD.

1.7 If deadlines are specified, these are specified as working days and are understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays.

1.8 However, payment by DAD shall not affect its right to claim defects in the contract. The unconditional payment of DAD shall not be deemed as acceptance.

1.9 The entrepreneurial contractual partner waives the assertion of rights of retention and other counter-rights against DAD unless he is entitled to undisputed or legally established counter-claims from the same contractual relationship against DAD.

2. Offer of DAD/ Conclusion of contract with DAD

2.1 DAD’s offers are non-binding and subject to change.

2.2 Promises, assurances and guarantees on the part of DAD or agreements deviating from these GTC in connection with the conclusion of the contract shall only become binding vis-à-vis entrepreneurial contractual partners upon written confirmation by DAD.

2.3 Cost estimates by DAD are prepared without warranty and are subject to payment. Consumers shall be informed of the cost obligation before DAD prepares the cost estimate. If DAD is commissioned with all services included in the cost estimate, the fee for the cost estimate shall be credited to the invoice in question.

2.4 All cost estimates, offers, technical documents including the specifications, etc., shall remain the intellectual property of DAD and may not be used otherwise (without prior written consent of DAD).

3. Prices of DAD

3.1 DAD’s prices are Euro prices, to which value added tax shall be added at the respective statutory rate. Packaging, transport, loading and shipping costs of DAD as well as customs duty and insurance shall be borne by the entrepreneurial contractual partner. These costs shall only be charged to consumers as contractual partners of DAD if this has been negotiated in an individual contract. DAD is only obliged to take back packaging if this has been expressly agreed.

3.2 Price quotations by DAD are generally not to be understood as all-inclusive prices.

3.3 Either the offer or the price list of DAD valid at the time of conclusion of the contract – and if available – shall be authoritative for the pricing of DAD. If a period longer than four months lies between conclusion of the contract and performance of the service, DAD shall be entitled to change the price in the same percentage ratio resulting from the comparison of the Consumer Price Index 2022 (CPI) and the delivery/service at the time of conclusion of the contract.

3.4 For services ordered by the Contractual Partner which are not covered by the original order, DAD shall be entitled to appropriate remuneration.

3.5 The contracting partner shall arrange for the professional and environmentally compatible disposal of old material. If DAD is separately commissioned to do so, the contracting partner shall additionally remunerate DAD to the extent agreed upon for this, or, in the absence of a remuneration agreement, appropriately.

4. Provided devices of the DAD

4.1 Each device used by DAD and subject to the order (e.g. ____________, etc.) shall be checked for proper functioning prior to commissioning and shall be expressly deemed to have been granted upon commissioning.

4.2 If devices or other materials are provided by the contractual partner, DAD is entitled to charge the contractual partner a surcharge for the devices or materials provided. At DAD’s request, the contracting partner shall be obliged to disclose the value of the respective equipment (replacement value) or materials (purchase price) to DAD, unless otherwise agreed in the individual case.

4.3 Such equipment and other materials provided by the contractual partner are not subject to warranty obligations of DAD.

4.4 The quality and operational readiness of equipment provided shall be the sole responsibility of the contractual partner. Accordingly, no claims, for whatever legal reason (in particular no warranty claims and claims for damages), can be derived from this against DAD.

4.5 The contractual partner shall be responsible for the supply of electricity and water and for ensuring that all fire and building regulations are complied with. DAD expressly assumes no liability whatsoever for any damages resulting from this, for whatever legal reason. The contractual partner is liable for ensuring that the necessary constructional, technical and legal prerequisites for the work to be carried out are given, which were described in the contract or information provided prior to the conclusion of the contract or which the contractual partner should have known due to relevant specialist knowledge or experience.

5. Payment to DAD

5.1 One third of the remuneration shall be due upon conclusion of the contract, one third upon commencement of performance, and the remainder after completion of performance, unless another or deviating agreement has been made with DAD in the respective order.

5.2 Upon DAD’s request, the contractual partner shall make partial payments in accordance with the progress of the performance. The provision of security of § 1170b ABGB is agreed.

5.3 The contractual partner of DAD may neither postpone the (partial) payments nor dispose of them in any other way beyond the agreed due date and delay it. The contracting parties shall reach a separate agreement on any reasons that could justify a delay. If the contractual partner of DAD defaults on even one (partial) payment, DAD shall in any case be entitled to postpone the fulfillment of any obligations entered into vis-à-vis the contractual partner, in particular work obligations.

5.4 The entitlement to a cash discount deduction by the contractual partner shall require an express agreement with DAD – in writing in the case of entrepreneurial contractual partners.

5.5 Payment dedications made by the contractual partner on remittance slips are not binding for DAD.

5.6 In the case of culpable default of payment, DAD is entitled to charge 9.2% p.a. above the base interest rate to business contract partners in the sense of § 456 of the Austrian Commercial Code (UGB). Towards consumers as contractual partners, DAD is entitled to charge the legal default interest in the sense of § 1333 ABGB iVm § 1000 ABGB.

5.7 DAD reserves the right to claim further damage caused by default, however, vis-à-vis consumers as contractual partners only if this is negotiated in detail.

5.8 If the entrepreneurial contractual partner defaults on payment within the scope of other contractual relationships existing with DAD, DAD shall be entitled to suspend performance of its obligations under this contract until performance by the contractual partner.

5.9 DAD shall then also be entitled to declare due all claims for services already rendered from the current business relationship with the contractual partner. This applies to consumers as contractual partners only in the event that an overdue service has been due for at least four weeks and DAD has unsuccessfully reminded the consumer as contractual partner under threat of this consequence, setting a grace period of at least two weeks.

5.10 The contractual partner shall only be entitled to a right of set-off insofar as counterclaims have been determined by a court or have been expressly acknowledged by DAD in writing. Consumers as contractual partners are also entitled to a right of set-off insofar as counterclaims are legally related to the contractual partner’s payment obligation, as well as in the event of DAD’s insolvency.

5.11 If the payment deadline is exceeded, deductions granted by DAD (discounts, deductions, etc.) shall be forfeited and DAD shall therefore be entitled to charge these to the contract partner.

5.12 In the event of a delay in payment for which DAD is responsible, the contractual partner shall be obliged to pay reminder fees of at least EUR 10.00 for reminders that are necessary and appropriate for collection, insofar as this is in reasonable proportion to the claim pursued. In all other respects, the statutory provisions of § 1333 ABGB apply. Irrespective of this, DAD shall be entitled in the case of default of payment towards entrepreneurial contractual partners in any case to claim compensation for the costs of the default in payment within the meaning of § 458 S. 1 of the Austrian Commercial Code (UGB) to charge compensation for collection costs in the amount of EUR 40.00. Further claims of DAD remain unaffected by this in terms of § 458 S. 2 UGB shall remain unaffected.

6. Credit assessment by DAD

6.1 The Contractual Partner declares its express consent that its data may be transmitted to the state-preferred creditor protection associations Alpenländischer Kreditorenverband (AKV), Österreichischer Verband Creditreform (ÖVC), Insolvenzschutzverband für Arbeitnehmer oder Arbeitnehmerinnen (ISA) and Kreditschutzverband von 1870 (KSV) exclusively for the purpose of creditor protection.

7. Cooperation obligations of the contractual partner

7.1 DAD’s obligation to perform the service shall commence at the earliest as soon as the contractual partner has created all structural, technical and legal prerequisites for performance, which were described in the contract or in the information provided prior to conclusion of the contract or which the contractual partner should have known due to relevant expertise or experience.

7.2 In particular, the contracting partner shall provide, without being requested to do so, the necessary information on the location of concealed electricity, gas and water lines or similar devices (e.g. underfloor heating, etc.), escape routes, other obstacles of a structural nature, other possible sources of disruption, sources of danger, as well as the necessary structural data and any projected changes in this regard before DAD starts performing the service. Order-related details regarding the necessary information can be requested from DAD.

7.3 If the contractual partner does not comply with this duty to cooperate, the performance of DAD shall not be defective – exclusively with regard to the performance that is not fully given due to incorrect information provided by the contractual partner.

7.4 The contractual partner shall arrange for the necessary approvals of third parties as well as notifications and approvals by authorities at his own expense. DAD shall refer to these within the scope of the conclusion of the contract, unless the contractual partner has waived this or the entrepreneurial contractual partner should have such knowledge due to training or experience.

7.5 The contracting partner shall provide the energy and water quantities required for the performance of the service, including the trial operation, at the contracting partner’s expense.

7.6 The contractual partner shall provide DAD with lockable rooms for the stay of workers as well as for the storage of tools and materials free of charge for the period of performance.

7.7 Order-related details of the necessary information can be requested from DAD.

7.8 The contractual partner is not entitled to assign claims and rights from the contractual relationship without the written consent of DAD.

8. Performance of services by DAD

8.1 DAD shall only be obligated to take into account subsequent requests for changes and extensions in the sense of a supplementary/additional order of the contractual partner if they are necessary for technical reasons in order to achieve the purpose of the contract.

8.2 Minor changes to DAD’s performance that are objectively justified and reasonable for the contractual partner shall be deemed to have been approved in advance. This right only exists vis-à-vis consumers if it is negotiated on a case-by-case basis.

8.3 If, after the order has been placed, a change or addition is made to DAD’s order for whatever reason, DAD’s delivery/service period shall be extended by a reasonable period of time.

8.4 If the contractual partner requests performance within a shorter period after conclusion of the contract, this shall constitute an amendment to the contract. As a result, overtime may become necessary for DAD and/or additional costs may be incurred due to the acceleration of material procurement, and DAD’s remuneration shall increase in proportion to the reasonably necessary additional expenditure.

8.5 Partial deliveries and services by DAD that are objectively justified (e.g. plant size, construction progress, etc.) are permissible and can be invoiced separately.

9. Performance deadlines and dates of DAD

9.1 Deadlines and dates of DAD shall be postponed in the event of force majeure, strike, unforeseeable delays of its suppliers for which DAD is not responsible or other comparable events that are not within the sphere of influence of DAD, for the period of time during which the corresponding event lasts. This does not affect the contractual partner’s right to withdraw from the contract in the event of delays that make it unreasonable to commit to the contract.

9.2 If the start of performance or performance is delayed or interrupted due to circumstances attributable to the contractual partner, in particular due to a breach of the cooperation obligations pursuant to item 7 of these GTC, performance deadlines of DAD shall be extended accordingly and agreed completion dates of DAD shall be postponed accordingly.

9.3 If the contractual partner does not remedy the circumstances of the delay within a reasonable period set by DAD, DAD shall be entitled to invoice the services performed to date and to otherwise dispose of the material already provided. Any further claims of DAD shall remain unaffected by this.

9.4 DAD is entitled to charge 5% of the invoice amount of the total order for each commenced month of delay in performance for the resulting necessary storage of materials and equipment and the like in its company, whereby the contractual partner’s obligation to pay and his obligation to accept shall remain unaffected.

9.5 Delivery and completion dates of DAD shall only be binding for business partners if they have been promised in writing.

Default of acceptance

10.1 If the contractual partner is in default of acceptance for more than one week (refusal of acceptance, default with advance performance or otherwise) and if the contractual partner has not ensured the elimination of the circumstances attributable to him that delay or prevent the performance of the service despite having been granted a reasonable grace period, DAD shall be entitled to otherwise dispose of the equipment and materials specified for the performance of the service while the contract remains in force, provided that DAD is able to procure them within a period of time that is reasonable under the respective circumstances if the performance of the service is continued.

10.2 In the event of default of acceptance on the part of the contractual partner, DAD is also entitled to store the material if it insists on performance of the contract, for which it is entitled to a reasonable storage fee (cf. 9.4).

10.3 In the event of a justified withdrawal from the contract, DAD may demand lump-sum damages from the contractual partner in the amount of 30% of the order value plus VAT without providing evidence of the actual damage. The obligation to pay damages is independent of fault in the case of an entrepreneurial contractual partner. The assertion of further claims for damages by DAD remains unaffected by this.

11. Retention of title of DAD

11.1 The material delivered, assembled or otherwise handed over by DAD shall remain its property until full payment has been made.

11.2 The contracting party shall immediately notify DAD of the opening of insolvency proceedings against its assets or of the seizure of DAD’s reserved material.

11.3 If, after conclusion of the contract, DAD becomes aware of circumstances regarding the contracting partner’s lack of solvency or his poor economic situation, DAD shall be entitled to immediately invoice all services rendered, to make them due and payable, and to make the continuation of the work dependent on the provision of corresponding securities by the contracting partner.

11.4 The contracting partner shall bear any necessary costs and costs reasonable for appropriate legal prosecution.

12. Property rights of third parties

12.1 If the contracting partner contributes intellectual creations or documents and if third-party property rights are asserted with regard to such creations, DAD shall be entitled to stop production of the work at the risk of the customer until the rights of third parties have been clarified on site, and to claim reimbursement of the necessary and appropriate costs incurred by DAD, unless the unjustified nature of the claims is obvious and is proven by the contracting partner.

12.2 The contractual partner shall indemnify and hold DAD harmless in this respect.

12.3 For work performances that DAD produces according to contract partner documents (design data, drawings, models or other specifications, etc.), the contract partner exclusively assumes the warranty that the production of these work performances does not violate third-party property rights. In this respect, the contractual partner shall also indemnify DAD and hold it harmless from any legal action or execution.

13. Intellectual property of DAD

13.1 Plans, sketches, cost estimates and other documents provided by DAD or created by its contribution shall remain the intellectual property of DAD.

13.2 The use of such documents outside of the intended use, in particular the passing on, duplication, publication and making available, including copying even of extracts, shall require the express written consent of DAD.

13.3 The contractual partner further undertakes to maintain secrecy vis-à-vis third parties with regard to knowledge, information, etc. received from the business relationship with DAD.

14. Warranty of the DAD

14.1 The provisions on the statutory warranty shall apply. The warranty period for services vis-à-vis entrepreneurial contractual partners is one year from handover. Warranty claims are to be reported in writing by the contractual partner to DAD within 5 days of the defect becoming known, otherwise they are excluded.

14.2 In the absence of a deviating agreement (e.g. formal acceptance), the time of handover shall be the time of completion, at the latest when the contractual partner has taken over the service in his power of disposal or has refused to take over the service without stating reasons, or the time of invoicing by DAD.

14.3 If a joint handover is planned and the Contractual Partner fails to attend the handover date notified to him, the handover shall be deemed to have taken place on this date.

14.4 Remedies by DAD of a defect claimed by the contracting partner do not constitute an acknowledgement of this defect claimed by the contracting partner.

14.5 The entrepreneurial contractual partner shall grant DAD at least two attempts to remedy defects.

14.6 If the contractual partner’s claims of defects are unjustified, the contractual partner shall be obliged to reimburse DAD for expenses incurred in determining that the goods are free of defects or in remedying defects.

14.7 The entrepreneurial contractual partner must always prove that the defect was already present at the time of handover.

14.8 In order to remedy defects, the contractual partner shall make the defective work accessible to DAD without culpable delay and grant DAD the opportunity to be inspected by DAD itself or by experts appointed by DAD.

14.9 Any use or processing of the defective object of performance that threatens further damage or makes it difficult or impossible to determine the cause shall be discontinued by the contracting partner without delay, unless this is unreasonable.

14.10 If a notice of defect is not raised in due time, the work shall be deemed approved.

14.11 DAD may avert a claim for redhibitory action by improvement or reasonable price reduction, provided the defect is not substantial and irremediable.

14.12 The contracting party shall grant DAD reasonable time and opportunity to remedy the defect. The Contractual Partner’s right to assert claims arising from defects shall become statute-barred after six months from the time of proper notification of the defect, but at the latest upon expiry of the warranty period.

14.13 Only in urgent cases of danger to safety and to avert major damage (in which case DAD must be notified immediately), or if DAD is in default with remedying the defect, the contracting party shall have the right to remedy the defect itself and have it remedied by third parties and to demand reasonable compensation from DAD for the justified costs.

14.14 If the work is produced on the basis of information, drawings, plans, models or other specifications of the contracting party, DAD shall only warrant for the execution in accordance with the conditions. In particular, DAD shall not assume any warranty for materials and equipment provided by the contractual partner for the contract.

14.15 The fact that the work is not fully suitable for the agreed use shall not constitute a defect if this is based exclusively on deviating actual conditions from the information available to DAD at the time of performance of the service because the contractual partner does not comply with his obligations to cooperate.

14.16 The warranty shall expire if the contractual partner or third parties make changes or repairs to DAD’s work without DAD’s written consent or if the contractual partner does not immediately take suitable measures to prevent the increase in damage and to enable DAD to remedy the defect.

15. Disclaimer of DAD

15.1 In the event of the occurrence of a damage, the contractual partner shall be obliged to report as well as to prove and it shall be deemed agreed that the contractual partner shall document the damage. For this purpose, written notification is required within 5 days, otherwise exclusion.

15.2 If DAD is obligated to pay damages, these are only to be paid in the amount of the objective damage; in particular, an obligation to pay damages for lost profit is excluded.

15.3 In relation to entrepreneurial contractual partners, DAD’s liability is in any case limited to the maximum liability amount of the liability insurance taken out by DAD.

15.4 The contractual partner expressly acknowledges that DAD’s liability based on all claims arising from the contract is excluded for slightly negligent actions of DAD. Excluded from exclusion of liability are intentional or grossly negligent actions of DAD as well as liability for personal injury to the extent provided by law. The existence of gross negligence on the part of DAD must in any case be proven by the entrepreneurial contractual partner. In all other respects, the statutory provisions on exclusion of liability shall apply to the consumer as contractual partner.

15.5 Liability for claims arising from any violations of the duty to inspect or warn by DAD vis-à-vis the contractual partner (duty to inspect and warn pursuant to Section 1168a S 3 of the Austrian Civil Code) shall be limited to intentional or grossly negligent actions by DAD.

15.6 Claims for damages of entrepreneurial contractual partners shall be asserted in court within one year, otherwise they shall expire.

15.7 In any case, the entrepreneurial contractual partner waives the right to contest the contract due to a reduction of more than half of the true value (laesio enormis §§ 934 f ABGB) in accordance with the provisions of § 351 UGB. Furthermore, the contestation of the contract due to error by the entrepreneurial contractual partner within the meaning of § 871 ABGB is excluded.

15.8 DAD’s liability is excluded in any case for damage caused by improper handling or storage, overuse, non-compliance with operating and installation instructions, faulty assembly, commissioning, maintenance, servicing by the contractual partner or third parties not authorized by DAD, or natural wear and tear, provided this event was causal for the damage. Likewise, the exclusion of liability exists for omission of necessary maintenance, unless DAD has contractually assumed the duty of maintenance.

15.9 If and insofar as the contractual partner can claim insurance benefits for damage for which DAD is liable through its own damage insurance policy or one taken out in its favor (e.g. liability insurance, hull insurance, transport, fire, business interruption and others), the contractual partner undertakes to claim the insurance benefit and DAD’s liability is limited to the disadvantages incurred by the contractual partner as a result of claiming this insurance (e.g. higher insurance premium).

16. Equipment/machinery owned by DAD

16.1 After the start of the rental period, i.e. after the equipment has been set up in the property of DAD, the contractual partner shall be liable for all damage to this equipment/machinery of DAD, even if this is only caused by slight negligence. In addition, the contractual partner shall assume liability for those damages incurred by DAD to this equipment due to theft or destruction, whether due to force majeure, or for unlawfully culpably caused damages.

16.2 In the event of damage to or destruction of a device/machine, DAD shall be entitled to offset both the current value damage and the costs for lost profit due to the loss/damage of the device.

16.3 In the case of condensation dryers, the contractual partner undertakes to empty the corresponding collection containers on a daily basis and expressly declares to have been informed by DAD employees about the consequences of non-emptying. Damage caused by non-emptying despite explanation shall be borne by the contractual partner.

17. Applicable law, place of performance and agreement on jurisdiction

17.1 Formal and substantive Austrian law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and all other conflict-of-law rules is expressly excluded. The contract language is exclusively German.

17.2 Place of performance is exclusively the registered office of DAD in 1140 Vienna.

17.3 The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between DAD and the entrepreneurial contractual partner is exclusively the court with local and subject-matter jurisdiction for the registered office of DAD in 1140 Vienna.

17.4 The contractual partner shall immediately notify DAD in writing of any changes to its name, company, address, legal form or other relevant information. DAD shall not be liable for any damages resulting from the contracting party’s disregard of this provision and the contracting party shall indemnify, hold harmless and execute DAD in this respect.

18. Severability clause

18.1 Should individual parts of these GTC of DAD be or become invalid, this shall not affect the validity of the remaining provisions. Should the provisions underlying these Terms and Conditions change, the new statutory provisions shall be deemed agreed in the relationship between the parties, insofar as these also have a mandatory character for commercial legal transactions. Any ineffective provisions shall be replaced by those that come closest to the intended economic purpose by way of supplementary interpretation of the contract.

18.2 DAD as well as the entrepreneurial contractual partner undertake now to jointly – based on the horizon of honest contractual parties – make a substitute provision that comes as close as possible to the economic result of the ineffective condition.

19.Data protection

DAD Interiors GmbH processed the personal data concerning you for the performance of the contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 lit. b DSGVO, as well as for information and marketing purposes pursuant to Art. 6 para. 1 lit. a and f DSGVO. Without this data, we cannot conclude or fulfill the contract with you.

For the purpose of contract execution, it is necessary to pass on your personal data to internal and external service providers. The aforementioned third parties are commissioned by DAD Interiors GmbH as processors within the meaning of Art. 28 DSGVO and are obliged to ensure data security in accordance with Art. 24 and 32 DSGVO. Your data will only be processed within the EU.

We store the personal data concerning them exclusively within the framework of legal obligations.

Every customer who provides personal data to DAD Interiors GmbH has a right to information pursuant to Chapter III DSGVO, pursuant to Art. 12/13 DSGVO, information pursuant to Art. 15 DSGVO, as well as the right to rectification or deletion of personal data and restriction of processing pursuant to DSGVO. In the event of a complaint, they may contact the competent authority (Data Protection Authority, Wickenburggasse 8, 1080 Vienna).