General Terms and Conditions (GTC) of BLINOS GmbH
§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all legal relationships between BLINOS GmbH (hereinafter referred to as BLINOS) and its customers. BLINOS provides all deliveries and services exclusively on the basis of these terms and conditions. (2) The terms and conditions are available in their current version on the website of BLINOS under https://www.blinos.at. (3) The valid terms and conditions of BLINOS apply at the time of the order, unless otherwise agreed.
§ 2 General
(1) All documents relating to advertising material such as illustrations, drawings, brochures, measurements and weight specifications and other specifications are only approximate values and in particular represent no assurance of properties. (2) The customer must independently determine the dimensions of his window. For this purpose, a detailed instruction at https://www.blinos.at is available for retrieval, which must be followed by the customer precisely and with high precision. (3) BLINOS does not provide any installation services. (4) Every single BLINOS product is a custom-made product and specially manufactured according to the customer’s specifications.
§ 3 Conclusion of the contract
(1) By submitting the order form, the customer makes a binding offer directed to the conclusion of a purchase contract for the products listed therein. (2) The binding acceptance of the offer is made by an e-mail from BLINOS. As soon as this e-mail is sent, the production of the custom-made product is started. With production start the right of withdrawal of the customer expires. This e-mail also indicates the estimated delivery time.
§ 4 Cancellation Terms
(1) The right of withdrawal is excluded for products, which are manufactured according to customer specification (so-called individual productions) or are clearly tailored to the personal needs of the customer. As soon as the customer has been informed about the beginning of the production of his order (see point 3.2), a withdrawal or revocation due to the individual production of the products (see also point 2.4) is excluded. (2) The customer may revoke his contractual declaration in any form (for example by letter, fax, e-mail) within 14 days without stating any reasons, unless production has been started before that. To exercise the right of withdrawal, the customer must inform BLINOS GmbH, Bahngasse 6, 2700 Wiener Neustadt, E-mail: [email protected], Internet: https://www.blinos.at by means of a clear statement in any form about his decision to withdraw his offer. To safeguard the cancellation period, it is sufficient that the customer sends the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. (3) If the customer revokes the offer, BLINOS has to repay all payments that BLINOS received from the customer, including the shipping costs (except for the additional costs arising from the fact that the customer offers a different delivery than that offered by BLINOS). The repayment hast o happen immediately and at the latest within 14 days from the day on which the notification of the cancellation has been received by BLINOS. For this repayment, BLINOS uses the same means of payment used by the customer in the original transaction, unless otherwise expressly agreed with the customer. In no case will the customer be charged for this repayment fees. (4) Should the customer – for any reason whatsoever – have received a product that is not custom-made, the product is immediately to send back to BLINOS, but no later than within 14 days from the day on which the customer informed BLINOS about the revocation. The deadline is respected if the product is sent before the 14-day deadline. The customer bears the direct costs for the return of the products. BLINOS may refuse to repay it until the products have been received back or the customer has provided proof that he has returned the products, whichever is the earlier.
§ 5 Prices and Terms of Payment
(1) All prices are quoted in Euro including the respective statutory sales tax. (2) All prices do not include shipping costs. These are listed separately. (3) The purchase price and the shipping costs are due immediately upon submission of the binding order. Payment will be considered as accepted if the payment amount is being entered into the bank account of BLINOS. (4) In the event of late payment default interest of 5% shall be deemed agreed.
§ 6 Place of Fulfillment and Risk
(1) The place of fulfillment is the registered office of BLINOS GmbH, 2700 Wiener Neustadt, Bahngasse 6, unless otherwise provided by law. (2) The permitted mode of transportation is carriage by mail or a professional shipping or forwarding agency, e.g. DPD. (3) If the customer himself has concluded the contract of carriage without using any option proposed by BLINOS, the risk shall pass to the carrier upon delivery of the product.
§7 Delay and Acceptance Delay
(1) The delivery times and dates are followed by BLINOS if possible. Unless otherwise agreed, they are non-binding and are always to be considered as being the time of delivery to the carrier. (2) A withdrawal from the contract by the customer due to delay in delivery is only possible with an extension period of at least 2 weeks. The resignation is to be asserted in writing. The right of withdrawal relates only to the service section with regard to which there has been a delay. (3) If the customer does not accept the product, BLINOS can either insist on fulfillment of the contract or withdraw from the contract by setting a 2-week extension period and reuse the product elsewhere.
§ 8 Retention of Title
(1) The delivered products remain the property of BLINOS until full payment. Before complete payment, the customer is not entitled to resell or install the products. (2) The customer is not entitled to pledge reserved goods or assign them for security. In case of delay in payment, threatened suspension of payments or in the case of foreclosure against the customer, BLINOS is entitled to disassemble the reserved goods and / or otherwise take them back, without this being equivalent to a withdrawal from the contract. The customer is obliged to surrender. (3) In case of seizure or other use of the reserved goods by third parties, the customer is obliged to point out the ownership right of BLINOS and to inform BLINOS immediately. All costs and damages incurred by BLINOS due to such access by third parties are the responsibility of the customer.
§ 9 Warranty
(1) BLINOS warrants that the product has the expressly required or otherwise commonly assumed properties and is free from manufacturing and material defects. The warranty period is two years from the date of receipt of the product, subject to the following conditions. (2) If the assembly, operation, measurement or maintenance instructions are not followed, changes are made to the product, parts are replaced or consumables are used that do not conform to the original specifications, then any warranty is void, as far as the defect is attributable to it. This also applies insofar as the defect is due to improper installation, use, storage and handling of the product or interference with the product as well as improper opening of the packaging of the product. In this context, reference is made to the installation and assembly instructions on the website, which must be adhered to. (3) If the customer asserts any defects, BLINOS chooses if either the defective parts or the entire defective product together with a detailed description of the fault, stating the model and serial number, as well as a copy of the delivery note or invoice with which the product was delivered, was to send to BLINOS. (4) There are no warranty claims for wear parts and materials.
§ 10 Liability
(1) BLINOS is not liable for damages caused by slight negligence, except for personal injury. (2) For defects and consequential damages due to faulty installation or handling of products of BLINOS, especially contrary to the instructions on the website, no liability is accepted. In general, BLINOS assumes no liability for the installation. (3) The assessment of whether the assembly requirements are met and whether the assembly is permitted is the sole responsibility of the customer. BLINOS assumes no liability for this. (4) The customer is responsible for the measuring of his windows. BLINOS merely provides accurate instructions on the website, which must be followed carefully by the customer. BLINOS assumes no liability if the products cannot be mounted in the window due to incorrect measuring given by the customer. (5) Insofar as the liability of BLINOS is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of BLINOS. (6) The provisions of the Product Liability Act remain unaffected. (7) All information and information on the website of BLINOS (https://www.blinos.at) despite careful processing without guarantee; liability is excluded. Furthermore, BLINOS reserves the right to make changes and additions to the content without prior notice at any time, in particular to change the offer in the webshop.
§ 12 Other Provisions
(1) The assignment or pledging of claims or rights to which BLINOS is entitled is excluded without the consent of BLINOS. The prerequisite for the consent of BLINOS is the proof of a legitimate interest in the assignment or pledge. (2) A right of set-off of the customer exists only if his claim for a set-off has been legally established or has been recognized by BLINOS. (3) All agreements, additions, side agreements and the like must be in writing in order to be valid, including the agreement to depart from this formal requirement. (4) Should one or more provisions of these Terms and Conditions or of a contract of BLINOS be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The unenforceable or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
§ 13 Dispute Resolution
(1) The European Commission is providing an online dispute resolution platform, which can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main. home.show & lng = EN. You have the opportunity to use this platform for the settlement of disputes. (2) Online dispute resolution contact point according to the regulation (EU) No. 524/2013 is according to § 20 AStG the European consumer center Austria (http://europakonsument.at/).
§ 14 Applicable Law
(1) Austrian law applies excluding the UN sales law. (2) The exclusive place of jurisdiction for all legal disputes is the competent court at the headquarters of BLINOS in Wiener Neustadt. (3) If the customer is a consumer, the provisions of points 13.1 and 13.2 shall apply only to the extent that this does not deprive the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§ 15 Contact information
2700 Wiener Neustadt
Austria company register: FN 415608p
Regional court Wiener Neustadt
UID number: ATU 68723401
Status: Juni 2016
Alternative dispute resolution pursuant to Art. 14 Abs. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution platform, available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.