Terms of service

SKIRAUM.AT

Regensburger Handels GmbH
represented by: Serafin Regensburger

Dorf 352
6542 Pfunds / Tyrol, Austria

Email: info@skiraum.at
Telephone: +43 5474 / 5500

VAT ID: ATU 52031304
Company Register No.: 206900s
Regional Court of Innsbruck

These Terms and Conditions shall apply from 1 October 2023.

§ 1 Scope of Application and Conclusion of Contract

(1) These Terms and Conditions apply to all deliveries of goods made by us. The customer acknowledges these Terms and Conditions by placing an order. Any amendments or supplementary agreements to these Terms and Conditions require our written confirmation to be valid and shall apply only to the individual transaction. Any terms and conditions of the customer that deviate from these Terms and Conditions are expressly rejected.

(2) Our offers are entirely non-binding; this means that the customer's order only becomes binding upon our order confirmation or upon delivery of the goods by us.

(3) Before concluding the contract, we offer our customers the following services:
– non-binding, personal consultation on site,
– planning using 3D software,
– presentation of the planning and furnishing options.

(4) We reserve the right to change product availability, make changes to products due to technical developments, carry out model changes and correct any printing errors in our catalogue (available for download on our website at www.schiraum.at). Product availability can be requested online via the contact form on our website.

§ 2 Delivery and Installation

(1) Delivery shall be carried out by a forwarding company commissioned by us. Upon request and in agreement with us, delivery and installation may also be carried out by our employees.

(2) Before delivery, our customers must inform us of any existing obstacles that could prevent trouble-free access to the property. The customer must ensure that the premises are prepared for installation by the agreed delivery date. In the event of difficult conditions, any additional costs incurred shall be invoiced separately.

(3) The SuperDRY system for heating must be connected to the heating system's hot-water circuit by an installer selected by the customer.

(4) The delivery period and delivery date shall be agreed with our customers. As our goods are manufactured periodically and according to individual orders, the agreed delivery period and delivery date are to be regarded as approximate dates, although they can generally be met. We make every effort to prevent delays in deadlines and delivery dates to the greatest possible extent through reliable delivery-date monitoring. This applies in particular to expressly confirmed fixed-date transactions. However, we cannot be held liable for delays caused by our upstream suppliers, unless such delays are due to intent or gross negligence on our part.

(5) Our customer undertakes to accept the ordered deliveries on the agreed date. If the customer is not present at the agreed delivery date or refuses acceptance, the customer shall be in default of acceptance (see § 4 of these GTC). If proper delivery is confirmed by persons of legal capacity who are not parties to the contract and who are present at the customer's premises, such confirmation shall be binding upon the customer.

(6) In the case of a first order, the delivery period may be extended slightly due to an initial credit assessment.

(7) Delivery days are working days excluding Saturdays.

§ 3 Terms of Payment

(1) Our invoices are payable within 14 days from the invoice date. If the customer is in default with payment or any other performance, we shall, without prejudice to any other rights, be entitled to withhold our performance and delivery until the agreed counter-performance has been rendered or to withdraw from the contract only after expiry of a reasonable grace period of 14 days. In this case, the customer must immediately return any items already delivered to us at their own expense, or we may collect them from the customer. We reserve the right to assert claims for damages for depreciation, wear and tear and other losses.

(2) Offsetting or withholding payments on account of counterclaims disputed by us and not established by a final and binding decision is not permitted.

(3) Payment by cheque or bill of exchange requires a special agreement before conclusion of the purchase contract.

(4) In the event of default in payment, the customer shall pay default interest at a rate of 10%.

§ 4 Default of Acceptance

If the customer does not accept the goods upon delivery on the agreed date or if the goods cannot otherwise be delivered to the customer, the customer shall be in default of acceptance. If this default of acceptance lasts longer than 2 weeks, we shall be entitled to grant the customer an additional period of 14 days for acceptance.

If the customer fails to fulfil their contractual obligations within this additional period, we shall have the right either to store the goods at our premises at the customer's risk, charging a storage fee of 2% of the invoice amount for each commenced month, while insisting on performance of the contract, or to withdraw from the contract and resell the goods freely without further notification to the customer. In the latter case, the customer shall pay a contractual penalty of 20% of the net purchase price plus VAT to compensate for the additional expenditure and any possible reduction in proceeds.

This contractual penalty shall become due for payment upon declaration of withdrawal. Any payments already made may be credited against the contractual penalty. Our right to assert any further damages remains unaffected.

§ 5 Retention of Title

(1) All items shall remain our sole and unrestricted property until all obligations arising from the contract have been fulfilled, in particular until the purchase price has been paid in full.

(2) In the ordinary course of business, our customer shall be entitled to process, alter or resell goods subject to this retention of title. Claims arising from the resale, which the customer may collect subject to our revocation, shall be assigned to us as security. If the customer processes or alters the goods subject to retention of title, this shall be done on our behalf as supplier and manufacturer, without giving rise to any obligations on our part. If our ownership is extinguished, co-ownership of the resulting item shall pass to us as a substitute.

(3) In the event that goods delivered under retention of title are seized, the customer is obliged to immediately take all measures necessary to obtain suspension of the enforcement proceedings with regard to such goods. The customer must also notify us prior to the seizure.

(4) The customer grants us access to their premises at any time for the purpose of inspecting goods subject to retention of title. If the customer defaults on their payment obligations, if insolvency proceedings are applied for or opened against their assets, or if the customer breaches other contractual obligations, we shall be entitled to demand the return of the goods subject to retention of title and/or to collect them.

§ 6 Delay in Delivery and Warranty

(1) The customer may only withdraw from the contract due to delay in delivery after the expiry without result of a reasonable additional period set by the customer.

(2) The customer must notify us of any defects occurring upon delivery or when such defects become apparent.

(3) If the customer is an entrepreneur within the meaning of the Consumer Protection Act (KSchG), they must inspect the delivered goods or services immediately after receipt for completeness, correctness and freedom from defects and must notify us in writing of any defects immediately, but no later than 7 working days after receipt of the goods or services. Otherwise, all claims arising from defects that could have been identified during a proper inspection shall be forfeited.

(4) As an entrepreneur, the customer may assert defects in the goods delivered (and installed) by us in court only within 6 months of delivery or performance. The customer must prove the existence of the defects and that they were already present at the time of handover.

(5) Instead of the remedy requested by the customer as an entrepreneur (including rectification or subsequent delivery of missing items), we may discharge ourselves from our obligation to perform by replacing the defective item within a reasonable period. Instead of the requested replacement, we may carry out rectification (or subsequent delivery of missing items).

(6) We are not obliged to carry out warranty measures if the customer has independently interfered with the goods in a manner that makes restoration of a defect-free condition more difficult.

(7) If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), the statutory warranty provisions shall apply.

(8) The freedom from defects of the materials (stainless steel, Inox, chrome steel) and workmanship throughout our entire product range is guaranteed for a period of 5 years from delivery/installation. This guarantee does not apply to wearing parts or normal wear and tear of the goods.

§ 7 Liability

(1) We shall not be liable for damages arising on any legal basis whatsoever, in particular due to delay, impossibility of performance, breach of contractual obligations, culpa in contrahendo, consequential damage caused by defects, defects themselves or unlawful acts, insofar as such damages were caused by slight negligence on our part or by persons for whom we are responsible. Customers who are entrepreneurs within the meaning of the Consumer Protection Act (KSchG) must prove the existence of gross negligence or intent. In contracts with consumers, damage to persons is excluded from this limitation of liability. In any event, our liability shall be limited to foreseeable damage that is typically expected to occur.

(2) The timely performance of technical and safety inspections in accordance with the applicable statutory and technical standards is the responsibility of the customer.

Yours sincerely,
Regensburger Handels GmbH