TERMS AND CONDITIONS
of the individual enterprises involved in economic cooperation
DOLL's Blumen, owner Bernd Doll, 1080 Vienna, Lange Gasse 62
1.1. The company DOLL's Blumen provides its services exclusively on the basis of these general terms and conditions. These also apply to all future business relations, even if they are not expressly referred to.
1.2. Subsidiary agreements, reservations, changes or additions to these General Terms and Conditions must be made in writing in order to be valid; this also applies to the deviation from the written form requirement.
1.3. Conflicting terms or conditions of the contractual partner deviating from these general terms and conditions of business are only effective if they are acknowledged expressly and in writing by DOLL's flowers.
1.4. Should individual provisions of these General Terms and Conditions be ineffective or unenforceable, this shall not affect the liability and the contracts concluded on the basis thereof. The ineffective or unenforceable provision shall be replaced by an effective or practicable provision whose meaning and purpose are closest to one another.
2.1. The basis for the conclusion of the contract is the respective offer of DOLL's flowers or the order of the customer, in which the scope of services and the remuneration are fixed. All agreements made between DOLL's Blumen and the customer for the execution of the contract shall be presented in writing.
2.2. The offers of DOLL's flowers are free and non-binding, unless otherwise agreed in writing.
2.3. If the customer assigns an order, he is bound to DOLL's flowers on these two weeks from the date of his receipt. The contract is concluded by acceptance of the order by DOLL's flowers. The acceptance must be in writing (eg by order confirmation
by mail or facsimile) or via email, unless DOLL's flowers can be identified without doubt (eg by taking action on the basis of the order) that she accepts the order.
- Scope of delivery, order processing
3.1. The scope of the services to be rendered results from the customer's order
or the description of the services or the details in the contract. Subsequent changes
of the service content require the written form.
3.2. All services of DOLL's Blumen (in particular all preliminary drafts, sketches, final artwork, CAD-supported furnishing plans, etc.) must be checked by the customer and released within two days. If not approved in time, they are considered approved by the customer.
3.3. The customer shall immediately supply DOLL's flowers with all the information and documents required for the performance of the work. He will inform them of all procedures which are relevant to the execution of the order, even if these circumstances become known only during the execution of the order. The customer shall bear the costs arising from the fact that work has been altered or retarded or delayed due to incorrect, incomplete or subsequently amended information from DOLL's flowers.
3.4. The customer is also obliged to examine the documents (photos, etc.) made available for the execution of the order for possible copyrights, license plates or other rights of third parties. The costs are borne by the customer. DOLL's flowers are not liable for infringement of such rights. If DOLL's flowers are used for such infringement, the customer shall indemnify and hold DOLL's flowers harmless, and shall compensate him for all the disadvantages caused by the use of third parties.
3.5 The customer is aware that the subject matter of the services to be rendered in any case
does not include any structural changes and does not include areas of the electrical or installation system and does not include any audio- or video-supported demonstrations.
- External services
4.1. DOLL's flowers are, at their sole discretion, entitled to perform the service themselves, to use and / or substitute such services for the provision of contractual services by third parties.
4.2. Unless expressly agreed to the contrary, the commissioning of the provisions for the provision of care shall take place in its own name and shall be connected with it
costs to the customer.
4.3. DOLL's flowers will carefully select caregivers and ensure that they have the necessary professional qualifications.
4.4. The customer is aware of the fact that the provision of any auxiliary materials is necessary for the provision of any other materials or means other than plants.
- Delivery and delivery times
5.1. Unless otherwise agreed in writing, the place of performance is the seat of DOLL's Blumen.
5.2. Deadline and date agreements shall be recorded or confirmed in writing. The indicated delivery dates are only binding if a delivery time has been expressly secured in writing. In the case of subsequent amendments to the contract and in the event of events which are not the responsibility of DOLL's flowers, delivery periods and dates shall be re-agreed or automatically extended. The customer shall be entitled to tolerate any slight exceeding of the delivery time without any claim for damages or a right of withdrawal. Any non-compliance with deadlines beyond the deadline entitles the customer to assert the rights to which he is entitled by law only if he has granted DOLL's flowers an appropriate additional period of at least two days. This begins with the receipt of a warning letter to DOLL's flowers.
5.3. The customer can withdraw from the contract after unsuccessful expiry of the extension period. However, an obligation to compensate for damage compensation from the title of the delay is only in the case of intent or gross negligence on the part of DOLL's flowers.
5.4. If ordered varieties or decorations are no longer available, DOLL's flowers will be replaced in equivalent varieties / decorations, unless this has been expressly excluded in writing.
5.5. Unavoidable or unpredictable events - particularly delays
Contractor of DOLL's flowers - release DOLL's flowers from compliance with the agreed delivery date. The same applies if the customer is in default with his obligations (eg provision of documents and / or information) necessary for carrying out the order. In this case, the agreed date shall be postponed at least as far as the delay or for the duration of the unforeseeable or unpredictable event and the contract is adjusted appropriately. If this is economically unacceptable, DOLL's Blumen is entitled to withdraw from the contract in full or in part. This is immediately notified to the customer, claims for damages of the customer due to such a withdrawal are excluded.
- Cancellation of the contract
DOLL's Blumen is in particular entitled to rescind the contract if the execution of the service is impossible for reasons beyond the customer's control or is further delayed despite the setting of an additional deadline and if there are legitimate concerns regarding the creditworthiness of the customer and this does not provide a reliable security on demand of DOLL's flowers either in advance or before the performance of DOLL's flowers.
7.1. If nothing else has been agreed upon, DOLL's flowers will be charged for each individual service as soon as it has been provided, subject to a deposit to be paid.
7.2. The turnover tax in the respective statutory amount is not included in the offerings of DOLL's flowers, unless it is expressly stated separately.
7.3. DOLL's flowers are only bound to the prices stated at the conclusion of the contract, if a shorter delivery and delivery period than four weeks has been agreed. The same applies if the delivery is delayed by more than four weeks, calculated on the basis of the originally agreed delivery date, for reasons which DOLL's flowers are not responsible for or for which they are not guilty of gross negligence. In such cases DOLL's Blumen is entitled to demand a reasonable increase in the agreed prices (increased purchase prices, wages, etc.). The customer will be notified in writing.
7.4. DOLL's flowers are entitled to demand advances to cover their expenses.
7.5. All services, which are not expressly paid by the agreed fee, are paid separately. This applies in particular to all ancillary services of DOLL's Blumen. All DOLL's flowers growing cash expenses, which go beyond the normal business (eg courier services, shipping costs, travel etc) are to be replaced by the customer.
7.6. Cost estimates from DOLL's flowers are generally non-binding and paid. If it can be foreseen that the actual costs will exceed the costs estimated by DOLL's flowers in writing by more than 20%, then DOLL's flowers will inform the customer of the higher costs. Cost overruns are deemed to have been approved by the customer if the customer does not object in writing within three days of this notification and at the same time announces cheaper alternatives. In the event of unavoidable cost overruns of up to 20% of the estimated costs, these costs can be invoiced without further ado.
7.7. For all work of DOLL's flowers, which for whatever reason are not carried out by the customer, DOLL's Blumen deserves a fair remuneration. By paying this remuneration, the customer acquires no rights in this work; non-executed concepts, drafts and other documents are to be returned to DOLL's flowers free of charge.
8.1. When placing the order, a deposit of 30% of the agreed price is required
the remainder is due at delivery, unless there has been something else in writing
8.2. The invoices of DOLL's flowers shall be payable net cash without any deduction, unless the deduction of cash discount or the like has been expressly agreed in writing.
8.3. Checks, bills of exchange or other non-cash means of payment are accepted by DOLL's flowers only for the sake of fulfillment.
8.4. In the event of late payment, default interest of currently 12% pa is agreed.
8.5. Delivered goods remain the property of DOLL's flowers until complete payment.
8.6. The customer undertakes to bear all costs and expenses associated with the collection of the claim, in particular collection papers or other costs necessary for a proper legal prosecution.
8.7. In the case of the customer's default of payment, DOLL's flowers may immediately make all payments due within the framework of other contracts, services and partial services concluded with the customer.
8.8. Any agreed upon discounts, discounts, discounts etc. Are only expressly and
in writing and only in the case of timely payment; in case of bankruptcy or compensation procedures, any tariff reduction shall be waived.
8.9. The customer is not entitled to offset his own claims against DOLL's flowers, unless the customer's claim has been acknowledged by DOLL's flowers in writing or judicially determined.
8.10. The customer's right of retention is excluded.
9.1. For the participation in presentations, DOLL's flowers are a reasonable fee, which due to lack of agreement at least covers the entire staff and expenditure of DOLL's flowers for the presentation as well as the costs of all external services.
9.2. If DOLL's flowers do not receive an order after the presentation, DOLL's flowers, in particular the presentation documents and their contents, remain the property of DOLL's Blumen. The customer is not entitled to use this in any form whatsoever. Instead, the documents must be returned to DOLL's flowers free of charge. The transfer of presentation documents to third parties as well as their publication, reproduction, processing or other utilization without the express written consent of DOLL's Blumen is not permissible.
9.3. Likewise, the customer is prohibited from using the ideas and concepts introduced during the presentations, irrespective of whether the ideas and concepts are protected by copyright. By paying the presentation fee, the customer does not acquire any rights of exploitation or use to the services presented.
- Property rights
10.1. All performances of DOLL's flowers, including those from presentations (eg suggestions, ideas, sketches, preliminary designs, concepts, photos, etc.), also individual parts thereof, remain the property as well as the individual workpieces or goods including rental and rental plants as well as vessels from DOLL's flowers. The customer only acquires the temporal right of use for the duration stipulated in the contract. Especially
the workpieces or goods must be returned to DOLL's flowers when the contract is concluded. By paying the fee, the customer acquires only the right to use it for the agreed purpose and in the agreed scope of use. The acquisition of this right of use requires the full payment of the fees invoiced by DOLL's flowers. Payment for or without remuneration to third parties is prohibited. Changes to the performance of DOLL's flowers, in particular their further development by the customer or by third parties acting for the latter, are only permitted with the express consent of DOLL's Blumen.
10.2. The same applies to the furnishings and equipment of all kinds, such as tables, armchairs, bar and decorations, including vessels, etc., made available by DOLL's Blumen. These items remain the property of DOLL's Blumen and / or, if provided by third parties , in the property. DOLL's Blumen assumes no liability whatsoever for any kind of equipment provided by third parties with regard to its nature or property. Removed or damaged furnishings and equipment in accordance with this contract point shall be invoiced to the customer at the new value.
10.3. The plant goods supplied by DOLL's flowers remain the property of DOLL's Blumen until the fulfillment of all existing claims arising from the business relationship.
10.4. In the event of a breach of contract by the customer, in particular in the case of a delay in payment, DOLL's Blumen is entitled, but not obliged, to take back the delivered works. The customer already authorizes employees of DOLL's flowers to enter the respective locality or agency, which may be reserved goods.
- Warranty and damages
11.1. The customer has to make any complaints immediately, but in any case within
two days after performance, in writing and justify. In case of justified and timely complaint, the customer has the right to improvement
or exchange of the performance by DOLL's flowers.
11.2. In the case of justified complaints, the deficiencies are remedied within a reasonable period of time, whereby the customer allows DOLL's flowers all necessary measures to investigate and rectify the defects. DOLL's Blumen is entitled to refuse the improvement of the performance, if it is impossible or for DOLL's flowers with a disproportionate effort.
11.3. The reversal of the burden of proof in accordance with § 924 ABGB at the expense of DOLL's flowers is excluded. The customer must prove the existence of the defect at the time of delivery, the date of the discovery of the defect and the timeliness of the complaint. Concealed defects must be reported immediately after their discovery. If a complaint is not filed or is not filed in time, the goods shall be deemed to have been approved.
11.4. Claims for damages of the customer, in particular due to delay, impossibility
performance, positive breach of contract, negligence in the conclusion of the contract, deficient or incomplete performance, defect consequences or forbidden
Actions are excluded unless they are based on the intent or gross negligence of DOLL's flowers.
11.5. Warranty claims and claims for damages are limited to the amount of the exclusive value of the order value; further claims of the customer, for whatever legal reason, are excluded.
- 6. By accepting the work, the customer confirms that all maintenance measures are known to him, or that he has been informed of DOLL's flowers. A guarantee for the prosperity of the goods is not provided and the customer assumes with the takeover of the work also the receiving maintenance measures.
11.7. DOLL's Blumen assumes no liability whatsoever for damages caused by natural dying, faulty or negligent treatment, unsuitable means of transport, chemical or thermal influences or force majeure.
11.8. Insofar as liability is excluded or restricted in accordance with the above provisions, this also applies to all claims for negligence in the conclusion of the contract and breach of additional obligations as well as for the personal liability of the employees or vicarious agents.
11.9. If the customer is in default of acceptance or if he breaches his other duties to cooperate, DOLL's Blumen is entitled to claim the damage incurred, including any additional expenses - this also includes the damage or loss of rental plants, accessories or other decorative parts that are for payment or free of charge Were made available - and to use the goods elsewhere. In this case, a contractual penalty of 20% of the invoice amount is also agreed.
11.10. If the customer cancels a given order in whole or in part, DOLL's Blumen is entitled to charge the following penalty or loss of earnings: In the event of cancellation more than twenty days before the delivery date, 20% of the order amount. If the contract is canceled between eight and twenty days before the agreed delivery date, 40% of the order amount. In the event of cancellation within a period of less than eight days before the agreed
Delivery date 100% of the order total.
12.1 The customer or customer is entitled to terminate the contractual relationship with DOLL's flowers at any time. However, the early termination of the contractual relationship obliges the client or customer to pay the amounts stated in point 11.10.
12.2. DOLL's flowers are entitled to the right of termination, in particular, if the advance payment or a due invoice is paid in due time despite a reminder by the customer or if, despite the invitation to tender, DOLL's flowers are not paid in the scope of the contractual agreement ,
12.3. The contracting parties expressly agree that a reduction of the fee of
DOLL's flowers are excluded due to saved expenses (eg by premature termination of the contractual relationship).
13.1. The liability of DOLL's Blumen is governed exclusively by the written agreements of the parties. All claims not expressly granted herein - including claims for damages, from whichever right - are excluded, unless they are based on an intentional or grossly negligent breach of contract by DOLL's flowers. The injured party must prove the existence of gross negligence.
13.2. In addition, the Contracting Parties agree that a claim for damages on the part of the client against DOLL's flowers shall be limited to the agreed fee, regardless of the legal basis.
13.3. DOLL's flowers are not liable for damages which have not occurred to the delivery item itself, in particular not for other assets or lost profits. DOLL's flowers are not liable for building conditions at the customer, such as the presence of escape routes or installations due to fire regulations. All permits required for the event are to be obtained from the customer. DOLL's flowers are therefore only used for the (decorative) design of the premises according to all official regulations. Accordingly DOLL's flowers are liable for compliance with fire regulations or other regulations imposed on the customer by whatever authority.
13.4. Unless otherwise agreed, the costs of transportation shall be included in the agreed work wage and bear the transport risk, unless otherwise agreed upon, the Contractor.
13.5. Since damaged or distant objects, plants and accessories are to be replaced by the customer, DOLL's flowers, with compensation for the damage incurred, will reimburse the claims for compensation to the client, who is then entitled to take revenge in his own name at the polluter.
13.6. DOLL's Blumen assumes that the client shall conclude an adequate organizer liability insurance for the event, unless explicitly agreed otherwise.
- Applicable law
The legal relationship between the customer and DOLL's Blumen is governed exclusively by Austrian law to the exclusion of the international references. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- Place of performance / court of jurisdiction / final provisions
15.1. The court of jurisdiction for all disputes arising directly between DOLL's flowers and the customer shall be the Austrian court, which is responsible for DOLL's flowers locally and objectively.
15.2. This version of the General Terms and Conditions automatically overrides all previous ones.
15.3. The customer agrees that his name and address may be stored for the purpose of communications and advertising.