General Terms and Conditions
This English version is provided for convenience. The German version is legally binding.
[Company name as registered, e.g. Vantok GmbH] (“Vantok”), [Street and number, postcode Vienna, Austria], FN [company register number]
Version: [Date of publication]
§ 1 Scope
(1) These terms apply to all contracts for individually configured furniture that customers (“Customer”) conclude with Vantok via the online configurator on vantok.at. The version valid at the time of the order applies.
(2) A consumer within the meaning of these terms is anyone who does not conclude the contract in the course of their business (§ 1 KSchG). Deviating terms of the Customer only apply if we expressly agree to them in writing.
§ 2 Conclusion of contract
(1) The presentation of furniture and configuration options in the configurator is not a binding offer but an invitation to the Customer to submit an offer.
(2) After completing the configuration, the Customer is taken to the checkout of our shop provider Shopify. There the Customer enters delivery and billing details and can review and correct all details before submitting.
(3) By clicking the “Pay now” button, the Customer submits a binding offer to purchase the configured furniture.
(4) The contract is concluded when we confirm the order by email. If we do not accept an order, we refund any payments already made without delay.
(5) We store the order including the configuration details and send them to the Customer with the order confirmation by email. The contract language is German.
§ 3 Product, material and production
(1) Each piece is CNC-milled from plywood only after the order, according to the dimensions and details of the configuration. The parts are held together by milled slot joints, without glue and without screws.
(2) Plywood is a natural material. Differences in grain and colour, the visible layered edges and small production-related dimensional tolerances of up to [± … mm] are typical of the material and do not constitute a defect. Previews and images in the configurator are schematic and not true to scale or colour.
(3) The furniture is intended for indoor use only. Moisture, weathering or permanently high humidity can damage the material. Damage resulting from such use does not constitute a defect.
(4) The Customer is responsible for the accuracy of their details, in particular the dimensions, and reviews the summary carefully before ordering, since the furniture is made exactly according to it.
(5) [Note on stability, e.g. that tall shelves must be secured to the wall against tipping – wording to be agreed with the production partner]
§ 4 Prices and payment
(1) The prices shown at the time of the order apply, in euros. [Option A: All prices include statutory VAT. | Option B: No VAT is charged pursuant to § 6 (1) no. 27 UStG (small business exemption).]
(2) Shipping costs are not included in the furniture price and are shown at checkout before the order is completed. Assembly is not included either and can be booked for an extra charge (§ 6).
(3) The total price is due on ordering. The payment methods shown at checkout are available. [Add payment methods once Shopify Payments is set up.] Production starts once payment has been received.
§ 5 Delivery
(1) We deliver within Austria.
(2) As each piece is only made after the order, the expected delivery time is [delivery time] from receipt of payment. The expected delivery time is shown before the order is completed. We inform the Customer of any delay without delay.
(3) Without booked assembly, the furniture is delivered in parts for slotting together, [add scope of delivery, e.g. to the apartment door or to the kerb].
(4) For consumers, the risk only passes upon handover to the Customer.
(5) We ask the Customer to note visible transport damage at handover where possible and to report it to us. The Customer’s statutory rights remain unaffected.
§ 6 Assembly (Vienna only)
(1) For delivery addresses in Vienna, assembly can be booked with the order for the extra charge shown in the configurator.
(2) Assembly comprises slotting the furniture together and setting it up at the desired location. [Clarify whether wall mounting is included.]
(3) We agree the appointment with the Customer. The Customer ensures that the location is freely accessible at the agreed time.
§ 7 Changes and cancellation
(1) Until production starts, the Customer can request changes by email to [info@vantok.at]. We confirm whether the change is still possible and how it affects price and delivery time.
(2) Once production has started, changes and cancellations are no longer possible. The Customer’s statutory rights remain unaffected.
§ 8 Right of withdrawal
For furniture made to the Customer’s individual specifications, there is no right of withdrawal pursuant to § 18 (1) no. 3 FAGG. See the page “Right of withdrawal” for details. [Have reviewed legally before publication.]
§ 9 Warranty
(1) The statutory warranty applies, for consumers under the Austrian Consumer Warranty Act (VGG). The warranty period is two years from handover.
(2) In the event of a defect, the Customer is initially entitled to repair or replacement. If neither is possible or both fail, the Customer can demand a price reduction or, for a defect that is not minor, termination of the contract.
(3) We ask the Customer to report defects as soon as possible to [info@vantok.at], ideally with photos. The Customer’s statutory rights remain unaffected.
§ 10 Liability
(1) We are liable without limitation for intent and gross negligence and for personal injury.
(2) We are not liable for property damage caused by slight negligence. This does not apply to damage to items we have taken over for processing. [Have liability during assembly at the Customer’s home reviewed legally.]
(3) Claims under the Product Liability Act remain unaffected.
§ 11 Applicable law and place of jurisdiction
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory protective provisions of the state of their habitual residence remain unaffected.
(2) For claims against consumers, the statutory place of jurisdiction applies (§ 14 KSchG). For businesses, the competent court in Vienna has jurisdiction.
§ 12 Final provisions
If any provision of these terms is invalid, the remaining provisions remain valid.