Terms and Conditions
As of June 2025
The Terms and Conditions have been machine-translated from the German original. In case of doubt or legal discrepancy, the German version shall prevail.
1. General information
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts between us, Tischlerei Ainberger (owner: Daniel Heinrich Ainberger, Hagau 83, 6233 Kramsach, Austria) – hereinafter referred to as the “Supplier” or “we” – and our customers (consumers and entrepreneurs) for the goods and services we offer (in particular, sales contracts for furniture and building components, contracts for work and services for custom-made products, and related installation services). Conflicting or deviating terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing. If the supplier has an ongoing business relationship with the customer, these GTC shall also apply to future transactions, even if this is not expressly stated again in individual cases. Changes to the GTC shall be communicated to the customer in an appropriate manner.
Definition of terms: “Consumer” within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or partnership with legal capacity who, when concluding a contract, acts in the exercise of their commercial or independent professional activity. Customers who are entrepreneurs are also referred to below as “business customers.”
Our employees are not authorized to make verbal commitments that deviate from these General Terms and Conditions. Individual agreements require our written confirmation to be valid.2. Conclusion of contract
The presentation of our products and services on our website or in catalogs does not constitute a binding offer. They serve as a non-binding invitation to the customer to submit an offer (order). Verbal information or cost estimates that we provide at the customer's request – for example, regarding prices, deadlines, or technical details – are also subject to change and non-binding. The customer can submit a binding contract offer (an order) to us verbally or in writing, e.g., by telephone, email, or letter. By placing an order, the customer makes a binding contractual offer. We may accept this offer at our discretion within 5 business days, by sending the customer an order confirmation (in writing or by email), or by delivering the ordered goods to the customer, or
The contract is concluded at the moment when one of the above alternatives occurs first. If the customer's offer is not accepted within the acceptance period, this shall be deemed a rejection of the offer; the customer is then no longer bound to their order.
Notwithstanding the preceding sentence, a contract is also concluded if the customer accepts a written offer previously prepared by us in writing, unchanged and within the deadline (e.g. by signing our order confirmation or offer).
If the content of our order confirmation differs from the customer's order, it contains a new offer. In this case, the contract is only concluded if the customer accepts this offer. If the customer is a consumer, this consent must be given expressly; if the customer is an entrepreneur, their consent is deemed to have been given unless they object immediately.
3. Offers and cost estimates
Our offers and cost estimates are subject to change. Only offers/cost estimates that are expressly designated as binding or made in writing are considered binding. Extensive cost estimates, in particular those with detailed plans or elaborations, may be subject to a fee; any costs will be communicated to the customer in advance. Any offer fee paid will be credited to the order value upon conclusion of the order. Unless otherwise stated, we are bound by written cost estimates for 30 days from the date of issue. After this period has expired, we are entitled to pass on any cost changes that have occurred in the meantime (such as increases in material prices) after consultation. If, during the execution of an order, it becomes apparent that additional work is required or additional costs are incurred which were not apparent at the time of conclusion of the contract despite our professional diligence, we will inform the customer immediately. The customer will be asked to decide at short notice (usually within one week) whether and under what conditions the work will be continued. If the customer does not make a decision within a reasonable period of time or refuses to continue under the changed conditions, we are entitled to invoice for the partial services already rendered and to withdraw from the contract with regard to the services not yet performed. Minor, reasonable deviations in color, grain, structure, dimensions, or other design details of the delivered goods compared to samples, exhibition pieces, or previous deliveries are reserved and are not considered defects, provided they are objectively justified and are due to the material or manufacturing process (e.g., minor differences in color or structure in wood surfaces).
4. Right of withdrawal for consumers
Customers who are consumers within the meaning of the Consumer Protection Act are entitled to a statutory right of withdrawal in accordance with the following provisions for contracts concluded outside of business premises and for distance contracts. The specific conditions, deadlines, and procedures for exercising this right of withdrawal are described in detail in the withdrawal policy below.
The following is an overview: The standard withdrawal period is 14 days from the date specified in the policy. To meet the deadline, it is sufficient to send the notice of withdrawal in good time. If the consumer exercises their right of withdrawal, any services already received will be refunded and returned as described in the policy.
Exceptions to the right of withdrawal: There is no right of withdrawal in the exceptional cases provided for by law, in particular for the following contracts:
- Service contracts if, at the express request of the consumer, we begin to perform the service before the expiry of the withdrawal period and then provide it in full (see also the section “Waiver of the right of withdrawal” below).
- Goods that are manufactured according to customer specifications or clearly tailored to personal needs (e.g., individually customized furniture).
- Off-premises contracts with a total value of no more than €50 (the law does not provide for a right of withdrawal in this case).
Further details, such as the model withdrawal form and return shipping costs, can be found in the following withdrawal policy for consumers.
5. Prices and payment
Our offers and services are generally aimed at customers residing or based in the European Union. Unless otherwise stated, all prices are total prices in euros and include statutory sales tax. Any additional delivery, shipping, or assembly costs will be shown separately or expressly agreed in the offer.
Unless expressly agreed otherwise, our prices are ex works/warehouse of the supplier (excluding assembly and delivery). Assembly services commissioned by the customer will be invoiced according to actual expenditure (hourly rates at the current hourly rates), unless a flat rate has been agreed. For any necessary overtime (overtime, night work, work on Sundays and public holidays) and other operational surcharges, the surcharges provided for by law or collective agreements will be charged additionally. Possible further costs associated with installation (e.g., due to difficult delivery) are referred to in Section 12 (Obligations to cooperate).
When delivering goods to countries outside the EU, additional costs may be incurred in individual cases (e.g., bank charges for international transfers, exchange rate fees, import duties, taxes, etc.), which are to be borne by the customer. Such additional costs may also be incurred within the EU if the customer makes the payment from a country outside the EU.
Unless otherwise agreed, the following payment terms apply to contracts without an online ordering process: 30% of the order value is due as a deposit when the order is placed or upon receipt of our order confirmation. A further 30% of the order value is due upon delivery of the goods or commencement of assembly. The remaining balance is payable without deduction upon completion of the service and invoicing. If agreed partial payments are not made on time, we are entitled to suspend further performance of the contract or outstanding deliveries until payment is made. Unless otherwise stated, our invoices are due for payment within 14 days of the invoice date.
If the customer is in default of payment, we are entitled to charge default interest at the statutory rate. The default interest rate for consumers is 4% p.a.; for businesses, it is 9.2 percentage points above the applicable base rate. The customer further undertakes to reimburse the appropriate reminder and collection costs in the event of default, insofar as these are reasonable. Statutory claims for further damages (e.g. in accordance with § 1333 ABGB) remain unaffected.
If the customer fails to meet their payment obligations, suspends payments, or if insolvency proceedings are opened against their assets or, in the absence of sufficient assets to cover costs, are not opened, we shall be entitled to demand immediate payment of all outstanding amounts and to withdraw from the contract.
6. Repairs
In the case of repair orders, the supplier will inform the customer if, based on a professional assessment, the repair of the item is not economically viable compared to the cost of a new purchase (unless the customer has expressly requested a repair “at any price”). The decisive factor here is the ratio of the estimated repair costs to the value of the item.
If it only becomes apparent during the repair—without this being apparent to us as a specialist company when the order was placed—that the item cannot be repaired technically (or only at disproportionate expense), we will discontinue the repair work and inform the customer immediately. In this case, the customer must reimburse us for the expenses incurred up to that point (labor, materials, etc.). If the customer wishes to have an item that has already been disassembled reassembled, and this is technically possible, they must also bear the costs of reassembly. In such a case, further claims by the customer are excluded, unless we are guilty of intentional or grossly negligent behavior.
7. Delivery and shipping conditions
Unless otherwise agreed, deliveries shall be made to the delivery address specified by the customer. The delivery period shall be agreed individually or specified by us upon acceptance of the order. Fixed dates are only binding for us if expressly agreed.
If delivery of the goods to the customer is not possible for reasons within the customer's sphere of influence (e.g., because the customer is not present at the specified address at the agreed delivery time and has not named an authorized recipient, or because acceptance is refused), the customer shall bear the additional costs incurred by us as a result. This includes, in particular, the costs of an unsuccessful delivery and storage of the goods, as well as any necessary further delivery attempts. This does not apply if the customer was prevented from accepting the delivery at short notice and through no fault of their own, and we had not given them adequate prior notice of the delivery, or if the customer exercises their statutory right of withdrawal.
For entrepreneurs, the following applies: upon handover of the goods to the transport company commissioned by us, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer. For consumers, the risk is only transferred upon handover of the goods to the consumer (or a person designated by the consumer as authorized to receive the goods who is not the transport company). If the transport company returns the goods to us because delivery to the consumer was not possible, the process will be handled in accordance with the above paragraph. If we have agreed with the customer that they will collect the goods themselves, we will inform the customer as soon as the goods are ready for collection. In this case, there are no shipping costs. The customer collects the goods from our business location after making an appointment.
8. Retention of title
Delivered goods remain our property until the agreed price has been paid in full. For customers who are entrepreneurs, we retain ownership of all delivered goods until all claims arising from the current business relationship have been settled in full.
If the customer is an entrepreneur, they are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount accruing to them from the resale to third parties. We hereby accept this assignment. The customer is authorized to collect the claims in their own name even after the assignment, as long as they meet their payment obligations to us. Our authority to collect the claims ourselves remains unaffected by this; however, we will not collect the claims as long as the customer meets their payments. If the supplier so requests, the entrepreneur shall disclose the debtors of the assigned claims to us and notify them of the assignment.
9. Warranty
The statutory warranty rights apply to defects in our goods and services. The following provisions apply in addition to or, in the case of customers who are entrepreneurs, in deviation from the statutory provisions, insofar as this is permissible:
9.1 Towards entrepreneurs: Insignificant defects that only insignificantly impair the value or suitability of the goods do not justify warranty claims. The supplier has the choice of the type of warranty (improvement, addition of the missing item, or replacement). If a replacement is delivered by way of improvement, the warranty period does not start anew.
9.2 Towards consumers: We ask consumers to check delivered goods for obvious transport damage immediately upon receipt and to report such damage to the delivery agent and to us as soon as possible. This request is solely for the purpose of mitigating damage and does not affect the consumer's statutory rights – in particular, failure to report damage has no effect on existing warranty claims.
9.3 Maintenance and use: Wood and furniture products require proper handling and, in some cases, regular care. The customer is advised that normal maintenance work (e.g. oiling/greasing fittings, adjusting hinges, tightening screws, checking and, if necessary, replacing sealing joints, refreshing surface treatments, especially outdoors, in accordance with the manufacturer's instructions) must be carried out by the customer, unless expressly agreed otherwise. Failure to perform maintenance or improper use may impair the service life and functionality of the products without giving rise to any warranty claims against us.
9.4 Building components (windows/doors): The professional installation of modern windows, doors, and other building components often makes the building envelope significantly more airtight. The customer must therefore ensure adequate ventilation of the rooms (e.g., by regular airing or the implementation of a suitable ventilation concept in accordance with technical standards) in order to prevent moisture accumulation and, as a result, mold growth or excessive joint formation. The planning of such a ventilation concept is not included in our scope of services and must be arranged separately by the customer if necessary. Inadequate ventilation and maintenance are the responsibility of the customer and can lead to damage; such damage does not justify any warranty claims against the supplier.
10. Liability
The supplier shall be liable to the customer—regardless of the legal basis—for damages and expenses only within the scope of the following provisions:
- 10.1 Unlimited liability: We shall be liable without limitation in cases of intent (deliberate action) or gross negligence, as well as for damages resulting from injury to life, limb, or health based on a negligent or intentional breach of duty on our part.
- 10.2 Limited liability: If we breach a material contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely) through slight negligence, our liability shall be limited to the amount of damage typically foreseeable at the time of conclusion of the contract. Essential contractual obligations include, for example, the obligation to deliver on time and to manufacture the ordered products free of defects.
- 10.3 Exclusion: Otherwise, any liability on the part of the supplier—regardless of the legal basis—is excluded. In particular, we are not liable for damages resulting from slight negligence that are not covered by Section 10.2, or for lost profits, lost savings, indirect damages, or consequential damages, to the extent permitted by law.
10.4 Customer cooperation in planning: If the customer sends us plans, drawings, specifications, or measurements for production, they are responsible for ensuring that these documents are correct and complete, unless we have expressly assumed a duty to check and measure them in individual cases. If, in the course of executing the order, the supplier recognizes that the customer's specifications are apparently incorrect, unclear, or impracticable, it shall immediately notify the customer and request instructions. If such instructions are not provided within a reasonable period of time or if they are unusable, the customer shall bear any resulting additional costs (e.g., due to work interruptions or changes in work) and delays. The customer's legal claims (e.g., in the event of complete failure of the purpose of the contract) remain unaffected, provided that the supplier is not guilty of contributory negligence.
11. Indemnification in the event of infringement of third-party rights
If we produce or process items on behalf of the customer for which the customer provides specifications for design, dimensions, material, or text/images (e.g., a special design requested by the customer, engravings, logos, reproduction of a template, or similar), the customer must ensure that this does not infringe any third-party rights (such as copyrights, trademark rights, or design rights). The customer guarantees that they are entitled to use and pass on the templates provided to us. The customer shall indemnify and hold us harmless in this regard. This means that the customer shall fully indemnify us upon first request against all claims by third parties asserted against us on the basis of our contractual use of the customer's templates. This also includes reasonable costs of legal defense (e.g., court and attorney's fees). This shall not apply if the customer is not responsible for the infringement in question (e.g. because the infringement was not recognizable to the customer even after reasonable examination). In the event of a claim by a third party, the customer is obliged to provide us immediately and completely with all information available to them that is necessary for the examination and defense.
12. Customer's obligations to cooperate
The customer must perform all acts of cooperation incumbent upon them that are necessary for the fulfillment of the contract in a timely manner and at their own expense. In particular, it is the customer's responsibility to obtain the necessary official approvals, third-party approvals (e.g., the landlord's consent for installations), or notifications in a timely manner. The customer must also ensure that our goods and services are permitted at the intended installation site in compliance with legal and technical regulations (e.g., monument protection, fire protection regulations, building law, etc.).
If the customer fails to provide the necessary cooperation, notification, or approval, and this results in a delay or additional costs in the execution of the order, we shall not be liable for any resulting damages. On the contrary, the customer is obliged to reimburse us for all additional costs incurred as a result (e.g., waiting times, additional travel, storage costs). The consumer's statutory rights (in particular pursuant to § 1168a ABGB (Austrian Civil Code) in the event of impossibility through no fault of their own) remain unaffected. If we provide installation services, the customer must ensure on the agreed delivery/installation date that the place of performance is freely accessible and prepared for installation. In particular, any preparatory work (e.g., on-site preparation of connections, completion of necessary masonry work, plastering, screed, etc.) must be completed in such a way that our installation can proceed unhindered. The installation area must be sufficiently cleared and electricity and lighting must be provided. If the customer fails to comply with these obligations to cooperate and this delays the installation, we shall be entitled to charge the customer for the additional work and costs incurred by us (e.g., waiting times, additional travel).
The customer must ensure that our delivery vehicles have unhindered access to the unloading point. If our vehicle cannot drive up directly, for example because there is no suitable parking space or access, and this results in additional costs (e.g., longer carrying distances, additional labor, or aids), these shall be borne by the customer. For deliveries or transports above the 2nd floor, the customer must provide suitable conveyor equipment (e.g., a sufficient elevator or lifting platform), unless expressly agreed otherwise. Stairs and access routes must be clear, well-lit, and sufficiently load-bearing.
If additional work is required during installation that is not covered by our trade (e.g., chiseling or plastering work, electrical connections, adjustments to structural conditions), this shall be the responsibility of the customer, unless expressly agreed as part of our scope of services. We are not obliged to carry out such external work ourselves. The customer must have such additional work carried out in good time before the start of installation. If necessary additional work is not completed in good time and delays or hinders our installation, the provisions on additional costs and liability as described above shall apply accordingly.
If the goods delivered by us must be permanently attached to the building structure (e.g., screwing or gluing built-in furniture, anchoring railings, awnings, or similar items in walls/ceilings), the customer must ensure that the building structure at these attachment points is suitable and load-bearing. We are not liable for damage caused during installation due to the poor condition of walls, ceilings, or floors (e.g., porous masonry, unrecognizable pipes in the drilling area), unless we are guilty of intent or gross negligence. Heavy and unwieldy components (e.g., doors, windows, large pieces of furniture) will be delivered by us to the first lockable door level in the building. Further transport to the final installation location (carrying to higher floors, over longer distances, or through narrow stairwells) must be ensured by the customer, unless expressly agreed otherwise. If the supplier assists with transport without this being contractually required, this is a courtesy for which the customer must provide reasonable assistance.
After delivery/assembly, the customer – or a representative authorized by them – must confirm the proper acceptance of the service on our handover report (work sheet). If the customer is an entrepreneur, the service shall be deemed to have been accepted as free of defects upon signing, unless a reservation is expressly noted due to identified defects.
13. Applicable Law and Jurisdiction
All legal relationships between the Supplier and the Customer shall be governed by the substantive law of the Republic of Austria, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of contracts with consumers who have their habitual residence in another EU Member State, the mandatory consumer protection provisions of that state shall remain applicable in favor of the consumer, provided that they are more advantageous for the consumer than the Austrian provisions.
Agreements on jurisdiction apply only in relation to business customers. If the Customer is an entrepreneur within the meaning of Section 1, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract shall be the court of competent jurisdiction at our place of business (District of Kufstein, Austria). However, the Supplier is also entitled to assert claims against the entrepreneur at the entrepreneur’s general place of jurisdiction.
If the Customer is a consumer and has their domicile or habitual residence in Austria, claims against the consumer may only be brought before the court having jurisdiction over that domicile/residence. If the consumer is domiciled in another EU Member State, they may, at their choice, bring an action before the court of their domicile or before the Austrian courts; however, actions brought by the Supplier against the consumer may only be brought before the courts of the consumer’s domicile. Mandatory statutory jurisdiction provisions (such as those of EU Regulation No. 1215/2012 on jurisdiction) remain unaffected in all cases.
14. Data Protection
We attach great importance to the protection of our customers’ personal data. We process personal data (e.g., name, address, contact details, payment information) exclusively in accordance with the applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG), and only to the extent necessary for contract execution or as required by law. Disclosure to third parties takes place only insofar as this is necessary for the fulfillment of the contract (e.g., to shipping or installation partners) or to comply with legal obligations. For more detailed information, please refer to our Privacy Policy.
Cancellation Policy for Consumers
Right of Withdrawal / Cancellation Right: As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you (or a third party designated by you, who is not the carrier) took possession of the goods. For services, the period is fourteen days from the day of the conclusion of the contract. If you ordered several goods as part of a single order which are delivered separately, the period begins on the day you receive the last item. In the case of delivery in several partial shipments, the period begins on the day you take possession of the final partial shipment or the last item.
To exercise your right of withdrawal, you must inform us (Tischlerei Ainberger, Daniel Heinrich Ainberger, Hagau 83, 6233 Kramsach, Austria, Tel.: +43 650 3009255, Email: daniel@tischlerei-ainberger.at) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You may use the sample withdrawal form provided below, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of exercising your right of withdrawal before the period has expired.
Consequences of Withdrawal: If you withdraw from this contract, we shall reimburse you for all payments we have received from you – including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery we offer) – without undue delay and at the latest within fourteen days from the day on which we received your withdrawal notice. For this refund, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this refund.
In the case of purchase contracts, we may withhold reimbursement until we have received the goods back in full and undamaged, or until you have provided proof that you have sent back the goods – whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You shall bear the direct cost of returning the goods.
If you requested that we begin providing a service (e.g., start of an installation order) during the open withdrawal period, you must submit a corresponding request as well as a confirmation of your consent (see below "Waiver of the Right of Withdrawal"). If the service is fully performed, you will lose your right of withdrawal in this case.
Exclusion / Non-existence of the Right of Withdrawal: In certain cases, consumers do not have a right of withdrawal. This is legally the case, among others, for contracts concerning goods made to the consumer’s specifications or clearly tailored to personal needs. Likewise, no right of withdrawal exists for urgent repair or maintenance work expressly requested by you as a business customer, as well as in other exceptional cases listed in Section 18 FAGG (Austrian Distance and Off-Premises Contracts Act).
– End of Cancellation Policy –
Sample Withdrawal Form (you may complete and return this form if you wish to withdraw from the contract):
To: Tischlerei Ainberger, Daniel Heinrich Ainberger, Hagau 83, 6233 Kramsach, Austria; Email: daniel@tischlerei-ainberger.at
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods / the provision of the following service(s):
– Ordered on ______________ / received on ______________
– Name of consumer(s): ______________
– Address of consumer(s): ______________
– Signature of consumer(s) (only if this form is submitted on paper): ______________
– Date: ______________
(* Delete as appropriate.)
Waiver of the Right of Withdrawal in the Case of Early Performance
If, as a consumer, you wish us to begin performing a service before the expiry of the statutory withdrawal period, you must expressly inform us of this and also confirm your acknowledgment that you will lose your right of withdrawal. You may declare this, for example, as follows:
“I expressly request that Tischlerei Ainberger begin performing the commissioned service before the end of the fourteen-day withdrawal period. I am aware that I will lose my right of withdrawal once the service has been fully performed.”
Background: For services that are fully performed before the fourteen-day withdrawal period has expired, the law provides that the right of withdrawal ceases – provided that the consumer has expressly agreed prior to performance and has confirmed awareness of this (§ 18 para. 1 no. 1 FAGG). The above declaration ensures compliance with this legal requirement. We will only begin work within the withdrawal period if we have received the corresponding consent.
