Terms and Conditions - Dolls flowers

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Terms & Conditions


Terms & Conditions

 

of the limited liability company in economic cooperation

Managing Director: Mr. Doll Bernd
Private person, sole power of representation, share: 25,1%

Manager: Mr. Doll Emil
Private person, sole power of representation, share: 74,9%

Dolls Gärtnerei Wien GmbH, Helblinggasse 16, 1170 Vienna.


1. validity

1.1 The company Dolls Gärtnerei Wien GmbH provides its services exclusively on the basis of the present General Terms and Conditions. These also apply to all future business relationships, even if no express reference is made to them.

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 deviations from the written form requirement.

1.3 Conditions of the contractual partner that conflict with or deviate from these General Terms and Conditions only become effective if they are expressly recognized in writing by Dolls Gärtnerei Wien GmbH.

1.4 Should individual provisions of these general terms and conditions be ineffective or unenforceable, this does not affect the liability and the contracts concluded on their basis. The invalid or unenforceable provision is to be replaced by an effective or enforceable provision that comes closest to the meaning and purpose.


2. contract

2.1 The basis for the conclusion of the contract is the respective offer from Dolls Gärtnerei Wien GmbH or the customer's order, in which the scope of services and the remuneration are recorded. All agreements made between Dolls Gärtnerei Wien GmbH and the customer for the purpose of executing the contract must be set out in writing.

2.2 The offers from Dolls Gärtnerei Wien GmbH are subject to change and non-binding, unless otherwise agreed in writing.

2.3 If the customer places an order, he is bound to these two weeks from the date of receipt at Dolls Gärtnerei Wien GmbH. The contract is concluded when Dolls Gärtnerei Wien GmbH accepts the order. Acceptance must be made in writing (e.g. by order confirmation by letter or fax) or via e-mail, unless Dolls Gärtnerei Wien GmbH clearly indicates (e.g. by taking action on the basis of the order) that it accepts the order.


3. Scope of services, order processing

3.1 The scope of the services to be provided results from the customer's order or the service description or the information in the contract. Subsequent changes to the service content must be in writing.

3.2 All services provided by Dolls Gärtnerei Wien GmbH (in particular all preliminary drafts, sketches, final artwork, CAD-supported furnishing plans, etc.) must be checked by the customer and approved within two days. If they are not released in good time, they are deemed to have been approved by the customer.

3.3 Dolls Gärtnerei Wien GmbH will immediately provide the customer with all the information and documents required to provide the service. He will inform you of all processes that are important for the execution of the order, even if these circumstances only become known during the execution of the order. The customer shall bear the expenses incurred as a result of the fact that work has to be modified or repeated or delayed as a result of incorrect, incomplete or subsequently changed information from Dolls Gärtnerei Wien GmbH.

3.4 The customer is also obliged to check the documents (photos, etc.) made available for the execution of the order for any existing copyrights, trademark rights or other rights of third parties. The associated costs have to be borne by the customer. Dolls Gärtnerei Wien GmbH is not liable for violations of such rights. If Dolls Gärtnerei Wien GmbH is held liable for such an infringement, the customer shall indemnify and hold Dolls Gärtnerei Wien GmbH harmless and shall compensate Dolls Gärtnerei Wien GmbH for all disadvantages that arise from claims made by third parties.

3.5 The customer is aware that the subject of the services to be provided does not include any structural changes and does not include areas of electrical or installation engineering and also does not include any audio or video-supported demonstrations.


4. External Services

4.1 Dolls Gärtnerei Wien GmbH is entitled, at its own discretion, to perform the service itself, to use third parties to provide contractual services and/or to substitute such services.

4.2 Unless otherwise expressly agreed, procurement assistants are commissioned in their own name and the associated costs are charged to the customer.

4.3 Dolls Gärtnerei Wien GmbH will carefully select procurement assistants and ensure that they have the necessary professional qualifications.

4.4 The customer is aware that for the provision of any other materials or means, with the exception of plants, the involvement of procurement assistants is necessary.


5. Delivery and Delivery Times

5.1 Unless otherwise agreed in writing, the place of performance is the registered office of Dolls Gärtnerei Wien GmbH Blumen.

5.2 Agreements on deadlines and dates must be recorded or confirmed in writing. The specified delivery dates are only binding if a delivery date has been expressly guaranteed in writing. In the event of subsequent changes to the contract and the occurrence of events for which Dolls Gärtnerei Wien GmbH is not responsible, delivery times and dates must be re-agreed or automatically extended appropriately. In any case, the customer must tolerate minor exceeding of the delivery period without being entitled to a claim for damages or a right of withdrawal. Failure to meet deadlines beyond this only entitles the customer to assert their statutory rights if they have granted Dolls Gärtnerei Wien GmbH a reasonable grace period of at least two days. This begins with the receipt of a reminder letter to Dolls Gärtnerei Wien GmbH.

5.3 After the grace period has expired without result, the customer can withdraw from the contract. However, there is only an obligation to pay damages from the title of delay in the event of intent or gross negligence on the part of Dolls Gärtnerei Wien GmbH.

5.4 If the types or decorations ordered are no longer available, Dolls Gärtnerei Wien GmbH will provide a replacement in equivalent types/decorations at its discretion, unless this has been expressly excluded in writing.

5.5 In any case, unavoidable or unforeseeable events – in particular delays on the part of Dolls Gärtnerei Wien GmbH’s contractors – release Dolls Gärtnerei Wien GmbH from adhering to the agreed delivery date. The same applies if the customer is in arrears with the obligations necessary to carry out the order (e.g. provision of documents and/or information). In this case, the agreed date will be postponed at least to the extent of the delay or for the duration of the unavoidable or unforeseeable event and the contract will be adjusted appropriately. If this is not economically justifiable, Dolls Gärtnerei Wien GmbH is entitled to withdraw from the contract in whole or in part. The customer will be informed of this immediately, claims for damages by the customer due to such a withdrawal are excluded.


6. Withdrawal from the contract

Dolls Gärtnerei Wien GmbH is particularly entitled to withdraw from the contract if the performance of the service is impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period, and if there are legitimate concerns about the customer's creditworthiness at the request of Dolls Gärtnerei Wien GmbH neither prepayment nor a suitable security before the performance of Dolls Gärtnerei Wien GmbH.


7. Fee

7.1 Unless otherwise agreed, Dolls Gärtnerei Wien GmbH is entitled to a fee for each individual service as soon as it has been provided, subject to a down payment to be made.

7.2 The sales tax in the respective statutory amount is not included in the offers from Dolls Gärtnerei Wien GmbH, unless it is expressly shown separately.

7.3 Dolls Gärtnerei Wien GmbH is only bound to the prices stated upon conclusion of the contract if a shorter service and delivery period than four weeks has been agreed. The same applies if the delivery is delayed by more than four weeks, calculated from the originally agreed delivery date, for reasons for which Dolls Gärtnerei Wien GmbH is not responsible or for which Dolls Gärtnerei Wien GmbH is not responsible. In these cases, Dolls Gärtnerei Wien GmbH is entitled to demand a reasonable increase in the agreed prices (increased purchase prices, wages, etc.). The customer will be informed of this in writing.

7.4 Dolls Gärtnerei Wien GmbH is entitled to demand advance payments to cover its expenses.

7.5 All services that are not expressly covered by the agreed fee will be remunerated separately. This applies in particular to all ancillary services provided by Dolls Gärtnerei Wien GmbH. All cash expenses incurred by Dolls Gärtnerei Wien GmbH that go beyond normal business operations (e.g. messenger services, shipping costs, travel, etc.) are to be reimbursed by the customer.

7.6 Cost estimates from Dolls Gärtnerei Wien GmbH are generally non-binding and subject to payment. If it is foreseeable that the actual costs will exceed the costs estimated in writing by Dolls Gärtnerei Wien GmbH by more than 20%, Dolls Gärtnerei Wien GmbH 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 announce cheaper alternatives. In the case of unavoidable cost overruns of up to 20% of the estimated costs, these costs can be invoiced without further ado.

7.7 Dolls Gärtnerei Wien GmbH shall be entitled to reasonable remuneration for all work by Dolls Gärtnerei Wien GmbH that the customer does not carry out for whatever reason. With the payment of this remuneration, the customer acquires no rights to this work; Concepts, drafts and other documents that have not been implemented must be returned to Dolls Gärtnerei Wien GmbH immediately and free of charge.


8. Payment

8.1 When the order is placed, a deposit of 30% of the agreed price must be paid, the remainder is due upon delivery, unless something else has been expressly agreed in writing.

8.2 Invoices from Dolls Gärtnerei Wien GmbH are due net cash without any deduction, unless the deduction of discount or the like has been expressly agreed in writing.

8.3 Checks, bills of exchange or other non-cash means of payment will only be accepted by Dolls Gärtnerei Wien GmbH on account of performance.

8.4 In the event of late payment, default interest of currently 12% pa shall be deemed to have been agreed.

8.5 Delivered goods remain the property of Dolls Gärtnerei Wien GmbH until full payment has been made.

8.6 The customer undertakes to bear all costs and expenses associated with the collection of the claim, in particular collection expenses or other costs necessary for appropriate legal prosecution.

8.7 If the customer defaults in payment, Dolls Gärtnerei Wien GmbH can make all other contracts concluded with the customer, services rendered and partial services due immediately.

8.8 Any agreed price reductions, rebates, cash discounts, etc. are only granted expressly and in writing and only in the event of timely payment; in the event of bankruptcy or settlement proceedings, any tariff discount is waived.

8.9 The customer is not entitled to offset his own claims against claims from Dolls Gärtnerei Wien GmbH, unless the customer's claim has been recognized in writing by Dolls Gärtnerei Wien GmbH or has been determined by a court.

8.10     A right of retention of the customer is excluded.


9. Presentations

9.1 Dolls Gärtnerei Wien GmbH is entitled to an appropriate fee for participation in presentations, which, in the absence of an agreement, at least covers the entire personnel and material expenses of Dolls Gärtnerei Wien GmbH for the presentation as well as the costs of all third-party services.

9.2 If Dolls Gärtnerei Wien GmbH does not receive an order after the presentation, all services provided by Dolls Gärtnerei Wien GmbH, in particular the presentation documents and their content, remain the property of Dolls Gärtnerei Wien GmbH. The customer is not entitled to continue to use them in any form whatsoever. Rather, the documents are to be returned to Dolls Gärtnerei Wien GmbH immediately and free of charge. Presentation documents may not be passed on to third parties or published, duplicated, processed or otherwise used without the express written consent of Dolls Gärtnerei Wien GmbH.

9.3 Likewise, the customer is prohibited from further use of the ideas and concepts introduced in the course of the presentations, regardless of whether the ideas and concepts are protected by copyright. By paying the presentation fee, the customer does not acquire any exploitation or usage rights to the services presented.


10. Right of Ownership or Use

10.1 All services provided by Dolls Gärtnerei Wien GmbH, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, concepts, photos, etc.), including individual parts thereof, remain the property, as do the individual workpieces or goods including rented and loaned plants and containers by Dolls Gärtnerei Wien GmbH. The customer only acquires the temporary right of use for the period specified in the contract. In particular, the workpieces or goods are to be returned to Dolls Gärtnerei Wien GmbH upon termination of the contractual relationship. By paying the fee, the customer only acquires the right of use for the agreed purpose and to the agreed extent of use. In any case, acquiring this right of use requires full payment of the fees charged by Dolls Gärtnerei Wien GmbH. Handing over to third parties for a fee or free of charge is prohibited. Changes to the services of Dolls Gärtnerei Wien GmbH, in particular their further development by the customer or by third parties working for him, are only permitted with the express consent of Dolls Gärtnerei Wien GmbH.

10.2 The same applies to the furnishings and equipment of all kinds made available by Dolls Gärtnerei Wien GmbH, such as tables, armchairs, bar and decorations including vessels, etc. These items remain the property of Dolls Gärtnerei Wien GmbH or, if they were provided by third parties , owned by them. Dolls Gärtnerei Wien GmbH assumes no liability of any kind whatsoever for items of equipment provided by third parties with regard to their nature or properties. Removed or damaged furnishings and fittings in accordance with this point of the contract will be charged to the customer at replacement value.

10.3 The plant goods delivered by Dolls Gärtnerei Wien GmbH remain the property of Dolls Gärtnerei Wien GmbH until all existing claims from the business relationship have been settled in full.

10.4 If the customer behaves in breach of contract, in particular in the event of default in payment, Dolls Gärtnerei Wien GmbH is entitled, but not obliged, to take back the delivered works. The customer already authorizes employees of Dolls Gärtnerei Wien GmbH to enter the relevant location or agency where the goods subject to retention of title may be located.


11. Warranty and Compensation

11.1 The customer must make any complaints in writing and justify them immediately, but in any case within two days after performance. In the case of justified and timely complaints, the customer has the right to have the service improved or replaced by Dolls Gärtnerei Wien GmbH.

11.2 If the notice of defects is justified, the defects will be remedied within a reasonable period of time, whereby the customer enables Dolls Gärtnerei Wien GmbH to take all measures necessary to examine and remedy the defects. Dolls Gärtnerei Wien GmbH is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for Dolls Gärtnerei Wien GmbH.

11.3 The reversal of the burden of proof according to § 924 ABGB at the expense of Dolls Gärtnerei Wien GmbH is excluded. The existence of the defect at the time of handover, the time the defect was discovered and the timeliness of the notice of defects must be proven by the customer. Hidden defects are to be reported immediately after their discovery. If a notice of defects is not raised or not raised in good time, the goods are deemed to have been approved.

11.4 Claims for damages by the customer, in particular due to delay, impossibility of performance, positive breach of contract, culpa in contrahendo, defective or incomplete performance, consequential damages or tort are excluded, unless they are based on intent or gross negligence on the part of Dolls Gärtnerei Wien GmbH.

11.5 Warranty and damage claims are limited to the amount of the order value excluding taxes, further claims by the customer, for whatever legal reason, are excluded.

11.6 By accepting the work, the customer confirms that he is aware of all care measures or that he has been informed about them by Dolls Gärtnerei Wien GmbH. A guarantee for the prosperity of the goods is not provided and the customer also takes over the related care measures when taking over the work.

11.7 In particular, Dolls Gärtnerei Wien GmbH assumes no liability for damage caused by natural death, incorrect or negligent handling, unsuitable means of transport, chemical or thermal influences or force majeure.

11.8 Insofar as liability is excluded or limited in accordance with the above provisions, this also applies to all claims due to culpa in contrahendo and breach of secondary obligations as well as to the personal liability of employees or vicarious agents.

11.9 If the customer is in default of acceptance or violates his other obligations to cooperate, Dolls Gärtnerei Wien GmbH is entitled to demand compensation for the damage incurred, including any additional expenses - this also includes damage to or loss of rental plants, accessories or other decorative parts that are provided for a fee 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 an order in whole or in part, Dolls Gärtnerei Wien GmbH is in any case 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 value. If the contract is canceled between eight and twenty days before the agreed delivery date, 40% of the order value. In the event of cancellation within a period of less than eight days before the agreed delivery date, 100% of the order value.


12. Termination

12.1 The client or customer is entitled to terminate the contractual relationship with Dolls Gärtnerei Wien GmbH at any time. However, the premature termination of the contractual relationship obliges the client or customer to pay the amounts listed in point 11.10.

12.2 In particular, Dolls Gärtnerei Wien GmbH has the right to terminate the contract if the down payment or a due invoiced service is paid on time despite a reminder by the customer or if, despite a request, services within the scope of the contractual agreement are not paid into the account of Dolls Gärtnerei Wien GmbH .

12.3 The contracting parties expressly agree that a reduction in the fee from Dolls Gärtnerei Wien GmbH due to saved expenses (e.g. due to premature termination of the contractual relationship) is excluded.


13. Liability

13.1 The liability of Dolls Gärtnerei Wien GmbH is based exclusively on the written agreements of the parties. All claims not expressly granted herein - including claims for damages, based on whatever law - are excluded, unless they are based on an intentional or grossly negligent breach of contract by Dolls Gärtnerei Wien GmbH. The injured party has to prove the existence of gross negligence.

13.2 In addition, the contracting parties agree that a claim for damages by the client against Dolls Gärtnerei Wien GmbH is limited to the agreed fee, for whatever legal reason.

13.3 Dolls Gärtnerei Wien GmbH is not liable for damage that has not occurred to the delivery item itself, in particular not for other financial losses or loss of profit. Under no circumstances is Dolls Gärtnerei Wien GmbH liable for structural conditions at the customer's premises, such as the existence of escape routes or installations due to fire protection regulations. All permits required for the event are also to be obtained by the customer. Dolls Gärtnerei Wien GmbH only takes on the (decorative) design of the premises that comply with all official regulations. Accordingly, Dolls Gärtnerei Wien GmbH is liable for compliance with fire protection regulations or other regulations imposed on the customer by whatever authority.

13.4 Unless otherwise agreed, the costs of transport are included in the agreed wages and the contractor bears the transport risk, unless otherwise agreed.

13.5 Since damaged or removed objects, plants and accessories are to be replaced by the customer, Dolls Gärtnerei Wien GmbH assigns the claims for compensation to the customer, who is then entitled to take recourse in his own name from the person responsible.

13.6 Dolls Gärtnerei Wien GmbH assumes that the customer takes out sufficient organizer liability insurance for the event, unless expressly agreed otherwise.


14. Governing Law

Austrian law shall apply exclusively to the legal relationship between the customer and Dolls Gärtnerei Wien GmbH, to the exclusion of international reference standards. The provisions of the UN Sales Convention do not apply.


15. Place of Performance / Place of Jurisdiction / Final Provisions

15.1 The place of jurisdiction for all disputes arising directly between Dolls Gärtnerei Wien GmbH and the customer is agreed to be the Austrian court which is locally and factually competent for Dolls Gärtnerei Wien GmbH.

15.2 This version of the General Terms and Conditions automatically supersedes all previous ones.

15.3 The customer agrees that his name and address may be stored for the purpose of communications and advertising.