GTC

GTC – General Terms and Conditions

Stand 27.01.2023

1) General

  1. These general terms and conditions (hereinafter “GTC”) apply to all contracts between the work orderer, buyer or client (hereinafter “customer”) and Keenley e.U. (hereinafter “we”, “us”, “our”) with regard to our goods, sales contracts , work contracts or other commissioned services are concluded. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed. If we have a long-term business relationship with the customer, these General Terms and Conditions shall apply even if no special reference is made to their validity. The GTC also apply to follow-up orders, even if they are not separately agreed orally or in writing.
  2. A consumer within the meaning of these GTC’s is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
  3. Employees of our company are prohibited from making any promises that deviate from these conditions. Verbal agreements are only effective if they are confirmed by us in writing.

2) Conclusion of a contract in the web shop/distance selling

  1. The product descriptions contained in our online shop do not constitute binding offers, but serve to enable the customer to submit a binding offer.
  2. The customer can submit the offer via the online order form integrated in our online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to us by post, e-mail or telephone.
  3. We reserve the right to accept the customer’s offer within five days,
  • by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by asking the customer to pay after they have placed their order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the supplier does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

  1. If the customer selects “PayPal” as the payment method during the online ordering process, by clicking the button that concludes the ordering process, he also issues a payment order to his payment service provider. In this case, in deviation from Section 2.3, we already declare acceptance of the customer’s offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
  2. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
  3. When submitting an offer via the supplier’s online order form, the text of the contract is saved by the supplier and sent to the customer in text form (e.g. email or letter) after the order has been sent along with these General Terms and Conditions. In addition, the text of the contract is archived on the supplier’s website and can be accessed by the customer free of charge via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the supplier’s online shop before sending his order.
  4. Before submitting the binding order via the supplier’s online order form, the customer can continuously correct his entries using the usual operator functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual operator functions.
  5. Only the German language is available for the conclusion of the contract.
  6. The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the supplier can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the supplier or by third parties commissioned to process the order can be delivered.

3) Conclusion of a contract 
outside of distance selling

Conclusion of a contract outside of distance selling/cost estimates/general information on the conclusion of a contract

  1. Verbal communications from our side – also at the request of the customer – are non-binding, even if they contain prices, dates and other technical specifications.
  2. The contract is concluded with the order confirmation sent by us to the customer. In any case, the contract is also concluded without the transmission of an order confirmation if the customer accepts the supplier’s offer in writing or signs our written order template.
  3. If the order confirmation signed by the customer deviates from his order, the order confirmation applies in case of doubt, provided the customer is not a consumer. In this case, no contract is concluded with a consumer.
  4. Our cost estimates are only binding if they have been created specifically for a customer and submitted in writing. We are bound to these cost estimates for 14 days from the date of submission.
  5. Offers and cost estimates will be reimbursed to the best of our knowledge; order-specific circumstances that are beyond the identifiability of our company cannot be taken into account. Should further work or cost increases become necessary during the execution of the order, our company will inform the customer immediately. If the customer does not make a decision within one week regarding the continuation of the interrupted work or does not accept the cost increases, our company reserves the right to invoice the partial service provided and to withdraw from the contract.
  6. We reserve the right to insignificant, reasonable deviations in design (drawings), dimensions and finishes (color and structure) – regardless of the type of contract concluded – since these are in the nature of the materials used and are common. In particular, material-related changes, e.g. in dimensions, colours, wood and veneer appearance, grain and structure, etc. are deemed to be objectively justified.

4) Right of Withdrawal

Consumers residing in the EU have the right to withdraw from contracts if

  1. the contract is concluded with the simultaneous physical presence of the entrepreneur and the consumer at a place that is not the business premises of the entrepreneur,
  2. for which the consumer has made an offer under the circumstances specified in point 2,
  3. which is concluded on the business premises of the entrepreneur or by means of distance communication immediately after the consumer has been addressed personally and individually in a place other than the business premises of the entrepreneur in the simultaneous physical presence of the entrepreneur or his representative and the consumer, or
  4. concluded on an excursion organized by an entrepreneur or by his agents with the intention or with the result that the entrepreneur advertises or has advertised the sale of goods or the provision of services to the consumer and corresponding contracts with the consumer completes
  5. the contract is concluded between a trader and a consumer without the simultaneous physical presence of the trader and the consumer within the framework of a distribution or service system organized for distance selling, where up to and including the conclusion of the contract only means of distance communication are used;
  6. the consumer has not made his contractual declaration either in the premises used by the entrepreneur for his business purposes or at a stand used by him for this purpose at a trade fair or market, or the entrepreneur or a third party working with him has not informed the consumer as part of a promotional trip or an excursion or a similar event or through a personal, individual approach on the street to the premises used by the entrepreneur for his business purposes and the contract does not fall under nos. 1. – 5.

The right of withdrawal according to Z.6. is not entitled to the consumer

  1. if he himself initiated the business relationship with the entrepreneur or his representative for the purpose of concluding this contract,
  2. if the conclusion of the contract was not preceded by discussions between the parties or their representatives or
  3. in the case of contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the nature of the company is not operated in permanent business premises and the fee does not exceed 50 euros
  4. in the case of contractual declarations that the consumer has made in the physical absence of the entrepreneur, unless he has been urged to do so by the entrepreneur.

The consumer has no right of withdrawal in the case of distance selling contracts or contracts concluded outside of business premises in accordance with lines 1. – 5. above

  • Goods made to customer specifications or clearly tailored to personal needs.
  • Services if the entrepreneur – on the basis of an express request by the consumer and a confirmation from the consumer that he was aware of the loss of the right of withdrawal in the event of complete performance of the contract – had started to perform the service before the end of the withdrawal period and the service was then fully provided,

The consumer also has no right of withdrawal for contracts that are concluded outside of business premises (lines 1.- 4.) and for which the fee to be paid by the consumer does not exceed the amount of 50 euros.

Further exceptions and more detailed information on the right of withdrawal can be found in our cancellation instructions.

5) Prices and terms of payment

  1. Unless otherwise stated in our product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
  2. In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
  3. Various payment options are available to the customer for distance orders, which are specified in our online shop.
  4. If payment in advance has been agreed when purchasing via the online shop, payment is due immediately after conclusion of the contract.
  5. If partial payment is agreed when purchasing via the online shop, 50% of the order amount is due immediately after conclusion of the contract. The remainder is due upon completion and invoicing. Invoices are due within 14 days. Any promised delivery period only starts to run when the final payment has been received.
  6. If you select the “PayPal” payment method, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https:// www .paypal.com/de/webapps/mpp/ua/useragreement-full .
  7. Unless otherwise agreed, 50% of the order amount is due upon receipt of the order confirmation for contracts that were not concluded via the online shop. The remainder is due upon completion and invoicing. Invoices are due within 14 days. Any promised delivery period only begins on the day of payment
  8. In the event of default, the customer undertakes to reimburse the dunning and collection fees necessary for appropriate legal action, insofar as these are in reasonable proportion to the claim made, and to pay default interest of 9% pa. The statutory interest on arrears for entrepreneurs remains unaffected.
  9. If the customer fails to make his payments, stops making payments or if his assets are declared bankrupt or filed for settlement, the entire remaining debt becomes due.

In the case of consumer transactions, this only applies if we have already rendered our services, at least one outstanding service by the customer has been due for at least six weeks and we have unsuccessfully reminded the customer, threatening to miss the deadline and setting a grace period of at least two weeks.

6) Repairs

We draw the customer’s attention to the inefficiency of a repair if the customer does not expressly insist on repair at any price. If it only turns out in the course of carrying out the repair and without our knowing that the item is unsuitable for restoration based on our specialist knowledge when the contract was concluded, we will inform the customer immediately. In this case, the customer has to pay the costs incurred up to that point or, if he insists and this is still technically possible, the costs for the assembly of dismantled items.

7) Delivery and shipping conditions

  1. Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the supplier’s order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
  2. If the transport company sends the shipped goods back to the supplier because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the supplier announced the service a reasonable amount of time in advance.
  3. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the supplier has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the supplier hands over the goods to the carrier,
  4. In the case of self-collection, we first inform the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the supplier’s headquarters after consultation with us. In this case, no shipping costs will be charged.

8) Retention of title

  1. We reserve ownership of the delivered goods until the purchase price owed has been paid in full.
  2. We reserve ownership of the delivered goods towards entrepreneurs until all claims from an ongoing business relationship have been settled in full.
  3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the amount of the respective invoice value (including sales tax) in advance to the supplier. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The supplier’s authority to collect the claims himself remains unaffected. However, the supplier will not collect the claims as long as the customer meets his payment obligations to the supplier, does not default in payment and no application for the opening of insolvency proceedings has been filed.

9) Warranty

In the event of defects, the provisions of the statutory warranty apply. Notwithstanding this, the following applies:

  1. For entrepreneurs
  • an insignificant defect generally does not justify any warranty claims;
  • the supplier has the choice of the type of remedy;
  • the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
  1. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the supplier of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual warranty claims.
  2. The customer is informed that after-treatments may have to be carried out on his part, in particular oiled surfaces – due to the weather – should be regularly checked and after-treated. This work is not part of the scope of the order. Failure to carry out post-treatment can impair the service life and functionality of the goods without this resulting in claims for defects being made against us.

10) Liability

We are liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

  1. We are fully liable for any legal reason
  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health.
  1. If an essential contractual obligation is negligently breached by us, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause.
  2. Apart from that, liability on the part of the supplier is excluded.

11) Third Party Infringement Indemnification


If, according to the content of the contract, we owe not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must ensure that the content provided to the supplier for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights ) injure. The customer indemnifies us against third-party claims that they may assert against the customer in connection with a violation of their rights through the contractual use of the customer’s content by us. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged.

12) Duty to Cooperate

  1. The customer (principal) is responsible for arranging the necessary permits from third parties, notifications to the authorities and obtaining permits in a timely manner and at his own expense. Furthermore, the customer must check whether the goods to be delivered or the service to be performed conform to the applicable legal provisions.
  2. If the customer fails to carry out a corresponding check or obtain the necessary approvals, the supplier is not liable for the resulting damage or delays in execution and is moreover entitled to reimburse the additional expenses and costs arising from the delay caused by the customer to demand this. If the customer is a consumer, the applicability of the provision of § 1168a ABGB remains unaffected.
  3. The customer is obliged – if necessary also with the involvement of an authorized third party – to confirm this by signing a worksheet after the contractual delivery or service. If the customer is not a consumer, he thereby confirms the defect-free fulfillment of the contract.

13) Governing Law/Jurisdiction

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN sales law. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer resides.

If the customer is an entrepreneur within the meaning of Section 1.2, the place of business of the supplier is agreed as the exclusive place of jurisdiction. The place of jurisdiction for both actions brought by the entrepreneur against the consumer and for actions brought by the consumer against the entrepreneur is at the place of residence of the consumer if the consumer is resident in the EU but not in Austria. If the consumer has his domicile or habitual abode in Austria, he can only be sued at the court in whose district the domicile or habitual abode is located; In this case, the entrepreneur can only be sued by the customer at his place of business, unless another place of jurisdiction is legally given.

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