Dear customer of OJUVI EOOD, GmbH
www.tableuniverse.com is not a web shop or mail order company within the meaning of the E-Commerce Act. A sales contract is only concluded if you do not reject the order confirmation including transport costs sent by us within 3 days . As long as a sales contract does not come about, it is valid Your order as a non-binding purchase offer to you . We ask for your understanding that we can only guarantee you the actual availability of the ordered products on the order confirmation – which is valid as an offer we will contact you by phone if you wish. We are also happy to provide you with more informationor to send more images of our products.
We are constantly striving to improve our products, shorten delivery times and offer you a personal and good service. However, things can sometimes not run quite so smoothly or something is unclear. That’s why we need ground rules so that we can get along well if the worst comes to the worst. In dry legal German, this is called “General Terms and Conditions”. I hope, however, that we can manage without general terms and conditions and that we can find better solutions through personal communication if there are any uncertainties. M.М ustafov , executive director
1.1. These General Terms and Conditions (“GTC”) apply to all contracts, in particular the sale and delivery of goods, as well as the submission of legal declarations by OJUVI EOOD GmbH (“Seller”).
1.2. The general terms and conditions of the buyer are completely ineffective unless the seller confirms in writing individual, precisely quoted conditions of the buyer. If the seller executes the order (even only partially), the seller’s general terms and conditions apply exclusively, even if the buyer refers to his general terms and conditions in the business papers. By placing an order, the buyer agrees to these terms and conditions and is bound by them. The General Terms and Conditions apply to the entire further business relationship between seller and buyer, in particular for all future deliveries and orders, even without special notice.
1.3. Seller’s offers are non-binding and subject to change. A contract is formed when the seller confirms the order in writing or when the seller actually complies with the buyer’s order. The condition for the conclusion of the contract is that the customer pays a deposit of at least 20% of the purchase price, unless a higher deposit has been expressly agreed. Reference is made to point 3.1, according to which the seller is entitled to withhold the delivery as long as the buyer has not paid the purchase price in full in cash or transferred it .
1.4. The place of performance for deliveries, services and payments for both parties is the seller’s place of business, even if the handover takes place at a different location as agreed. For disputes arising from the business relationship, only the competent court in Vienna Inner City is agreed; this also applies to all disputes arising from subsequent work contracts with the seller (e.g. repairs) with regard to the object of purchase; the seller can also assert his claims at the general place of jurisdiction of the buyer. § 14 KSchG applies to consumers .
1.5. The seller asks for your understanding that “made-to-measure furniture” orders can only be placed with a total value of €500 or more.
2.1. Any ancillary costs of the contract, such as credit charges and interest, costs of any security, fees, interest, exchange charges, court and legal fees and extrajudicial dunning costs are the responsibility of the buyer.
2.2. Prices stated in catalogues, brochures, price lists, on the homepage etc. are always non-binding and subject to change unless expressly stated otherwise in writing. This also applies to repeat orders.
3. Delivery / collection / inspection of the goods
3.1. The seller always endeavors to meet the agreed delivery dates. Promises by the seller about the delivery time (delivery time) – especially for deliveries abroad (from Indonesia, India, China, Turkey, etc. ) – are based on the seller’s experience with similar orders in the past and can usually be carried out without any problems , but may happen not to be complied with for unforeseeable reasons. (War, natural disasters, economic crisis, freight problems, customs complications, etc.) If a delivery period has been agreed expressly or in writing, it beginsthey shall expire upon receipt of Seller’s written acceptance. The mere agreement of a delivery date without a down payment by the buyer does not make the contract a fixed transaction. In general, there is only a delay in delivery if the buyer has given the seller a reasonable grace period (of at least 6 weeks) . However, for custom-made products (models that are not in the Tableuniverse collection or the Tableuniverse models modified according to customer requirements), the seller may need significantly longer delivery times (up to 18 weeks). The seller can withhold delivery as long as the buyer is in arrears with a due (partial) payment, whether under this contract or other contracts concluded with the seller, i.e. thedoes not pay the purchase price in full in cash or transfer it to the seller’s account (incoming).
3.3. Claims for damages by the buyer due to non-performance or late performance of the contract are excluded unless liability is mandatory in cases of intent or gross negligence. If the buyer is a consumer, the seller’s liability is limited to cases of intent and gross negligence.
3.4. Circumstances beyond the control of the seller, such as in particular “force majeure”, technical transmission errors or deletion of files, acts or omissions of persons who are not employed by the seller or have been commissioned by the seller, in particular carriers and freight forwarders, as well as Changes subsequently requested by the buyer extend the delivery period accordingly.
3.5. The buyer was expressly informed that the liability for transport damage in the case of customer deliveries is borne exclusively by the commissioned forwarding agent, provided that the seller uses his own means of transport for transport . The seller acts as an intermediary between the shipping company and the buyer. It is strongly recommended that the goods be fully inspected and inspected upon receipt. If transport damage is determined, the buyer is entitled to refuse acceptance or to return the goods damaged in transport immediately. Later complaints will not be recognized by transport companies or their insurance companies. The buyer is not entitled to the tGoods damaged during transport should only be returned to the seller after acceptance without a fixed compensation agreement having been made with the forwarding company.
3.6. Unless an express agreement has been made with the seller, the collection and inspection location of the purchased or ordered goods is the following address : A-2331, Vösendorf, Schönbrunner Allee 44 (company premises AUER KG)
3.7. All pickup/viewing customers are asked to call the seller or make a fixed appointment at least one day before picking up/viewing. Spontaneous collections / viewings without an appointment will not be accepted without exception.
3.8. The buyer is expressly requested – insofar as this is geographically possible – to inspect the custom-made furniture ordered prior to delivery at the inspection location in A- 2331Vösendorf Schönbrunner Allee 44 or to check its availability. On request, the seller will send photos of the furniture in question to the buyer if the geographical distance makes it difficult to inspect the goods or if the buyer concerned is unable to inspect the furniture for private reasons. If the result of the photographic mediation is satisfactory, the ordered goods shall be deemed to have been checked or released for delivery.
4. Terms of Payment
4.1. Unless otherwise expressly agreed in writing, invoices from the seller are payable immediately net and without deduction, either in cash at the seller’s cash desk or to a person with written collection authority from the seller . Payment By bank transfer to a bank named by the seller is only made by virtue of an express written agreement, whereby transfers are made at the risk of the buyer and must be arranged in good time so that the Seller received the credit when payment is due . Bills of exchange and checks are only accepted after special written agreement and on account of payment; Collection and discount charges shall be borne by the buyer.
4.2. In the event of late payment, the seller is entitled to charge interest at a rate of 8 percentage points above the applicable base interest rate of the Austrian National Bank, but at least 12% pa; the assertion of higher interest on arrears remains reserved if the seller uses external funds with higher interest rates or if the delay has otherwise resulted in higher damage.
4th 3rd _ The buyer cannot offset his claims against the claims of the seller; if the buyer is a consumer, the buyer can only set off against claims of the seller in the cases specified in § 6 Para. 1 Z 8 KSchG .
4th 4th _ Likewise, a right of retention (including the right to refuse performance) of the buyer against claims of the seller of any kind is excluded, unless the buyer is a consumer and it is an invalid agreement according to § 6 Para. 1 Z 6 and 7 KSchG.
4. 5 . If the buyer defaults in payment , the seller can request the dunning and collection fees necessary for appropriate legal prosecution, whereby the buyer undertakes to reimburse the fees of the collection agency involved , which result from the BMWA ordinance on the maximum rates for collection agencies .
4th 6th _ Rebates or cash discounts expressly granted in writing are conditional upon receipt of full payment.
4.7. Objections to invoices must be made in writing within three days of receipt, otherwise the invoices are deemed to have been approved by the buyer.
5.1. It is expressly pointed out that the solid wood products operated under the brand name “Tableuniverse” are traditionally handcrafted in Bulgaria under simple conditions. The nature of the production process or the choice of material for the products alone does not give rise to any complaints. The seller cannot guarantee perfection in this regard, which corresponds to the standards of industrial mass products in Europe. It can also -due to climate and humidity differences between vesturope and bulgaria, since the table tops or surfaces of the solid wood products show cracks in the first 3-6 months after delivery. Furniture products made of reclaimed oak may show signs of wear and stains, small holes and bumps on the surface. These alone are not considered defects or the seller is not obliged to agree to a change in this regard. The seller assumes that the buyer is familiar with the general knowledge of the natural properties of solid wood. At the request of the buyer, however, the seller can refurbish the affected furniture through professional work. The cost of picking up and returning the goods is borne by the buyer, unless a special agreement is made. The seller assumes no liability for the storage of repaired or returned goods that are not picked up on time. Timely collection period is a maximum of 8 weeks. The seller hasFurthermore, there is no obligation to keep the uncollected repair or refurbishment goods. All customer claims in this regard are excluded without exception, unless storage for a fee and for a limited period of time has been agreed in writing.
5.2.Closed and/or heated interiors impair the safe use or functionality of the goods, cause deformations and cracks. The buyer therefore avoids the unsuitable storage of the goods.
5.3. The seller operates under the brand “Tableuniverse” exclusively natural wood or solid wood from Europe, which is not comparable to industrially manufactured plywood, plywood, plywood, compressed wood products. Relationships and property comparisons with MDV and Spannstaltenarten should be excluded. The buyer has no warranty for minor changes, cracks, shrinkage or deformation (especially on the front of oak furniture) that usually arise with the use of solid wood furniture as a tropical wood species. It is expressly pointed out that indoor furniture must also not be placed in the immediate vicinity of hot spots (radiators, etc.) in the first 3 months in order to avoid severe cracks. It is also indicated that the products are characterized by deformations and surface modifications that are inevitable due to the characteristics of the wood or that in no way cause modifications. (See 5.1.) It should also be noted that in the series. “Unikat”, “Bule”, “Akar” table tops are prone to cracking and bending, which is more pronounced in some boards, but this is not a reason to switch. The exchange can take up to a year. The drying of the affected plates takes a long time. If the buyer has the furniture reimbursed externally at his own expense and initiative,
5. 4 . In addition, it is expressly pointed out that various grains or branches / damaged areas filled with wood or wood dust, including color differences on tabletops or other furniture, do not constitute a reason for complaint.This is a production issue which is in no way controllable by the seller. Therefore, neither the buyer nor the seller can influence the nature of the grain or the colors. (By the way, the differences in the color of the outer area are the same.) It is also noted that there are slight differences between online photos and real products. Product photos are usually taken via phone photo or smaller. The product service only works after the product has taken place. This is especially true for the solo exhibition “ Burgas ” and others.
5. 5 . The seller also offers the manufacture of furniture according to customer requirements. As soon as the size, color, material, style and appearance differ from those of the regular goods from “Tableuniverse” , the order is considered a special order (made -to-measure furniture ). Since special orders in Bulgaria are carried out with simple operations of traditional family companies, there may be slight differences in format , colour, material andoptical appearance. Not applicable as a reason for complaint. A withdrawal from the purchase contract for special orders by buyers is only possible with the consent of the management. As the costs of labour, material and transport are very high, the buyer must take the higher costs into account in the event of a contract.
The seller recommends that those customers who place special orders bring relevant drawings of the furniture in order to avoid possible mistakes. Detailed drawings from sellers are also possible, but subject to a fee. Seller cannot promise flawless production or take any responsibility if a special order is based only on the customer’s request descriptions or some incomplete sketches. Proper production is only possible with a corresponding drawing.
5th 6th _ The seller would like to draw the attention of those customers who want to have their wishes realized with their own furniture designs or who therefore place an order, that a guarantee regarding the perfect construction is excluded unless there is a technical-professional drawing provided by the seller Is accepted. The same applies to the company’s own collections, whose formats have been changed at the express request of customers. The seller asks for your understanding that the success of the design changes cannot always be foreseen.
5. 7 . The seller is not liable for damage due to improper storage and use of the goods,
5th 8th _ The seller only provides a warranty within the framework of the statutory provisions if the purchase price has been paid in full by the buyer. The warranty period only begins when the purchase price has been received in full. Unless he expressly guarantees the buyer that certain defects he has identified will be remedied within a certain period of time after delivery.
5. 9 . Furthermore, the buyer has no warranty claim if the material provided by him or the instructions given by him were unsuitable. The buyer was expressly informed that wood preservatives or oak are unsuitable as “care” for the oak furniture and the seller accepts no liability if the buyer treats the oak furniture with anything other than “oak care”.
5.10. The buyer must check the delivered goods immediately after delivery with the care required in accordance with Section 377 f HGB and note any defects that can be identified in detail on the delivery note or bill of lading, otherwise any claims – in particular claims for damages – are excluded; if an immediate inspection is not possible upon acceptance, this circumstance must be noted on the delivery note or bill of lading, otherwise all claims are excluded, and any defects identified during the subsequent inspection must be reported in detail in writing within 8 days of delivery. If the buyer has given notice of any defects in good time, he is only entitled to rectification or replacement within a reasonable period of time, but not to a price reduction or rescission; In any case, the warranty claim expires as a result of unauthorized interference with the objects of sale. The validity of § 924 ABGB is expressly excluded. If the buyer is a consumer, point 5.4. no use.
5.11. The buyer acknowledges that defects in goods sold as part of a sale, in particular defects in goods designated as “remainders”, “remainders”, “exhibits”, “discontinued models” or in a similar way, as well as goods that were sold at the were (partially) damaged during transport, there is no warranty (§ 928 ABGB). The buyer was expressly informed of defects associated with such goods, in particular a shortened period of use, lower resilience or stability or unsuitability of the goods marked in this way.
6.1. Claims for damages by the buyer against the seller are limited to cases of intent or gross negligence. If the buyer is a consumer, the seller’s liability for damage to property is limited to cases of intent and gross negligence. Contractual protective effects in favor of third parties are excluded, unless it is a matter of intent or gross negligence.
6.2. The price risk passes to the buyer when the object of purchase is handed over to the buyer or his authorized representative; in the case of shipping at the buyer’s expense, with the handover of the object of purchase to the transport person, in the event of a delay in shipping due to circumstances for which the seller is not responsible and if collection by the buyer has been agreed, with the notification that the object of purchase is ready for shipment.
6.3. The transport risk always falls on the buyer, even if carriage paid delivery with own or third-party means of transport has been agreed. The buyer must claim transport damage directly from the carrier (forwarding agent, carrier), especially if he ordered a special type of shipping (DHL, Bahn-Express and etc. ). The transport risk is only insured on the basis of a written agreement and only at the expense of the buyer.
7.1. The buyer is only entitled to return delivered goods with the written consent of the seller and under the conditions specified by the seller in the individual case; In any case, the goods must be returned carriage paid and without cash on delivery at the risk and expense of the buyer.
8.1. All costs incurred in connection with the delivery are to be borne solely by the buyer. If such costs are stipulated by the seller, they will be passed on to the buyer. The goods are shipped at the buyer’s risk. A deposit may be required for special orders.
9.1. Should individual provisions be legally ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of these conditions. In this case, provisions that come as close as possible to the economic result of the ineffective provisions shall be deemed to have been agreed.
9.2. All agreements with the buyer are subject to Austrian law, to the exclusion of the UN Sales Convention.