General Business Terms and Conditions for TÜCHLER

Valid from 01 January 2016 

1. Scope/Definitions

   (a) For business relationships between Tüchler Bühnen- und Textiltechnik GmbH (hereinafter the “Supplier”) and the customer (hereinafter the “Customer”) based on orders via the web shop www.shop.tuchler.net (hereinafter the “Web shop”), or any other type of contract, the following general business terms and conditions (hereinafter “T&C”) in the version valid at the time of ordering apply exclusively. Customer conditions deviating from this are not recognised, except if the Supplier explicitly agrees to such in writing.
   (b) The Customer is a consumer, if he concludes the contract for a purpose which is neither related to his commercial nor freelance occupational activity. The Customer is a business entity if he acts as a natural or legal entity or company with legal capacity in concluding the contract while exercising his commercial or freelance occupational activity.

2. Types of deliveries and services offered

   (a) The Supplier offers deliveries and services for use in the events business for professional users. All information or statements made on websites, sales materials, offers, order confirmations, delivery notes, invoices or elsewhere refer to, unless expressly stated otherwise, use in the events industry.
   (b) The events industry includes everything from event organisers, community and school stages to event and multi-purpose halls to large-scale events, TV, film, theatre, opera with fixed installations and event venues or decoration. The varying requirements which arise in combination with the fact that events must offer something “special” but are often of short duration, have led to the development of sector-specific features.
   This includes, for example, prototypes developed for single use in order to make a show unique, the use of industry products for purposes other than those intended by the manufacturing industry, such as the use of lifting equipment for lifting people or the use of loosely laid floor coverings.
   On the other hand, this also includes products developed specifically for use in events, such as backdrops or textiles, foils, surfaces and textures which would not “conform to standards” as used elsewhere.
   Another special characteristic is the low requirements with regards to surface finish and quality in comparison to the project or home industry. Also, the fact that there are neither national nor international valid norms nor standards for many of the products and services in this industry.
   (c) Therefore, the Supplier renders deliveries, services and finished goods, unless explicitly agreed elsewhere, according to the customary criteria for the event industry. The delivery, service or execution is deemed customary if the implementation of the delivery, service or execution called into question has been previously used in a similar application or way, regardless of the country of implementation, without problems.
   Thus, reports of deficiencies based on representative norms and standards, whether these are DIN, ÖNORM, EN or national norms and standards, as well as expert assessments based on such norms and standards are excluded, unless these norms or standards are expressly agreed in writing, are mandatory law or are part of these T&Cs.

3. Deviations and tolerances

   (a) The Supplier always endeavours to deliver the contractually agreed quantities. This is not always possible due to technical grounds. In particular, the regulated lengths for products from the textile industry (sold by the metre) often vary significantly. Hence, over or under deliveries of up to max. 15% shall be considered agreed upon. For purposes of calculation, the actual delivered quantity is sufficient, regardless of the quantity ordered, as long as this deviation does not surpass 15%. For special colouration or customer-specific volume orders, this applies to the same extent for the total volume.
   (b) The following applies relating to textiles, foils, dance surfaces and similar surfaces:
   (i) Customary trade or technical production variations such as colour or measurement deviations as well as changes to technical data remain reserved.
   (ii) The following deviations and tolerances apply:
   • Bias stretch: +/- 1.5% of the cloth width
   • Length deviation: +/- 3%
   • Shrinkage deviation : +/- 3%
   • Deviations in measurements for textiles, similar surfaces in assembled condition: +/- 1.5 %.
   (iii) Further, the uniform terms and conditions of the German textile industry apply.

4. Conclusion of contract via the Webshop

   (a) The Customer’s contractual partner is
   Tüchler Bühnen- und Textiltechnik GmbH, Rennbahnweg 78, 1220 Vienna, Austria, Managing Directors: Mag.Ing. Christoph Lach, Georg Lach, Vienna Trade Court, FN265204g, Administrative body according to ECG: Magistrate district court in the XXII district, shop@tuchler.net, +43 (0) 1 400 10, shop.tuchler.net
   (b) The presentation of the Supplier’s wares on the Webshop is not binding. The Customer can collect goods from the web shop range in the so-called basket by clicking the button “add to basket”. Prior to submitting the order, the Customer can change the goods collected at any time. Immediately before the order is submitted, the Customer receives an order summary, and the Customer can check and change this. The Customer can only submit the order after clicking on the “I accept the applicable T&Cs” box, thereby accepting these contractual conditions.
   (c) By clicking the “Order and pay” button, the Customer submits a binding offer to buy the goods collected in the basket.
   (d) Then the Supplier sends the Customer an automatic confirmation of receipt by email, which lists the Customer’s order again. This confirmation email only confirms receipt of the Customer’s order, it does not constitute acceptance of the order.
   (d) The Supplier accepts the Customer’s offer by sending the goods. The Supplier then sends the Customer a dispatch notice by email.
   (e) The Supplier reserves the right to reject Customer orders within 10 working days without statement of grounds by sending an email to the customer.
   (f) The Customer can cancel the order prior to receipt of the dispatch notice by sending an email to storno@tuchler.net as long as the order is not in production or process.
   (g) Order data and T&Cs are sent to the Customer along with the dispatch notice by email.

5. Conclusion of contract outside of the Webshop

   (a) The Customer’s contractual partner is:

   (i) if the Customer resides in the Republic of Austria:
   Tüchler Bühnen- und Textiltechnik GmbH
   Rennbahnweg 78
   1220 Vienna, Austria
   Phone: +43 (0)1 400 10
   Fax: +43 (0)1 400 20
   E-Mail: info@tuechler.at
   Vienna Trade Court, FN265204g
   UID Number: ATU61869589
   Managing Directors: Ing. Mag. Christoph Lach

    

   (ii) if the Customer resides in the Federal Republic of Germany:
   TÜCHLER Deutschland GmbH
   Tirolerstraße 6
   845659 Recklinghausen, Germany
   Phone: +49 (0)2361 302 36-0
   Fax: +49 (0)2361 302 36-29
   E-Mail: info@tuechler.de
   Trade register; HRB6664, Recklinghausen District Court
   UID Number: DE281122872
   Managing Directors: Ing. Mag. Christoph Lach

    

   (iii) if the Customer resides in Poland:
   Tuchler Polska Sp. z o.o
   Ul. Staniewicka 18
   PL-03-310 Warszawa
   t: +48 (22) 647 90 50
   f: +43 (1) 2533033 1870
   mail: info@tuchler.pl Numer KRS: 0000250239
   Wydział KRS: XIII Wydział Gospodarczy Krajowego Rejestru Sądowego, Sąd Rejonowy dla M.St. Warszawy w Warszawie
   NIP: PL9512169907
   Zarząd: Mgr.Inż. Christoph Lach

    

   (iv) if the Customer resides in the Czech Republic:
   Tuchler jevištní & textilní technika spol. s r.o
   CZ - 664 53 Újezd u Brna
   Komenského 427
   t: +420 5 4422 9001
   f: +420 5 4422 4202
   Commercial registry number: 41604270
   Commercial registry court: Brno
   UID-Number: CZ41604270
   Managing Director: Ing.Mag. Christoph Lach

   (v) If the Customer resides in a country other than those named under 5.(a).(i) to 5.(a).(iv):
   Tüchler Bühnen- und Textiltechnik GmbH, Rennbahnweg 78, 1220 Vienna, Austria, Managing Directors Ing. Mag. Christoph Lach, Vienna Trade Court, FN265204g, info@tuechler.at, Tel.: +43 (0)1 400 10

   (b) You will receive a written offer from the Supplier. This offer contains all order details, in particular, measurements, execution details, and possibly sketches or plans in the case of custom orders. The purchase contract shall only be considered concluded when the Customer confirms the offer by email, fax or SMS. If the Customer does not have the possibility to do so, we will also accept spoken confirmation – however, the risks and costs due to inaccurate information in the offer or order confirmation shall be borne by the Customer.
   (c) The Supplier reserves the right to revoke all offers and order confirmations within 14 working days without citing grounds, if the Customer does not provide confirmation prior to expiration of the time limit. All offers are non-binding.

6. Cancellation rights, policy and consequences

   If the Customer is a consumer, he has the right to cancellation. Cancellation rights do not apply to distance selling contracts for the delivery of goods which have been manufactured according to customer specifications.

7. Prices and delivery costs

   (a) All prices stated in the Webshop include the current applicable VAT plus additional delivery costs.
   (b) The delivery costs for each product can be calculated online in the “Delivery Costs” tab.
   (c) In the case of cancellation according to item 6, the Customer shall bear the regular costs for return delivery, if the product delivered corresponds to the order and if the price of the returned goods does not surpass 40 Euros or, in the case of a higher price, the Customer has not provided a service in return or carried out contractually agreed partial payment. In all other cases, the Supplier will bear the costs for return shipment.

8. Payment, payment deadlines, delays in payment

   (a) Upon conclusion of the contract via the Webshop, the following applies:
   (i) The Customer can pay for the goods by credit card (Visa, MasterCard), on account (only for registered and approved customers) or immediate bank transfer.
   (ii) The Customer selects the payment method during the order process. However, the Supplier retains the right to only accept certain payment methods in individual cases. If the customer chooses direct debit and the debit is returned, the Customer must compensate the Supplier for any bank fees charged, unless the Customer is not responsible for the returned debit.
   (iii) The payment of the purchase price is due upon conclusion of the contract.
   (iv) Delay of payment occurs when the Customer does not pay the invoice within 30 days after due date and receipt of invoice.
   (b) The following applies to conclusion of contracts outside the Webshop:
   (i) The Customer can pay for the goods by credit card (Visa, MasterCard), direct debit, in cash or payment on delivery.
   (ii) If the Customer chooses direct debit and the debit is returned, the Customer must compensate the Supplier for any bank fees charged, unless the customer is not responsible for the returned debit.
   (iii) The payment of the purchase price is due upon conclusion of contract subject to points 8 (b) (iii) and (iv).
   (iv) If the Customer chooses direct debit and the debit is returned, the Customer must compensate the Supplier for any bank fees charged, unless the customer is not responsible for the returned debit. [SKM1]
   (v) If the purchase price for the order is higher than € 150.00 or the Customer has agreed on delivery on open account with dispatch note, the payment is due within 14 days net cash from date of invoice subject to point 8 (b) (iv)..
   (vi) If a deposit has been agreed, then the payment must be paid in the amount and on the exact date agreed or in the absence of contractual regulations, within 3 working days after conclusion of contract. Agreed delivery dates begin with the receipt of the deposit by the Supplier. The Supplier shall only initiate customer-specific manufacture or production after receipt of the deposit. A delayed receipt of the deposit can significantly delay the delivery date, longer than the duration of the delayed payment. The Customer shall bear all costs arising from the delayed payment of deposit and the resulting delay in delivery. Agreed fixed deadlines shall be rendered obsolete in case of delayed payment of the deposit.
   (vii) The Customer shall be deemed in arrears if he does not pay the invoice within 30 days of the due date and receipt of the invoice.

9. Retention of title

   The Supplier retains ownership over the delivered goods until payment is completed.

10. Delivery and assembly

    (a) The Supplier determines the appropriate delivery method and transport company according to his reasonable discretion, unless otherwise expressly agreed.
    (b) If the Customer is a corporate entity, then the risk of accidental perishing, damage or loss of the delivered goods shall pass to the Customer from the moment the goods are delivered to the transport company.
    (c) If the Customer orders more than one product, the Supplier retains the right to carry out partial deliveries as long as this is deemed reasonable for the Customer. The Supplier shall bear all additional delivery costs arising from this.
    (d) Additional points for conclusion of contract outside the Webshop:
    If, in deviation from items 7 (b) and 10 (b) the Supplier has agreed on free delivery to the Customer, and/ or has agreed on assembly work, then the Customer shall ensure that delivery with customary transport methods (e.g. truck) is possible without limitation. The delivery personnel are not authorised to carry out works which go beyond the agreed services. Waiting times, empty runs and unsuccessful delivery attempts which are not the responsibility of the Supplier, will be invoiced according to the current valid rates. The Customer must notify the Supplier of any unforeseeable risks. All assembly, laying and installation work shall be carried out according to the usual safety and quality requirements for event venues. Requirements which exceed this, in particular with regards to surface quality and smoothness, such as for assembly work in living or hotel areas, require prior written agreement from the Supplier.

11. Fixed appointments, delivery periods, right of withdrawal

    (a) The sole “notification” of an employee of the Supplier regarding a fixed appointment, whether written or oral, is not considered as agreement to a fixed appointment or business. Only fixed appointments made by written confirmation by the Supplier and express designation as a fixed appointment or fixed business are binding for the Supplier.
    (b) In the case of non-compliance with an agreed delivery time, the Customer may specify an adequate extension of at least two weeks, which begin with a written reminder/warning.
    (c) In the case of disruptions outside the Supplier’s control, such as force majeure, also with regards to presuppliers, as well as considerable procurement difficulties which affect delivery deadlines, the Customer shall be notified. The aforementioned do not supply grounds for claims to compensation.
    (d) The Supplier retains the right to withdrawal if a presupplier with whom the Supplier has concluded a congruent coverage transaction, is not able to fulfil his delivery obligations due to circumstances outside the Supplier’s control. The Supplier shall immediately inform the Customer in such a case and shall immediately reimburse all payments made prior to this.

12. Default of acceptance

    (a) If the Customer is in default of acceptance, fails to cooperate or the delivery is delayed due to reasons within the Customer’s control, then the Supplier retains the right to claim compensation for any damage arising from this, including additional expenditure (e.g. storage costs). Here the Supplier shall calculate a flat rate compensation of 2% of the purchase price per day, beginning with the delivery deadline, or in the absence of a delivery deadline – with the notification of readiness for dispatch.
    (b) Evidence of greater damage and Supplier’s legal claims (in particular compensation for additional expenditure, appropriate compensation) remain unaffected; however, the flat rate according to item 12 (a) shall be deducted from further financial claims. The Customer retains the right to provide evidence that no or significantly less damage than according to the flat rate stated in item 12 (a) was incurred to the Supplier.

13. Warranty

    (a) Changes to goods after transfer of risk to Customer incurred by normal wear and tear, incorrect storage, damp, other temperature and weather influences or incorrect handling are not defects.
    (b) Notices of defects based on norms or standards which have not been expressly agreed in writing are excluded (see above, item 2 (c)). The warranty does not cover customary trade or technical production variations, nor the deviations or tolerances stated in item 3. Further, warranty claims do not apply if and insofar as the relevant usage instructions and warnings (attachments 1 to 9 noted in item 18) and/or specific relevant usage instructions and warnings regarding the product in question were supplied.
    (c) The following applies to Customers who are consumers:
    (i) The Supplier is liable for material defects according to legal regulations.
    (ii) The Supplier is only liable for compensation according to the stipulations stated in item 14.
    (iii) Warranty shall only apply to goods delivered by the Supplier, if this was expressly stated in the offer and/or the order confirmation for the relevant article.
    (d) The following applies to Customers who are business entities:
    (i) The warranty period for concealed defects is six months from delivery.
    (ii) No warranty for wearing parts.
    (iii) The Customer shall notify the Supplier in writing of any obvious defects immediately after receipt of the product. The Customer shall examine goods prior to processing, customisation and/or cutting. If defects are found upon inspection, the Supplier shall be notified immediately in writing. The Supplier is to be immediately notified in writing of defects which only become visible at a later point in time. In the case that the Customer neglects proper examination and/or notification of the defect, the Supplier is not liable for the defects if he was not notified of such.
    (iv) Unless the offer and/or the order confirmation expressly states delivery without folds, customary folds/wrinkles, such as wrinkles due to folding, and other pressure points due to transportation and packaging conditions shall not be considered to be deemed as defects.
    (v) If the delivered goods are defective, the Supplier shall either remedy or deliver a defect-free product, according to his choice (see below “remedy”). The Customer shall grant the Supplier adequate time and opportunity to undertake remedial action, without reducing the purchase price or withdrawing from the contract. If the Customer has granted the Supplier a further period of time to remedy defects after an initial demand to remedy defects without results or if two attempts to remedy or deliver replacement fail, then the Customer may choose to withdraw from the contract or demand a reduction in purchase price.
    (vi) In the case of warranty claims, the Customer shall only claim the expenditure required for remedying the defect up to the product value. This shall not apply to undisputed or legally-binding counterclaims by the Customer.

14. Liability

    (a) The Supplier shall be liable for damage compensation in the case of wilful or gross negligence. The Supplier shall only be liable in the case of simple negligence
    (i) for damages arising from damage to life, limb or health,
    (ii) for damages arising from the violation of contractual obligations (obligation whose fulfilment is a fundamental prerequisite for the proper implementation of the contract in the first place, and for which compliance may be relied upon as a matter of course by the contractual partner); in this case, the Supplier’s liability is limited to the replacement of foreseeable, typically occurring damage.
    (b) The aforementioned regulations also apply in favour of the Supplier’s legal representatives and agents.
    (c) Liability according to the German Product Liability Act shall remain unaffected.

15. Offsetting

    The Customer shall only offset undisputed or legally ascertained claims against the Supplier’s claims.

16. Notes regarding use of data

    The Supplier only uses your personal data according to data protection legislation and your consent. You can find further information regarding the collection and processing of your data in the data protection declaration.

17. Final provisions

    (a) The contractual language is German.
    (b) For contracts between the Supplier and Customers based or residing in the Republic of Austria, the law of the Republic of Austria shall apply, under exclusion of UN sales legislation (CISG). All provisions governing international civil law and UN sales Law shall be excluded. If the Customer is a merchant, legal entity or a special public-law fund, Vienna shall be place of jurisdiction for all matters arising from or in relation to this contractual relationship.
    (c) For contracts between the Supplier and Customers based or residing in the Federal Republic of Germany, the law of the Federal Republic of Germany shall apply, under exclusion of UN sales legislation (CISG). If the Customer is a merchant, legal entity or a special public-law fund, Recklinghausen shall be place of jurisdiction for all matters arising from or in relation to this contractual relationship.
    (d) For contracts between the Supplier and Customers based or residing in the Czech Republic, the law of the Czech Republic shall apply, under exclusion of UN sales legislation (CISG). If the Customer is a merchant, legal entity or a special public-law fund, Brünn shall be place of jurisdiction for all matters arising from or in relation to this contractual relationship.
    (e) For contracts between the Supplier and Customers based or residing in the Republic of Poland, the law of the Republic of Poland shall apply, under exclusion of UN sales legislation (CISG). If the Customer is a merchant, legal entity or a special public-law fund, Warsaw shall be place of jurisdiction for all matters arising from or in relation to this contractual relationship.
    (f) For all contracts between the supplier and customer with headquarters or domicile outside the Republic of Austria, Federal Republic of Germany, Czech Republic and the Republic of Poland, the law of the Republic of Austria shall apply, under exclusion of UN sales legislation (CISG). All provisions governing international civil law and UN sales Law shall be excluded. If the Customer is a merchant, legal entity or a special public-law fund, Vienna shall be place of jurisdiction for all matters arising from or in relation to this contractual relationship.
    (g) Even if individual regulations within the contract become legally ineffective, the remainder of the contract remains in effect. If the Customer is a consumer, legal regulation shall apply in place of the ineffective regulations. If the Customer is a business entity, the Supplier and Customer shall immediately replace the ineffective regulation with another regulation which most closely reflects the economic and legal purpose of the obsolete regulation.

18. Usage instructions and warnings

    The following usage instructions and warnings are an integral part of the Supplier’s T&Cs:
    1. General instructions and warnings for projection foils
    2. General instructions and warnings for flame retardant cotton fabric
    3. General instructions and warnings for Trevira CS and Polyester FR fibre-based material
    4. General instructions and warnings for velvets
    5. General instructions and warnings for the use, storage and laying of dance and floor surfaces
    6. General instructions and warnings regarding “Sprinkler suitability”
    7. General instructions and warnings for flame retardant agents and their application
    8. General instructions and warnings for adhesive tapes
    9. You can find specific usage instructions and warnings for individual products here and in the detailed description for each product in our Web Shop. These are an integral part of the T&Cs.