terms and conditions

1. General - Scope

1.1. The following general terms and conditions apply to all business relationships between Zen Concept GmbH, Floridsdorfer Hauptstraße 24-26, 1210 Vienna, FN 561685 h and its customers, insofar as §§ 5a ff KSchG do not apply.

1.2. Customers are both consumers and entrepreneurs within the meaning of the relevant legal regulations.

1.3. Deviating, conflicting or supplementary general terms and conditions are not part of the contract, even if Zen Concept GmbH is aware of them, unless their validity is expressly agreed to in writing.

1. conclusion of contract

2.1. All offers from Zen Concept GmbH are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable limits.

2.2. With the purchase application, the customer makes a binding declaration of his contractual offer.

2.3. Zen Concept GmbH is entitled to accept the customer's contract offer within two weeks or - for example after checking the customer's creditworthiness - to reject it. If Zen Concept GmbH does not reject the conclusion of the contract within this period, the contract is legally effective. She is also entitled to limit the order to a normal household quantity.

2.4. The conclusion of the contract with entrepreneurial customers is subject to the proviso that in the event of incorrect or improper self-delivery, no or only partial delivery is made.

2.5. The customer is not entitled to withdraw from a legally valid contract without the existence of the statutory or written prerequisites for this. Failure to pay an agreed deposit has no effect on the effectiveness of a contract that has been concluded.

1. service content

3.1. Deviations in color, grain and/or structure of the object of purchase from a sample presented to the customer are irrelevant (also according to § 6 Para. 2 Z 3 KSchG) if the change or deviation is reasonable for the customer, especially because it is minor and objectively justified and the special color, grain and/or structure of the sample presented by us is not stipulated between the customer and Zen Concept GmbH within the meaning of § 922 Para. 1 ABGB.

3.2. At this point, Zen Concept GmbH points out that slight deviations in colour, grain and structure from samples are unavoidable in natural products such as leather and wood, but that such deviations cannot be ruled out from the outset in all industrially manufactured mass products.

3.3. In the case of furniture, the wood and/or color designation only refers to the surfaces of the front. The use of other types of wood, other colors and/or foils or plastics on all other parts of furniture is not covered by the wood and/or color designation identifying the product.

3.4. The specified dimensions, including those specified in the purchase application, are subject to a dimensional tolerance of up to 2% (two percent) and are irrelevant (also according to § 6 Para. 2 Z 3 KSchG) if the deviation is reasonable for the customer, especially because it is minor and is objectively justified and the specified amount is not stipulated between the customer and us within the meaning of § 922 Para. 1 ABGB. Dimensions specified by the customer are not to be checked by Zen Concept GmbH.

3.5. The customer must ensure that the agreed delivery of the purchased items by Zen Concept GmbH to the premises specified by him is possible without the aid of technical devices.

3.6. In the case of credit-financed contracts, the agreed delivery date is postponed by the duration of the deadlines associated with the options for withdrawal under §§ 12f VKrG. Written form is agreed as a validity requirement for the declaration of withdrawal according to Section 13 (4) VKrG.

3.7. If a down payment is agreed, the agreed delivery date is postponed by the period of time that elapsed between the conclusion of the contract and receipt of the agreed down payment.

3.8. In the event of a delay for which Zen Concept GmbH is responsible, a grace period is agreed, beginning with the receipt of a written deadline by Zen Concept GmbH, for a period of half the agreed delivery time, but no longer than six weeks.

1. retention of title

4.1. Zen Concept GmbH retains ownership of the goods until the purchase price has been paid in full.

4.2. The customer is obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense.

4.3. The customer must inform Zen Concept GmbH immediately in writing of any access by third parties to the goods, as well as of any damage or destruction of the goods. The customer must notify us immediately of any change in ownership of the goods or any change of address.

4.4. The customer must inform Zen Concept GmbH immediately in writing of any access by third parties to the goods in the course of foreclosure measures, enclosing a copy of the seizure record, immediately draw the attention of the creditor and the bailiff to the existing retention of title by submitting the appropriate documents and Zen Concept GmbH indemnified and held harmless with regard to any related proceedings, in particular excision proceedings.

4.5. The customer has to compensate us for all damage and costs that arise from a breach of these obligations and from necessary intervention measures to prevent third parties from accessing the goods. In particular, the customer bears the costs of delivery attempts and investigations (e.g. the costs of inquiries to the central population register) caused by incorrect or incomplete address information and failure to notify address changes.

1. Right of withdrawal according to § 3a KSchG

• 3a KSchG grants the customer a special right of withdrawal, about which we instruct him as follows. § 3a KSchG reads:

• 3a. (1) The consumer can also withdraw from his contract application or from the contract if circumstances relevant to his consent, which the entrepreneur has shown to be likely in the course of the contract negotiations, do not occur or only occur to a significantly lesser extent without his or her cause.

(2) Relevant circumstances within the meaning of paragraph 1 are

1. the expectation of the cooperation or consent of a third party, which is necessary for the performance of the trader to be provided or used by the consumer,

1. the prospect of tax benefits,

1. the prospect of public funding and

1. the prospect of a loan.

(3) The withdrawal can be declared within one week. The period begins to run as soon as it becomes apparent to the consumer that the circumstances mentioned in paragraph 1 do not occur or only occur to a significantly lesser extent and he has received written information about this right of withdrawal. However, the right of withdrawal expires no later than one month after the complete fulfillment of the contract by both contracting parties, in the case of banking and insurance contracts with a contract duration of more than one year, no later than one month after the conclusion of the contract.

(4) The consumer does not have the right to withdraw if

1. he already knew or should have known during the contract negotiations that the relevant circumstances will not occur or will only occur to a significantly lesser extent,

1. the exclusion of the right of withdrawal has been negotiated in detail or

1. the entrepreneur agrees to an appropriate adjustment of the contract.

(5) Section 3 (4) applies to the declaration of withdrawal.

• 3 para. 4 KSchG reads:

(4) The declaration of withdrawal is not bound to any specific form. The withdrawal period is met if the declaration of withdrawal is sent within the period.

1. compensation

6.1. The customer undertakes to pay agreed advance payments on time and the (remaining) price without any deductions, step by step upon receipt of the goods. If this obligation is violated, the customer is in default of payment.

6.2. During the delay, customers have to pay interest on the money debt of 15% per year.

6.3. The customer is committed to Zen Concept GmbH

6.3.1. to pay an amount of € 30.00 for each reminder and, in addition, in the event of default, your costs

6.3.2. for delivery attempts and investigations (e.g. the costs of inquiries to the Central Register of Residents) caused by incorrect or incomplete address information and failure to notify address changes,

6.3.3. Appropriate extrajudicial legal prosecution for the enforcement or collection of the claim, in particular collection fees (up to the amounts specified in the regulation on the maximum rates of collection agencies, BGBI 1996/141 in the current version) and

6.3.4. legal reminder (in accordance with the Lawyers' Tariff Act - RATG).

6.4. The entrepreneurial customer only has a right to set-off if his counterclaims have been legally established or have been recognized by us. He is not entitled to withhold payments.

6.5. The consumer has a right to set-off only in the event of insolvency of Zen Concept GmbH or for counterclaims that are legally related to the liability of the consumer, which have been determined by a court or recognized by Zen Concept GmbH.

6.6. At this point, Zen Concept GmbH draws attention to the fact that all of its employees are strictly instructed to confirm all payments in writing. She therefore expressly requests the cash receipt, the cash receipt or equivalent proof, if necessary, and to keep the documents mentioned in a safe place. Should employees of Zen Concept GmbH refuse to issue such a certificate, they request the branch manager or the management to inform them immediately.

1. Special rights of Zen Concept GmbH in the event of breach of contract by the customer

7.1. If the contract is not properly fulfilled by the customer, in particular if he defaults on payment, fails to cooperate in the processing of the purchase price, does not call up orders despite a written reminder, or refuses to accept the goods without justification Zen Concept GmbH is entitled to choose at its own discretion

7.1.1. to withdraw from the contract in the event of default of payment,

7.1.2. to demand advance payment of the purchase price in connection with the request for contract fulfillment for ordered but not yet delivered goods or services, or

7.1.3. to meet their contractual obligations in the event of a down payment already made by delivering contractual goods in the agreed value of the down payment amount and to withdraw from the remainder of the contract to the extent that has not yet been fulfilled.

7.2. In the event of such a withdrawal or partial withdrawal from the contract, Zen Concept GmbH is entitled to demand 30% of the agreed purchase price or partial purchase price (gross) as flat-rate compensation for the non-performance damage for which the customer is responsible. This is a contractual penalty within the meaning of § 1336 ABGB, which is subject to the judicial right of moderation according to paragraph 2 of leg cit.

7.3. If Zen Concept GmbH declares such a withdrawal or partial withdrawal from the contract after the delivery of the subject matter of the contract, the customer is obliged

7.3.1. to return the subject matter of the contract to Zen Concept GmbH immediately,

7.3.2. to reimburse her for their costs for appropriate expenses (e.g. collection, etc.) as well as

7.3.3. to pay reasonable compensation for any use and depreciation of the goods.

7.4. If the customer is in default of acceptance, Zen Concept GmbH can charge him for the storage carried out for him as a storage fee of 3% of the purchase price per month or part thereof, plus any applicable sales tax, in addition to the lump-sum compensation under this point of these terms and conditions.

1. transfer of risk

8.1. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, in the case of mail-order sales to the corporate customer, upon handover of the goods to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.

8.2. It is equivalent to handover (except in cases of gross negligence and intent) if the customer is in default with acceptance.

1. warranty

9.1. In principle, the customer has the choice of whether the improvement or an exchange should take place. Zen Concept GmbH is entitled to refuse the chosen remedy if it is impossible or involves a disproportionate amount of effort compared to the other remedy.

9.2. In the case of companies, Zen Concept GmbH initially provides a guarantee for defects in the goods by improving or replacing them, at its own discretion.

9.3. If an improvement is not possible or feasible, the customer can demand a price reduction or, if the defect is not just a minor one, change the contract.

9.4. Entrepreneurs must examine the delivered goods for defects within a reasonable period of time and notify Zen Concept GmbH in writing within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Hidden defects must be reported to Zen Concept GmbH in writing within one week of discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.

9.5. The warranty period for consumers is two years from delivery of the goods. The warranty period for entrepreneurs is one year from delivery of the goods. In the case of used items (e.g. exhibition goods), the warranty period is one year from the handover of the goods.

9.6. Zen Concept GmbH does not provide any guarantees in the legal sense to customers. Manufacturer guarantees remain unaffected by this and are only to be asserted against this.

1. Limitations and Indemnification of Liability

10.1. Outside the scope of the Product Liability Act, the liability of Zen Concept GmbH is limited to intent or gross negligence.

10.2. The liability of Zen Concept GmbH for slight negligence, compensation for consequential damage and financial loss, savings not achieved, loss of interest and damage from third-party claims against customers are excluded.

10.3. The above limitations of liability do not apply to bodily injury or damage to health that is attributable to us, or in the event of the customer losing his or her life.

10.4. The limitation of liability for slight negligence does not apply to consumers. Furthermore, the above limitations of liability do not apply to damage to items handed over to us for processing.

10.5. The customer is liable for the accuracy of the measurements he has provided and the instructions he has given.

10.6. Zen Concept GmbH is only liable for its own content on its website. Insofar as these allow access to other websites with links, it is not responsible for the external content contained there. Zen Concept GmbH does not adopt the external content as its own. If it becomes aware of illegal content on external websites, it will immediately block access to these pages via its own website.

1. Data protection, privacy policy

11.1. The customer agrees that his data specified in the purchase contract (especially name, date of birth, address, telephone numbers, e-mail addresses, etc.) will be stored and processed by Zen Concept GmbH for the purposes of contract processing, accounting, advertising and customer records.

11.2. Zen Concept GmbH collects, processes and uses the personal data of its customers only with their express consent, for the agreed purposes or if there is another legal basis in accordance with the GDPR; this in compliance with data protection and civil law provisions. The customer declares his consent to the use of the relevant data to comply with legal regulations, to process payment transactions and for advertising purposes (also via e-mail and SMS) of all companies of Zen Concept GmbH. The customer expressly agrees, also via SMS regarding the collection of objects of purchase or their delivery to him to be informed by Zen Concept GmbH.

11.3. Only personal data that is required for the implementation and processing of the present contract and/or that the customer makes available voluntarily is collected.

11.4. Personal data is all data that contains individual information about personal or factual circumstances, such as name, address, e-mail address, telephone number, date of birth, age, gender, etc.

11.5. Customers have the right to information about their stored personal data, its origin and recipient and the purpose of data processing at any time, as well as a right to correction, data transfer, objection, restriction of processing and blocking or deletion of incorrect or impermissibly processed data.

11.6. Customers have the right to revoke their consent to the use of their personal data at any time. An entry for information, deletion, correction, objection and/or data transfer, in the latter case, as long as this does not cause a disproportionate effort, must be addressed to Zen Concept GmbH as shown overleaf.

11.7. If the customer is of the opinion that the processing of his personal data by Zen Concept GmbH violates the applicable data protection law or that data protection claims have been violated in some other way, he has the option of complaining to the responsible supervisory authority. In Austria, the data protection authority is responsible for this.

11.8. Personal data is protected by appropriate organizational and technical precautions. These precautions relate in particular to protection against unauthorized, illegal or accidental access, processing, loss, use and manipulation. Notwithstanding the efforts to comply with a consistently high level of due diligence, it cannot be ruled out that information that customers disclose via the Internet will be viewed and used by other people. Zen Concept GmbH assumes no liability whatsoever for the disclosure of information due to errors in data transmission not caused by Zen Concept GmbH and/or unauthorized access by third parties.

11.9. The data provided by the customer will not be processed for purposes other than those covered by the fulfillment of the contract in question or by other consent or by a provision in accordance with the GDPR. An exception to this is use for statistical purposes, provided the data provided has been made anonymous.

11.10. In order to fulfill the contract, it may be necessary to pass on customer data to third parties (such as banks, lawyers, subcontractors, advertising companies, etc.). The data is forwarded exclusively on the basis of the GDPR, in particular for the fulfillment of the present contract or on the basis of a prior consent. Some of the recipients of personal data are located outside of Austria or process personal data there. The level of data protection in other countries may not correspond to that in Austria. Zen Concept GmbH therefore only transmits personal data to countries for which the EU Commission has decided that they have an appropriate level of data protection or it takes measures to ensure that all recipients have an appropriate level of data protection, for which they have standard contractual clauses (2010/ 87/EC and/or 2004/915/EC). Zen Concept GmbH makes every effort to ensure that data breaches are recognized at an early stage and, if necessary, reported immediately to the affected customers or the responsible supervisory authority, including the respective data categories that are affected.

11.11. Zen Concept GmbH does not store data for longer than is necessary to fulfill its contractual or legal obligations and to defend against any liability claims and exercise its own claims.

1. Final Provisions

12.1. Austrian law applies.

12.2. The provisions of the UN sales law do not apply.

12.3. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12.4. The place of jurisdiction for all disputes arising directly or indirectly from the contract is agreed to be the court with material jurisdiction for the political district of the inner city of Vienna. If the customer is a consumer, this place of jurisdiction is only agreed if the customer has his domicile, habitual residence or place of employment in this jurisdiction or if the customer lives abroad.

12.5. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the wholly or partially ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the ineffective one.