Terms of service

1. General

These Terms of service (hereinafter referred to as "ToS") apply to all contract agreements between Dipl.-Ing. Kremenovic Milorad, owner of Erised e.U. (hereinafter referred to as "ERISED"), and consumers as well as businesses (hereinafter referred to as "customers") concerning the goods and services of ERISED in the version applicable at the time, which can be accessed on the website www.erised.at.

A consumer is any natural person who concludes a legal transaction for purposes that predominantly are neither part of their commercial nor their independent professional activities. An entrepreneur is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activities when concluding a legal transaction.

For entrepreneurs, these ToS also apply to future business transactions, without ERISED needing to refer to them again. Other conditions are not valid and are expressly rejected. Deviating, conflicting, earlier, restrictive, or supplementary terms and conditions or regulations of the contracting party must be expressly agreed to in writing by ERISED in order to become part of the contract in individual cases. In particular, fulfillment actions by ERISED do not imply acceptance of any conditions deviating from these ToS. The ToS also apply to follow-up orders, even if they are not separately agreed upon orally or in writing.

 

2. Contract Subject and Conclusion of Contract

The subject of the contract includes the sale of furniture offered, among other things, in the webshop, as well as services in the form of design work.

All offers and price quotations found on the website are non-binding and are to be understood as an invitation to the customer to request a legally binding offer from ERISED.

All offers and price quotations found on the website are non-binding and are to be understood as an invitation to the customer to request a legally binding offer from ERISED.

If the customer places an order without a prior offer from ERISED or commissions ERISED without a prior offer, the customer agrees to the present terms of ERISED, and the contract is only concluded after a written order confirmation is provided by ERISED. An order can only be placed with the full disclosure of customer details.

If ERISED is commissioned to provide a concept or other preliminary work before an offer has been made by ERISED, these services will be billed at an hourly rate, and unless otherwise expressly agreed in writing, an hourly rate of € 75.00 plus VAT will be applied.

Acceptance of an offer is only possible with regard to the entire offered delivery or service. If only individual items from an offer made by ERISED are desired, a new offer must be made.

Alternatively, an order can also be placed in the ERISED webshop. By clicking the order button "Order with obligation to pay," a binding offer is made for the goods in the shopping cart. The contract is concluded only when ERISED accepts the order, in particular by sending an order confirmation via email.

The products selected by the customer from the webshop are placed in the virtual shopping cart. The shopping cart can be accessed at any time via the designated button in the navigation bar, and the products intended for purchase can be reviewed or modified by the customer at any time. Before submitting the order, the customer has another opportunity to review the intended order. By clicking the order button "Order with obligation to pay," the customer agrees to purchase the products in the shopping cart from ERISED at the prices displayed. This constitutes a binding offer to ERISED, and the pre-contractual information for consumers and these ToS are recognized as exclusively applicable. The customer will be automatically notified of the receipt of the order. It is explicitly stated that this process does not constitute acceptance of the offer. The purchase contract is only concluded upon the sending of the order confirmation via email. Since the order confirmation, along with all information required for the conclusion of the contract, is sent via email to the customer, the customer must ensure that the email address provided at the time of ordering is correct, that the receipt of emails is technically guaranteed, and especially that it is not blocked by a spam filter.

From the time the order is placed, the customer is bound by their purchase declaration. The statutory right of withdrawal (right of cancellation) for consumers remains unaffected by this.

Contracts are concluded exclusively in the German language.

 

3. Prices

All prices quoted by ERISED for consumers are inclusive of statutory VAT, and for businesses, they are exclusive of statutory VAT. The prices listed in the webshop are always inclusive of VAT. Delivery and shipping costs are not included. These will be shown separately during the ordering process in the virtual shopping cart, or for orders placed outside of the webshop, on the offer. The shipping costs are indicated per order. All prices are in EURO unless otherwise explicitly stated.

Cost estimates are subject to a fee. If an order is subsequently placed, the fee paid for the cost estimate will be considered when invoicing.

Cost estimates are based on rough procurement prices per square meter or hourly rates that are typically achievable at the time of their creation. More specific cost estimates can only be made after detailed planning and the selection of materials, construction methods, surroundings, special requests, as well as current prices and quantity determinations.

ERISED is entitled to adjust prices if, during the term of the contract, costs relevant to the calculation or necessary for the provision of services, such as those for materials, energy, transportation, external work, financing, employee wages, etc., increase or decrease. The prices offered by ERISED are always variable. The increase or decrease in the purchase price or labor cost is based on the changes in the wholesale price index, construction cost index, and wage rate index. The starting point is always the index value published for the month of the contract conclusion.

Upon conclusion of the contract, the customer is obligated to pay the full purchase price, including shipping costs or labor costs.

4. Payment Methods

For orders placed via remote sales, the customer has various payment options available, which will be displayed during the ordering process and can be selected by the customer. Unless explicitly agreed otherwise, prepayment is considered the agreed method, and the delivery of goods will only take place after full payment of the invoice.

Invoices for services are due for payment immediately upon receipt unless other payment terms have been explicitly agreed upon in writing.

Furthermore, ERISED is entitled to issue partial and down payment invoices. In such cases, the obligation to perform the service occurs only after the down payment invoice has been fully settled.

Any discounts or rebates require explicit written agreement.

Discount and voucher codes cannot be applied retroactively to orders.

In the event of late payment, ERISED is entitled to charge interest on arrears at the rate of 12% p.a.; this does not affect any further claims (in particular the reimbursement of collection costs). The customer is liable – even in the event of non-culpable payment default – for dunning and collection fees incurred by ERISED, provided these were necessary and appropriate for legal prosecution.

If the payment deadline is exceeded (even with only one partial invoice), any granted benefits (discounts, rebates, deductions, etc.) will be forfeited and added to the invoice.

 

5. Delivery and Performance Obligations

Unless otherwise agreed, delivery will be made to the delivery address provided by the customer.

ERISED is not liable for incorrect data provided during the ordering process, such as incorrect delivery addresses, and any resulting delays or damages. If the shipping company returns the goods to ERISED because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the failed delivery was due to circumstances for which the customer is not responsible or if the customer was temporarily unable to accept the delivery, unless ERISED had given reasonable prior notice of the delivery.

All information regarding delivery times is non-binding unless a delivery date has been expressly confirmed in writing.

ERISED's obligation to perform begins only when all necessary information and documents for the provision of services have been provided by the customer. The customer is obligated to inform ERISED of all circumstances relevant to the service before the start of the performance. If services already rendered must be repeated due to incorrect, incomplete, or subsequently changed information, the customer must bear all additional costs incurred.

The customer must ensure before the start of the performance that no existing intellectual property rights or other third-party rights are infringed upon. Should ERISED nonetheless be subject to third-party claims due to such a violation, the customer shall indemnify and hold ERISED harmless.

ERISED is entitled to subcontract services to subcontractors.

In case of delivery or completion delays due to circumstances beyond ERISED's control, such as force majeure (e.g., natural disasters or strikes by delivery services, official measures in the context of an epidemic/pandemic, or wars), planning or construction delays, or official delays, as well as circumstances for which the customer is responsible, ERISED is entitled to make up for the delivery or service after the hindrance has been removed. Any additional costs arising from this must be borne by the customer.

If circumstances attributable to the customer are not remedied within a period set by ERISED, ERISED is entitled to dispose of the materials, equipment, and personnel acquired for the performance elsewhere; if the performance is resumed, all deadlines and dates will be extended by the time required to acquire new materials and equipment or to reassign personnel. Any additional costs incurred will also be borne by the customer.

If ERISED's performance is delayed due to circumstances beyond its control and falls within a period when ERISED has fewer staff available (e.g., holiday periods), the customer must bear the additional costs of hiring temporary staff.

Deliveries abroad are possible; however, the buyer must bear all import and export expenses, including any customs duties, fees, and charges, especially for deliveries to non-EU countries. These costs are not included in the purchase price.

If the customer refuses to accept the delivery, ERISED is released from all further performance and delivery obligations and is entitled to withhold any outstanding deliveries or services and to withdraw from the contract.

In the event of a delay in performance by ERISED, the customer is entitled and obligated to set a reasonable grace period for contract fulfillment. If performance is not provided within this period, the customer may withdraw from the contract with a separate declaration. In B2B transactions, this grace period must be set in writing and explicitly labeled as such.

In the event of an unjustified withdrawal from the contract by the customer, ERISED is still entitled to the agreed remuneration (§ 1168 ABGB). In B2B transactions, there is no deduction for savings or income from other acquisitions.

The placement of banners, advertising posters, and similar items is permitted during the entire duration of the service. ERISED is also entitled to take photographs of the construction site and the completed object and use them for advertising purposes, while respecting privacy.

6. Changes in Services

For additional or modified planning services ordered by the customer that are not covered in the original offer, a reasonable fee is considered agreed unless otherwise explicitly stated.

 If the project is urgent due to its nature or if urgent execution is requested by the customer and this was not known at the time of contract conclusion, any additional costs, such as overtime surcharges, will be passed directly to the customer.

If ERISED deems it necessary to involve specialists due to the circumstances of the individual case, ERISED is entitled to do so in consultation with the customer, or in cases of urgency or unavoidability, at its own discretion. The commissioning of such specialists is done on behalf of and in the name of the customer, and the costs for their services will be billed directly to the customer.

7. Retention of Title, Right of Retention

The goods covered by the contract remain the property of ERISED until full payment has been made.

The customer may exercise a right of retention only if it concerns claims arising from the same contractual relationship.

In B2B transactions, the following applies: ERISED retains ownership of the goods until all claims arising from the ongoing business relationship have been settled. Prior to the transfer of ownership of the reserved goods, the goods may not be pledged or transferred as security.

 

8. Intellectual Property

All technical documents, such as images, drawings, and calculations, brochures, catalogs, and samples, remain the intellectual property of ERISED and may only be used elsewhere with ERISED's express permission.

ERISED is entitled to publish any work, including visualizations, plans, or product images, in its portfolio, on the website, or on social media, provided that neither the customer’s name is mentioned nor conclusions about the customer’s identity can be drawn.

If the services provided by ERISED include ideas that do not yet constitute a work in the sense of copyright law but serve as a basis for everything subsequently created—whether or not ERISED is involved—these ideas are also protected as intellectual property of ERISED. The customer may only use them in exchange for reasonable compensation.

 

9. Warranty and Disclaimer

ERISED does not guarantee that the photos published on the website or in the webshop are identical to the goods actually delivered.

Goods will be delivered with usage instructions if deemed necessary by ERISED. The customer must strictly adhere to the instructions contained therein. No warranty claims can be made against ERISED if the goods are used contrary to these instructions.

If goods are delivered with obvious transport damage, the customer is obligated to immediately—no later than three days after receipt—submit a written complaint to the carrier and promptly contact ERISED. Failure to report such damage does not affect the customer’s statutory warranty rights.

ERISED warrants that the goods and services provided have the explicitly agreed-upon characteristics or, in the absence of such an agreement, the usual characteristics, and that the planning services were executed professionally and competently.

In B2B transactions, claims for damages are excluded unless ERISED acts with gross negligence or intent. This exclusion does not apply to personal injury.

In B2B transactions, the customer must immediately inspect the goods with the due diligence of a businessperson for quality and quantity deviations, and report any obvious defects in writing within seven days of receipt. Failure to fulfill the inspection and notification obligation precludes the assertion of warranty, damages, or error claims.

In B2B transactions, the warranty period is one year in all cases. There is no subsequent limitation period. § 924 ABGB is excluded in B2B transactions, meaning the customer must always prove that the defect existed at the time of delivery.

ERISED accepts no liability for damages or delays caused by force majeure or third parties, even during the execution of the work.

Recourse claims based on the Product Liability Act (PHG) against ERISED are excluded. Customers waive all rights under § 12 PHG against ERISED. If the customer passes on products or parts of products from ERISED, they are required to fully transfer this waiver to their buyers, including the obligation for further buyers to adopt this waiver. This transfer obligation also applies if the customer or another buyer uses ERISED's products to manufacture other products and those other products are placed on the market.

10. Cancellation/Withdrawal Right

The consumer has the right to withdraw from a contract concluded at a distance or outside the business premises of ERISED according to the FAGG (Austrian Distance and Off-Premises Sales Act) within 14 days without giving any reason.

The withdrawal period is 14 days and, for service contracts, is calculated from the day of the contract conclusion; in the case of a purchase contract, from the day the consumer or a third party appointed by the consumer who is not the carrier takes possession of the goods.

To exercise the right of withdrawal, the consumer must communicate their decision to withdraw from the contract to ERISED by means of a clear, but informal statement (e.g., a letter sent by post or email). The attached sample withdrawal form may be used for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for the notice of exercise of the withdrawal right to be sent before the withdrawal period has expired. The withdrawal should be addressed to:

Model withdrawal form

In the event of withdrawal from the contract, ERISED will refund all payments received from the customer, including delivery costs, within 14 days to the account specified by the customer. The customer must return the received goods immediately, but no later than 14 days after the declaration of withdrawal. ERISED may withhold the repayment until the goods are received back or proof of return is provided, whichever comes first.

The costs of returning the goods are to be borne by the customer.

A right of withdrawal is excluded in particular for goods made to customer specifications or clearly tailored to personal needs, as stipulated in § 18 Abs 1 Z 3 FAGG.

Entrepreneurial customers do not have a right of withdrawal.

 

11. Data Protection

Data protection provisions are contained in the privacy policy.

ERISED points out that customer data may be processed for advertising purposes based on legitimate interests (Art 6 Abs 1 lit f GDPR). The customer can object to this form of data processing at any time (Art 21 Abs 2 GDPR).

The customer agrees that the personal data contained in the contract will be stored and processed by ERISED with the aid of automation to fulfill this contract. The customer is obliged to notify any changes to their address as long as the contract has not been fully performed by both parties. If the notification is omitted, declarations and deliveries are still considered received if sent to the last known address.

 

12. Place of Performance, Contract Language, Choice of Law, and Jurisdiction

The place of performance is the location of ERISED.

The contract language is German.

Austrian jurisdiction is agreed and applied. If it is not a consumer transaction, the court competent for the seat of ERISEDN is exclusively responsible for all disputes arising from the contract.

This contract is subject exclusively to Austrian substantive law, excluding the conflict-of-law rules of international private law and the UN Sales Convention.

 

13. Final Provisions

In B2B transactions, all legal declarations, changes, additions, side agreements, etc., in relation to this contract and the associated transactions require written form to be valid. Deviations from the compliance with form requirements also require written form.

If individual provisions of this contract are or become invalid or unenforceable, the validity of the remaining contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that closely matches the economic objective that the parties pursued with the invalid or unenforceable provision.