1. Contractual Partner
Schrankhelden is a franchise system. The client’s contractual partner is the local cabinethero partner.
2. General Provisions
Orders are accepted exclusively under these Terms and Conditions. We expressly reject any general terms and conditions that differ from ours. These General Terms and Conditions do not apply to contracts awarded in accordance with VOB/A or VOL/A.
3. Acceptance of Orders
All our offers are subject to change until the order is accepted. By placing an order, the customer confirms that all plans, dimensions, and colors specified in the order are correct. The customer is obliged to check the plans, dimensions, and colors before placing the order. If the client’s order deviates from our offer, the contract is only formed upon our written confirmation.
4. Delivery
4.1. 4.1 Delays in Delivery
If the performance owed by us is delayed due to force majeure, lawful strikes, the COVID-19 pandemic, circumstances beyond our control or our suppliers’, or adverse weather conditions, the agreed delivery time will be extended by the duration of the delay. If the delay becomes unreasonably long, either party may withdraw from the contract without compensation. The client’s right to claim damages due to delay or non-performance remains unaffected.
If delivery cannot be made on the agreed date due to reasons attributable to the client, the risk passes to the client as soon as they are notified of our readiness to deliver. Any storage costs are to be borne by the client. We reserve the right to charge additional delay-related expenses.
4.2. 4.2 Delivery Conditions
The client must ensure that delivery directly to the property is possible. Stairways and access paths must be clear and protected from damage. If our work or that of subcontracted personnel is obstructed due to circumstances caused by the client, we will invoice the resulting costs (e.g., labor and travel). The goods to be delivered by us shall be deemed accepted if the client does not accept the completed work on the agreed delivery date, even though the contractor has requested acceptance once in vain and in a reasonable manner, and the failure to accept is not due to reasons for which the contractor is responsible. Acceptance shall take effect twelve working days after receipt of the request. Acceptance is also deemed to have occurred when the client begins using the goods.
5. Payments
The agreed price is a fixed price with no deductions for discounts or reductions. Unless an individual payment plan has been agreed upon, we may request partial payments based on the value of services already performed. Offsetting is excluded unless the counterclaims are undisputed or legally established.
6. Defects
6.1. 6.1 Notification of Defects
Minor deviations in color and natural grain patterns, especially in comparison with re-ordered items or other furniture, are reserved as long as they are due to the natural characteristics of the materials used (solid woods, veneers, leather, fabrics) and are commercially accepted. The same applies to standard and acceptable deviations in dimensions.
Acceptance may not be refused due to minor defects. The client is required to accept the agreed-upon work, unless the nature of the work excludes acceptance.
If obvious defects are not reported in writing at the time of acceptance, the client forfeits all rights to subsequent performance, self-remedy, withdrawal, or reduction.
6.2. 6.2 Limitation Period
The warranty period for defects is two years from the date of acceptance.
6.3. 6.3 Remedy of Defects
In case of justified complaints, we may choose to either repair the defective item or replace it in return for the faulty product. If repair or replacement is impossible, fails twice, or is refused, the client may choose to reduce the purchase price, cancel the contract, or carry out the repair themselves and request reimbursement for reasonable costs.
6.4. 6.4 Liability and Compensation
We are fully liable if the damage is caused by willful or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. We also assume liability for slightly negligent breaches of essential contractual obligations. Essential obligations are those whose breach would jeopardize the purpose of the contract or whose fulfillment makes the proper execution of the contract possible and on which the client regularly relies. In such cases, our liability is limited to typical, foreseeable damages.
We are not liable for slightly negligent breaches of duties other than those listed above. These liability limitations do not apply to damages resulting from injury to life, body, or health, or for defects following a guarantee of product condition or fraudulently concealed defects. Liability under product liability law remains unaffected.
Where our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and agents.
7. Liquidated Damages in Case of Termination
If the client terminates the contract in accordance with § 648 BGB, we are entitled to claim 10% of the payment for the unperformed portion of the work as liquidated damages. We may also claim higher damages if proven. The client has the explicit right to demonstrate that no damage or lesser damage has occurred.
8. Maintenance and Care Instructions
To preserve the value and long-term functionality of our products and services, we advise all clients to regularly inspect hardware and moving parts, and lubricate or oil them if necessary. These services are not part of our contract unless otherwise agreed. Failure to perform maintenance may impair functionality and lifespan and does not give rise to warranty claims.
9. Retention of Title
Goods delivered remain our property until full payment is received.
10. Intellectual Property
We retain ownership and copyright of all cost estimates, designs, drawings, and calculations. These may not be used, duplicated, or shared with third parties without our prior written consent. If the contract is not concluded, these materials must be returned immediately.
11. Dispute Resolution
We are neither willing nor obligated to participate in any dispute resolution proceedings before a consumer arbitration board.
1. Contractual Partner
Schrankhelden is a franchise system. The client’s contractual partner is the local cabinethero partner (contractor).
2. General Provisions
Orders are accepted exclusively under these Terms and Conditions. We expressly reject any general terms and conditions that differ from ours.
3. Acceptance of Orders
All offers remain non-binding until formally accepted. The contract is considered concluded only upon signature of the order confirmation by both parties.
By placing an order, the client confirms that all plans, dimensions, and colors specified in the order are correct. The client is responsible for verifying these details before placing the order.
If the client’s order deviates from our offer, the contract is only formed upon our written confirmation.
4. Delivery
4.1. 4.1 Delays in Delivery
If the performance owed by us is delayed due to force majeure, lawful strikes, the COVID-19 pandemic, circumstances beyond our control or that of our suppliers, or adverse weather conditions, the agreed delivery time will be extended by the duration of the delay.
If the contractor is responsible for the delay, the client has the right to withdraw from the contract after setting a reasonable grace period. If the contractor is at fault, the client is entitled to claim damages.
If delivery cannot be made on the agreed date due to circumstances attributable to the client, risk transfers to the client at the moment they are notified of our readiness to deliver. Storage costs are the responsibility of the client. We reserve the right to claim additional costs for the delay.
4.2. 4.2 Delivery Conditions
The client must ensure that delivery directly to the property is possible. Stairways and access paths must be clear and protected from damage. If our work or that of subcontracted personnel is obstructed due to circumstances caused by the client, we will invoice the resulting costs (e.g., labor and travel).
The client is required to sign an acceptance report after the cabinet is installed. Any obvious defects must be documented in the report. Acceptance is deemed completed once the client signs the report.
The delivered goods are also considered accepted if the client fails to perform acceptance on the agreed delivery date, despite a reasonable and unsuccessful request by the contractor, and the delay is not our fault.
Acceptance is also deemed to have occurred when the client begins using the goods.
5. Payments
The agreed price is a fixed price without any discounts or deductions.
Unless a specific payment plan has been agreed upon, we may request partial payments proportional to the value of the services already performed.
Offsetting is only permitted with undisputed or legally established claims.
6. Defects
6.1. 6.1 Notification of Defects
Tolerable variations in color and grain, especially when compared to re-ordered items or other supplementary furniture, are considered acceptable as long as they result from the natural properties of the materials (e.g., solid woods, veneers, leather, fabrics) and are customary in the trade. The same applies to standard and acceptable dimensional differences.
The client may not refuse acceptance due to minor defects. The client is obligated to accept the completed work, unless acceptance is excluded due to the nature of the work.
6.2. 6.2 Limitation Period
The warranty period for defects is two years from the date of acceptance.
6.3. 6.3 Remedy of Defects
If a defect is validly reported, the contractor has the right to choose whether to repair the defective goods or to deliver a replacement upon return of the defective product.
If repair or replacement is impossible, fails even after two attempts, or is refused, the client may choose to reduce the price, cancel the contract, or perform the repair themselves and claim reimbursement for necessary expenses.
7. Liquidated Damages in Case of Contract Termination
The contractor has the right to withdraw from the contract for good cause (e.g., default in acceptance or insolvency of the client), provided the contract has not yet been fully fulfilled by both parties. In such cases, and where the client is at fault, we may claim either a flat compensation of 40% of the net invoice amount or the actual damages incurred.
8. Maintenance and Care Instructions
To preserve the value and long-term functionality of our products and services, we advise all clients to regularly inspect hardware and moving parts, and lubricate or oil them if necessary. These services are not part of our contract unless otherwise agreed. Failure to perform maintenance may impair functionality and lifespan and does not give rise to warranty claims.
9. Retention of Title
Goods delivered remain our property until full payment is received.
10. Intellectual Property
We retain ownership and copyright of all cost estimates, designs, drawings, and calculations. These may not be used, duplicated, or shared with third parties without our prior written consent. If the contract is not concluded, these materials must be returned immediately.
11. Dispute Resolution
We are neither willing nor obligated to participate in any dispute resolution proceedings before a consumer arbitration board.
12. Choice of Law
Austrian law shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
13. Severability Clause
If any provision of this contract is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected.
1. Contractual Partner
Schrankhelden is a franchise system. The contractual partner (contractor) of the client is the local cabinethero partner specified in the order confirmation.
2. General Provisions
The order is accepted exclusively on the basis of these General Terms and Conditions. The applicability of the customer’s general terms and conditions is expressly rejected.
3. Acceptance of Orders
All offers are non-binding until the order confirmation has been issued. The contract comes into effect once the order confirmation has been signed by the contractor.
By placing the order, the customer confirms that all plans, dimensions, and colors specified in the order are correct. The customer is obliged to check the plans, dimensions, and colors before placing the order.
If the client’s order deviates from the offer, a contract shall only come into effect after confirmation by the contractor.
4. Delivery
4.1. 4.1 Delays in Delivery
The delivery period stated on the order confirmation is a target date. If the service owed by the client is delayed due to force majeure, including strikes, pandemics, the contractor’s inability to perform due to delivery delays by suppliers, or unfavorable weather conditions, the agreed delivery period shall be extended by the duration of the delay. The contractor shall not be liable for any damage caused by this force majeure, unless otherwise expressly provided by law.
If the delay is unreasonably long, either party may terminate the contract without compensation. The client’s right to claim compensation in lieu of performance or damages for delay remains unaffected.
If the contractor is unable to deliver on the agreed date due to circumstances for which the client is responsible, the risk shall pass to the client as soon as the client has received notification from the contractor that the goods are ready for delivery. Reasonable storage costs shall be borne by the client. The contractor reserves the right to charge additional costs for delay.
4.2. 4.2 Delivery Conditions
The client shall ensure that delivery can be made directly to the location specified by the client. Stairs and walkways must be accessible and protected from damage. If the performance of the work or that of the persons commissioned by the client is impeded by circumstances for which the client is responsible, the client shall be invoiced for the corresponding costs (e.g., working time and travel expenses).
The products delivered by the contractor shall be deemed accepted if the client does not accept the completed work on the agreed delivery date, even though the contractor has requested the client at least once in an appropriate manner to accept the work and the non-acceptance is not attributable to the contractor. In this case, delivery shall be deemed to have taken place twelve (12) working days after receipt of the request for acceptance by the client.
Delivery shall also be deemed to have been made as soon as the customer has started using the products.
5. Payments
The agreed price is a fixed price. Discounts are only valid if they have been confirmed in writing by the contractor.
If no individual payment plan has been agreed, the contractor may demand advance payment for partial deliveries in the amount of the value of the service rendered.
Unless otherwise agreed in writing, the client shall owe the contractor a down payment of 40% of the agreed price. The contractor shall commence work after the down payment has been received.
If the down payment is not made within sixty (60) days of the conclusion of the contract, the contractor is entitled to notify the client of the price increase and explain the reasons for it, even after the down payment has been made. The contractor cannot be obliged to carry out the work at the previously agreed price. If the contractor increases the price on the basis of this article, the client has the right to terminate the contract free of charge.
6. Defects
6.1. complaints
Reasonable deviations in color and growth-related deviations, in particular compared to reordered products or other pieces of furniture, are reserved, insofar as these are due to the nature of the materials used (solid wood, veneer, leather, fabrics) and are customary in the trade. Deviations from the dimensions that are customary in the trade and reasonable for the customer are also reserved.
The delivery cannot be rejected due to minor defects. The client is obliged to accept the contractually manufactured work, unless the nature of the work precludes acceptance.
Defects in the delivered product must be reported to the contractor within a reasonable period of time after discovery or after the time at which the client should reasonably have discovered the defect. A report within two months of discovery of the defect shall in any case be deemed to have been made in good time. If the client does not report the defect within a reasonable period of time after its discovery, it cannot claim rectification, replacement, price reduction, or termination on the basis of this defect.
6.2. 6.3 Remedy of Defects
In the event of justified complaints, the contractor has the choice of repairing the defective products or supplying the client with a replacement product in exchange for taking back the product that is the subject of the complaint.
If repair or replacement is impossible even after the second attempt at fulfillment, or if this is refused, the customer may, at his own discretion, demand a reduction in the purchase price or the termination of the contract, or remedy the defects himself and demand reimbursement of the necessary costs.
7. Lump-sum compensation in the event of termination
If the client legally terminates the contract for the performance of work, the contractor shall be entitled to claim 10% of the remuneration for the part of the work not yet performed as compensation. Upon presentation of the relevant evidence, the contractor may also claim a higher amount.
8. Onderhouds- en verzorgingsinstructies
In order to maintain the value and sustainable functionality of the products and work, the client must pay particular attention to ensuring that fittings and commonly used parts are checked and, if necessary, oiled or lubricated. These activities are not part of the assignment, unless expressly agreed otherwise. Failure to carry out maintenance work may adversely affect the service life and functionality of the parts, without this giving rise to any claims against the contractor on the grounds of defects.
9. Retention of Title
Delivered products remain the property of the client until they have been paid for in full.
10. Intellectual Property
The contractor expressly reserves the ownership rights and copyright to cost estimates, drafts, drawings, and calculations. These may not be used, reproduced, or made available to third parties without the contractor’s consent. If the order is not placed, they must be returned immediately.
11. Dispute Resolution
We are neither willing nor obligated to participate in any dispute resolution proceedings before a consumer arbitration board.
1. Contractual Partner
Schrankhelden is a franchise system. The client’s contractual partner is the local cabinethero partner.
2. General Provisions
Orders are accepted exclusively under these Terms and Conditions. We expressly reject any general terms and conditions that differ from ours. These General Terms and Conditions do not apply to contracts awarded in accordance with VOB/A or VOL/A.
3. Acceptance of Orders
All our offers are subject to change until the order is accepted. By placing an order, the customer confirms that all plans, dimensions, and colors specified in the order are correct. The customer is obliged to check the plans, dimensions, and colors before placing the order. If the client’s order deviates from our offer, the contract is only formed upon our written confirmation.
4. Delivery
4.1. 4.1 Delays in Delivery
If the performance owed by us is delayed due to force majeure, lawful strikes, the COVID-19 pandemic, circumstances beyond our control or our suppliers’, or adverse weather conditions, the agreed delivery time will be extended by the duration of the delay. If the delay becomes unreasonably long, either party may withdraw from the contract without compensation. The client’s right to claim damages due to delay or non-performance remains unaffected.
If delivery cannot be made on the agreed date due to reasons attributable to the client, the risk passes to the client as soon as they are notified of our readiness to deliver. Any storage costs are to be borne by the client. We reserve the right to charge additional delay-related expenses.
4.2. 4.2 Delivery Conditions
The client must ensure that delivery directly to the property is possible. Stairways and access paths must be clear and protected from damage. If our work or that of subcontracted personnel is obstructed due to circumstances caused by the client, we will invoice the resulting costs (e.g., labor and travel). The goods to be delivered by us shall be deemed accepted if the client does not accept the completed work on the agreed delivery date, even though the contractor has requested acceptance once in vain and in a reasonable manner, and the failure to accept is not due to reasons for which the contractor is responsible. Acceptance shall take effect twelve working days after receipt of the request. Acceptance is also deemed to have occurred when the client begins using the goods.
5. Payments
The agreed price is a fixed price with no deductions for discounts or reductions. Unless an individual payment plan has been agreed upon, we may request partial payments based on the value of services already performed. Offsetting is excluded unless the counterclaims are undisputed or legally established.
6. Defects
6.1. 6.1 Notification of Defects
Minor deviations in color and natural grain patterns, especially in comparison with re-ordered items or other furniture, are reserved as long as they are due to the natural characteristics of the materials used (solid woods, veneers, leather, fabrics) and are commercially accepted. The same applies to standard and acceptable deviations in dimensions.
Acceptance may not be refused due to minor defects. The client is required to accept the agreed-upon work, unless the nature of the work excludes acceptance.
If obvious defects are not reported in writing at the time of acceptance, the client forfeits all rights to subsequent performance, self-remedy, withdrawal, or reduction.
6.2. 6.2 Limitation Period
The warranty period for defects is two years from the date of acceptance.
6.3. 6.3 Remedy of Defects
In case of justified complaints, we may choose to either repair the defective item or replace it in return for the faulty product. If repair or replacement is impossible, fails twice, or is refused, the client may choose to reduce the purchase price, cancel the contract, or carry out the repair themselves and request reimbursement for reasonable costs.
6.4. 6.4 Liability and Compensation
We are fully liable if the damage is caused by willful or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. We also assume liability for slightly negligent breaches of essential contractual obligations. Essential obligations are those whose breach would jeopardize the purpose of the contract or whose fulfillment makes the proper execution of the contract possible and on which the client regularly relies. In such cases, our liability is limited to typical, foreseeable damages.
We are not liable for slightly negligent breaches of duties other than those listed above. These liability limitations do not apply to damages resulting from injury to life, body, or health, or for defects following a guarantee of product condition or fraudulently concealed defects. Liability under product liability law remains unaffected.
Where our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and agents.
7. Liquidated Damages in Case of Termination
If the client terminates the contract in accordance with § 648 BGB, we are entitled to claim 10% of the payment for the unperformed portion of the work as liquidated damages. We may also claim higher damages if proven. The client has the explicit right to demonstrate that no damage or lesser damage has occurred.
8. Maintenance and Care Instructions
To preserve the value and long-term functionality of our products and services, we advise all clients to regularly inspect hardware and moving parts, and lubricate or oil them if necessary. These services are not part of our contract unless otherwise agreed. Failure to perform maintenance may impair functionality and lifespan and does not give rise to warranty claims.
9. Retention of Title
Goods delivered remain our property until full payment is received.
10. Intellectual Property
We retain ownership and copyright of all cost estimates, designs, drawings, and calculations. These may not be used, duplicated, or shared with third parties without our prior written consent. If the contract is not concluded, these materials must be returned immediately.
11. Dispute Resolution
We are neither willing nor obligated to participate in any dispute resolution proceedings before a consumer arbitration board.
