1. Scope of application
2. Offers and performance description
3. Ordering and conclusion of contract
4. Prices and shipping costs
5. Delivery and product availability
6. Payment terms

7. Reservation of title
8. Exclusion of the right of revocation
9. Warranty

10. Liability
11. Saving the contract text
12. Final provisions

1. Scope of application

1.1. For the business relationship between SEMDUO, owner: Markus Burger e.U., Franz-Fischer-Straße 19/12, 6020 Innsbruck, Austria (hereinafter referred to as the “Seller”) and the customer (hereinafter “Customer“) shall apply the following general terms and conditions in their version valid at the time of the order, regardless of the means of communication used.
1.2. The customer recognises the exclusive validity of seller’s general terms and conditions for the entire business relationship.

1.3. You can reach the seller for questions and complaints by email at office@semduo.com.
1.4. SEMDUO’s product range is aimed at both consumers and entrepreneurs alike, but only to end users. For the purposes of these general terms and conditions, (i) a consumer is a natural person who concludes the contract for purposes which are predominantly neither commercial nor self-employed and (ii) entrepreneur is a natural or legal person who is acting at the conclusion of the contract in the exercise of his commercial or independent professional activity.
1.5. Deviating conditions of the customer are not recognised, unless the seller expressly agrees to their validity.

2. Offers and performance descriptions

2.1. The presentation of products within the framework of the online shop does not represent a legally binding offer, but rather an in-line catalogue without obligation. Performance descriptions on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid „as long as stocks last“, unless otherwise stated. Errors and omissions shall remain reserved.

3. Ordering and conclusion of contract

3.1. The customer can select products from the assortment of the seller by clicking the „add to card“ button on the product page. Within the shopping cart the product selection can be changed or deleted. Afterwards, the customer can go to the end of the ordering process by clicking on the button „proceed to checkout”.
3.2. By clicking the button ‘Place Order’, the customer places a binding order for the products contained in the shopping cart. Before sending the order, the customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the order process as a whole. Required form fields are marked with an asterisk (*).
3.3. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated email and does not yet represent an acceptance of any contract. Such acceptance will only come into being when the seller has confirmed the ordered products within two business days (Mo-Fr) with a second email including the payment request in the form of the attached customer invoice.
3.4. If the seller cannot accept the offer or should certain products in an order not be available, then the customer will be informed immediately.
3.5. The seller reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.

3.6. If, despite the due date, the payment has not been received by the seller up to 10 calendar days after the customer invoice was sent, the seller rescinds from the contract with the consequence that the order is cancelled and the seller has no more obligation to deliver any products. The business transaction is then terminated for the customer and seller without further consequences. A reservation of the product with prepayment therefore applies for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All product prices shown on the seller’s website include the current rate of the legal value added tax (VAT).
4.2 Customers from non EU countries can order minus sales tax (VAT). The payment of the land specific taxes is the responsibility of the customer and is not part of the obligations of the seller. Any customs duties that may arise have to be paid by the customer.

4.3. All product prices shown on the seller’s website, except from a few special cases, are inclusive shipping costs. All special cases will be communicated to the customer in detail on a separate information webpage and within the scope of the order process.

5. Delivery and product availability

5.1. As prepayment has been agreed, production and delivery will only take place after receipt of the full invoice amount.
5.2. Deliveries shall be made to the delivery address provided by the customer. The customer is responsible that the delivery can be delivered during usual business hours. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery and owe the seller compensation for the costs which the seller had to spend for the unsuccessful delivery attempt as well as for the storage and maintenance of the item owed.
5.3. If the ordered product is not available because the seller is not supplied with products or materials despite contractual agreement by his supplier without his own fault, the seller can rescind from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or if the customer does not wish to deliver a comparable product, the seller shall reimburse the customer for the already paid purchase price within 14 days.
5.4. The basic requirement for the free delivery service of purchased SEMUO products is that the delivery location and address must be accessible by a transport-truck. Other exceptions include the delivery to certain islands, where may cost additional fees or is not possible to deliver SEMDUO products at all.

5.5. Customers are informed of eventual shipping costs and delivery restrictions (for example, restrictions on deliveries to specific countries) on a separate information webpage or within the respective product description.
5.6. We ask to report obvious transport damages immediately to the delivery firm and the seller. The notification has no effect on the buyer’s warranty rights, but makes it easier for the seller to enforce his own claims against the delivery firm.

6. Payment terms

Payment must be made in advance by bank transfer without any deductions.

7. Reservation of title

The goods remain the property of the seller until full payment has been received.

8. Exclusion of the right of revocation

8.1. All products of the seller are excluded from a possible right of revocation or withdrawal due to the following statutory provisions:
8.1.1. “The customer has no right of revocation in the case of remote contracts or contracts concluded outside business premises for goods which are manufactured according to customer specifications or which are clearly tailored to personal requirements.” – Section 18 (1) 1-11 FAGG, AUSTRIA
8.1.2. “Contracts for the delivery of goods which are not prefabricated and for whose manufacture an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.” – Section 312g (2) No. 1 BGB, GERMANY
8.2. Generally excluded from a right of revocation are B2B transactions, business between entrepreneurs.

9. Warranty

9.1. The warranty period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product.
9.2. The warranty is not valid against the usual wear and tear as well as damage caused by improper handling or exaggerated use.
9.3. Should a defect in a purchased item be the responsibility of the seller, then the seller is entitled to choose either to provide a repair or remedy of the defect, or a replacement product. If the seller is unwilling or not able to repair the problem or provide a replacement then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
9.3. The warranty is not valid against the individual, different nature of the wood surface and the filling materials. Wood is a natural raw material. Any cracking or shale formation is normal and unavoidable due to the natural ageing process.

10. Liability

10.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
10.2. The seller is liable without limitation, insofar as the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations whose violation jeopardises the attainment of the purpose of the contract or for the violation of obligations which fulfil the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
10.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a warranty for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller’s liability is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.

11. Saving the contract text

11.1. The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the email address specified by the customer. With the customer invoice, the customer also receives a copy of the general terms and conditions including the revocation policy. We also store the text of the contract, but do not make the text available on the Internet.

12. Final provisions

12.1. In all legal matters Austrian law is legally permissible.
12.2. Jurisdiction and place of performance is the registered office of the seller.

12.3. The contract language is English.
12.4. European Commission online dispute resolution platform (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in any optional dispute resolution by a consumer dispute resolution body.
12.5. Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.

Date: August 17th 2017