GTC
General Terms and Conditions for the Sale of Yuniti Innovations GmbH
1. Scope
1.1. All sales and related deliveries of goods by Yuniti Innovations GmbH ("YUNITI") are subject to these General Terms and Conditions (GTC). Deviating terms and conditions shall not apply unless YUNITI expressly agrees in writing or by email before accepting the order. The GTC may be amended by YUNITI at any time and are valid in their latest version at the time of the customer’s order. By placing an order, the customer agrees to these GTC.
1.2. Deliveries and services are provided exclusively based on the respective order confirmation and these GTC. Any verbal agreements deviating from the order confirmation or not included therein require YUNITI's written confirmation to be valid.
1.3. These GTC also apply to all future legal transactions, whether explicitly agreed upon or not.
2. Contract Formation
2.1. The contract, order, and business language is German.
2.2. YUNITI's offers are non-binding. All documents included in the offer, such as illustrations, drawings, weight, and dimension details, are approximate and non-binding.
2.3. A customer order constitutes an offer to YUNITI to conclude a purchase contract. The offer is only deemed accepted when YUNITI confirms it in writing or by email.
3. Services Provided by YUNITI
3.1. The scope of delivery is defined in the written order confirmation. Verbal side agreements or changes require written confirmation from YUNITI to be binding.
3.2. YUNITI provides the following services:
Sale of various room systems, including office and living boxes and customized solutions, according to the order confirmation.
Additional services, such as delivery and simple ancillary construction work, may be performed if agreed upon.
3.3. If the scope includes installation, the customer is responsible for all necessary preliminary work, such as setting foundations as per YUNITI's technical specifications, at their own expense. Should YUNITI need to perform additional work due to inadequate preparation, these will be billed separately.
3.4. The customer must ensure that all necessary official permits for the intended use of the goods are obtained. YUNITI is not liable for any damage resulting from missing permits.
3.5. YUNITI does not guarantee the suitability of the ordered goods for the customer’s intended use. Warranty for specific usage or purposes is excluded.
3.6. Changes to the agreed delivery date must be communicated to YUNITI at least 14 days in advance. YUNITI will store goods free of charge for up to 14 days; beyond that, storage fees will apply.
4. Intellectual Property
4.1. All documents provided by YUNITI (e.g., brochures, price lists, photos, plans) remain the intellectual property of YUNITI. Their use beyond the intended purpose requires YUNITI’s explicit written consent.
4.2. Customers are not granted any rights to these materials and must keep any knowledge gained through the business relationship confidential.
5. Delivery
5.1. YUNITI does not guarantee specific delivery dates, especially in cases of atypical transport conditions. Partial and early deliveries are explicitly permitted.
5.2. The customer must sign a delivery confirmation upon receipt. Minor, rectifiable defects do not entitle the customer to withhold the signature.
5.3. If contract fulfillment fails due to circumstances outside YUNITI’s control, YUNITI may demand fulfillment or withdraw from the contract after setting a 14-day grace period.
5.4. If YUNITI chooses to fulfill the contract despite the delay, the customer bears storage costs for delayed acceptance.
5.5. If YUNITI withdraws from the contract, the customer must compensate all expenses and pay the cancellation fee as per Section 7.
6. Prices
6.1. Prices are net, excluding VAT, in euros.
6.2. For deliveries outside Austria, additional duties or taxes may apply, which are borne by the customer.
7. Payment and Retention of Title
7.1. Unless otherwise agreed in writing, payment is due immediately upon delivery.
7.2. If payments are delayed, statutory interest rates apply. Customers are also liable for costs incurred due to delays, such as collection fees and legal representation costs.
7.3. Payment retention due to warranty claims or non-recognized counterclaims is not permitted.
7.4. For contract cancellations, a cancellation fee of 50% of the net price applies.
7.5. Until full payment is received, YUNITI retains ownership of the delivered goods.
8. Place of Fulfillment
8.1. The place of fulfillment for all deliveries and services is YUNITI’s registered office.
9. Risk Transfer
9.1. Risk passes to the customer upon delivery to the carrier, even if free delivery was agreed.
10. Warranty
10.1. YUNITI provides warranty for defects impairing the usability of the goods due to material, design, or execution errors.
10.2. Warranty claims must be reported immediately.
10.3. The warranty period is limited to one year.
11. Liability
11.1. YUNITI’s liability is limited to intentional and gross negligence.
11.2. Claims for indirect damages or lost profits are excluded.
12. Data Processing
12.1. Personal data is processed in accordance with YUNITI’s Privacy Policy, available at www.yuniti.at.
13. Miscellaneous
13.1. Invalid provisions do not affect the validity of the remaining terms.
13.2. Amendments to these GTC require written confirmation.
13.3. Customers must notify YUNITI of address changes without delay.
14. Governing Law and Jurisdiction
14.1. Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
14.2. The competent court at YUNITI’s registered office has exclusive jurisdiction.