Terms and Conditions-B2B

Terms and Conditions for Businesses (B2B)

FINSTERECK KG
Liebenstein 22
4252 Liebenau
Austria

Commercial Register Court: Linz Regional Court
Commercial Register Number: FN 685404 y
VAT ID: ATU83619979
Email: info@finstereck.com

As of: October 2026

1. Scope

1.1. These Terms and Conditions apply to contracts between FINSTERECK KG and businesses for the supply of goods and related services.

1.2. These Terms and Conditions apply exclusively to business transactions. Separate terms and conditions for consumers apply to contracts with consumers.

1.3. Any differing terms of business, purchase or delivery of the other party shall form part of the contract only if FINSTERECK KG has expressly agreed to their application.

1.4. These Terms and Conditions also apply to future transactions with the same contracting party, provided they have been validly incorporated into the relevant business relationship.

2. Offers and Conclusion of Contract

2.1. Product descriptions in the online shop, catalogues, price lists and other product information do not generally constitute a binding offer to enter into a contract unless expressly stated otherwise.

2.2. By placing an order, the contracting party submits a binding offer to enter into a contract.

2.3. An automated order acknowledgement merely confirms receipt of the order and does not constitute acceptance of the contract.

2.4. A contract is concluded when FINSTERECK KG expressly confirms the order or fulfils or dispatches it.

2.5. Custom quotations are binding for the period stated in them. If a quotation does not specify a validity period and is not expressly stated to be binding, it is non-binding.

3. Product Information

3.1. The product specifications agreed in the relevant contract, quotation or order confirmation shall determine the nature and scope of the services to be provided.

3.2. Product images are for illustrative purposes. Minor technical or production-related variations do not constitute a defect provided they do not affect the agreed specifications or intended use.

3.3. A particular characteristic is warranted or guaranteed only if expressly agreed.

4. Prices, VAT and Shipping Costs

4.1. The prices agreed at the time the contract is concluded, or shown in the online shop or quotation, shall apply.

4.2. Whether a price includes VAT or is stated exclusive of statutory VAT is indicated in the relevant price information or specific quotation.

4.3. Shipping, express delivery, customs, import and other ancillary costs will be charged separately unless expressly included in the agreed price.

4.4. For deliveries to other European Union Member States, a supply will be treated as a VAT-exempt intra-Community supply only if the statutory requirements are met. In particular, the contracting party must provide a valid VAT ID number in good time and supply the information and evidence required for tax purposes.

5. Payment Terms

5.1. The invoice amount must be paid in full, without deduction, within the payment period stated in the contract, quotation or invoice.

5.2. A cash discount is available only if expressly agreed.

5.3. Payment is deemed made when the amount due is credited to the account specified by FINSTERECK KG or when the agreed payment method has been successfully processed.

5.4. In the event of late payment, the statutory default interest applicable to business transactions under Section 456 of the Austrian Commercial Code (UGB) shall apply.

5.5. In the event of late payment, the statutory lump-sum compensation for recovery costs under Section 458 of the Austrian Commercial Code (UGB) may also be claimed. Any further necessary and reasonable recovery costs remain unaffected in accordance with the statutory provisions.

5.6. If there are reasonable doubts about the contracting party's solvency, FINSTERECK KG may require advance payment or reasonable security for deliveries not yet made, insofar as this is permitted by law.

6. Delivery

6.1. Delivery periods and dates are set out in the relevant contract or order confirmation.

6.2. Partial deliveries are permitted where reasonable for the contracting party in light of the purpose of the contract.

6.3. If performance is delayed due to circumstances beyond FINSTERECK KG's control, the statutory provisions shall apply. This applies in particular in cases of force majeure or unforeseeable disruptions outside FINSTERECK KG's sphere of influence.

6.4. If, with the contracting party's consent, the goods are shipped to a location other than the place of performance, delivery and the transfer of risk shall be governed by the statutory provisions of Austrian law.

7. Inspection of Goods and Notice of Defects

7.1. In a commercial sale between businesses, the contracting party must inspect the goods promptly after delivery in the ordinary course of business.

7.2. Apparent defects must be reported within a reasonable period after they are discovered, or after they should have been discovered through proper inspection.

7.3. Defects that could not initially be detected through proper inspection must be reported within a reasonable period after discovery.

7.4. The consequences of failing to report defects, or reporting them late, are governed by Sections 377 et seq. of the Austrian Commercial Code (UGB).

8. Warranty

8.1. Warranty claims are governed by the statutory provisions of the Austrian Civil Code (ABGB) and Austrian Commercial Code (UGB), unless a permitted deviation is agreed in the individual contract.

8.2. The goods are defective if, at the time of delivery, they do not have the characteristics agreed in the contract or required by law.

8.3. Damage or impairment occurring after delivery solely as a result of improper use, use other than as intended, unsuitable handling, normal wear and tear or unauthorised modifications does not give rise to a warranty claim in respect of goods that were free of defects at the time of delivery.

8.4. Statutory claims for damages remain unaffected.

9. Withdrawal, Cancellation and Returns

9.1. Businesses do not have a consumer right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG).

9.2. Once a binding contract has been concluded, an order may be amended or cancelled only with FINSTERECK KG's consent.

9.3. There is no general contractual right to return defect-free goods in B2B transactions.

9.4. FINSTERECK KG may agree, on a voluntary case-by-case basis, to accept returns of defect-free stock items. The terms and any applicable costs must be agreed before the return.

9.5. Statutory claims relating to defective goods remain unaffected.

10. Retention of Title

10.1. Delivered goods remain the property of FINSTERECK KG until the relevant claim has been paid in full.

10.2. While title is retained, the goods may not be pledged or transferred by way of security without FINSTERECK KG's consent.

10.3. Any third-party action against goods subject to retention of title, in particular seizure, must be reported to FINSTERECK KG without delay.

11. Liability

11.1. FINSTERECK KG's liability is governed by the statutory provisions.

11.2. Mandatory statutory liability provisions, in particular those under product liability law, remain unaffected.

11.3. FINSTERECK KG shall not be liable for damage caused solely by use after delivery that is improper, contrary to the intended purpose, or contrary to the operating and safety instructions, unless such damage is attributable to unlawful and culpable conduct on its part.

12. Intellectual Property Rights

KATOCUT, product names, technical documents, images, texts, drawings and other protected content belonging to FINSTERECK KG may be used only as permitted by law or under an expressly granted licence.

Purchasing a product does not transfer any additional copyright, design or other intellectual property rights.

13. Data Protection

Information about the processing of personal data is set out in FINSTERECK KG's separate Privacy Policy.

14. Governing Law

14.1. Contracts between FINSTERECK KG and businesses are governed by Austrian law.

14.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.3. Mandatory provisions of European Union law that apply directly remain unaffected.

15. Jurisdiction and Place of Performance

15.1. To the extent permitted by law, the court with subject-matter jurisdiction at FINSTERECK KG's registered office shall have exclusive jurisdiction over disputes arising from or in connection with a contract between FINSTERECK KG and a business.

15.2. Unless otherwise agreed, the place of performance is FINSTERECK KG's registered office at 4252 Liebenau, Austria.

16. Contract Language

The contract language is German, unless otherwise agreed in an individual case.

17. Final Provisions

If any provision of these Terms and Conditions is or becomes wholly or partially invalid, the validity of the remaining provisions shall remain unaffected in accordance with the statutory requirements.

Any invalid provision shall be replaced by the applicable statutory provisions.