Aunt Lotte Design GmbH
Höttinger Au 44
6020 Innsbruck
Our terms and conditions
OUR BUSINESS MODEL
We develop, design, produce and deliver products made from predominantly natural materials at fair and honest prices. The products are, on the one hand, room acoustic absorber elements made of sheep's wool, and on the other hand, furniture and design elements made from a wide variety of materials (wood, flowers, etc. ...). The aim is to offer functional and visually appealing solutions that create a pleasant room ambience.
We are also a developer and producer of a wide variety of everyday and functional items made from natural materials, which offer solutions to existing problems due to their design, material composition and function.
1. A few basic points in advance
1.1. The following general terms and conditions (hereinafter: General Terms and Conditions) are the basis for all offers, orders, deliveries and services from Tante Lotte Design GmbH (hereinafter: Tante Lotte), which we carry out in the course of your orders. We can only accept and implement your orders based on the following terms and conditions.
1.2. We cannot provide services based on other terms and conditions and must therefore hereby reject the validity of your terms and conditions and fundamentally contradict them. Your terms and conditions of business or contract can therefore only be recognized to the extent that they correspond to these General Terms and Conditions or are expressly declared in writing by Aunt Lotte in individual cases to be the basis of the respective contract or service (individual agreement) and otherwise do not become part of the contract.
2. Your offers and the further ordering process
2.1. We always prepare our offers without obligation and without obligation. Your declarations of acceptance and all orders as well as additions, changes or additional agreements require our written confirmation to be legally valid. We must also reserve the right to make changes to the product if these only insignificantly affect the technical properties. All technical data, descriptions and illustrations provided by us in offers, brochures, on the website, other information and advertising material are non-binding.
Any promises, in particular all drawings, illustrations, dimensions, weights or other performance data and descriptions, are only binding if this has been expressly agreed in writing (order confirmation). The same applies to other special properties you require or if our products are suitable for a specific purpose. We also expressly reserve the right to deliver the products offered in a technically improved manner or in a different design.
2.2. It may happen that we are only able to accept some orders, but we will let you know as soon as possible. You are bound to your order for the usual duration of a confirmation but at least for 60 days. In the event of discrepancies between our confirmation and the corresponding order, only our order confirmation is decisive, unless you have informed us of your objection immediately or at least within 5 days of receiving the order confirmation.
3. Our prices
3.1. All orders are generally processed at the prices included in the offer by Tante Lotte.
3.2. Aunt Lotte reserves the right to specify the currency for billing the order and will inform you of the currency shown on the invoice at the latest when the order is confirmed.
3.3. If the order is changed, we may charge a separate fee for the change and, if necessary, also for the packaging.
3.4. All prices are net prices and therefore exclusive of customs duties and sales or value-added taxes. All prices are calculated including normal packaging. If you request special packaging, you will be billed separately for the resulting costs.
3.5. All costs for transport, insurance, customs, etc. are to be borne by you.
4. Payment for our services
4.1. Payment is made by bank transfer to the account specified by Aunt Lotte on the invoice. Payment is deemed to have been made on time if we can actually dispose of the amount within 10 days of receipt of the invoice.
4.2. In the event that no credit limit or a later payment has been agreed with you, or you have exceeded an agreed credit limit, payment must be made in advance by bank transfer. In this case, we are only obliged to deliver the goods once we have the invoice amount at our disposal.
4.3. In the event that you do not comply with the payment conditions, we are entitled to reimburse the costs incurred by us for reminder letters in the amount of a flat rate of EUR 11.00 plus postage per reminder without further reminders.
In addition, if you breach your contractual obligations, you undertake to reimburse us for all costs necessary to properly pursue our claims. In addition, the costs of debt collection agencies are to be reimbursed up to the maximum fees set out in the applicable regulation for fees in debt collection and the costs of lawyers are to be reimbursed according to the lawyer's tariff.
4.4. You can only offset those claims against Aunt Lotte that we have expressly acknowledged. However, Aunt Lotte is entitled to offset existing claims from deliveries, etc. at the time of invoicing. The assertion of a right of retention is excluded.
4.5. If you are in arrears with payment or other services within an agreed credit limit, we are entitled - without prejudice to other rights - to withhold our deliveries until the agreed consideration has been provided while observing the outstanding delivery deadline or to withdraw from the contract after a reasonable grace period has expired to demand compensation for non-performance. In this case, you must immediately return any goods that have already been delivered to Aunt Lotte at your own expense. We reserve the right to assert claims for damages for devaluation, wear and tear, etc.
4.6. If circumstances become known that raise serious doubts about your creditworthiness (e.g. confiscations, suspension of payments, applications to open insolvency proceedings), all of Aunt Lotte's claims against you are due immediately and Aunt Lotte has the right to withdraw from all orders immediately to withdraw - even if these have already been confirmed - and to immediately terminate all contracts with you by means of written notification.
4.7. In the event of late payment, we are entitled to default interest of 8% above the applicable 3-month EURIBOR, but in no case less than 12% per year. Alternatively, we can request the interest rate charged to us on the current business account during the default. The default interest will be capitalized two months after the due date.
5. Important points about our deliveries
5.1. Unless a different agreement has been expressly made with you, shipping is always at your risk and expense to the delivery address you specified when ordering (Ex Works Incoterms 2010).
5.2. Our delivery dates are non-binding, estimated estimates. Unless otherwise agreed, the delivery period begins with receipt of (i) full payment or (ii) any agreed payment on account and ends with the dispatch of the goods.
5.3. In the event that delivery does not take place within the promised deadline, Aunt Lotte must be granted a reasonable extension of the deadline. Failure to adhere to the delivery dates only entitles you to assert your right of withdrawal if we do not carry out the delivery despite setting a grace period of at least two weeks.
5.4. The delivery period is extended by the time of prevention in the following cases and we are not liable in these cases either: in all circumstances independent of the will of Aunt Lotte, such as force majeure, unforeseeable operational disruptions, delivery delays from Aunt Lotte's suppliers, official interventions, transport - and customs clearance delays, difficulties in the provision of materials, transport damage, war, labor disputes and strikes, shortage of raw materials, energy failure, personnel problems, etc. In these cases, however, the contract can be terminated by both Aunt Lotte and you to the extent that those preventing delivery Circumstances have lasted longer than a month.
5.5. To the extent that partial deliveries are possible, they are also legally permissible. Each partial delivery is considered a separate transaction and can be invoiced separately by us. If partial deliveries are delayed, you cannot assert any rights regarding further partial deliveries that are not yet due and yet to be delivered.
6. Regarding our retention of title
6.1. All goods delivered remain our property until all of Aunt Lotte's claims have been fulfilled, especially in their processed condition (goods subject to retention of title). In the event of seizure or seizure of goods subject to retention of title by third parties, you must inform us within 24 hours and must also immediately inform your customers and the bailiff about Aunt Lotte's retention of title to the goods in question and object to the measures taken. You can sell the goods subject to retention of title for cash payment. In this case, however, you must assign the right to the purchase price achieved to Aunt Lotte. In the event that you sell the goods subject to retention of title in another way, you must assign the claims against the purchaser to Aunt Lotte. You must inform both the purchaser and us of the assignment. You are also obliged to note the relevant items in your books and documents accordingly. In addition, if there are regulations regarding mandatory registration or other regulations regarding the establishment of a retention of title in the country in which you have your registered office, you have these mandatory regulations or other regulations
to comply with this and to inform Aunt Lotte accordingly or to provide the relevant evidence.
6.2. In the event that you obtain sole or co-ownership of the products owned by Aunt Lotte by combining, mixing or mixing the products owned by Aunt Lotte with other movable or immovable items to form a uniform new item, you transfer this to Aunt Lotte now to secure the claim Right of ownership with the simultaneous promise to properly store the new item for Aunt Lotte free of charge. If you resell the goods or new items made from them, you must inform your customers that they are the property of Aunt Lotte.
6.3. In the event of late payment or non-payment, you are obliged to hand over the goods subject to retention of title to us immediately upon our first request.
7. What we guarantee
7.1. We only assume warranty for our products in accordance with the following provisions and only to you as the first purchaser. The assignment of warranty claims to third parties is excluded.
7.2. Goods must be inspected immediately after delivery for completeness, accuracy and other freedom from defects. Obvious defects must be reported in writing within 10 days of receipt of the goods. If defects are not reported within this time, this will result in the loss of all claims to which you are entitled for defects that become apparent during a proper inspection. Defects that cannot be identified upon acceptance of the goods or not even after careful inspection of the goods must be reported in writing within 10 days of their identification, or in any case within one year of delivery. If the complaint is not made in the correct form or on time, the goods are deemed to have been approved. A defect in a partial delivery does not entitle you to withdraw from the contract.
7.3. You are not entitled to refuse to accept our service if there are only minor defects. If acceptance is repeatedly refused without good reason, acceptance will take place automatically when the service is provided or used by you. From this point on, our service is deemed to have been provided/delivered without defects.
7.4. The warranty period is 6 months for movable items and 12 months if they are installed, whereby you must prove the existence of a defect. The warranty and the warranty period begin when you take delivery of the goods, even if the goods are only installed at a later date. If there is a defect that is subject to warranty, Aunt Lotte has the choice of repairing or replacing the defective parts or making an appropriate price reduction. The recognition of warranty claims by us will in no way extend the originally granted warranty period.
7.5. Aunt Lotte assumes no liability for services provided by Aunt Lotte if these were subsequently changed by third parties attributable to you or if disruptions or damage occurred due to improper handling, unauthorized changes to the products by you, end users or third parties commissioned by you (such as . Fitters).
7.6. Aunt Lotte products are natural products and may have differences in color and weight. A fraying is possible and the dimensional stability changes with the room climate (heat/cold, humidity/dryness, etc.). Deviations of 0.7% in the longitudinal and transverse directions, in thickness of +/- 20% and weight deviations of +/- 25% from the stated weight are therefore due to the nature of the material and are not a material defect.
Whisperwool® acoustic panels are only suitable for use in dry interiors and are not suitable for use in wet rooms.
The measurement serves as the basis for determining the requirements for Whisperwool® acoustic panels and must be carried out on site at the construction site. Detailed implementation plans from the responsible planning office also serve as assistance here. At the same time, the desired sections must also be collected and defined with the client, construction management and planners. The waste for Whisperwool® acoustic panels is approx. 10%, depending on the situation on site. This must be taken into account when determining requirements and included in the order quantity and therefore does not constitute a defect in the warranty.
In addition, we do not assume any liability for non-compliance with our assembly and operating instructions or instructions regarding maintenance intervals and obligations, including non-compliance with the specifications regarding storage, air conditioning and assembly conditions, as well as for non-compliance with safety regulations or safety measures as well as damage resulting from due to improper transport or force majeure.
8. How are repairs and returns handled
8.1. Defective goods may not be returned to us without our prior written consent. When returning goods, our shipping instructions must be strictly followed to avoid significant re-import duties. If you fail to comply with these, you will be responsible for all costs and fees incurred as a result.
8.2. All other possible circumstances that may lead to the return of goods (incorrect delivery, delivery of a larger quantity) must also be approved in advance by us in writing without exception. In the event of returns not approved by us, you must bear all resulting costs.
9. Assumption of risk and insurance coverage
9.1. All risks and dangers pass to you once the goods have been made available by us for collection by a carrier. The same applies to handling by Aunt Lotte's carriers. We are therefore not liable for damage during and through transport. However, we will transfer any claims against the carrier to you.
9.2. Any delivery made under the above provisions will be made at your expense and risk. In particular, no liability is assumed for delivery by third parties, such as freight companies or any other shipping and courier services; Therefore, no claims for damages can be asserted against Aunt Lotte due to non-delivery or incorrect delivery of goods.
9.3. The goods will generally not be insured unless insurance has been agreed with you in writing. However, Aunt Lotte will take out transport insurance for you upon payment in advance, but assumes no responsibility for this. If, for whatever reason, the insurance company refuses to reimburse you for these damages, you are still obliged to pay the invoices we have issued for the Goods must be paid for immediately.
10. Our liability and any compensation for damages
10.1. Aunt Lotte is solely liable for the proper provision of services and that the products have and meet the technical requirements as promised in writing by Aunt Lotte. In principle, Aunt Lotte's liability for any damage is limited to gross negligence and intent. Liability for slight negligence is therefore excluded. In addition, any liability on our part - to the extent permitted by law - is limited to - depending on which amount is lower - 20% of the order volume or a maximum amount of EUR 40,000.00.
10.2. Any liability on our part for indirect, indirect or consequential damages, or for lost profits, is excluded and expressly waived.
10.3. For damages that arise as a result of you using the goods in a way that deviates from the usual area of application and/or application intended according to the description of the products or for use in areas for which we have not made any separate written promises regarding their usability, In any case, Aunt Lotte is not liable.
10.4. Any further claims on your part that are not explicitly listed in these general terms and conditions are expressly excluded.
11. Our intellectual property, third party rights
11.1. Our products, offers as well as supplements, samples, dimension drawings, sketches and descriptions are our property or are protected by copyright or other intellectual property rights and may not be changed, reproduced, made accessible to third parties or passed on without our prior written consent.
11.2. The offers and contents of our website, brochures and other documents are protected by legal regulations, in particular by copyright, trademark rights, design rights, patent rights or other rights to protect intellectual property. For Aunt Lotte, the trademark WHISPERWOOL, EM 015671357, is registered and the patent EP 3 568 537 A1 is registered. The trademarks and content of Tante Lotte may therefore only be used within the scope of our contractual relationship, the applicable legal regulations and the customs of honest business dealings. You also expressly undertake to refrain from any further use in commercial transactions or from registering trademarks that are identical or confusingly similar to those of Tante Lotte.
11.3 You warrant that you have all rights to all plans, drawings, photos or other documents protected by intellectual property rights and that you will fully indemnify and hold Aunt Lotte harmless in the event of a claim by a third party.
12. Privacy Policy
The protection of your personal data is particularly important to us. We are therefore committed to complying with the legally applicable data protection regulations in accordance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
Data recorded as part of this order will be stored by us for the purpose of processing the order. We do not pass this data on to third parties. The servers we rent and the backup server are located in the Wörgl data center. Access to the server is not possible for third parties and is secured by a variety of security measures.
We use appropriate organizational, technical and administrative measures to protect the personal data under our control against unauthorized access, unlawful processing or disclosure, as well as against loss, falsification or destruction. This applies regardless of whether the data processing takes place electronically or in paper form. These measures are continuously adapted to technical developments and organizational changes.
Within the framework of the General Data Protection Regulation, you have the right to receive information about your personal data and to have your personal data corrected, deleted, restricted in use or transferred to others. You also have the right to lodge an objection with the data protection authority. You can also revoke any consent you have given us at any time with future effect.
Your personal data will be stored by us until the end of the statutory retention period and then deleted. [Specify contact person (name, address, email)].
13. What else needs to be considered
13.1. A transfer of the rights from the contract concluded with us to third parties requires the prior written consent of Aunt Lotte.
13.2. Claiming a shortening of more than half (laesio enormousis) is excluded.
13.3. In order to be valid, changes and additional agreements must be confirmed in writing by authorized representatives of our company registered in the commercial register and only apply to the individual business transaction. Our other employees are not authorized to make changes or additional agreements to these general terms and conditions.
13.4. If one or more provisions of these general terms and conditions are invalid or unenforceable, the validity of the remaining provisions and the underlying contract remains unaffected. The invalid or unenforceable provision will be replaced by an effective and enforceable one that comes closest to the invalid or unenforceable one.
14. Applicable law, place of jurisdiction and place of performance
14.1. These general terms and conditions are subject to Austrian law, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG or UNCITRAL in the currently applicable version or similar agreements that replace them).
14.2. The place of jurisdiction for all claims arising from the contract is the court with material jurisdiction for 6020 Innsbruck. However, Aunt Lotte reserves the right to use any other possible place of jurisdiction or to use the place of jurisdiction at the registered office of your company.
14.3. Aunt Lotte's company headquarters, Höttinger Au 44, 6020 Innsbruck, is agreed as the place of performance for all services to be provided by us.
Aunt Lotte Design GmbH
Innsbruck, February 2020