01.

Content of the online offer.

The author assumes no liability for the topicality, correctness and completeness of the information provided on our website. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of the author. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

02.

References and links.

In the case of direct or indirect references to external websites (“hyperlinks”) that lie outside the author's area of responsibility, a liability obligation would only come into force if the author was aware of the content and it was technically possible and reasonable for him to prevent use in the case of illegal content. The author hereby expressly declares that no illegal content was recognizable on the linked pages at the time the links were created. The author has no influence whatsoever on the current and future design, content or authorship of the linked pages. Therefore, the author hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author's own website as well as to third-party entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the author to whose content external write access is possible. Liability for illegal, incorrect or incomplete content and in particular for damages resulting from the use or non-use of such information lies solely with the provider of the page to which reference is made, and not with the person who merely refers to the respective publication via links.

03.

Copyright and trademark law.

The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to use license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

04.

Data protection.

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services is - as far as technically possible and reasonable - also permitted without providing such data or by providing anonymized data or a pseudonym. The use of contact data such as postal addresses, telephone and fax numbers and e-mail addresses published in the imprint or comparable information by third parties for the transmission of information not expressly requested is not permitted. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.

05.

Google Adsense.

This website uses Google Adsense, a web advertising service of Google Inc, USA (“Google”). Google Adsense uses so-called “cookies” (text files), which are stored on your computer and enable your use of the website to be analyzed. Google Adsense also uses so-called “web beacons” (small invisible graphics) to collect information. By using the web beacon, simple actions such as visitor traffic on the website can be recorded and collected. The information generated by the cookie and/or web beacon about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website with regard to the advertisements, compiling reports on website activity and advertisements for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You can prevent the storage of cookies on your hard disk and the display of web beacons by selecting “Do not accept cookies” in your browser settings (in MS Internet Explorer under “Tools > Internet Options > Privacy > Settings”; in Firefox under “Tools > Settings > Privacy > Cookies”); however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

06.

Google Analytics.

This website uses Google Analytics, a web analysis service of Google Inc (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.7 Legal validity of this disclaimerThis disclaimer is to be regarded as part of the website from which you were referred to this page. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Privacy policy.

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003). In this data protection information, we inform you about the most important aspects of data processing on our website.

Contact with us
If you contact us using the form on the website or by e-mail, the data you provide will be stored by us for six months for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.

Cookies
Our website uses so-called cookies. These are small text files that are stored on your end device with the help of the browser. They do not cause any damage. We use cookies to make our website more user-friendly. Some cookies remain stored on your device until you delete them. They enable us to recognize your browser on your next visit. If you do not want this, you can set up your browser so that it informs you about the setting of cookies and you only allow this in individual cases. If you deactivate cookies, the functionality of our website may be restricted.

Ihre RightsIn principle, you have the right to information, correction, deletion, restriction, data portability, revocation and objection with regard to your data stored by us. If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, you can lodge a complaint with us.

01.

Scope of application.

1.1 These General Terms and Conditions shall apply to all current and future business relationships between the Client and oliver neundlinger gartengestaltung (hereinafter referred to as the “Contractor”), in particular all work, deliveries and other services provided by the Contractor, unless otherwise contractually agreed in individual cases

.1.2 All work, deliveries and other services shall be carried out in accordance with the standards set out in ÖNORM B 2110, unless these Terms and Conditions provide otherwise and the provisions of ÖNORM B 2110 do not contradict these Terms and Conditions.

1.3 These General Terms and Conditions shall apply to consumers within the meaning of the Consumer Protection Act, unless they contradict mandatory provisions of the Consumer Protection Act.

1.4 Conflicting terms and conditions of the Client shall only apply, even if known by the Contractor, if they are expressly recognized and confirmed in writing by the Contractor.

1.5 Agreements deviating from or supplementing these General Terms and Conditions must be made in writing.

1.6 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

02.

Offer.

2.1.Die Angebote des Auftragnehmers samt dazugehöriger Unterlagen sind, soweit nichts anderes festgelegt ist, freibleibend und unverbindlich und zwar hinsichtlich aller angegebenen Daten einschließlich des Honorars.

2.2.Die Annahme eines vom Auftragnehmer erstellten Anbotes ist nur hinsichtlich der gesamten angebotenen Leistungen möglich.

2.3.Der Auftraggeber ist an seinen Auftrag zwei Wochen ab dessen Zugang beim Auftragnehmer gebunden. Aufträge des Auftraggebers gelten erst durch schriftliche Auftragsbestätigung des Auftragnehmers als angenommen.

2.4.Sämtliche technischen und sonstigen Unterlagen bleiben geistiges Eigentum des Auftragnehmers. Jede Verwendung, insbesondere die Weitergabe, Vervielfältigung und Veröffentlichung bedarf der ausdrücklichen Zustimmung des Auftragnehmers.

03.

Conclusion of contract.

3.1 Contracts and orders shall only bind the Contractor after it has confirmed the order. However, the Contractor may withdraw from the contract prior to the commencement of performance of the contract or during performance of the contract without liability for damages if force majeure makes performance or the procurement of materials impossible.

3.2 The Contractor reserves the right to subcontract the order, in whole or in part.

3.3 Amendments, supplements or additional orders shall require written confirmation by the Contractor. Employees and other workers engaged by the Contractor shall not be entitled to accept amendments, supplements or additional orders unless the Contractor has notified the Client to the contrary, in particular if certain persons have been authorized to do so. Changes, additions or additional orders that are assigned to a worker contrary to this provision shall be at the expense of the Client and may therefore be invoiced by the Contractor.

3.4 Work that is absolutely necessary or unavoidable for the proper execution of the order, but which is only recognized during the execution of the work through no fault of the contractor, must be reported to the client immediately. If the work is absolutely necessary or unavoidable and results in a cost overrun of more than 15% of the agreed remuneration, the client must approve it before it is carried out. Only if the client approves the work is he obliged to pay for it. Otherwise, however, the client may withdraw from the contract for this reason. In this case, all work carried out to date shall be remunerated. In the event of a cost overrun of less than 15% of the agreed remuneration, the client shall be obliged to pay even without approval; if, in the course of the execution of the work, work going beyond the offer is recognized as expedient, the client must also be notified immediately. If the client approves this work, it shall be considered an additional order and shall be invoiced separately.

04.

Execution of the work.

4.1 The Contractor shall only be obliged to perform the service after all structural, technical and legal requirements have been met by the Client.

4.2 Agreed execution dates shall be deemed to be approximate. In the case of work that is dependent on weather conditions, the agreed execution dates shall be extended to the extent that the weather conditions delay the work or make it impossible.

4.3 Unless expressly agreed otherwise, the client shall provide the necessary scaffolding, elevator facilities including maintenance, construction water, electricity and other necessary structural requirements free of charge.

05.

Acceptance.

5.1 The Contractor shall immediately notify the Client of the completion of the order. If this is not done, receipt of the invoice by the client shall also be deemed to be notification of completion. an acceptance inspection must be carried out within 8 days of notification or receipt of the invoice by the client. the client may waive the acceptance inspection. A waiver shall be deemed to have been made if the client does not request the inspection within 8 days of notification or receipt of the invoice. Consumers within the meaning of the Consumer Protection Act shall be specifically informed of this at the beginning of the period.

5.2 In the case of foundations or other work that can no longer be measured at a later date, the client may only request an inspection of the dimensions as long as the dimensions can be determined.

5.3 The client must immediately confirm to the contractor the completion of the work and its extent determined during the acceptance inspection (acceptance confirmation). This shall also apply to the premature inspection of foundations or other work that cannot be measured later.

5.4 Plants shall be deemed to have been accepted on the agreed day on which they are planted at the client's premises. This also applies if the client is not present.

06.

Notice of defects.

6.1 Section 377 UGB shall apply to deliveries between entrepreneurs: The Contractor's deliveries and services shall be inspected after notification of completion as part of the acceptance inspection. Defects that are discovered during this inspection or that are easily detectable or detectable with appropriate attention must be reported in writing immediately after the acceptance inspection.

6.2 Defects that become apparent later must be reported in writing without delay.

6.3 If the client or a local site manager or other professional supervisor appointed by the client had to recognize defects during the execution of work or during the delivery of plants, these must be reported immediately after their possible discovery.

6.4 If no confirmation of acceptance is issued, the service or delivery shall be deemed to have been duly accepted if the client has not notified any defects in writing within 8 days of notification of completion or receipt of the invoice. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages, as well as the right to contest errors due to defects, shall be excluded in such cases.

07.

Warranty and warranty period, compensation for damages.

7.1 The Contractor warrants that its services have the properties expressly stipulated in the contract or otherwise the properties usually assumed and that the work has been carried out properly and professionally; if materials and plants are provided by the Client, the Contractor's liability shall extend to the professional work, but not to claims arising from the plants and materials provided.

7.2 Topsoil or humus deliveries shall only be inspected by the Contractor for external structure and quality. No liability shall be assumed for any defects that cannot be determined in this respect, in particular with regard to nutrient content or freedom from pests.

7.3 No liability shall be accepted for subsidence damage caused by work on ground not filled in by the Contractor, or for damage caused by weed infestation of the ground. This shall not affect the Contractor's obligation to combat weeds in accordance with the order placed.

7.4 If the contractor supplies plants or seeds, he is only required to rectify any defects at his expense, where plants do not take or seeds do not germinate, if he has been contracted to care for them for at least one growing season, generally for one year. However, the contractor is released from this obligation if the damage is due to the behavior of people, pets, game, grazing livestock or other external influences beyond the contractor's control, or to a heavy infestation of plant or animal pests. The costs for the care are to be agreed separately.

7.5 If defects occur for which the contractor is responsible, the client may demand that they be remedied, but only if remedying them does not require a disproportionate effort. If a defect can be remedied either by improvement or by replacement of a delivery/service, the contractor shall decide how to fulfill the warranty claim. If the rectification would require a disproportionate effort, the client can only demand that the remuneration be reduced to an appropriate amount.

7.6 The warranty period shall be three years from acceptance (see Section 5 above) of the contractual performance, unless otherwise expressly stated in these terms and conditions. The reversal of the burden of proof under Section 924 of the Austrian Civil Code (ABGB) is excluded for transactions between companies.

7.7 The contractor shall not be liable for any damages or delays incurred by the client due to force majeure or third parties, even during the execution of the work. For all other damages, except personal injury, the contractor shall only be liable in the event of intent or gross negligence. In the case of transactions between companies, the existence of gross negligence must be proven by the injured party.

08.

Invoicing and payment.

8.1. The agreed prices cover all contractually agreed deliveries and services, including ancillary services as defined by ÖNORM 2241, unless otherwise contractually agreed.

8.2 Unless otherwise contractually agreed, the invoice shall be based on the actual hours worked and/or the quantity determined at the time of acceptance. Services going beyond Section 8.1, in particular services not expressly stated in the offer, as well as changes, additions or additional orders, shall be invoiced on the basis of the working hours expended and the associated deliveries according to the usual rates.

8.3 If, between the conclusion of the contract and the performance of the service, wage costs increase due to legislation, regulations or collective agreements, or material costs increase due to recommendations of the Parity Commission or due to changes in world market prices for raw materials, the prices in question shall increase accordingly if no less than 2 months elapse between the placing of the order and the completion of the performance of the service.

8.4 Partial invoices or advance payments on account based on partial invoices or partial lists shall be payable within 8 days, less a 7% coverage retention. Final invoices and seasonal final invoices shall be payable within 30 days without any deductions. Unless expressly agreed, cash discounts shall not be permitted. The retention money can be replaced by a bank guarantee at the request of the contractor.

8.5 The maximum amount of the retention money shall not exceed 3% of the order amount. The contractor is entitled to replace the retention money by a bank guarantee. An express written agreement is required at the conclusion of the contract for the deduction of a retention amount. If the client is in default of payment, the contractor is entitled to charge default interest at a rate of at least 6% above the respective bank rate; this does not affect any further claims for damages.

09.

Retention of title.

9.1 All deliveries remain the property of the contractor until full payment of the invoice amount, insofar as they can be removed without destruction or alteration of their nature.

9.2 The contractor may therefore remove the delivery at the expense of the client after the planned payment date has been exceeded and after a prior written warning that the retention of title will be exercised. Any further claims for damages remain unaffected.

10.

Arbitrator's award and place of jurisdiction.

10.1 In the event of differences of opinion between the contractor and the client on technical matters, the binding opinion of an expert, who is to be appointed by the Chamber of Commerce of the federal state in which the contractor has his place of business from the list of permanently sworn experts at the request of one of the parties to the dispute, shall be binding. The costs of the expert opinion shall be borne by the party whose opinion is unsuccessful; in case of doubt, the costs shall be borne equally by the parties in dispute.

10.2 The legal relationship between the parties shall be governed exclusively by Austrian law. The applicability of the UN Sales Convention is excluded. The court of competent jurisdiction in whose district the performance took place shall have local jurisdiction to decide on all disputes arising from this contract, unless otherwise contractually agreed or stipulated by mandatory statutory provisions.

11.

Conflicting terms and conditions.

11.1 General terms and conditions of any kind that conflict with these terms and conditions are entirely invalid.