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The buyer agrees to the following sales, delivery and payment conditions.

1. Validity:

These terms and conditions apply to all of our offers and deliveries! They exclude the validity of contradictory conditions that are placed by purchasers on order forms or in any other way. In such cases, if the buyer does not object within 5 days of receiving our order confirmation, only our conditions apply. In the event of an objection, the order is deemed to have been withdrawn and we will not deliver. A late cancellation by the buyer is ineffective. Our conditions apply to the entire business relationship including follow-up transactions, including warehouse sales by our representatives or sales warehouses as well as to subsequent orders until the buyer is notified of a change or an order is specifically confirmed in a different sense.

2. Order acceptance:

Orders, including those placed by representatives or travelers, are only considered accepted after we have issued a written confirmation or through actual delivery and are only then legally binding for us. All agreements or arrangements require written confirmation.

3. Delivery times:

Delivery times are considered approximate in all cases and are not binding for us. They are calculated from the day of our order confirmation. Claims for damages resulting from late or non-delivery are excluded. In the event of a delay in delivery, withdrawal from the contract is excluded. We reserve the right to deliver in all cases. Events of force majeure of all kinds, in particular shortages of raw materials or operating supplies, etc., release us from all assumed full or partial delivery obligations and delivery times and only entitle us to withdraw from the contract, even if the hindrance is only temporary.

4. Prices:

Our prices are subject to change in any case and are quoted in euros ex our premises. If price increases occur between the conclusion of the transaction and delivery of the goods, whether due to increases in materials or wages, we are entitled to charge the increased prices.


5. Delivery:

Shipping is generally uninsured, but in any case at the expense and risk of the buyer, even if the goods are sold free to the receiving station or home. Unless otherwise agreed in writing, the freight costs must be paid by the buyer in all cases. It is up to us to insure the goods during transport; The costs of insurance are borne by the buyer. In the event of damage when shipping by rail, the buyer must secure his rights from the railway through official railway records before taking over the delivery, even if the shipment is uninsured. Damage when delivered by truck will only be recognized by us if it is shown immediately on the delivery note acceptance of goods have been determined.

6. Warranty and compensation:

Complaints and notices of defects must be justified and must be received by us by registered letter within 5 days of receipt of the goods; these are excluded if they occur after the deadline has expired. Hidden defects can no longer be reported after one month from the buyer accepting the goods or the goods arriving at their destination. We guarantee that the purchased item is free of defects at the time of shipment to the buyer or, in any case, at the time of handover to the freight forwarder, freight carrier or other company commissioned with the shipment, which could affect its value or suitability for the purpose affect normal consumption. The warranty is limited to improvement or replacement. This is at our discretion. There are no claims for cancellation or price reduction. Any price credit from us will be voluntary and without legal entitlement, including in the future. Claims for damages due to the delivery of defective goods, regardless of the legal basis on which they arise, are – to the extent legally permissible – excluded. However, insofar as it involves third-party parts that are attached to, on or in the purchased item (furniture upholstery materials, fittings, etc.), the buyer's warranty claims are excluded with the proviso that the seller's warranty claims against the manufacturer of the third-party part are passed on to the buyer are deemed to have been assigned. We are not obliged to provide a replacement delivery. If the complaint is made in a timely and correct manner, the buyer is obliged, at our request, to return the items specified by us, properly packaged, postage paid, but is not entitled to return all of them without our consent. Warranty claims are not considered recognized without our prior written consent. We expressly reserve the right to make small deviations in dimensions, colors, models and fabric samples and do not entitle the buyer to make complaints; all further claims are also excluded. The buyer is not entitled to withhold the purchase price in whole or in part until a complaint has been resolved; this still remains due. Claims for damages due to financial loss against us are excluded. In any case, further claims for damages are limited to intentional causation. When taking delivery of the goods, the customer must check the packaging before it is unpacked. If the customer reports damage to the goods, the goods do not have to be acknowledged


7. Payment:

The date of issue of the invoices is decisive for payment deadlines, regardless of receipt of the goods. Discounts are only valid if the invoices are regulated in accordance with the terms and conditions with a cash discount. If the agreed payment deadline is exceeded by a maximum of 5 days when a discount is granted, the entire invoice amount is due. If the target is exceeded, interest will be charged at a rate of 10 percent above the respective base interest rate applicable at the time of purchase. In the event of late payment, the buyer is obliged to reimburse reminder costs as well as the costs of legal intervention necessary for appropriate legal action. We have the right to withdraw after setting a reasonable grace period. In this case, the delivered goods must be returned immediately and we are entitled to a flat-rate compensation amount for the necessary expenses of at least €250.00, but no more than compensation for the damage that has actually occurred. Bills of exchange, personal acceptances and checks will only be credited under the usual reservations if they are fully redeemed. Bills of exchange and personal acceptances will only be accepted in lieu of payment after prior written agreement. We accept bills of exchange and personal acceptances and checks subject to the possibility of discounting and try to satisfy ourselves from them, but do not consider them as payment, but rather reserve our claim until they are finally redeemed. All resulting costs, including the discount, are borne by the buyer; As soon as a bill of exchange or check is returned unredeemed, all outstanding invoice amounts will become due immediately. This also applies if an invoice is not paid despite reminders. In such cases, we are entitled to demand immediate cash payment of all invoice amounts as well as any bills of exchange that may still be in circulation and to sue for the corresponding amounts, regardless of whether the bills of exchange or acceptances that have been further traded in are still in our hands or passed on by us have been. The buyer cannot make payment dependent on the return of these means of payment. Our representatives are only entitled to collect payments if they have written collection authority in individual cases. The buyer cannot make a payment for a later invoice if older invoices are still unpaid. The seller has the right to always offset incoming payments against the oldest invoices.


8. Creditworthiness:

The prerequisite for our obligation to deliver is the unconditional creditworthiness of the buyer. If we receive information about the buyer's poor creditworthiness after the purchase has been completed, we are entitled to withdraw from the contract. In the event of delivery, the buyer undertakes to allow us to inspect the goods delivered by us at any time, to insure them against fire, burglary, etc. at his own expense and to pay us postage paid in the event of any differences of any kind or payment difficulties without recourse to court to publish our work. In such cases, we are also entitled to store our delivered goods with a freight forwarder or other company. The resulting costs for packaging, shipping and storage are borne by the buyer.

9. Property rights:

The goods remain the property of the seller until the purchase price has been paid in full as commission goods, including all additional claims. The seller retains ownership of the goods delivered by him as well as any new items resulting from the processing of the delivered goods until all of the seller's claims against the buyer have been settled in full, in particular also the settlement of any balance that may arise to the buyer's detriment from the current account relationship. The retention of title also applies to the freight forwarder to whom the goods are handed over at the request of the buyer or seller. The buyer is entitled to process the goods. In this case, however, the seller should be viewed as the manufacturer, i.e. acquire ownership of the intermediate and final products, while the processor should only be the custodian. If mixing or mixing with other items takes place, the resulting co-ownership passes to the seller. The claims arising from further processing against the third party are transferred in full to the seller. If the claims against the third party arising from the resale are irrecoverable, the buyer is liable in any case for the claim as well as for the resulting costs, even if the seller takes over the collection himself. At the seller's request, the buyer is obliged to announce the assignment to the sub-orderers and to provide the seller with the information and documents necessary to assert its rights against the sub-orderers. The buyer is authorized to collect the claims against the sub-orderers for the account of the seller, as long as the latter does not expressly reserve the right to collect them! The buyer must immediately pay the amounts collected by him to the seller if his claims are due. The buyer must immediately notify the seller of any access by third parties to the goods and other items owned by the seller or to the claims assigned to the seller. If the buyer fails to do this, he is liable to the seller for any resulting damage and for all expenses. He must also bear all costs incurred in connection with the release request. Any pledging or assignment as security for the benefit of third parties is excluded. It is expressly agreed that these provisions also apply until the acceptances, bills of exchange and checks given have been fully redeemed; furthermore, partial payments do not affect the retention of title.

10. Cancellation instructions and right of cancellation in accordance with Section 11 FAGG (right of withdrawal):

The buyer has the right to cancel the contract without giving reasons within 14 calendar days. This 14-day period begins to run from the day on which the buyer, or a third party named by him who is not the carrier of the goods, has or has taken possession of the goods.

The deadline is met if the buyer sends the completed cancellation form within the deadline or - instead of the cancellation form - a clear declaration of the decision to cancel this contract to the return address provided by us.

Return address:

Elky mattress production GmbH

St. Michael ob Bleiburg 38

9143 St. Michael ob Bleiburg

Tel.: 0043 4235 2541


Goods ready for shipment must be returned complete, i.e. including all accessories, operating instructions, ideally in their original packaging, but at least in suitable transport packaging.

11. Consequences of revocation:

If the buyer withdraws from the contract in a timely manner, the contract will be canceled and the buyer must return the goods. If the buyer cancels the contract, we will pay him all payments we have received, including delivery costs (with the exception of additional costs resulting from the buyer choosing a method other than our cheaper standard delivery), immediately and at the latest within 14 days from the day on which we received notification of the cancellation of this contract. Refunds will be made using the same payment method that the buyer chose in the original transaction, unless expressly agreed otherwise.

We may refuse repayment until we have received the goods back or the buyer has provided evidence that the goods have been returned, whichever is earlier.

The buyer must return the goods to us immediately and, in any case, no later than fourteen days from the day on which he informed us of the cancellation of the contract. The deadline is met if the goods were sent before the fourteen day period has expired.

If the buyer has already made necessary and useful expenses for the item during this time (e.g. necessary maintenance costs), we must reimburse them.

Conversely, the buyer must pay compensation for a reduction in value if this is due to handling that is not necessary to check the nature, properties or functionality of the goods.

12. Return shipping costs:

The buyer must bear the return shipping costs.

13. Exclusion from the right of withdrawal:

There is no right of withdrawal for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed § 18 Paragraph 1 Item 5 FAGG.

Furthermore, for goods that were manufactured according to customer specifications or that are tailored to the personal needs of the customer in accordance with Section 18 Paragraph 1 Z 3 FAGG.

An exception is with mattresses. A product such as a mattress whose protective film was removed by the consumer after delivery does not fall under the concept of sealed goods. A right of withdrawal is possible, but as already mentioned in point 11, Consequences of withdrawal, the buyer is liable for any loss of value that is due to handling that is not necessary to check the nature, properties and functionality of the goods.

The buyer can test the mattress models at home, as usual in the store. If testing goes beyond this, there will be a reduction in value.

14. Offsetting:

Offsetting against counterclaims, regardless of the legal basis on which they would be derived, is excluded.

15. Place of performance and jurisdiction:

The place of fulfillment for both parties for deliveries and payments, including for bills of exchange, acceptances and checks, etc. in lieu of payment, is always expressly Bleiburg. The place of jurisdiction for both parties, regardless of the amount, is expressly the Bleiburg District Court. This also applies to check and bill protests.

16. Acceptance of the Terms:

Acceptance of these conditions without objection is deemed to be an express acceptance of all purchase contracts now and in the future and recognition of our sales, delivery and payment conditions.

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