Terms of service
General Terms and Conditions
Version: 04.08.2025
1. General
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") apply to all contracts concluded on or after 04.08.2025 between the client, purchaser or customer (hereinafter referred to as the "Customer") and us, O+ GmbH, company registration number FN 611782 f, with its registered office in Bergheim and its business address at Handelszentrum 16/BT2/EG, 5101 Bergheim (hereinafter referred to as "O+ GmbH"), concerning our goods and/or services, in particular purchase agreements, contracts for work and services, or any other commissioned services (commissioning, installation, servicing, etc.).
1.2. By placing an order, the Customer confirms that they are familiar with these GTC, expressly acknowledges them, and accepts them in their entirety as part of the contract. Silence on the part of the Customer shall in any event constitute acceptance. Any additional or deviating terms and conditions or contractual forms of the Customer are hereby rejected by O+ GmbH and shall not become part of the contract or the terms and conditions of sale unless such terms or contractual forms have been expressly acknowledged in writing by an authorised representative of O+ GmbH. These GTC shall also apply to subsequent orders and, in the case of an ongoing business relationship, even without explicit reference to them.
1.3. These GTC shall take precedence over any commercial customs or trade practices. Mandatory statutory provisions shall limit the scope of these GTC only to the extent required by law.
1.4. A Consumer within the meaning of these GTC is any person to whom the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG) applies in the event of placing an order. An Entrepreneur within the meaning of these GTC is any natural or legal person operating a business within the meaning of the Austrian Commercial Code (Unternehmensgesetzbuch – UGB).
2. General Provisions on the Conclusion of Contracts
2.1. Any oral statements made by O+ GmbH—including those made in response to enquiries from the Customer—are non-binding, even where they include prices, delivery dates, or other technical specifications.
2.2. A contract shall be concluded upon O+ GmbH issuing an order confirmation to the Customer or, if no order confirmation is issued, upon delivery of the goods to the Customer. A contract shall in any event also be deemed concluded if the Customer accepts O+ GmbH's offer in writing or signs O+ GmbH's written order form.
2.3. Employees of O+ GmbH are not authorised to waive the requirement for a written order confirmation, make commitments deviating from the agreed content of the contract, or issue guarantees.
2.4. If the order confirmation signed by the Customer differs from the Customer's original order, the order confirmation shall prevail in case of doubt, provided that the Customer is not a Consumer. If the Customer is a Consumer, no contract shall be concluded in such a case.
2.5. Any amendment to a concluded contract shall likewise require written confirmation by O+ GmbH.
2.6. O+ GmbH shall be entitled, at its sole discretion, to engage subcontractors for the complete or partial performance of its contractual obligations at any time. O+ GmbH undertakes to engage only subcontractors holding the necessary trade licences and/or any other required official authorisations.
2.7. Without prejudice to any further statutory rights, O+ GmbH shall be entitled, in whole or in part and without compensation, to withdraw from a contract with an Entrepreneur if the Entrepreneur objects to the applicability of these General Terms and Conditions of Sale; if insolvency proceedings are applied for in respect of the Customer's assets or such application is rejected due to insufficient assets to cover the costs of the proceedings; if the Customer, without justified reason, fails to fulfil material obligations owed to O+ GmbH or to third parties; if the Customer provides inaccurate information regarding its creditworthiness; if credit insurance coverage granted to O+ GmbH is reduced for reasons beyond O+ GmbH's control; if O+ GmbH itself is not supplied correctly or in due time through no fault of its own; or if O+ GmbH is otherwise unable to fulfil its contractual obligations by means that remain reasonable, taking into account its own legitimate interests, the legitimate interests of the Customer apparent at the time the contract was concluded, and, in particular, the agreed consideration.
3. Conclusion of Contracts via the Online Shop / Distance Selling
3.1. The product descriptions contained in the O+ GmbH online shop do not constitute binding offers but serve as an invitation for the Customer to submit a binding offer.
3.2. The Customer may submit an offer using the online order form integrated into our online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button completing the order process. The Customer may also submit an offer by post, e-mail, fax or telephone.
3.3. O+ GmbH may accept the Customer's offer within five days by:
- sending the Customer a written order confirmation or an order confirmation in text form (e.g. by fax or e-mail), whereby receipt of the order confirmation by the Customer shall be decisive; or
- delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
- requesting payment from the Customer after the order has been placed.
If more than one of the above alternatives applies, the contract shall be concluded at the time when the first of these alternatives occurs. If O+ GmbH does not accept the Customer's offer within the above period, this shall be deemed a rejection of the offer, with the consequence that the Customer shall no longer be bound by their declaration of intent.
3.4. If the Customer selects PayPal as the payment method during the online ordering process, by clicking the button completing the order process, the Customer simultaneously issues a payment instruction to their payment service provider. In this case, notwithstanding Section 3.3, O+ GmbH hereby declares acceptance of the Customer's offer at the moment the Customer initiates the payment transaction by clicking the button completing the order process. The acceptance period shall commence on the day following the submission of the Customer's offer and shall expire at the end of the fifth day following submission of the offer.
3.5. When an offer is submitted via the O+ GmbH online order form, the contract text shall be stored by O+ GmbH and sent to the Customer in text form (e.g. by e-mail, fax or post), together with these GTC, after the order has been submitted. In addition, the contract text shall be archived on the O+ GmbH website and may be accessed free of charge by the Customer via their password-protected customer account using their login credentials, provided that the Customer created a customer account before submitting the order.
3.6. Before submitting a binding order via the O+ GmbH online order form, the Customer may continuously correct their entries using the standard keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the order is finally submitted and may also be corrected there using the standard editing functions.
3.7. The contract shall be concluded exclusively in the German language.
3.8. Order processing and communication generally take place by e-mail and through automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct and capable of receiving e-mails sent by O+ GmbH. In particular, if spam filters are used, the Customer must ensure that all e-mails sent by O+ GmbH or by third parties commissioned by O+ GmbH for order processing can be delivered.
4. Consumer's Right of Withdrawal for Distance and Off-Premises Contracts
4.1. Consumers residing within the European Union shall have a right of withdrawal from contracts where:
a. the contract is concluded with the simultaneous physical presence of the Entrepreneur (O+ GmbH) and the Consumer at a location other than the Entrepreneur's business premises;
b. the Consumer has made an offer under the circumstances referred to in Section 4.1.a;
c. the contract is concluded on the Entrepreneur's business premises or by means of distance communication immediately after the Consumer has been personally and individually approached by the Entrepreneur or its authorised representative, while both parties were simultaneously physically present at a location other than the Entrepreneur's business premises;
d. the contract is concluded during an excursion organised by the Entrepreneur or its authorised representative with the intention or effect of promoting or selling goods or services to Consumers and concluding contracts with them;
e. the contract is concluded between an Entrepreneur and a Consumer without the simultaneous physical presence of both parties, within the framework of an organised distance selling or service provision system, whereby only means of distance communication are used until and including the conclusion of the contract;
f. the Consumer has not submitted their contractual declaration either on premises permanently used by the Entrepreneur for business purposes or at a trade fair or market stand operated by the Entrepreneur, or where the Entrepreneur or a third party acting in cooperation with the Entrepreneur has brought the Consumer to the Entrepreneur's business premises through a promotional trip, excursion, similar event, or by personally approaching the Consumer in a public place, provided that the contract does not fall within Sections 4.1.a to 4.1.e.
4.2. The right of withdrawal under Section 4.1.f shall not apply where:
a. the Consumer initiated the business relationship with the Entrepreneur or its authorised representative for the purpose of concluding the contract;
b. the conclusion of the contract was not preceded by any discussions between the parties or their authorised representatives; or
c. in the case of contracts where both parties' obligations are to be performed immediately, where such contracts are customarily concluded outside the Entrepreneur's business premises and the agreed remuneration does not exceed EUR 25.00, or where the Entrepreneur, by the nature of its business, does not operate from permanent business premises and the remuneration does not exceed EUR 50.00;
d. the Consumer submitted the contractual declaration in the physical absence of the Entrepreneur, unless the Consumer was induced or pressured by the Entrepreneur to do so.
4.3. The Consumer shall not have a right of withdrawal from distance or off-premises contracts for the provision of services where O+ GmbH has commenced performance of the service before expiry of the withdrawal period at the Consumer's express request, and the Consumer has:
a. confirmed, prior to the commencement of the service, that they acknowledge losing their right of withdrawal once the contract has been fully performed; or
b. expressly requested the Entrepreneur to visit them in order to carry out repair work.
4.4. The Consumer shall also have no right of withdrawal for contracts concluded off-premises (Sections 4.1.a–4.1.d) where the amount payable by the Consumer does not exceed EUR 50.00, or for goods manufactured according to the Consumer's specifications or clearly tailored to the Consumer's personal requirements (custom-made products).
4.5. Further exceptions and detailed information regarding the right of withdrawal are set out in our Withdrawal Policy.
5. Prices and Payment Terms
5.1. All prices are subject to adjustment in accordance with the Seller's current price list valid at the time the order is placed. Unless expressly agreed otherwise, all prices are to be understood as non-binding and shall not be deemed fixed prices.
5.2. The Customer shall pay reasonable remuneration for any services requested by the Customer that are not covered by the original order, unless otherwise agreed.
5.3. Unless otherwise stated, all prices are exclusive of the applicable statutory value-added tax (VAT) and are quoted ex warehouse. Packaging, transport, loading, shipping, customs duties and insurance costs shall be borne by Business Customers. Such costs shall only be charged to Consumers where expressly agreed on an individual contractual basis.
5.4. Unless otherwise agreed, all goods shall be deemed to have been ordered without installation and without ski binding adjustment. If installation has been commissioned, it shall be charged in accordance with the current O+ GmbH price list, unless otherwise agreed.
It is agreed that the adjustment of ski bindings must, as a rule, be commissioned by the purchaser at their own expense. O+ GmbH expressly points out that such adjustment must be carried out by a certified specialist retailer. An overview of certified specialist retailers is available at www.tyrolia.com.
5.5. Various payment methods are available for distance selling orders. These are displayed in our online shop.
5.6. Where payment in advance has been agreed for purchases made through the online shop, payment shall become due immediately upon conclusion of the contract.
5.7. If PayPal is selected as the payment method, payment shall be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, in accordance with the applicable PayPal User Agreement, available at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
5.8. We offer payment options in cooperation with Klarna Bank AB (publ). If you choose Klarna as your payment method during checkout, the payment agreement is concluded directly between you and Klarna, subject to Klarna's applicable terms and conditions.
O+ GmbH acts solely as an intermediary and is not a party to the financing agreement. Klarna may carry out creditworthiness assessments and eligibility checks. Further information is available from Klarna Customer Service.
5.9. Where the payment method Purchase on Invoice has been selected, the purchase price shall become due once the goods have been delivered and invoiced. Unless otherwise agreed, payment must be made within fourteen (14) days of receipt of the invoice without deduction.
O+ GmbH reserves the right to offer purchase on invoice only up to a specified order value and to refuse this payment method where that value is exceeded. In such cases, the Customer will be informed of the relevant payment restriction during the online checkout process.
5.10. In the event of late payment by a Business Customer, O+ GmbH shall be entitled, pursuant to Section 456 of the Austrian Commercial Code (UGB), to charge default interest at a rate of 9.2 percentage points above the applicable base interest rate.
In the case of Consumers, default interest shall amount to 4% per annum.
The right to claim further damages resulting from default shall remain unaffected. In relation to Consumers, however, such claims shall only apply where individually agreed.
5.11. In the event of culpable default in payment, the Customer shall reimburse reminder charges of EUR 15.00 per reminder, provided such charges are proportionate to the outstanding claim.
Where O+ GmbH engages a debt collection agency or any other third party to recover outstanding amounts, or initiates legal proceedings to recover such amounts or enforce any rights arising under the contract—including the enforcement of any security provided by the Customer—the Customer shall reimburse O+ GmbH for all necessary and reasonable costs incurred in connection therewith, including, but not limited to, collection agency fees, third-party costs and legal fees.
5.12. If payment deadlines are exceeded, any discounts, rebates or other price reductions previously granted shall automatically lapse and shall be added back to the invoice amount.
5.13. If a Business Customer is in default of payment under any other contractual relationship with O+ GmbH, O+ GmbH shall be entitled to suspend performance of its obligations under the present contract until the Customer has fulfilled its outstanding obligations.
Furthermore, O+ GmbH shall be entitled to declare immediately due all claims arising from the ongoing business relationship for services already rendered.
With respect to Consumers, this shall apply only where the outstanding payment has been overdue for at least six weeks, and O+ GmbH has unsuccessfully reminded the Consumer of the outstanding payment while granting an additional period of at least two weeks and notifying the Consumer of these consequences.
5.14. The Customer may only offset claims where the counterclaim has been established by a final court decision or expressly acknowledged in writing by O+ GmbH.
Consumers shall additionally be entitled to offset claims where such claims are legally connected with their payment obligation or where O+ GmbH has become insolvent.
5.15. The Customer shall not be entitled to assign any claims or rights arising from the contractual relationship without the prior written consent of O+ GmbH.
6. Performance of Services
6.1. O+ GmbH shall only be obliged to consider subsequent requests by the Customer for modifications or extensions if such modifications are technically necessary to achieve the contractual purpose.
6.2. Minor changes to the agreed performance that are objectively justified and reasonable for the Business Customer shall be deemed approved in advance.
6.3. If, after the order has been placed, the scope of the order is modified or extended for any reason whatsoever, the agreed delivery and/or performance period shall be extended by an appropriate period of time.
6.4. If the Customer requests performance within a shorter period than originally agreed after the contract has been concluded, this shall constitute a contractual amendment. Such amendment may require overtime work and/or accelerated procurement of materials, resulting in additional costs. In such cases, the agreed remuneration shall be increased accordingly in proportion to the additional effort required.
7. Delivery and Shipping Conditions
7.1. Goods shall be delivered to the delivery address specified by the Customer, unless otherwise agreed. During order processing, the delivery address provided by the Customer shall be decisive. However, if the payment method PayPal is selected, the delivery address stored with PayPal at the time of payment shall prevail.
7.2. If the transport company returns the goods to O+ GmbH because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply where the Customer has validly exercised their right of withdrawal, where the Customer is not responsible for the failed delivery, or where the Customer was only temporarily prevented from accepting delivery, unless O+ GmbH had notified the Customer of the delivery within a reasonable period beforehand.
7.3. Where the Customer is an Entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as O+ GmbH has handed the goods over to the carrier, freight forwarder or any other person or organisation designated to carry out the shipment.
For Consumers, the transfer of risk upon shipment shall be governed by Section 7b of the Austrian Consumer Protection Act (KSchG).
7.4. Where collection by the Customer has been agreed, O+ GmbH shall notify the Customer by e-mail as soon as the ordered goods are ready for collection. Upon receipt of this notification, the Customer may collect the goods from the registered office of O+ GmbH by prior arrangement. In this case, no shipping costs shall be charged.
7.5. Delivery periods and delivery dates shall be extended by the duration of any event of Force Majeure, strikes, unforeseeable delays caused by suppliers through no fault of O+ GmbH, or any comparable event beyond the reasonable control of O+ GmbH.
7.6. Delivery dates and completion dates shall only be binding for Business Customers where they have been expressly confirmed in writing.
7.7. If O+ GmbH is in default with the performance of the contract, the Customer shall only be entitled to withdraw from the contract after granting O+ GmbH a reasonable grace period for performance.
The grace period must be granted in writing (by registered mail in the case of Business Customers) and must expressly state that the Customer intends to withdraw from the contract if performance is not completed within that period.
8. Default of Acceptance
8.1. If the Customer is in default of accepting delivery, O+ GmbH shall be entitled, while insisting on performance of the contract, to store the goods at the Customer's expense. In such case, O+ GmbH shall be entitled to charge a storage fee of EUR 10.00 per day, together with any additional expenses incurred (for example, wasted transport costs), without prejudice to the Customer's obligation to pay the purchase price and accept delivery.
8.2. Without prejudice to any other rights available to O+ GmbH, O+ GmbH may sell goods intended for a Business Customer at the best reasonably obtainable price. After deduction of storage costs, insurance costs and any other expenses arising from the Customer's default of acceptance, O+ GmbH shall either pay the remaining proceeds to the Customer or invoice the Customer for any shortfall between the resale proceeds and the agreed purchase price.
8.3. This shall not affect O+ GmbH's right to declare payment for services already rendered immediately due, to withdraw from the contract after granting a reasonable grace period, and to dispose of the goods elsewhere.
8.4. Where O+ GmbH validly withdraws from the contract, it shall be entitled to claim liquidated damages from a Business Customer without proof of actual loss:
- 50% of the order value plus VAT for standard catalogue products; or
- 100% of the order value plus VAT for goods manufactured specifically to the Customer's specifications.
The obligation of a Business Customer to pay such damages shall apply regardless of fault.
8.5. O+ GmbH reserves the right to claim damages exceeding the above lump-sum amounts where it can prove a higher actual loss.
In relation to Consumers, this right shall apply only where individually agreed.
9. Retention of Title
9.1. In relation to Consumers, O+ GmbH shall retain title to the delivered goods until the purchase price has been paid in full.
9.2. In relation to Entrepreneurs, O+ GmbH shall retain title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full. The Entrepreneur expressly and irrevocably acknowledges that all goods supplied by O+ GmbH shall remain the property of O+ GmbH until full payment has been received.
9.3. Resale of the goods shall only be permitted if O+ GmbH has been notified in advance of the name (or company name) and full business address of the purchaser and has expressly consented to the resale. Upon such consent being granted, the Customer's claim for payment against the third-party purchaser shall be deemed assigned to O+ GmbH, and O+ GmbH shall be entitled at any time to notify the third-party debtor of this assignment.
9.4. The Customer expressly agrees that O+ GmbH may enter the premises where the goods subject to the retention of title are located for the purpose of enforcing its ownership rights.
9.5. The Customer shall bear all necessary and reasonable costs incurred in the enforcement of O+ GmbH's rights.
9.6. The enforcement of the retention of title shall only constitute withdrawal from the contract if O+ GmbH expressly declares such withdrawal.
9.7. Goods repossessed under the retention of title may be sold by O+ GmbH on the open market and under the best commercially reasonable conditions in relation to Business Customers.
9.8. Until all claims of O+ GmbH have been paid in full, the goods supplied may not be pledged, assigned by way of security, or otherwise encumbered with third-party rights. In the event of attachment, seizure or any other third-party claim, the Customer shall immediately notify the third party of O+ GmbH's ownership rights and inform O+ GmbH without undue delay.
9.9. Furthermore, the Customer shall immediately notify O+ GmbH prior to the commencement of insolvency proceedings concerning the Customer's assets or in the event that the goods subject to the retention of title are seized.
10. Special Conditions for the Processing of Goods According to Customer Specifications
10.1. Where, under the terms of the contract, O+ GmbH is obliged not only to supply goods but also to manufacture or process them according to the Customer's specifications, the Customer shall provide O+ GmbH with all content required for such processing, including texts, images and graphics, in the file formats, layouts and image specifications requested by O+ GmbH, and shall grant O+ GmbH the necessary rights of use.
The Customer shall be solely responsible for obtaining such content and acquiring all necessary rights. The Customer represents and warrants that it is entitled to use all content provided to O+ GmbH and shall ensure, in particular, that no third-party rights are infringed, including copyrights, trademark rights and personal rights.
10.2. Where O+ GmbH is responsible not only for supplying the goods but also for designing, planning or developing them, all plans, drawings and similar documents, as well as the manufactured goods themselves, shall be protected under copyright law and all applicable industrial property laws.
Any use, exploitation, modification, reproduction or imitation of such plans, drawings or goods without the prior consent of O+ GmbH is prohibited, irrespective of the provisions of copyright law.
11. Third-Party Intellectual Property Rights
11.1. If the Customer provides intellectual property, documents or other materials and third parties assert rights in relation to such materials, O+ GmbH shall be entitled to suspend production of the goods at the Customer's risk until the third-party claims have been clarified, unless such claims are manifestly unfounded.
O+ GmbH shall furthermore be entitled to reimbursement of all necessary and reasonable costs incurred.
11.2. The Customer shall fully indemnify and hold O+ GmbH harmless against any claims arising in this connection.
11.3. O+ GmbH shall be entitled to request reasonable advances on legal costs from Business Customers in connection with any legal proceedings.
11.4. Where O+ GmbH manufactures goods on the basis of drawings, construction data, models, specifications or other documentation supplied by the Customer, the Customer alone shall warrant that the manufacture of such goods does not infringe any third-party intellectual property rights.
11.5. Should third-party rights nevertheless be asserted, O+ GmbH shall be entitled to suspend manufacture of the goods at the Customer's risk until the legal situation has been clarified, unless the claims are manifestly unfounded.
O+ GmbH shall also be entitled to reimbursement of all necessary and reasonable expenses incurred.
11.6. If third-party claims are asserted against O+ GmbH, the Customer shall immediately provide O+ GmbH with all information necessary for assessing the claims and conducting an appropriate legal defence. Such information shall be complete, accurate and provided without undue delay.
12. Statutory Warranty
12.1. Where defects are present, the provisions of the applicable statutory warranty law shall apply. Notwithstanding the foregoing, the following shall apply to Business Customers:
a. Minor defects shall not give rise to any statutory warranty claims.
b. Where goods are manufactured on the basis of specifications, drawings, plans, models or other information provided by the Customer, O+ GmbH shall only warrant that the goods have been manufactured in accordance with those specifications.
c. The Business Customer shall bear the burden of proving that the defect already existed at the time of delivery.
d. The delivered goods shall be inspected immediately upon receipt. Any apparent defects must be reported to O+ GmbH in writing without undue delay and no later than 14 days after delivery, specifying the nature and extent of the defect. The defective goods or work shall be made available to O+ GmbH for inspection.
e. Hidden defects must be reported immediately after they are discovered.
f. If a defect is not reported, or is not reported in due time, the goods shall be deemed accepted. In such case, all statutory warranty claims, claims for damages and claims for avoidance of the contract on the grounds of mistake arising from such defects shall be excluded.
g. If the Customer's complaint proves to be unjustified, the Customer shall reimburse O+ GmbH for all expenses reasonably incurred in determining that no defect exists or in investigating the reported defect.
h. Except where the law expressly grants the right to rescind the contract, O+ GmbH shall, at its own discretion, satisfy any statutory warranty claim by repair, replacement or an appropriate price reduction.
i. Any transport costs, travel expenses or comparable costs incurred in connection with the rectification of defects shall be borne by the Business Customer.
j. O+ GmbH shall be granted at least two attempts to remedy any defect.
k. The limitation period shall not recommence upon the delivery of replacement goods.
l. The statutory warranty period shall be one year from the date of delivery.
12.2. Where the Customer is a Consumer, they are requested to report any obvious transport damage directly to the carrier upon delivery and to notify O+ GmbH accordingly. Failure to do so shall not affect the Consumer's statutory or contractual warranty rights.
12.3. The Customer is advised that certain maintenance work may be required. In particular, ski bindings and standard wear components such as steel edges and ski bases should be inspected and, where necessary, serviced.
Unless expressly agreed otherwise, such maintenance does not form part of the contractual scope of services. Failure to carry out appropriate maintenance may impair the service life and functionality of the goods without giving rise to any statutory warranty claims against O+ GmbH.
12.4. The Customer expressly acknowledges that ski bindings are mounted exclusively in accordance with the generally accepted technical specifications of the respective binding manufacturer.
The individual adjustment of ski bindings to the skier's body weight, height, skiing ability, age, boot sole length or similar personal parameters is not carried out by O+ GmbH.
The Customer further acknowledges that ski sets supplied with pre-mounted bindings are not ready for use.
The Customer undertakes to have the necessary individual binding adjustment carried out by an authorized specialist retailer in accordance with the applicable industry standards—particularly, but not limited to, ISO 11088—and to ensure that such adjustment is regularly inspected and maintained.
12.5. Minor and reasonable deviations in dimensions, construction or workmanship shall remain reserved—regardless of the manner in which the contract was concluded—provided such deviations are inherent in the materials used and customary within the industry.
In particular, material-related variations shall be deemed objectively justified.
13. Liability
13.1. O+ GmbH shall only provide guarantees and accept liability to the extent required by mandatory statutory law.
In addition, the following shall apply in relation to Business Customers:
a. Any liability arising under contract, tort, statute or otherwise for slight negligence or ordinary gross negligence shall be excluded. This exclusion shall not apply to personal injury.
b. The Business Customer shall accept minor delays in delivery without being entitled to claim damages or withdraw from the contract.
c. O+ GmbH shall not be liable for property damage or financial loss of any kind, irrespective of the legal basis, including but not limited to delay, impossibility of performance, breach of contractual obligations, culpa in contrahendo, consequential damage arising from defects, defects themselves or unlawful acts, where such damage results from slight negligence on the part of O+ GmbH or persons for whom O+ GmbH is legally responsible.
d. Any legal proceedings against O+ GmbH relating to the goods or the contract must be commenced within one year from the date on which the Customer became aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim. Where statutory limitation periods cannot legally be modified, the applicable statutory limitation periods shall apply instead.
e. Any liability of O+ GmbH shall in all cases be limited to the maximum amount covered by any liability insurance maintained by O+ GmbH.
13.2. Except as expressly provided above or required by mandatory law, any further liability of O+ GmbH is excluded.
14. Force Majeure
14.1. O+ GmbH shall not be liable to Business Customers for any breach of contract, delay or damage of any kind where such breach, delay or damage results from circumstances beyond the reasonable control of O+ GmbH, irrespective of whether O+ GmbH acted negligently ("Force Majeure Event"), including, but not limited to:
a. delayed issuance, refusal or revocation of any licence required for the goods, regardless of its nature;
b. acts, restrictions, regulations, ordinances, prohibitions or measures of any governmental, parliamentary or local authority;
c. strikes, lockouts or any other industrial action or labour disputes, whether involving employees of O+ GmbH or third parties;
d. difficulties or delays in obtaining raw materials, labour, fuel, energy, spare parts or machinery; or
e. force majeure events, including, without limitation, war, terrorism, riots, civil unrest, cyberattacks and their consequences, malicious damage, failure of facilities or machinery, natural disasters, exceptionally adverse weather conditions, disruption by suppliers or subcontractors, fire, epidemics, pandemics, quarantine restrictions, or dangers at sea.
14.2. O+ GmbH shall be entitled, without incurring any liability towards the Business Customer, to suspend or terminate the performance of its contractual obligations, in whole or in part, where circumstances beyond its reasonable control result in:
a. a material impairment of O+ GmbH's ability to manufacture, supply, procure or obtain the materials necessary for the production of the goods by means ordinarily available to it, irrespective of whether O+ GmbH acted negligently; or
b. a substantial collapse of the market for, or demand for, the goods, such that continued performance of the contract would no longer be commercially reasonable.
14.3. In the event of a Force Majeure Event as described in Sections 14.1 or 14.2, O+ GmbH shall notify the Business Customer in writing of the existence of such circumstances, the nature of the event and its expected duration.
O+ GmbH shall furthermore be entitled to terminate the contract, in whole or in part, without incurring any liability, where a Force Majeure Event or any of the circumstances described in Section 14.2 occurs.
15. Final Provisions
15.1. The place of performance for all contractual relationships between O+ GmbH and the Customer shall be the registered office of O+ GmbH in Bergheim, Austria.
15.2. All contracts concluded with O+ GmbH shall be governed exclusively by the laws of the Republic of Austria, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15.3. The court having subject-matter jurisdiction at the registered office of O+ GmbH shall have exclusive jurisdiction over all disputes arising out of or in connection with the contractual relationship.
15.4. Any agreements, subsequent amendments, supplements, side agreements or similar arrangements shall only be valid if made in writing.
15.5. Should any provision of these General Terms and Conditions be or become invalid, unenforceable or ineffective, the validity of the remaining provisions shall remain unaffected.
In such event, the contracting parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the economic purpose of the original provision.
