General Business Terms and Conditions for TÜCHLER
General Terms and Conditions of the TÜCHLER Companies
valid from 26 May 2026
1. Scope and definitions
(a) These General Terms and Conditions (hereinafter "GTC"), in the version valid at the time of the order or commissioning, apply to the business relationships between Tüchler Bühnen- und Textiltechnik GmbH, an affiliated company or any other TÜCHLER company named in the relevant webshop, legal notice/imprint, offer, order confirmation or invoice (hereinafter "TÜCHLER") and the Customer.
(b) Depending on the context, "Customer" within the meaning of these GTC means interested parties, purchasers, clients, ordering parties, consumers and traders.
(c) These GTC apply irrespective of the webshop, website, domain, subdomain, online platform or other electronic ordering channel of TÜCHLER through which the contract is initiated or concluded, provided that TÜCHLER is named in the relevant legal notice/imprint, offer, order confirmation or invoice.
(d) These GTC also apply to contracts concluded outside a webshop, in particular on the basis of offers, order confirmations, orders placed by e-mail, telephone, in writing or orally.
(e) Deviating, conflicting or supplementary terms and conditions of the Customer shall not be recognised unless TÜCHLER expressly agrees to their application in writing. This also applies where TÜCHLER performs a delivery or service without reservation while being aware of such terms and conditions.
(f) The Customer is a consumer where the Customer concludes the contract for purposes that cannot be attributed either to the Customer's commercial activity or to the Customer's self-employed professional activity. The Customer is a trader where the Customer, as a natural or legal person or a partnership with legal capacity, acts, when concluding the contract, in the exercise of the Customer's commercial or self-employed professional activity.
(g) Legal persons, associations, bodies, public institutions, schools, educational institutions, organisations, businesses and other institutions shall not be deemed consumers when placing orders in the context of their association, organisational, business, event, school, educational, project, procurement or other permanently organised activity.
2. Nature of the deliveries and services offered
(a) TÜCHLER offers deliveries and services for use in the event sector and for professional users. Unless expressly stated otherwise, all information or statements made on websites, in sales documents, offers, order confirmations, delivery notes, invoices or elsewhere relate to use in the event sector.
(b) The event sector ranges from event organisers, municipal and school stages to event and multi-purpose halls and on to large-scale events, TV, film, theatre and opera, in each case including their permanent installations, event facilities and event decorations. The resulting different requirements, especially in conjunction with the fact that events are often intended to create special, individual or unique effects but frequently take place only for a limited period of time, have over the decades led to the development of industry-specific particularities. These include, for example, project-specific bespoke solutions, prototypes developed exclusively for one-off or short-term use, the event-typical use of industrial products outside classic series-production or permanent-use applications, and applications that would not be customary, or would be customary only to a limited extent, by the standards of other industries. They also include goods, devices, textiles, films, surfaces and textures specially developed for event use, whose properties, characteristics, workmanship or appearance are to be assessed by reference to the requirements of the event sector and not by the standards of other fields of application, in particular residential, hotel, contract, architectural or industrial series-production sectors. Lower requirements regarding surface condition, surface quality, visual uniformity, durability or detailed workmanship are also customary in the industry, insofar as these are not material for the intended event use. A further particularity is that, for many goods, services, applications and executions in the event sector, there are no nationally or internationally binding standards or generally recognised standards.
(c) Unless expressly agreed otherwise in writing, TÜCHLER therefore performs deliveries and services and manufactures goods according to the criteria and standards customary in the event industry. A delivery, service or execution shall in any event be deemed customary in the industry if TÜCHLER or an affiliated company has already provided a comparable delivery, service or execution in Austria, Germany or another country in a similar type of application or use and it has been used there without justified notice of defects. The decisive factor is not whether the delivery, service or execution complies with the requirements of other industries, fields of application or standardisation systems, but whether it is suitable for the agreed use in the event sector, or for the use in the event sector that is recognisable from the circumstances, and is justifiable according to the standards customary there.
(d) Standards, norms, guidelines, test methods, technical rules or expert opinions, in particular DIN, ÖNORM, EN or other national or international standards and norms, shall establish contractually owed characteristics or a standard for assessing defects only if they have been expressly agreed in writing in the individual case, are mandatorily applicable by law, or are expressly declared in these GTC to form part of the contract. The mere use of such standards, norms, guidelines, test methods or expert opinions for information, comparison, testing or assessment purposes shall not result in their requirements being deemed agreed characteristics. Notices of defects, complaints or claims may therefore not be based solely on the fact that a delivery, service or execution deviates from such standards, norms, guidelines, test methods or expert opinions that were not expressly agreed or are not mandatorily applicable.
3. Permitted deviations and tolerances
(a) TÜCHLER endeavours to comply with the contractually agreed quantities, dimensions and executions. However, deviations cannot always be avoided for technical, production-related, material-related or industry-customary reasons. Deviations customary in the trade, customary in production or typical of the material shall therefore be deemed to be in conformity with the contract, provided that they do not materially impair use in the agreed field of application or in the field of application normally assumed.
(b) In the case of products of the textile industry, goods sold by the metre, films, dance and floor coverings and similar sheet materials, standard piece lengths, roll lengths, widths, colours, surfaces, technical values and other properties may deviate for production-related or material-related reasons. Over-deliveries or under-deliveries of up to 15% shall be deemed agreed. The quantity actually delivered shall be invoiced, provided that the deviation does not exceed 15%. In the case of special dyeings, special productions or customer-specific volume orders, this applies to the total volume to the same extent.
(c) In particular, the following permitted deviations and tolerances apply to textiles, films, dance and floor coverings and similar sheet materials:
- Skew distortion: +/- 1.5% of the fabric width
- Length deviation: +/- 3%
- Shrinkage deviation: +/- 3%
- Dimensional deviations for fabricated textiles, films, dance and floor coverings and similar sheet materials: +/- 1.5%
(d) Further deviations customary in the trade, customary in production or typical of the material, in particular with regard to colour, structure, surface, tension, flatness, roll winding, cut appearance, edge line, creases, pressure marks, winding marks or processing marks, remain reserved.
(e) Cut lengths of goods sold by the metre, films, dance and floor coverings, textiles and similar sheet materials are not precision cuts. Ordering a cut length means exclusively that a piece of at least the ordered length will be delivered. In order to avoid falling short of the ordered minimum length, cut lengths may be delivered with an excess dimension customary in the industry. The general permitted deviations and tolerances of these GTC shall also remain decisive for cut lengths.
(f) Precise custom dimensions, exact cuts or cuts with special requirements regarding dimensional accuracy, edge line, cut appearance, angular accuracy, further processing or installation dimensions shall be performed exclusively on the basis of a separate offer as fabrication, special processing or custom-made production.
(g) In the case of profiles, curtain tracks, curtain profiles, rail systems, tubes and comparable bar stock, standard cuts likewise do not qualify as precision cuts. Here too, ordering a cut means exclusively that a piece of at least the ordered length will be delivered. To avoid underlengths, such cuts may be delivered with an excess dimension customary in the industry. Precise cuts, exact installation dimensions, mitre cuts, special drilling, special processing or other dimensionally accurate processing shall be performed exclusively on the basis of a separate offer relating to fabrication or processing.
(h) Where special technical data sheets, product information, application and warning notices, offers or order confirmations for individual goods contain deviating or supplementary tolerances, these shall take precedence over the general tolerances in this Clause.
(i) In addition, where applicable, the Standard Terms of the German Textile Industry (Einheitsbedingungen der Deutschen Textilindustrie) shall apply in the version valid from time to time.
4. Contract conclusion
4.1 Contract conclusion via the webshop
4.1.1 Provider identification
(a) The relevant provider identification, including company name, address, contact details, register details, VAT identification number or tax number and competent supervisory authority, is set out in the legal notice/imprint of the relevant webshop or in the offer, order confirmation or invoice.
4.1.2 General provisions
(b) The Customer's contracting party is the TÜCHLER company expressly named as the contracting party in the relevant offer, webshop, legal notice/imprint, order confirmation or invoice. If no such express indication is given, the TÜCHLER company stated in Clause 4.3 shall be deemed the contracting party according to the Customer's registered office or habitual residence.
(c) The presentation of goods and services in the webshop is non-binding and does not constitute a binding offer by TÜCHLER.
(d) The Customer may select goods and services from the webshop range and place them in the shopping basket. Before submitting the order, the essential order data are presented to the Customer in summary form. The Customer may check and amend the Customer's details before submitting the order.
(e) By clicking the button "order with obligation to pay" or a button with equivalent wording, the Customer submits a binding offer to conclude a contract.
(f) The Customer may submit the order only if the Customer confirms the application of these GTC as well as the product information, application and warning notices, instructions on withdrawal and other notices incorporated in the order process.
(g) After receipt of the order, TÜCHLER sends the Customer an automatic acknowledgement of receipt by e-mail. This merely confirms receipt of the order and does not yet constitute acceptance of the offer.
(h) The contract is concluded only upon express acceptance of the order by TÜCHLER, by confirmation of dispatch, by provision for collection or by delivery of the goods.
(i) TÜCHLER is entitled to reject the Customer's offer within five working days without stating reasons.
(j) Cancellation by the Customer before conclusion of the contract is possible only if the goods or services are not yet in procurement, cutting, fabrication, production, processing, picking or preparation for dispatch and TÜCHLER agrees to the cancellation.
(k) Order data, GTC and the notices relevant to the contract are made available to the Customer electronically during the order process and are transmitted on a durable medium after conclusion of the contract, in particular by e-mail.
4.1.3 Contract conclusion with consumers
(a) If the Customer is a consumer, the legally required information is made available to the Customer in the webshop before the order is submitted.
(b) During the order process, the consumer has the opportunity to check and correct the consumer's details before submitting the order.
(c) Where a statutory right of withdrawal exists, the provisions of these GTC on the right of withdrawal and the instructions on withdrawal made available to the consumer shall apply.
4.1.4 Contract conclusion with traders, associations and organisations
(a) During the order process, the Customer must accurately state whether the Customer places the order as a consumer or not as a consumer. If the Customer orders as a trader, association, legal person, public-law corporation, public contracting authority, local or regional authority, school, educational institution, organisation, business or other institution, the provisions of these GTC intended for traders shall apply, unless mandatory law provides otherwise.
(b) TÜCHLER is entitled to request evidence of trader status, in particular company register number, VAT identification number, association data, authority details, school or institution details, invoicing data or other evidence of trader status or non-consumer status, and to suspend processing of the order or reject it until clarification is obtained.
(c) If the Customer provides incorrect or incomplete information on the Customer's status as consumer or trader, the Customer's identity, billing address, delivery address, VAT identification number or other contract-relevant data, the Customer shall bear the resulting disadvantages, costs and delays.
4.2 Contract conclusion outside the webshop
4.2.1 General provisions
(a) The Customer's contracting party is the TÜCHLER company named as the contracting party in the relevant offer, order confirmation, invoice or other contractual document. If no such express indication is given, the TÜCHLER company stated in Clause 4.3 shall be deemed the contracting party according to the Customer's registered office or habitual residence.
(b) Offers by TÜCHLER are non-binding unless they have been expressly designated in writing as binding.
(c) The contract is concluded when the Customer accepts TÜCHLER's offer in writing, by e-mail, through an electronic approval system or in another verifiable form, or when TÜCHLER accepts the Customer's order by order confirmation, delivery, provision for collection or commencement of performance of the service.
(d) If the offer or order confirmation contains dimensions, executions, colours, sketches, plans, bills of quantities, technical specifications, special productions, cuts, fabrications or other customer-specific details, the Customer must carefully check these before acceptance. After acceptance, these details are deemed approved by the Customer.
(e) TÜCHLER is entitled to withdraw offers and order confirmations if the Customer does not accept them within the specified acceptance period or, in the absence of such period, within 14 working days. All offers remain non-binding until accepted by the Customer.
4.2.2 Contract conclusion with consumers
(a) If the Customer is a consumer, the legally required information is provided to the Customer before the Customer submits the contractual declaration, unless it is already apparent directly from the circumstances.
(b) In the case of distance contracts or off-premises contracts, the statutory information obligations shall apply additionally and, where applicable, the provisions on the right of withdrawal as well as the instructions on withdrawal made available to the consumer shall apply.
(c) Before acceptance, the consumer must carefully check offers, order confirmations, dimensions, colours, executions, sketches, plans, product information, application and warning notices and other contractual documents. If the consumer approves or accepts an offer, the details contained therein shall be deemed the basis of the contract.
4.2.3 Contract conclusion with traders
(a) If the Customer is a trader, the contract is concluded at the latest upon written, electronic, oral or implied acceptance of the offer, upon approval of plans, dimensions, sketches, executions or other contractual documents, upon payment of an agreed down payment, or upon commencement of performance by TÜCHLER.
(b) Oral confirmations, telephone orders, approvals by e-mail, project approvals, plan approvals, dimension approvals and other approvals by the trader are binding. The trader shall bear the risks, costs and delays arising from incorrect, incomplete, late or subsequently changed information, dimensions, plans, approvals or other specifications of the trader.
(c) If the Customer orders as a trader, association, legal person, public-law corporation, public contracting authority, local or regional authority, school, educational institution, organisation, business or other institution, the provisions of these GTC intended for traders shall apply.
(d) TÜCHLER is entitled to request evidence of trader status, in particular company register number, VAT identification number, association data, authority details, school or institution details, invoicing data or other evidence of trader status, and to suspend or reject processing until clarification is obtained.
(e) If the trader provides incorrect or incomplete information on the trader's identity, trader status, billing address, delivery address, VAT identification number or other contract-relevant data, the trader shall bear the resulting disadvantages, costs and delays.
4.3 TÜCHLER companies
Unless another contracting party is expressly named in the individual case, the following overview applies to determine the contracting party:
|
Country |
TÜCHLER company |
|
Austria |
Tüchler Bühnen- und Textiltechnik GmbH |
|
Germany |
TÜCHLER Deutschland GmbH |
|
Poland |
Tuchler Polska Sp. z o.o. |
|
Czechia |
Tuchler jevištní & textilní technika spol. s r.o. |
5. Right of withdrawal, instructions on withdrawal and effects of withdrawal
5.1 General provisions
(a) These provisions apply only insofar as the Customer is entitled to a right of withdrawal or cancellation under mandatory statutory provisions.
(b) The permitted deviations and tolerances pursuant to Clause 3 of these GTC shall apply additionally to cut lengths, fabricated items, special processing, custom-made products and other customer-specific goods.
5.2 Right of withdrawal for consumers
(a) If the Customer is a consumer, the Customer has a statutory right of withdrawal or cancellation in the case of distance contracts and off-premises contracts, unless a statutory exception applies.
(b) There is no right of withdrawal or cancellation insofar as the goods are not prefabricated and their manufacture, cutting, fabrication, processing, finishing, special colour, special dimension or other execution is based on an individual choice or decision by the consumer, or the goods are clearly tailored to the consumer's personal needs. This applies in particular to goods sold by the metre, textiles, films, dance and floor coverings, curtain tracks, profiles, rail systems and comparable goods cut to customer dimensions, where the cutting, processing or manufacture is carried out according to customer specifications.
(c) This applies in particular to cut lengths of goods sold by the metre, textiles, films, dance and floor coverings, aluminium bar stock, curtain tracks, curtain profiles, rail systems and comparable goods where these have been cut, processed, fabricated, procured or manufactured to the Customer's order.
(d) Where a right of withdrawal or cancellation exists, the instructions on withdrawal made available to the consumer together with the model withdrawal form shall apply additionally.
5.3 No right of withdrawal for traders
(a) If the Customer is a trader, no statutory right of withdrawal or cancellation exists under consumer protection provisions.
(b) Returns, exchanges, cancellations or credit notes in favour of traders shall take place exclusively with the prior consent of TÜCHLER and in accordance with these GTC, in particular the provisions on return shipment, voluntary acceptance of returns and credit notes.
6. Prices, shipping costs and ancillary costs
(a) All prices stated in the webshop to consumers are inclusive of the applicable statutory VAT and exclusive of shipping costs, unless expressly stated otherwise.
(b) In relation to traders, unless expressly stated otherwise, prices are net prices plus statutory VAT, shipping, packaging, customs duties, import charges and other ancillary costs.
(c) The shipping costs to be borne by the Customer for delivery to the Customer are shown before the order is submitted in the webshop, in the offer or in the order confirmation, insofar as this is possible in advance according to the nature of the goods and the shipping method.
(d) In the case of bulky, heavy, long, roll-shaped goods or goods that can otherwise be delivered only by freight forwarder, special transport or a special shipping method, additional packaging, transport, long-goods, roll, notification, customs, import, toll, island, difficulty surcharge or other ancillary costs may be incurred.
(e) Obvious writing, calculation, printing or pricing errors do not create any entitlement to delivery or performance at the incorrect price.
7. Return shipment, voluntary acceptance of returns and credit note
7.1 Return shipment by consumers
(a) If the Customer is a consumer and exercises an existing statutory right of withdrawal, the consumer shall bear the direct costs of returning the goods.
(b) TÜCHLER may withhold reimbursement until TÜCHLER has received the goods back or until the consumer has supplied evidence that the consumer has sent back the goods.
(c) The consumer must return the goods properly and in a manner safe for transport. The consumer must compensate TÜCHLER for any loss in value of the goods to the extent that such loss in value is due to handling of the goods that is not necessary for checking their nature, characteristics and functioning.
(d) Reimbursement shall therefore be made only in the amount resulting after inspection of the returned goods and taking into account any loss in value.
(e) In the case of goods capable of parcel shipment, the return shipping costs shall depend on the return transport chosen by the consumer.
(f) In the case of goods that are not capable of parcel shipment, or that are bulky, heavy, long or can otherwise be returned only by freight forwarder, special transport or a special shipping method, the consumer shall bear the direct costs of returning the goods. Since these costs cannot always be calculated precisely in advance, the shipping costs for the original delivery stated in the webshop, in the offer or in the order confirmation shall serve as the calculation basis and guide for the expected minimum return costs. The actual return shipping costs may also be significantly higher due to collection, freight forwarding, long-goods, roll, packaging, notification or other transport conditions.
7.2 Return shipment and acceptance of returns by traders
(a) If the Customer is a trader, there is no entitlement to acceptance of returns, exchange, reimbursement or credit note unless expressly agreed otherwise or mandatory law provides otherwise.
(b) Returns by traders shall be accepted exclusively with the prior consent of TÜCHLER. Consent to accept a return is voluntary and does not create any entitlement to future returns.
(c) Return shipment is at the trader's cost and risk. The trader shall bear all costs of return shipment, collection, inspection, processing, repackaging, restocking and any other handling of the return.
(d) A credit note shall be issued exclusively after receipt and inspection of the returned goods by TÜCHLER and only if TÜCHLER recognises the goods as returnable and resaleable.
(e) TÜCHLER is entitled to charge reasonable processing, inspection, restocking, packaging and administrative costs. Unless otherwise agreed, this lump sum amounts to 30% of the value of the goods accepted for return.
(f) If the goods are damaged, soiled, incomplete, processed, cut, modified, not properly packaged, not clearly assignable or are not resaleable or only resaleable to a limited extent for any other reason, TÜCHLER is entitled to reduce the credit note accordingly or reject it in full.
(g) If the processing effort, inspection effort, restocking costs, packaging costs, loss in value or other damage exceed the lump sum pursuant to lit. (e), TÜCHLER remains entitled to charge the amount exceeding that lump sum.
8. Payment, due date and default
8.1 General provisions
(a) The payment methods available to the Customer are shown in the webshop, in the offer or in the order confirmation. TÜCHLER reserves the right to accept only certain payment methods in individual cases.
(b) Payment of the purchase price is due upon invoicing unless a different payment term is stated in the webshop, in the offer, in the order confirmation or on the invoice.
(c) In the case of payment by direct debit or comparable payment method, the Customer must reimburse TÜCHLER for those costs incurred as a result of a returned direct debit or failed payment for which the Customer is responsible.
(d) If a down payment is agreed, it must be paid in the agreed amount by the agreed date or, in the absence of any other agreement, within 3 working days after conclusion of the contract. Agreed delivery periods begin to run only upon receipt of the down payment by TÜCHLER. TÜCHLER shall commence customer-specific manufacture, production, cutting, fabrication or special procurement only after receipt of the agreed down payment.
(e) Late receipt of the down payment may lead to a postponement of the delivery period that exceeds the duration of the late payment. Costs and disadvantages arising from a late down payment for which the Customer is responsible shall be borne by the Customer. Agreed fixed dates shall apply only if TÜCHLER expressly confirms them again in writing despite the late down payment.
8.2 Payment and default by consumers
(a) If the Customer is a consumer, the Customer is in default of payment if the Customer does not pay within 30 days after the due date and receipt of the invoice.
(b) In the event of default, TÜCHLER is entitled to charge default interest at the legally permissible rate, currently 4% per annum.
(c) TÜCHLER is entitled to charge the consumer reasonable and appropriate reminder and collection costs insofar as these are necessary for appropriate legal pursuit of the claim and are proportionate to the claim pursued.
8.3 Due date of payment and default by traders
(a) If the Customer is a trader, the Customer is in default of payment if the Customer does not pay by the agreed payment date at the latest.
(b) If no payment date has been agreed, default occurs if the trader does not pay within 30 days after the due date and receipt of the invoice.
(c) In the event of default, TÜCHLER is entitled to charge default interest at the legally permissible rate, currently 9.0 percentage points above the applicable base rate.
(d) If the Customer is a trader, TÜCHLER is additionally entitled in the event of default to charge reasonable and appropriate reminder, debt collection, information, legal pursuit and enforcement costs.
9. Retention of title
9.1 General provisions
(a) The delivered goods remain the property of TÜCHLER until full payment of all amounts owed under the respective contract, including ancillary claims.
(b) The Customer must inform TÜCHLER without undue delay if third parties access goods subject to retention of title or if such access is threatened.
9.2 Retention of title for consumers
(a) If the Customer is a consumer, the consumer may neither resell, pledge, transfer by way of security nor otherwise dispose of the goods subject to retention of title before full payment.
9.3 Retention of title for traders
(a) If the Customer is a trader, resale of the goods subject to retention of title in the ordinary course of business is permitted.
(b) The trader hereby assigns to TÜCHLER the trader's claims arising from the resale of the goods subject to retention of title up to the amount of TÜCHLER's outstanding claims under the respective contract. TÜCHLER accepts this assignment.
(c) Until revocation, the trader remains entitled to collect the assigned claims in the trader's own name. TÜCHLER is entitled to revoke this collection authorisation if the trader is in default of payment to TÜCHLER, suspends payments, or insolvency proceedings are applied for or opened.
(d) Any processing, combining or mixing of the goods subject to retention of title by a trader is carried out for TÜCHLER. If this results in a new item, TÜCHLER acquires co-ownership in the ratio of the value of the goods subject to retention of title to the value of the new item at the time of processing, combining or mixing.
(e) The trader must inform TÜCHLER without undue delay if third parties access goods subject to retention of title, items produced from them, or claims assigned to TÜCHLER, or if such access is threatened.
10. Delivery and installation
10.1 General provisions
(a) TÜCHLER determines the appropriate shipping method and transport company at its reasonable discretion, unless expressly agreed otherwise.
(b) Partial deliveries are permitted insofar as they are reasonable for the Customer. Any additional shipping costs caused thereby shall be borne by TÜCHLER unless expressly agreed otherwise.
(c) Where delivery, mounting, laying or installation has been agreed, the Customer must create in good time all prerequisites necessary for proper performance of the service. These include, in particular, free vehicle access, suitable unloading facilities, accessibility of the mounting or laying location, sufficient working area, power supply, load-bearing substrates and timely notification of special local risks or restrictions.
(d) The delivery, mounting and laying personnel are neither obliged nor authorised to perform services that go beyond the agreed scope of services. Additional services require a separate agreement and may be charged separately.
(e) Unless expressly agreed otherwise, all mounting, laying and installation work is performed according to the safety and quality requirements customary in the event sector. Requirements going beyond this, in particular requirements of the residential, hotel, contract, project or architectural sectors regarding surfaces, evenness, dimensional accuracy, appearance, durability or quality of execution, must be expressly agreed before conclusion of the contract and confirmed by TÜCHLER.
10.2 Delivery and installation for consumers
(a) If the Customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the goods passes only upon handover of the goods to the consumer or to a third party designated by the consumer who is ready and willing to receive them.
(b) If the consumer commissions the carrier themselves without using a shipping method offered by TÜCHLER, the risk passes upon handover of the goods to the carrier.
(c) In the case of mounting, laying or installation services, the consumer must inform TÜCHLER before conclusion of the contract of any special requirements, local circumstances, risks, official requirements or intended uses outside the event sector known to the consumer.
(d) If waiting times, idle time, unsuccessful journeys or additional expenses arise for reasons for which the consumer is responsible, TÜCHLER is entitled to charge the reasonable costs incurred thereby, insofar as this is legally permissible.
10.3 Delivery and installation for traders
(a) If the Customer is a trader, the risk of accidental destruction, accidental damage or accidental loss of the goods passes to the trader as soon as TÜCHLER has handed over the goods to the transport company, freight forwarder, carrier or other person designated to carry out the dispatch.
(b) If handover or dispatch is delayed for reasons for which the trader is responsible, the risk passes to the trader already upon notification that the goods are ready for dispatch or collection.
(c) Waiting times, idle time, unsuccessful journeys, difficult access routes, missing unloading facilities, lack of cooperation, mounting or laying locations not prepared, and other additional expenses not attributable to TÜCHLER shall be charged to the trader at the applicable cost rates.
(d) The trader must inspect the delivered goods without undue delay after handover or delivery and report visible transport damage, shortages or obvious defects without undue delay in writing. Statutory or contractual duties to inspect and notify defects remain unaffected.
(e) If the trader, itself or through third parties, undertakes transport, unloading, storage, mounting, laying, further processing or installation, TÜCHLER shall not be liable for resulting damage, defects or functional impairments unless these are attributable to TÜCHLER.
11. Fixed dates, delivery periods and rights of rescission
11.1 General provisions
(a) Delivery dates and delivery periods are binding only if they have been expressly confirmed in writing by TÜCHLER. The mere notification by the Customer of a desired or required date does not establish a binding delivery date, a fixed date or a fixed-date transaction.
(b) A fixed date or fixed-date transaction exists only if TÜCHLER has expressly confirmed the date in writing as a "fixed date" or "fixed-date transaction". Mandatory statutory rights of consumers remain unaffected.
(c) Delivery periods begin only when all technical, commercial and organisational prerequisites necessary for performance are in place. These include, in particular, complete order data, approved plans, dimensions, colours, execution details, required down payments, customer approvals and clarification of outstanding technical or commercial questions.
(d) Delays attributable to missing, late, incomplete or incorrect information, approvals, down payments or acts of cooperation by the Customer shall extend delivery periods appropriately. Costs and disadvantages caused thereby shall be borne by the Customer insofar as the Customer is responsible for the delay.
(e) Events not attributable to TÜCHLER, in particular force majeure, operational disruptions, strikes, lockouts, transport delays, shortage of energy or raw materials, delivery delays by upstream suppliers, significant procurement difficulties, official measures or comparable circumstances, shall extend delivery periods appropriately. TÜCHLER will inform the Customer of such circumstances insofar as they are material for performance of the contract.
11.2 Fixed dates, delivery periods and rights of rescission for consumers
(a) If the Customer is a consumer, the Customer's statutory rights in the event of delayed delivery remain unaffected.
(b) If TÜCHLER is in default towards a consumer with a due delivery or service, the consumer may rescind the contract after setting a reasonable grace period.
(c) In the case of a fixed-date transaction existing under mandatory statutory provisions, the consumer may rescind the contract in the event of late delivery or performance without setting a grace period.
(d) Claims for damages by the consumer exist only in accordance with the statutory provisions and the liability provisions of these GTC.
11.3 Fixed dates, delivery periods and rights of rescission for traders
(a) If the Customer is a trader, delivery dates and delivery periods are binding only if they have been expressly confirmed in writing by TÜCHLER. Fixed dates and fixed-date transactions require express written confirmation by TÜCHLER using the designation "fixed date" or "fixed-date transaction".
(b) If a bindingly agreed delivery period is not complied with, the trader must set TÜCHLER a reasonable grace period of at least two weeks in writing. Only after the unsuccessful expiry of this grace period is the trader entitled to rescind the contract with respect to the affected delivery or service.
(c) In the case of partial deliveries or divisible services, rescission is permissible only with respect to the delayed or still outstanding part, insofar as the parts already performed are reasonable for the trader.
(d) Disruptions not attributable to TÜCHLER, in particular force majeure, disruptions at upstream suppliers, transport delays, significant procurement difficulties, shortage of raw materials or energy, official measures or other circumstances outside TÜCHLER's sphere of influence, shall extend agreed delivery periods appropriately and shall not give rise to compensation claims by the trader.
(e) TÜCHLER is entitled to rescind the contract if an upstream supplier with whom TÜCHLER has entered into a corresponding covering transaction fails to deliver, fails to deliver on time or fails to deliver properly for reasons not attributable to TÜCHLER, and TÜCHLER cannot procure the goods elsewhere or can do so only with disproportionate effort. TÜCHLER will inform the trader of this without undue delay and reimburse without undue delay any payments already made for the affected delivery.
(f) Claims for damages by the trader due to delayed delivery exist only insofar as TÜCHLER is responsible for the delay and in accordance with the liability provisions of these GTC.
12. Default in acceptance and collection
12.1 General provisions
(a) The Customer must accept the goods on the agreed delivery, collection or handover date, or on the date notified by TÜCHLER, and must perform all acts of cooperation required for this in good time.
(b) If the Customer is in default of acceptance, omits a required act of cooperation or if delivery, collection, handover, mounting, laying or installation is delayed for reasons for which the Customer is responsible, TÜCHLER is entitled to demand reimbursement of the costs and additional expenses incurred thereby.
(c) Reimbursable costs include, in particular, storage costs, handling costs, packaging costs, additional transport costs, return transport costs, renewed delivery costs, freight forwarding costs, waiting times, idle time, unsuccessful journeys, personnel expenses and other expenses caused by the default in acceptance or collection.
12.2 Default in acceptance by consumers
(a) If the Customer is a consumer, the statutory provisions apply in the event of default in acceptance.
(b) If collection has been agreed, the consumer must collect the goods within the agreed collection period. If no collection period has been agreed, collection must take place within 14 calendar days from notification that the goods are ready for collection.
(c) If the consumer does not collect the goods within the deadline or does not accept a properly offered delivery, TÜCHLER is entitled to request the consumer again to collect or accept the goods, setting a reasonable grace period.
(d) After the unsuccessful expiry of this grace period, TÜCHLER is entitled to store the goods at the consumer's cost and risk or to deliver the goods to the last delivery address notified by the consumer. The reasonable costs incurred thereby shall be borne by the consumer insofar as the consumer is responsible for the default in acceptance or collection.
(e) TÜCHLER is entitled to charge reasonable storage costs from the expiry of the grace period. The amount of the storage costs is determined according to the actual expense or the cost rates stated in the webshop, offer, order confirmation or price list.
(f) Further statutory rights of TÜCHLER remain unaffected.
12.3 Default in acceptance by traders
(a) If the Customer is a trader and does not accept the goods, omits a required act of cooperation, or if delivery, handover, collection, mounting, laying or installation is delayed for reasons for which the trader is responsible, the trader is in default of acceptance.
(b) If collection has been agreed, the trader must collect the goods within the agreed collection period. If no collection period has been agreed, collection must take place within 7 calendar days from notification that the goods are ready for collection.
(c) If the trader does not collect the goods within the deadline or if a delivery is not effected and is returned to TÜCHLER due to non-acceptance, lack of unloading facilities, incorrect delivery address, lack of availability or other reasons for which the trader is responsible, the trader shall bear all costs incurred thereby.
(d) TÜCHLER is entitled to store the goods at TÜCHLER or with a third party at the trader's cost and risk. For storage, TÜCHLER may charge reasonable storage costs from the occurrence of the default in acceptance or collection; the cost rates stated in the offer, in the order confirmation, in the price list or otherwise notified shall be decisive, alternatively the expense actually incurred.
(e) In addition, TÜCHLER is entitled to charge reasonable lump-sum compensation for additional expenses of 0.5% of the net order value per commenced calendar day, but no more than 15% of the net order value. TÜCHLER reserves the right to prove higher damage or higher additional expenses.
(f) After the unsuccessful expiry of a reasonable grace period set by TÜCHLER, TÜCHLER is entitled to store the goods elsewhere, return them, realise them or, where realisation is not possible or not economically reasonable, dispose of them, in each case at the trader's cost and risk. The trader remains obliged to pay the agreed remuneration as well as all costs incurred up to that time.
(g) Further statutory or contractual rights of TÜCHLER remain unaffected.
13. Statutory warranty for material defects / lack of conformity
13.1 General provisions
(a) Decisive for assessing the contractual conformity of the goods are the agreed characteristics, the offer, the order confirmation, the product description, technical data sheets, application and warning notices and the permitted deviations and tolerances regulated in these GTC.
(b) Unless expressly agreed otherwise, all deliveries and services by TÜCHLER are made for use in the event sector and according to the technical, visual and qualitative requirements customary there.
(c) Deviations customary in the trade, customary in production, typical of the material or customary in the industry do not constitute defects insofar as they are permitted under these GTC, the product information, technical data sheets, application and warning notices or other contractual documents.
(d) In particular, deviations, changes or impairments caused by normal wear and tear, improper storage, moisture, temperature or weather influences, unsuitable conditions of use, improper handling, non-intended use, non-observance of application and warning notices, processing, cutting, mounting, cleaning, impregnation, bonding, laying or other treatment by the Customer do not constitute defects.
(e) Unless expressly agreed in writing, TÜCHLER does not owe any suitability of the goods for special purposes outside the event sector, in particular not for the residential sector, hotel sector, contract sector, project sector or for special official, technical, visual, acoustic, fire protection or other requirements.
(f) Requirements arising from standards, norms or test methods that did not expressly become part of the contract and are not mandatorily applicable do not establish any further agreement on characteristics.
(g) Commercial guarantees exist only if they have been expressly designated by TÜCHLER as a guarantee in the offer, in the order confirmation or in another written declaration.
13.2 Statutory warranty for material defects / lack of conformity for consumers
(a) If the Customer is a consumer, the statutory warranty rights apply in accordance with the mandatory statutory provisions.
(b) The information and restrictions provided to the consumer before conclusion of the contract in the webshop, in the offer, in the order confirmation, in product information, technical data sheets, application and warning notices or in these GTC concerning the field of application, in particular use in the event sector, as well as concerning technical characteristics, standards, norms, appearance, surface condition, dimensional accuracy, tolerances, workmanship, storage, mounting, use and care, shall be deemed the contractual basis and shall determine the agreed characteristics of the goods.
(c) Unless expressly agreed otherwise, TÜCHLER does not owe any suitability of the goods for fields of application outside the event sector, in particular not for the residential sector, hotel sector, contract sector or project sector or for special official, technical, visual, acoustic, fire protection or other requirements.
(d) The consumer must observe the product information, technical data sheets, application and warning notices made available, as well as notices concerning field of application, tolerances, storage, processing, mounting, use and care. Damage, impairments or deviations attributable to non-observance thereof, non-intended use or unsuitable conditions of use do not give rise to warranty claims.
(e) Deviations customary in the trade, customary in production, typical of the material or customary in the industry, in particular the permitted deviations and tolerances regulated in these GTC, do not constitute a defect.
(f) Commercial guarantees exist only if they have been expressly designated by TÜCHLER as a guarantee in the offer, in the order confirmation or in another written declaration.
(g) Claims for damages by the consumer exist only in accordance with the statutory provisions and the liability provisions of these GTC.
13.3 Statutory warranty for material defects / lack of conformity for traders
(a) If the Customer is a trader, the warranty period for non-obvious defects is six months from handover of the goods, unless mandatory law provides otherwise.
(b) The trader must inspect the goods without undue delay after handover and in any event before processing, cutting, mounting, laying, bonding, impregnation, resale or any other use.
(c) Obvious defects, shortages, incorrect deliveries, transport damage or other recognisable deviations must be notified to TÜCHLER without undue delay in writing. Defects that become apparent later must likewise be notified in writing without undue delay after discovery.
(d) If the trader fails to inspect or notify in due time, the goods shall be deemed approved with regard to the relevant defect.
(e) No warranty is assumed for normal wear and tear, wear caused by use, wearing parts, or damage or impairments due to improper storage, use, processing, cleaning, mounting, laying, bonding, impregnation or other treatment by the Customer.
(f) In the event of a justified notice of defects raised in due time, TÜCHLER is entitled, at its own discretion, to effect improvement, replacement, subsequent delivery or a credit note.
(g) The trader must give TÜCHLER the time and opportunity required for inspection and remedy. If the goods are processed, used, resold or modified despite a recognisable or notified deviation without prior approval by TÜCHLER, warranty claims are excluded to that extent.
(h) The trader has a right of retention only with regard to that reasonable amount which is directly connected with the alleged defect and is necessary to secure any justified defect remedy.
14. Liability
14.1 General provisions
(a) TÜCHLER is liable for damage only insofar as such damage is attributable to TÜCHLER or to persons for whose conduct TÜCHLER is responsible.
(b) Liability under mandatory statutory provisions, in particular under the Product Liability Act, remains unaffected.
(c) Liability for personal injury likewise remains unaffected.
(d) Claims for damages due to alleged defects exist only in accordance with these liability provisions and the provisions on statutory warranty for material defects / lack of conformity.
(e) TÜCHLER is not liable for damage, defects, functional impairments or consequential damage attributable to incorrect, incomplete or late information from the Customer, dimensions, plans, drawings, samples, materials, fabrics, components, specifications, conditions of use or approvals provided by the Customer.
(f) TÜCHLER is not liable for damage, defects, functional impairments or consequential damage attributable to non-intended use, non-observance of product information, technical data sheets, application and warning notices, unsuitable conditions of use, improper storage, processing, mounting, laying, bonding, impregnation, cleaning or other treatment by the Customer.
14.2 Liability towards consumers
(a) If the Customer is a consumer, TÜCHLER is liable in accordance with the statutory provisions for personal injury and for damage caused intentionally or by gross negligence.
(b) In cases of slight negligence, TÜCHLER is liable towards consumers only insofar as an exclusion of liability is legally permissible; in any event, personal injury, mandatory warranty rights and mandatory consumer protection claims remain unaffected.
(c) There is no liability for damage attributable to circumstances pursuant to Clause 14.1(e) or (f), insofar as such damage is not attributable to TÜCHLER.
(d) Mandatory rights of the consumer remain unaffected.
14.3 Liability towards traders
(a) If the Customer is a trader, TÜCHLER is liable only for intent and gross negligence.
(b) Liability for slight negligence is excluded towards traders.
(c) Towards traders, liability for indirect damage, consequential damage, damage resulting from defects, loss of profit, production downtime, loss of use, business interruption, project delays, additional costs from substitute procurement, costs of substitute performance, contractual penalties, wasted expenses, expected but unrealised savings, pure financial loss and third-party claims is excluded, unless mandatory law provides otherwise.
(d) Towards traders, TÜCHLER is not liable for damage, defects, functional impairments or consequential damage attributable to circumstances pursuant to Clause 14.1(e) or (f).
(e) If the trader continues to process, mount, lay, bond, impregnate, clean, modify, use or resell the goods despite a recognisable or notified deviation, any liability of TÜCHLER for resulting damage, consequential damage or additional costs is excluded.
(f) To the extent that TÜCHLER is liable towards traders, liability shall be limited in amount to the net order value of the delivery or service from which the damage arose, unless mandatory law provides otherwise.
(g) Claims for damages by the trader become time-barred within six months from knowledge of the damage and the damaging party, and in any event within three years from handover of the goods or performance of the service, unless mandatory law provides otherwise.
(h) The trader must prove the existence of a defect, damage, the amount of damage and the causal connection between breach of duty and damage.
(i) The above limitations of liability also apply for the benefit of the legal representatives, employees, agents and vicarious agents of TÜCHLER.
15. Set-off
15.1 Set-off by consumers
(a) If the Customer is a consumer, the mandatory statutory provisions apply to set-off.
15.2 Set-off by traders
(a) If the Customer is a trader, set-off against claims of TÜCHLER is permitted only with counterclaims that have been acknowledged by TÜCHLER in writing or established by a final and binding court decision.
16. Information on data processing
TÜCHLER processes the Customer's personal data in accordance with the applicable data protection provisions, in particular for contract initiation, contract performance, payment, delivery and service processing, and for compliance with statutory obligations. Further information on data processing and on the rights of data subjects is set out in TÜCHLER's privacy policy in the version applicable from time to time.
17. Final provisions
17.1 General provisions
(a) The contract language is German unless expressly agreed otherwise.
(b) Amendments, supplements and collateral agreements require written confirmation by TÜCHLER unless mandatory law provides otherwise.
(c) Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
17.2 Final provisions for consumers
(a) If the Customer is a consumer, the statutory provisions shall apply in place of invalid provisions.
(b) A choice of law shall apply towards consumers only insofar as it does not deprive the consumer of mandatory consumer protection provisions of the state in which the consumer has the consumer's habitual residence.
(c) The statutory places of jurisdiction apply to actions against consumers.
(d) For Germany, the following applies: TÜCHLER is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
17.3 Final provisions for traders
(a) If the Customer is a trader and has the Customer's registered office in Austria or outside Germany, Poland and Czechia, Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
(b) If the Customer is a trader and has the Customer's registered office in Germany, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
(c) If the Customer is a trader and has the Customer's registered office in Poland, Polish law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
(d) If the Customer is a trader and has the Customer's registered office in Czechia, Czech law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
(e) The place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall, for traders, be Vienna if the contracting party is Tüchler Bühnen- und Textiltechnik GmbH; Recklinghausen if the contracting party is TÜCHLER Deutschland GmbH; Warsaw if the contracting party is Tuchler Polska Sp. z o.o.; and Brno if the contracting party is Tuchler jevištní & textilní technika spol. s r.o.
(f) TÜCHLER is entitled to sue the trader also at the trader's general place of jurisdiction.
(g) If a provision is invalid towards traders, the invalid, unenforceable or incomplete provision shall be replaced by that legally permissible provision which comes closest to the economic purpose of the original provision. The same applies to any gaps in the contract.
18. Application and warning notices
The following application and warning notices are an integral part of these GTC:
- General application and warning notices for projection films sold by the metre
- General application and warning notices for welded projection films
- General application and warning notices for flame-retardant cotton fabrics
- General application and warning notices for materials made of Trevira CS and polyester FR fibres
- Application and warning notices for flame-retardant treated polyester fabrics
- General application and warning notices for velvets
- General application and warning notices for the use, storage and laying of dance and floor coverings
- General application and warning notices for Pallas carpet tiles
- General application and warning notices regarding "sprinkler suitability"
- General application and warning notices on flame retardants and their application as well as flame-retardant treatments by TÜCHLER
- General application and warning notices for velvet improvement spray - VIS 2000
- General application and warning notices for adhesive tapes
- Application and warning notices for chain hoists and cable winches