Terms and Conditions

GENERAL TERMS AND CONDITIONS OF INTEGRA HANDEL GMBH (hereinafter referred to in the text as “Pickup Store FLIESEN&DEKOR”) FOR ORDERS BY ENTREPRENEURS AND CONSUMERS

Version: January 2026

§ 1 Scope of Application

(1) These General Terms and Conditions (GTC) apply to every contract concluded by Fliesen&Dekor; by submitting an offer or accepting an offer made by Fliesen&Dekor, the purchaser agrees to be bound by these terms.

(2) The GTC of Fliesen&Dekor apply exclusively; any conflicting or deviating terms and conditions of the purchaser are not recognized unless Fliesen&Dekor has expressly agreed to their validity in writing. These GTC apply even if Fliesen&Dekor, with knowledge of conflicting or deviating terms of the purchaser, provides services or delivers goods.

(3) These General Terms and Conditions are binding for the entire current and future business relationship with Fliesen&Dekor, even if they are not expressly referred to in individual cases.

(4) Consumers within the meaning of these GTC are natural persons who conclude a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity. All other customers are deemed to be entrepreneurs.

(5) For entrepreneurs, certain provisions of these GTC apply with extended legal consequences (e.g. limited warranty, liability, and notice obligations), to the extent permitted by law.

§ 2 Conclusion of Contract

(1) Offers, price lists, catalogues, product presentations in the online shop, in the pickup store, or in other advertising materials of Fliesen&Dekor are generally non-binding and subject to change. They do not constitute a legally binding offer, but merely an invitation to the customer to submit a binding offer to conclude a purchase contract. In particular, stated prices, delivery periods, and availabilities are non-binding.

(2) By placing an order—whether in the online shop, in the pickup store, or via Reserve & Collect—the customer submits a binding offer to conclude a purchase contract. The customer is bound by this offer for a reasonable period, but at least 8 days from receipt.

(3) The purchase contract is concluded only upon acceptance of the customer’s offer by Fliesen&Dekor, in particular by:

• written order confirmation,
• dispatch of the ordered goods, or
• making the goods available for pickup.

(4) An automated order confirmation (e.g., by email) does not constitute acceptance of the offer.

(5) If any written or oral declaration of intent or other statement issued by Fliesen&Dekor contains an error or mistake recognizable to a fair and reasonable recipient, Fliesen&Dekor is entitled at any time to correct such declaration informally. The declaration shall have legal effect in its corrected form.

(6) All information regarding dimensions, weights, images, colors, structures, descriptions, installation sketches, diagrams, drawings, or other representations is—unless expressly agreed otherwise in writing—non-binding. Samples serve solely as non-binding display samples.

(7) Fliesen&Dekor concludes contracts exclusively with:
a) natural persons with full legal capacity who have reached the age of 18, and
b) legal entities or entrepreneurs within the meaning of the applicable statutory provisions.

§ 3 Prices

(1) Unless expressly agreed otherwise, the prices stated by Fliesen&Dekor apply to the respective specified units of quantity. Price information in offers, price lists, the online shop, or other advertising materials is generally subject to change and non-binding.

(2) All prices are stated—unless expressly indicated otherwise—in euros including statutory value-added tax (VAT). Any delivery, transport, packaging, pallet, or other ancillary costs are not included in the prices and will be shown or charged separately.

(3) Confirmed prices apply exclusively to the acceptance of the total quantity for which the price was expressly confirmed to the customer. In the event of partial acceptance or deviations from the confirmed quantity, Fliesen&Dekorreserves the right to adjust the price accordingly.

(4) Sales prices offered in writing are based on the economic and calculation-related conditions existing at the time the offer is made in accordance with § 2 (Conclusion of Contract). Changes in costs—particularly for materials, energy, transport, third-party services, financing, or comparable cost factors—entitle Fliesen&Dekor to make a corresponding price adjustment, to the extent permitted by law.
In the case of consumer transactions, price adjustments are made exclusively within the scope of mandatory statutory provisions.

(5) Any special requests of the customer (e.g., special packaging, additional services, special delivery arrangements) are not included in the quoted prices and are to be paid separately by the customer.

(6) All ancillary costs arising in connection with the contract, unless expressly agreed otherwise, are generally borne by the customer.

§ 4 Payment Terms

(1) Unless expressly agreed otherwise in writing, the purchase price is due immediately and without deduction. Fliesen&Dekor generally does not grant payment terms, installment payments, or any other deferred payment arrangements.

Payment is made—depending on the payment method offered—by advance payment, bank transfer, credit card, instant bank transfer, or cash payment upon pickup at the store. Payment “on account” or “against delivery note” is permitted only if expressly agreed in writing.

(2) Payments are deemed made only upon receipt in the business account of Fliesen&Dekor. Fliesen&Dekor is entitled to credit incoming payments against the oldest outstanding receivable.

(3) If the customer, despite immediate due date, is in default of payment, Fliesen&Dekor is entitled to charge statutory default interest pursuant to § 1333 ABGB and to claim reimbursement of the dunning, collection, and legal enforcement costs necessary for appropriate legal action. These provisions also apply to consumers, to the extent permitted by law.

(4) If the customer fails to accept the goods as agreed (default of acceptance), Fliesen&Dekor is entitled to store the goods at the customer’s cost and risk and to charge storage fees in accordance with the applicable provisions of these GTC.

(5) In the event of a significant deterioration of the customer’s financial situation or justified doubts regarding the customer’s ability to pay, Fliesen&Dekor is entitled to perform deliveries only against advance payment or appropriate security.

(6) Set-off, retention rights, or the withholding of payments due to counterclaims not expressly acknowledged are excluded to the extent permitted by law.

§ 5 Delivery and Pickup

(1) Delivery dates and delivery periods are—unless expressly agreed in writing as binding—non-binding guideline values only. Delivery delays due to production, transport, or supply bottlenecks, as well as other circumstances beyond the control of Fliesen&Dekor, do not entitle the customer to claims for damages or withdrawal from the contract, unless mandatory statutory provisions provide otherwise.

(2) The sales prices do not include delivery or transport costs unless expressly agreed otherwise. Delivery costs are shown separately. No installation or assembly of the goods is provided. Transport insurance is not taken out unless expressly agreed.

(3) Unless otherwise agreed in writing, deliveries are made to the curbside. The customer is responsible for ensuring suitable access and unloading of the goods. If delivery is not possible for reasons attributable to the customer (e.g. lack of unloading facilities, inaccessible access, absence), the customer shall bear all resulting additional and return transport costs.

(4) In the case of delivery, the risk passes upon handover of the goods to the customer or to a person authorized by the customer to receive them. In the case of agreed pickup, the risk passes for entrepreneurs upon making the goods available for pickup, and for consumers only upon actual handover of the goods to the customer or to a person authorized by the customer to receive them.

(5) Fliesen&Dekor is entitled to have deliveries carried out in whole or in part by commissioned third parties or upstream suppliers.

§ 6 Acceptance Default

(1) Performance is deemed to have occurred as soon as the buyer has been notified that the goods are ready for shipment or pickup. For consumers, performance is deemed to have occurred only upon actual handover of the goods.

Unless otherwise agreed, the place of performance for delivery is the location from which the goods are dispatched or made available for pickup (pickup warehouse / dispatch warehouse of Fliesen&Dekor).

The place of performance for all obligations of the buyer is—to the extent legally permissible—the registered office of Fliesen&Dekor.

(2) Following notification of readiness for shipment or pickup pursuant to paragraph (1), the purchased goods must be collected or accepted without delay; if necessary, collection may also take place outside normal business hours by prior arrangement.

If the customer fails to collect or accept the goods within the agreed period or—if no period has been agreed—within 30 calendar days after full payment, the customer shall be in default of acceptance.

(3) From the commencement of default of acceptance, Fliesen&Dekor is entitled to store the goods at the customer’s cost and risk, either on its own premises or with a third party, and to charge a storage fee.

This storage fee shall be reasonable and cost-based, amounting to 0.5% of the value of the goods per calendar day, but at least EUR 10.00 per calendar day, in each case to the extent legally permissible.

(4) The goods shall be released for pickup or delivery only after full settlement of all outstanding claims, in particular any accrued storage, additional or handling costs.

(5) Fliesen&Dekor is entitled to grant the customer a reasonable grace period for pickup and, after its unsuccessful expiry, at its discretion

– to insist on performance of the contract, or
– to withdraw from the contract and otherwise dispose of the goods.

Any further statutory claims shall remain unaffected.

§ 7 Withdrawal from Contract, Returns & Exchanges

(1) If the customer is in default of acceptance or if another important reason exists, in particular default of payment, Fliesen&Dekor is entitled to withdraw from the contract in whole or in part. In the event of a withdrawal caused by the customer, Fliesen&Dekor is entitled, at its own discretion, to claim either
– liquidated damages amounting to 15% of the gross invoice amount, or
– compensation for the actual damage incurred.

(2) If the customer withdraws from the contract without a statutory or contractual right of withdrawal or requests its cancellation, Fliesen&Dekor is entitled, at its discretion, either to insist on performance of the contract or to agree to the cancellation of the contract. In the event of such agreement, the customer shall be obliged—at the discretion of Fliesen&Dekor—to pay either liquidated damages amounting to 15% of the gross invoice amount or the actual damage incurred.

(3) The provision on liquidated damages applies exclusively to entrepreneurs within the meaning of the Austrian Commercial Code (UGB).
For consumers within the meaning of the Austrian Consumer Protection Act (KSchG), the statutory provisions shall apply.
With respect to consumers, damages may be claimed only in the amount of the actual and proven damage, insofar as legally permissible.

(4) Without prejudice to statutory rights of withdrawal—in particular for distance selling contracts pursuant to the FAGG—the return or exchange of goods is possible solely as a gesture of goodwill and only under the following conditions:
– a maximum of 10% of the purchased goods,
– within 30 calendar days from the date of purchase,
– only at the branch where the purchase was made,
– upon presentation of the original invoice,
– goods must be unused, in original packaging, undamaged and resalable.

There is no legal entitlement to return or exchange goods.

(5) The following are excluded from return and exchange, in particular:
– tile adhesives, grouting materials, care and cleaning products,
– fastening and installation materials, sealants,
– opened or partially used containers,
– special, project-related or custom-ordered goods,
– cut-to-size items and custom-made products,
– goods expressly marked as non-returnable.

(6) For entrepreneurs (B2B), there is—unless expressly agreed otherwise in writing—no right of withdrawal, return or exchange.

§ 8 Reservation & Collection (Click & Collect)

(1) The selection of goods within the “Reserve & Collect” service is made exclusively via the Fliesen & Dekor website.

(2) Tiles are sold exclusively in full packages. The prices shown in the online shop are stated per square meter (m²); however, orders must always be placed by full packages.
Orders of partial packages or individual pieces are not possible.

(3) Reservation via the Online Shop
By entering their contact details and clicking the “Complete Reservation” button on the Fliesen & Dekor website, the customer submits a non-binding reservation request.
Upon receipt of the reservation request, Fliesen & Dekor checks the available quantity of the goods, confirms the actually available or collectable quantity to the customer, and sends a corresponding notification (by email or telephone) as well as—upon request—an invoice for payment.

(4) A purchase contract is concluded only upon full receipt of payment (100%) or upon payment at collection at the pick-up store.

(5) A reservation without payment is non-binding and valid for a maximum period of 48 hours. If no payment is received within this period, the reservation is automatically cancelled.
No purchase contract is concluded through a reservation without payment.

(6) A binding, fully paid reservation is held for a maximum period of 30 calendar days. Collection takes place at the pick-up store after confirmed reservation and full payment. If the goods are not collected within this period, the provisions on default of acceptance and storage pursuant to the relevant sections of these GTC shall apply.

(7) If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and the purchase contract is concluded via the Fliesen & Dekor website by way of distance selling, the provisions on the right of withdrawal pursuant to the FAGG shall apply additionally.

(8) Upon the customer’s request and after full receipt of payment, delivery can be arranged. Delivery costs are charged separately and do not constitute an ancillary service to the purchase contract.

§ 9 Right of Withdrawal for Distance Selling Contracts (Online Purchase)

(1) If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and the contract was concluded by way of distance selling pursuant to § 1 FAGG (e.g. online order), the customer has a statutory right of withdrawal of 14 days.

(2) The withdrawal period is 14 calendar days and begins:

– in the case of delivery of goods, on the day on which the customer or a third party designated by the customer (who is not the carrier) takes possession of the goods,

– in the case of partial deliveries or separate deliveries, on receipt of the last partial shipment,

– in the case of goods deposited after an unsuccessful delivery attempt, on the day on which the customer first had the opportunity to collect the goods,

– in the case of Click & Collect / collection, on the day on which the customer or a person authorized by the customer actually takes possession of the goods.

A mere reservation without payment does not give rise to a right of withdrawal, as no contract has been concluded.

(3) To exercise the right of withdrawal, the customer must inform Fliesen&Dekor of their decision to withdraw from the contract by means of a clear statement in text form (e.g. email). Use of the statutory withdrawal form is possible but not mandatory. Timely dispatch of the withdrawal declaration before expiry of the withdrawal period is sufficient to meet the deadline.

The withdrawal declaration must be sent to:

INTEGRA Handel GmbH, [address], Austria
Email: info@fliesendekor.com

(4) In particular, no right of withdrawal exists for:

– contracts with entrepreneurs (B2B),
– goods manufactured according to customer specifications or clearly tailored to personal needs,
– special, project-related or custom-ordered goods,
– goods which, after delivery, have been inseparably mixed with other goods.

(5) In the event of a valid withdrawal, Fliesen&Dekor shall refund all payments received from the customer, including standard delivery costs (excluding additional costs resulting from a special delivery option chosen by the customer), no later than 14 days from receipt of the withdrawal notice. Refunds are generally made using the same means of payment as the original transaction, unless otherwise agreed.

(6) The customer must return or hand over the goods to Fliesen&Dekor without undue delay and in any event no later than 14 days from the date on which the withdrawal was declared. The customer bears the direct costs of returning the goods.

(7) The customer is liable for any diminution in value of the goods only if such loss in value results from handling beyond what is necessary to check the nature, characteristics, and functioning of the goods. The same applies if accessories or components are missing.

(8) Fliesen&Dekor may refuse to refund until it has received the goods back or until the customer has provided proof of having returned the goods—whichever occurs first.

§ 10 Pallet Policy

(1) For goods delivered on pallets, a pallet deposit is charged per pallet.

(2) Fliesen&Dekor does not collect pallets itself. Upon the customer’s request, collection may be arranged via an external freight forwarder or supplier; any costs incurred in this connection will be charged separately to the customer.

(3) A pallet usage (wear-and-tear) fee may be charged in accordance with the applicable terms and conditions in force at the time.

(4) Damaged pallets are excluded from return and will not be credited.

§ 11 Warranty

(1) Warranty constitutes the statutory liability of Fliesen&Dekor for defects that exist in the goods at the time of delivery. The relevant provisions are §§ 922 et seq. of the Austrian Civil Code (ABGB) and—where consumers are concerned—the mandatory provisions of the Austrian Consumer Protection Act (KSchG).

(2) The warranty period is two years from the date of delivery of the goods.

For consumers, it is presumed within the first 12 months that a defect already existed at the time of delivery, unless proven otherwise; thereafter, the burden of proof lies with the customer.

For entrepreneurs, the statutory provisions apply without reversal of the burden of proof.

(3) In particular, no warranty is provided for defects attributable to:
– improper or faulty handling, storage, processing, or use,
– failure to observe installation, assembly, care, or processing instructions,
– excessive use, natural wear and tear, or external influences,
– use of unsuitable materials, adhesives, or tools,
– goods sold as B-grade, reduced quality, or clearance items, insofar as the defect results therefrom.

(4) The customer must inspect the goods immediately upon delivery. Obvious defects must be reported without culpable delay.

Additionally, for entrepreneurs: if a defect notice is not made in due time, the goods shall be deemed approved (§ 377 UGB).

(5) At the discretion of Fliesen&Dekor, warranty shall be fulfilled by repair (rectification) or replacement within a reasonable period. If this is impossible or involves disproportionate effort, the customer shall be entitled to the statutory rights of price reduction or—where the legal requirements are met—rescission.

(6) Failure to comply with installation, assembly, or processing recommendations results in the loss of warranty and any warranty/guarantee claims. No liability is assumed for damages resulting from such non-compliance.

(7) Claims for damages exist only in cases of intent or gross negligence on the part of Fliesen&Dekor, except for personal injury, for which liability also exists in cases of slight negligence.

Liability for indirect damages, consequential damages, loss of profit, or pure economic loss is excluded to the extent permitted by law.

(8) Insofar as Fliesen&Dekor sells goods sourced from third parties, liability exists exclusively within the scope of claims available against the respective supplier, to the extent permitted by law.

(9) Characteristics, qualities, or intended uses of goods shall be deemed warranted only if expressly agreed in writing.

(10) Warranty claims do not entitle the customer to withhold due payments or to set off against disputed counterclaims, to the extent permitted by law.

§ 12 Product Liability

(1) If the transaction does not constitute a consumer transaction, recourse claims within the meaning of § 12 of the Austrian Product Liability Act (Produkthaftungsgesetz) are excluded, insofar as legally permissible.

§ 13 Minor Performance Deviations

(1) If the transaction does not constitute a consumer transaction, minor, objectively justified and reasonable deviationsfrom the agreed performance—particularly production- or material-related deviations (e.g. color shades, dimensional tolerances, surface structure)—shall be deemed in conformity with the contract.

§ 14 Retention of Title

(2) All delivered goods shall remain the property of Fliesen&Dekor until full payment of all claims arising from the respective business relationship—including ancillary claims, costs, interest, and default interest—has been received. The retention of title shall also apply if delivery is made directly by a third party commissioned by Fliesen&Dekor.

(3) The customer is obliged to handle the goods subject to retention of title with due care, to store them properly, and to protect them against damage or loss. The customer bears—subject to statutory provisions—the risk of destruction, loss, or deterioration of the goods.

(4) Pledging, transfer by way of security, or any other disposition of the goods subject to retention of title in favor of third parties is not permitted. The customer must inform Fliesen&Dekor immediately of any access by third parties (in particular seizures) and point out the ownership of Fliesen&Dekor. All costs arising therefrom shall be borne by the customer.

(5) As long as the retention of title exists, the customer—if a consumer or not a reseller acting in the ordinary course of business—is not entitled to dispose of the goods, in particular to sell, pledge, gift, or lend them.

(6) If the customer is an entrepreneur and reseller, they are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the customer hereby assigns to Fliesen&Dekor, already at present, all claims arising from the resale of the goods subject to retention of title in the amount of the outstanding claim of Fliesen&Dekor. In the event of the customer’s default in payment, Fliesen&Dekor is entitled to collect these claims itself.

(7) If the customer is in default of payment or if there are justified doubts regarding their ability to pay, Fliesen&Dekor is entitled to demand the surrender of the goods subject to retention of title. The repossession of the goods shall constitute withdrawal from the contract only if such withdrawal is expressly declared. All costs associated with repossession (e.g. transport and handling costs) shall be borne by the customer.

(8) After repossession of the goods, the contract shall remain in force unless withdrawal has been expressly declared. Fliesen&Dekor is entitled to dispose of the repossessed goods by private sale; the proceeds shall be credited against outstanding claims. Further statutory claims remain unaffected.

(9) The customer shall be entitled to set-off or a right of retention only insofar as this is mandatorily permitted by law.

§ 15 Data Protection, Change of Address & Copyright

(1) Fliesen&Dekor processes the customer’s personal data exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Data processing takes place only insofar as it is necessary for performance of the contract, compliance with legal obligations, or on the basis of a separate consent.

(2) The customer is obliged to notify Fliesen&Dekor immediately of any change to their residential or business address during an ongoing contractual relationship. If the customer fails to do so, declarations by Fliesen&Dekor shall be deemed duly received if sent to the last address provided by the customer.

(3) All plans, sketches, technical documents, samples, catalogues, brochures, images and other materials shall—unless expressly agreed otherwise—remain the intellectual property of Fliesen&Dekor or the respective rights holders.
The customer is granted no rights of use, reproduction or exploitation in this respect.

(4) Any use, disclosure, reproduction or publication of the materials referred to in paragraph (3) is not permitted without the express written consent of Fliesen&Dekor.

(5) The customer does not grant any general consent to the use of their personal data for marketing or advertising purposes (e.g. newsletters, email, SMS, social media or telephone). Promotional contact shall take place only on the basis of separate, voluntary consent or within the scope of legally permitted provisions. Personal data shall not be passed on to third parties for advertising purposes.

(6) Information on the processing of personal data is provided in the privacy policy available on the Fliesen & Dekorwebsite. The privacy policy applies in addition to these GTC.

§ 16 Choice of Law, Place of Jurisdiction & Severability Clause

(1) Austrian substantive law shall apply exclusively, to the exclusion of its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The contractual language shall be German.

(2) For consumers, the statutory provisions on jurisdiction shall apply.

If the transaction does not constitute a consumer transaction, the court having subject-matter and territorial jurisdiction at the registered seat of Fliesen&Dekor shall have exclusive jurisdiction for all disputes arising directly or indirectly out of or in connection with the contractual relationship.

However, Fliesen&Dekor shall also be entitled, at its own discretion, to bring proceedings before any other court having jurisdiction over the customer.

(3) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

In place of the invalid provision, a legally permissible provision shall apply which comes as close as possible to the economic purpose of the invalid provision. The same shall apply to any contractual gaps.