General Terms and Conditions
1.1 The following General Terms and Conditions (hereinafter referred to as “GTC“) apply to all services offered by Hilfy GmbH (hereinafter referred to as “Hilfy“) to its customers. Customers of Hilfy can be consumers as defined by the Austrian Consumer Protection Act (hereinafter referred to as “consumers“) or business customers. Consumers must be at least 18 years old and therefore fully legally competent. Business customers may also enter into a separate agreement to order Hilfy services. Consumers and business customers are hereinafter referred to as “Customers“.
1.2 If the GTC unintentionally violate any provisions of the Austrian Consumer Protection Act (hereinafter referred to as “Consumer Protection Act” or “KSchG”) or the Austrian Act on Distance and Off-Premises Contracts (hereinafter referred to as “Distance Selling Act” or “FAGG”), the Mandatory Provisions shall apply.
1.3 These GTC shall apply irrespective of the manner in which the contract is concluded; they shall therefore apply in particular to contracts concluded via one or more means of distance communication such as telephone, email, website or apps. The applicable version of the GTC shall apply at the time the Customer orders services or concludes the contract (if applicable for business customers).
1.4 The application of the Customer’s own general terms and conditions, general terms and conditions of purchase or other terms and conditions is hereby expressly excluded. Deviating or additional agreements negotiated by the Parties shall prevail over the provisions of these GTC only to the extent expressly stated in such deviating or additional agreements. It is agreed that in the event of a dispute as to whether the Customer’s General Terms and Conditions or these GTC apply, the application of the Customer’s General Terms and Conditions shall be excluded.
- Offer – conclusion of contract
2.1 Hilfy offers customers a non-binding service and an hourly price list on the website https://hilfy.at as an indicator of frequent service cases.
2.2 Customers can request a service from Hilfy via the contact form on the website or via the call center (phone number). Hilfy provides the customer with a non-binding price estimate, which is calculated individually and depends on the information provided and a prior assessment of the work to be performed. After the customer’s confirmation, an appointment will be made. Due to the nature of the services provided, there may be unknown circumstances (complexity and difficulty) within the Customer’s control. If such unforeseen circumstances occur, Hilfy must inform the client about the price increase and obtain the client’s confirmation. A final price will be announced only upon arrival of the craftsman and analysis of the scope of work.
2.3 The contract for the services requested by the customer shall become effective when Hilfy either expressly accepts the customer’s order or effectively complies with it by providing the ordered services.
- Obligations of the customer
3.1 The Customer shall do everything necessary to ensure that the Services can be started on time and executed without interruptions.
3.2 Customer shall have the right to grant Hilfy access to the Premises to perform the Services and shall be present at all times while the Services are being performed.
3.3 The Customer shall provide at its own expense electricity and / or water required for the Service.
3.4 Unless otherwise agreed, the customer shall perform all preparatory work required on site at its own expense and responsibility and shall provide Hilfy with existing documents (e.g. plant documentation, operating and control manuals). These documents remain the property of the customer and may only be used by Hilfy for the purpose of providing the service.
3.5 The customer shall ensure the professional and environmentally friendly disposal of the old material at his own expense. If Hilfy is commissioned separately for this, we are entitled to charge for this additional service.
3.6 If the customer does not fulfill his obligations, Hilfy is entitled to refuse the provision of services and to revoke the contract in accordance with the legally applicable regulations.
- Retention of title
4.1 All goods delivered by Hilfy shall remain the property of Hilfy until all claims arising from the business relationship with the customer have been paid in full.
4.2 As long as the retention of title is effective, the customer is obliged to treat the delivered goods with due care; if maintenance or inspection work is required, the customer shall regularly perform such work at its own expense.
4.3 Prior to the acquisition of ownership, the customer is only entitled to sell, pledge or transfer the goods to third parties with the prior written consent of Hilfy. If a third party asserts its own rights to the goods in the context of seizure or insolvency proceedings, the customer must immediately notify Hilfy in writing and point out Hilfy’s ownership.
4.4 The customer shall compensate Hilfy for all damages and costs arising from the violation of the obligation mentioned in paragraphs 4.2 – 4.3 and from necessary intervention measures against third party access to the delivered goods.
4.5 In case of non-contractual behavior of the customer, especially in case of default of payment, Hilfy is entitled to withdraw from the contract and to reclaim the delivered goods.
5.1 According to the Austrian Distance and Foreign Contracts Act (FAGG), a consumer has the right to withdraw from a contract concluded using exclusively means of distance communication within 14 days from the conclusion of the contract. The withdrawal does not require any justification. This right does not apply to:
– The payment for the service to be provided shall not exceed 50 euros.
– The customer has expressly requested the provision of the service during the withdrawal period and the service has then been fully provided.
– Goods are manufactured according to customer specifications or are not suitable for return due to their condition.
– The consumer has requested urgent repair or maintenance work.
5.2 In the event of justified withdrawal, the consumer shall pay the pro rata amount for the services already provided. If the goods have been delivered, the received goods will be returned immediately and an appropriate compensation for their use will be paid, including a refund of depreciation. The customer has no right of retention and bears the cost of returning the goods to Hilfy.
5.3 If there is a right of withdrawal according to the Austrian Distance Selling and Off-Premises Contracts Act (FAGG) and the customer wishes to exercise it, the justified withdrawal must be sent to:
1010 Vienna, Austria
5.4 If the customer withdraws from the contract without justification, Hilfy is entitled to insist on the fulfillment of the contract or to agree to the cancellation of the contract. In case of cancellation, the customer is obliged to pay compensation at Hilfy’s discretion, depending on the agreed service date and the mutually agreed scope of services.
6.1 The price list on Hilfy’s website: https://hilfy.at contains prices for common service cases and hourly rates. The price list for materials is displayed and accessible in the Hilfy Services mobile application. Hilfy provides the customer with a non-binding price estimate that is calculated on an individual basis depending on the information provided. If a contract is based on incomplete information provided by the client or other unknown circumstances within the client’s control, Hilfy is entitled to charge for services based on actual expenses (hours and materials) prior to confirmation.
6.2 The prices stated by Hilfy are gross sales prices. The price includes the statutory sales tax and the Austrian statutory value added tax.
6.3 The prices do not include the services, fees, activation, construction supervision as well as the professional and environmentally friendly disposal of used materials required by authorities and energy supply companies (see above in 3.3, 3.5). If Hilfy is commissioned separately for this purpose, we are entitled to charge for this additional service with reference to the price list or an individual offer.
- Maturity, payment and delay
7.1 Unless otherwise agreed or specified herein, payments shall be made after the provision of the Services and / or delivery of the Goods in accordance with the relevant Order. Payments shall only be accepted by cash or credit card (Visa, Mastercard, American Express, Diners Club, Maestro card). If expressly agreed by Hilfy, invoices must be paid within 14 days after receipt of the invoice. After this period, the customer is late.
7.2 In case of late payment by the customer, Hilfy is entitled to charge interest in the amount of 4% per year.
7.3 In the event of delayed payment, the Customer shall pay all reminders necessary and reasonable for the purpose of collection, to the extent that this is in reasonable proportion to the claim pursued.
7.4 A deadline for completion set by Hilfy shall only be binding if this has been agreed in writing.
7.5 If a deadline for the provision of services is agreed between Hilfy and the customer, the deadline shall be reasonably extended if unforeseeable circumstances or circumstances beyond the control of the parties occur.
- Legal warranty
8.1 The statutory warranty provisions shall apply. The quality of the services rendered corresponds to the current state of the art.
8.2 The customer must report defects to Hilfy in writing within a period of 7 calendar days after completion of the service, at the latest after the customer has taken control of the service, used the service or refused to accept the service without giving reasons. Otherwise, all warranty claims, claims for damages and avoidance of the contract due to a defect are excluded.
The customer shall bear the full burden of proof for all admission requirements, in particular for the defect itself, the time of discovery of the defect and the timeliness of the notice of defect.
8.3 Hilfy does not give any special guarantees.
- Limitation of liability
9.1 Hilfy shall only be liable to consumers for intent or gross negligence. Liability for damages caused by slight negligence and compensation for consequential damages, financial losses, loss of profit, loss of interest and for damages arising from third party claims is excluded.
The above limitations of liability shall not apply in the event of injury to health or bodily injury or death of the customer for which Hilfy is responsible.
9.2 In addition to 9.1, claims for damages by business customers against Hilfy shall expire within six months after knowledge of the damage and the responsible person and shall be limited to 100% of the net contract value per claim.
9.3 Unless otherwise agreed, compensation is excluded if requirements for assembly, commissioning and use (as contained in the operating instructions) or official approval requirements are not met.
9.4 The provisions of the Product Liability Act shall remain unaffected.
- Personal data
10.1 The customer confirms that the personal data provided is true, correct and complete. The customer shall inform Hilfy without delay of any changes to personal data in connection with the services provided or during the contractual relationship.
10.2 If personal data is incorrect, incomplete and / or outdated, Hilfy may delete or cancel the customer service request.
10.3 The protection of personal data is a very important matter. In this context, Hilfy refers to the separate data protection information for customers https://hilfy.at.
- Feedback and customer satisfaction
11.1 Customer satisfaction is a very important matter for Hilfy. Therefore, Hilfy may contact customers to obtain feedback and information about customer satisfaction with respect to the services provided.
11.2 Hilfy is the owner of all reviews, comments, recommendations or other feedback on the services published on the website, made by phone, software applications and / or e-mail.
12.1 Pursuant to Section 107 (3) of the Austrian Telecommunications Act (TKG), the General Data Protection Regulation (DSGVO) Hilfy shall provide the customer with advertising material on similar services within the framework of the existing business relationship only with the prior consent of the customer.
12.2 If the processing for the provision of advertising material is neither contractual nor based on consent, the Customer’s personal data shall no longer be processed and shall therefore be deleted. A refusal shall not affect the lawfulness of the information processing carried out so far.
- Copyright and trademarks
13.1 All materials, trademarks, service marks, trade names and logos on the Site or otherwise used (hereinafter referred to as “Intellectual Property”) are the sole property of Hilfy and are protected by copyright laws, trademark laws, unfair competition laws and other applicable intellectual property laws. Therefore, Hilfy’s Intellectual Property may not be used without Hilfy’s express written permission.
- Final provisions
14.1 The place of performance and payment shall be Vienna, Austria.
14.2 The entire business relationship and all contracts between Hilfy and the customer shall be governed in all respects exclusively by and construed in accordance with the laws of Austria, with the exception of the provisions on conflict of laws and the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
14.3 The entire business relationship and all contracts between Hilfy and the customer are exclusively subject to the jurisdiction of Austria and the exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship and the contracts is the local court with jurisdiction for Vienna. Hilfy reserves the right to file a lawsuit against the customer at the customer’s general place of jurisdiction.
For consumers, the above-mentioned place of jurisdiction shall only be deemed to be agreed if the customer lives or has his usual place of residence or work in this judicial district or if the customer lives abroad.
14.4 If any provision of these GTC is or becomes invalid, ineffective or unenforceable in whole or in part, this shall not affect the validity, effectiveness and enforceability of the remaining provisions. Such invalid, ineffective or unenforceable provision shall, to the extent permitted by law, be deemed to be replaced by such valid, effective and enforceable provision that most closely approximates the economic intent and purpose of such invalid, ineffective or unenforceable provision. The same applies to missing provisions.