HK&JOY GmbH
Almau 2, 4643 Pettenbach, Austria
Managing Director: Mr. Kevin Joie, MSc
Commercial Register: HG Vienna, FN535331 b
VAT: ATU75692537
General Terms and Conditions (GTCs)
1. Scope and Validity
1.1. All legal transactions with HK&JOY GmbH in the field of lighting, garden products, consulting, and related services shall be governed exclusively by the following General Terms and Conditions (GTCs).
1.2. Any terms and conditions or purchasing conditions provided by the client are hereby expressly excluded.
1.3. Assurances, side agreements, or amendments to the contract shall require written confirmation by HK&JOY GmbH to be valid.
2. Offers, Order Confirmation, and Conclusion of Contract
2.1. Our quotations are valid for four (4) weeks unless otherwise stated.
2.2. An order is only binding upon HK&JOY GmbH once it has been confirmed in writing within two (2) weeks by means of an order confirmation.
2.3. The content of the order confirmation shall be decisive for the scope of the contract.
2.4. The order confirmation is valid for three (3) working days and must be countersigned and returned by the client within this period to become effective.
2.5. The contract is concluded upon receipt of the countersigned order confirmation.
2.6. We reserve the right to reject the order if the countersigned confirmation is not returned in time.
2.7. Technical modifications are permitted provided they do not cause unreasonable disadvantages to the client.
2.8. All offers are subject to prior sale and are non-binding unless explicitly stated otherwise.
2.9. For projects, all required certificates and permits must be provided by the client in due time.
2.10. All documents such as offers, order confirmations, contracts, and technical submittals (e.g., lighting designs) are confidential and may not be disclosed to third parties without prior written approval.
2.11. If no contract is concluded, all documents and materials provided must be returned immediately upon request. This includes all copies and photos.
2.12. In cases where a contract was feigned, HK&JOY GmbH reserves the right to claim compensation for damages and expenses.
3. Delivery Deadlines and Acceptance
3.1. Delivery dates are not fixed and may vary by up to twenty (20) working days without constituting grounds for any client claims.
3.2. Working days are counted according to the Austrian calendar.
3.3. Delivery time begins upon receipt of the advance payment, or if none is required, upon receipt of the countersigned order confirmation.
3.4. Unforeseeable events (e.g., force majeure, pandemics) extend delivery deadlines appropriately.
3.5. Partial and early deliveries are permitted.
3.6. The client may withdraw from the contract only if HK&JOY GmbH is responsible for the delay and fails to deliver within a reasonable grace period.
3.7. Partial services already rendered cannot be canceled, nor can the client claim damages for late or non-performance.
3.8. The client must carry out acceptance within five (5) working days after delivery. Failure to do so shall constitute acceptance or trigger a grace period.
3.9. If goods are not collected within twenty (20) working days, HK&JOY GmbH may cancel the order and charge storage or damage fees.
3.10. Delayed acceptance may incur costs, particularly for storage and administration.
4. Prices and Payment Terms
4.1. Unless otherwise agreed, prices are EXW Vienna (Incoterms 2020). VAT is not included unless otherwise stated.
4.2. Prices exclude transport, foundation, installation, commissioning, and maintenance unless agreed otherwise.
4.3. Standard packaging is included. Special packaging will be invoiced separately.
4.4. If more than six (6) months elapse between order and delivery, prices may be adjusted for material, energy, or wage cost changes.
4.5. Payments must be made in euros unless otherwise agreed in writing. No exchange rate disadvantages shall affect us.
4.6. Payments are due as specified in the order confirmation. We may require prepayment. All bank and transaction costs are borne by the client.
4.7. Advance payments must be made within five (5) working days of contract conclusion.
4.8. If the client fails to make an agreed advance payment, we may withdraw from the contract and claim damages.
4.9. Costs for export certificates and legalizations are borne by the client.
4.10. Late payments incur 12% annual interest. All debt collection costs shall be reimbursed by the client.
4.11. Offsetting payments against claims is not permitted unless legally justified.
5. Project Development Costs
5.1. We may charge for services such as lighting design provided during project preparation.
5.2. If no contract results, rendered services will be invoiced at EUR 120/hour.
5.3. The client will be notified in advance of any such charges.
5.4. In case of bad faith negotiation, services may be invoiced even without prior notice.
6. Retention of Title
6.1. Delivered goods remain our property until fully paid.
6.2. In case of payment default, HK&JOY GmbH may reclaim the goods and terminate the contract.
6.3. Goods may be resold, but claims arising from resale are deemed assigned to HK&JOY GmbH.
6.4. Third parties must be informed of our ownership in case of any dispute.
6.5. HK&JOY GmbH may request disclosure of resale claims and notify third parties in case of client default.
7. Warranty
7.1. Warranty Period
7.1.1. We offer a three (3) year warranty from delivery date for design, material, and workmanship defects unless otherwise stated. For other brands, supplier conditions apply.
7.1.2. Where no warranty is desired, alternative conditions may be agreed.
7.2. Warranty Procedure
7.2.1. Defects must be reported in writing. The defective part must be returned free of charge unless otherwise agreed.
7.2.2. We will analyze the defect and provide a written response.
7.2.3. Replacement or repair will be at our discretion. Parts will be delivered EXW Pettenbach.
7.2.4. Replacement parts may differ in design due to technological progress.
7.2.5. Reconditioned parts may be used if compliant with new part standards.
7.2.6. For large defect volumes (>50 pcs or >10% of order), HK&JOY may request return samples and cover freight costs.
7.3. Out-of-Warranty Conditions
7.3.1. After warranty expiration, parts will be charged.
7.3.2. Misuse, unauthorized modifications, or tampering void warranty.
7.3.3. Natural disasters and wear & tear are excluded. Repairs will be charged.
7.4. After-Sales Service
7.4.1. We respond to inquiries within two (2) working days and resolve issues within ten (10) days, excluding shipping.
Service Contact: office@hkandjoy.com
8. Product Liability
8.1. Our liability is limited to compliance with regulations and proper use.
8.2. Improper use or unauthorized modification voids liability.
8.3. Liability for indirect or consequential damages is excluded. This also applies to employees and subcontractors.
9. Legal Jurisdiction and Final Provisions
9.1. The contract and its interpretation shall be governed solely by Austrian law.
9.2. Place of jurisdiction is Vienna.
9.3. If any provision is found invalid, the remaining provisions remain unaffected.
9.4. These GTCs form part of every offer and invoice and are deemed accepted upon placing the order.