Version 1.0 · in force from 22 August 2026
1.1 These terms govern all contracts between PROsolutions 2013 GesmbH, Althoeflein 9, 2143 Großkrut, Austria (FN 405457k, Landesgericht Korneuburg, VAT ID ATU68282011) — "we" — and our customers for the supply of goods, the provision of services and the use of our platforms (PROPPT, PROVIS, PROarchidex and the associated brands).
1.2 We supply exclusively on the basis of these terms, which are made available to you in text form before the contract is concluded.
1.3 Towards business customers we object to conflicting terms. They become part of the contract only if we agree to them expressly and in writing; accepting an order without objection or performing a delivery does not constitute agreement.
1.4 Individually agreed terms always take precedence over these terms.
A consumer is a person entering into the contract for a purpose predominantly outside their trade or independent profession (§ 1 KSchG). All other customers are businesses. Where these terms distinguish between the two, this is marked. Mandatory consumer protection provisions always take precedence over these terms.
3.1 The presentation of products and configurations on our website and in our configurators is not a binding offer but an invitation to make one.
3.2 By submitting an order you make a binding offer. The contract is formed when we confirm the order in text form or begin performance. An automatic acknowledgement of receipt is not yet an acceptance.
3.3 Unless stated otherwise, quotations we issue are valid for 30 days from their date.
3.4 Information under §§ 9 to 11 ECG. The ordering process comprises selection or configuration, entry of your details, a summary page and submission. You can correct input errors at any time before submitting by returning to the previous step or amending the fields. The contract languages are German and English. We store the contract text together with these terms and send it to you with the order confirmation; it is also available in your customer account if you hold one. We are not subject to any particular code of conduct.
4.1 Prices follow from the price lists in force when the contract is concluded and from the configuration chosen. For consumers all prices are final prices including VAT; shipping, delivery and installation costs are shown separately. For businesses prices are net of the applicable VAT.
4.2 Prices are taken from stored price lists and depend on the configuration and on the customer category (business or consumer). No price differentiation is made on the basis of your person, your behaviour or a profile of you, and prices are not generated by artificial intelligence.
4.3 Obvious errors in stated prices — such as a recognisable transposition of digits — entitle us to rescind under the applicable law. We will inform you without delay and refund any payment already made in full.
5.1 Unless agreed otherwise, invoices are payable in full within 14 days of the invoice date. For made-to-order and project work, advance and instalment payments may be agreed; their amount and due dates follow from the quotation.
5.2 In the event of late payment the statutory default interest applies: for businesses 9.2 percentage points above the base rate (§ 456 UGB), for consumers 4 % per annum (§ 1000(1) ABGB). Any further loss remains recoverable.
5.3 Necessary and appropriate costs of collection may be claimed under § 1333(2) ABGB to the extent they are proportionate to the debt pursued.
5.4 Businesses may withhold payment or set off only against counterclaims that we have acknowledged or that have been established by a court. This restriction does not apply to consumers, who may in particular set off in the event of our insolvency and with counterclaims established by a court or acknowledged by us (§ 6(1)(8) KSchG).
6.1 Delivery dates are non-binding target dates unless expressly agreed as binding. For made-to-order goods the delivery period begins only once all details of execution are settled and any agreed advance payment has been received.
6.2 Partial deliveries are permitted where reasonable for you and where they cause you no additional cost.
6.3 For consumers, risk passes only when the goods are handed over to you or to a third party designated by you. If you yourself engage a carrier that we did not name, risk passes on handover to that carrier (§ 7b KSchG).
6.4 For businesses, risk passes on handover to the carrier.
6.5 Irrespective of your statutory rights, we ask that transport damage be noted on acceptance and reported to us, so that we can preserve claims against the carrier. For consumers this is not a precondition for warranty claims.
7.1 Goods delivered remain our property until paid for in full.
7.2 Businesses may resell goods subject to retention of title in the ordinary course of business; they hereby assign to us the resulting receivables up to the amount outstanding to us. Pledging or transferring such goods by way of security is not permitted. Any third-party access to such goods must be notified to us without delay.
7.3 Asserting retention of title constitutes rescission of the contract only if we declare this expressly.
8.1 A substantial part of what we supply is manufactured to your specifications or clearly tailored to your needs. Dimensions, materials, finishes and specifications follow from your configuration and the order confirmation. Please check these carefully before releasing them; once production has begun, changes are generally not possible or only at additional cost.
8.2 Measurements. Where measurements are supplied by you, you are responsible for their accuracy. Where we take or confirm them on site, we are.
8.3 Natural materials. With wood, stone, leather, textiles and similar materials, variation in colour, grain and structure is characteristic of the material and is not a defect. The same applies to customary dimensional tolerances and to colour differences between on-screen depiction and the goods supplied.
8.4 Samples and images are illustrative. The specifications stated in the order confirmation are binding.
9.1 If you conclude a contract as a consumer at a distance or off our premises, you may withdraw within 14 days without giving reasons (§ 11 FAGG).
9.2 The period begins, for goods, on the day you or a third party designated by you take possession; where goods are delivered separately, with the last part delivery; for services, on the day the contract is concluded.
9.3 An unequivocal statement to sales@prosolutions.online or to PROsolutions 2013 GesmbH, Althoeflein 9, 2143 Großkrut, Austria is sufficient. You may use the model form below but are not obliged to. Sending the statement in good time is enough to meet the deadline.
9.4 Consequences. We will refund all payments received, including the cost of the least expensive standard delivery we offer, without delay and at the latest within 14 days of receiving your statement, using the same means of payment as the original transaction unless agreed otherwise and without any charge. For goods, we may withhold the refund until we have received the goods back or you have supplied evidence of having sent them. You must return the goods within 14 days of your statement. You bear the direct cost of returning the goods (§ 15(1) FAGG); for bulky items that cannot be sent as a parcel this may be substantial depending on size and distance. You are liable for any diminished value only where it results from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
9.5 Exceptions (§ 18 FAGG). There is in particular no right of withdrawal for goods made to your specifications or clearly tailored to your personal needs (§ 18(1)(3) FAGG). This covers a substantial part of what we supply — configured furniture, made-to-measure building components and project-specific manufacture. We indicate separately, before the contract is concluded, whether the exception applies to the item in question. The right of withdrawal also lapses for services fully performed at your express request before the withdrawal period expired, once you have acknowledged that you thereby lose it (§ 18(1)(1) FAGG).
9.6 Digital content. Where digital content is supplied other than on a tangible medium, your right of withdrawal lapses once we have begun performance after your express consent and your acknowledgement that you thereby lose it (§ 18(1)(11) FAGG).
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)
To: PROsolutions 2013 GesmbH, Althoeflein 9, 2143 Großkrut, Austria — sales@prosolutions.online
I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods / for the provision of the following service:
_______________________________________________
Ordered on / received on: ______________________
Name of consumer(s): ______________________
Address: ______________________
Signature (only if this form is notified on paper): ______________________
Date: ______________________
10.1 The statutory warranty provisions apply.
10.2 For consumers, the Consumer Warranty Act (VGG) applies to goods and digital services: two years from handover, with an additional three-month limitation period (§ 13 VGG). Within the first year a defect that comes to light is presumed to have existed at handover (§ 11 VGG). These rights are not restricted by these terms; excluding or shortening them before the defect is known is ineffective under § 9 KSchG.
10.3 For businesses, the warranty period is two years for movable and three years for immovable property from handover (§ 933 ABGB). The presumption under § 924 ABGB is shortened to six months. We will first remedy by repair or replacement at our choice; only if that fails, is impossible or is disproportionate do price reduction or rescission become available.
10.4 We give a guarantee only where we expressly designate it as such in text form. Third-party manufacturer guarantees are unaffected and do not limit your statutory warranty rights.
10.5 The warranty does not cover defects arising from natural wear, improper handling or installation by you or by third parties engaged by you, lack of care, or changes made without our agreement — to the extent the defect results from these.
Businesses must examine the goods without delay after delivery and give notice of apparent defects without delay, and of latent defects without delay after discovery, in text form and specifying the defect (§ 377 UGB). Failing such notice the goods are deemed approved. This clause does not apply to consumers.
12.1 Towards consumers we are liable in accordance with the law. Any limitation or exclusion of liability for intent and gross negligence is ineffective under § 6(1)(9) KSchG and we do not rely on one. For personal injury our liability is always unlimited. Claims under the Product Liability Act are unaffected.
12.2 Towards businesses we are liable for intent and gross negligence. Liability for slight negligence is excluded, save for personal injury. In cases of gross negligence our liability for damage to property and financial loss is limited in amount to the order value of the order concerned, and in any event to EUR 250,000 per event. Liability towards businesses for lost profit, indirect loss, consequential loss and loss from business interruption is excluded. Claims under the Product Liability Act are unaffected.
12.3 The above limitations also apply to our liability for our agents.
12.4 Claims for damages by businesses are time-barred three years after knowledge of the damage and of the party liable (§ 1489 ABGB).
13.1 Our configurators and planning tools produce, from your inputs, designs, planning proposals, visualisations, quantity take-offs and automated pre-checks.
13.2 These outputs are not building-permit drawings. In Austria the preparation and signing of permit drawings is reserved to authorised planners — chartered engineers (Ziviltechniker), master builders with full authorisation, and master carpenters in timber construction. We do not provide planning services within the meaning of § 99 GewO and do not act as planners.
13.3 Standards checks are automated pre-checks and are not binding. They do not replace review by an authorised planner. We give no warranty as to the completeness or currency of the standards applied; the date to which the standards were reviewed is stated with every result. No warranted property of conformity with standards is given.
13.4 Professional review, approval and submission to the authorities are your responsibility, or that of the authorised person you engage. Structural design, fire safety, building physics and compliance with the applicable regional building code must be assessed separately by qualified professionals.
13.5 Results produced with the help of artificial intelligence are marked accordingly (Art. 50 of Regulation (EU) 2024/1689). See section 3.8 of the privacy notice.
14.1 We make our platforms available to you as software to use. You receive a non-exclusive, non-transferable right of use for your own purposes, limited to the term of the contract. This does not create a contract for works for the production of a plan.
14.2 You supply the inputs, you decide, and the results are yours. All rights in the designs, configurations and project data you create belong to you. We use them only as far as necessary to provide the service.
14.3 Access credentials are confidential and must not be passed on. Please notify us without delay if there is any indication that your access is being misused.
14.4 Prohibited in particular are automated extraction of catalogue and price data beyond ordinary use, interference with technical functions, circumvention of access controls, and the posting of unlawful content. In the event of serious or repeated breaches we may suspend access after prior warning, or without warning where there is imminent risk.
14.5 We aim for high availability but, absent a separate agreement, do not owe any particular level of it. We announce maintenance windows where possible.
14.6 Rights in the software, the catalogue data and the design elements of our platforms remain with us or with our licensors.
Events beyond our control that substantially impede or prevent performance — in particular natural disasters, war, official measures, shortages of energy or raw materials, industrial action and network failures — extend the performance period by the duration of the impediment. If it lasts longer than two months, either party may rescind the contract; payments already made are refunded without delay. No claim for damages arises from such rescission.
How we process personal data is set out in our privacy notice. It does not form part of these terms and creates no contractual obligations; it discharges our information duties under Art. 13 and 14 GDPR.
For a contract already concluded, the version supplied at the time of conclusion applies. For continuing obligations — such as ongoing use of our platforms — we will notify you of intended changes in text form at least six weeks before they take effect. If you do not object before they take effect, the changes are deemed accepted; we will draw your attention to this consequence separately in the notice. If you do object, either party may end the continuing obligation as at the date the changes take effect.
18.1 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.
18.2 For consumers habitually resident in another state, the mandatory protective provisions of that state remain unaffected (Art. 6 Rome I).
18.3 For disputes with businesses, the court with subject-matter jurisdiction at our registered office has exclusive jurisdiction; we may also sue a business at its general place of jurisdiction.
18.4 For consumers the statutory rules on jurisdiction apply. A consumer domiciled, habitually resident or employed in Austria may be sued only before one of the courts having jurisdiction on that basis (§ 14 KSchG).
The European Commission's online dispute resolution platform ceased operation on 20 July 2025. We are not obliged and generally not willing to take part in dispute resolution proceedings before a consumer arbitration body. Consumers may nevertheless contact the Internet Ombudsstelle (www.ombudsstelle.at). We would ask you to come to us first with any complaint — most things are resolved fastest that way.
20.1 Should any provision of these terms be or become ineffective, the remainder stays in force. Towards businesses, the statutory rule replaces the ineffective provision. Towards consumers, the statutory rule applies exclusively and no validity-preserving reduction takes place.
20.2 Statements in text form (in particular by email) are sufficient unless a stricter form is mandatory.
20.3 Assigning your rights and obligations under the contract to a third party requires our consent, which we will not withhold without good reason.