General sales and delivery conditions
The following GTCs apply to all orders via our online shop
CONTRACTUAL PARTNER, CLOSURE OF CONTRACT: The purchase contract is made with Träumeland GmbH. The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalogue. You are able to initially place your products into the non-binding shopping basket and to correct your entries prior to sending off your binding order by utilizing the correction aids provided and explained in the order process. By clicking on the order button, you can submit a binding order for the goods contained in your shopping basket. Immediately after sending the order, you will receive a confirmation of order receipt together with the acceptance of the order through an automated email. On receiving this email , the contract has been closed.
A binding contract can also be closed prior to this as follows:
- If you have selected the credit card method of payment, the contract is closed as soon as the credit card is debited.
- If you have selected the PayPal method of payment, the contract is closed as soon as you confirm the payment instructions to PayPal.
- If you have selected the SOFORT method of payment transfer, the contract is closed as soon as you confirm the payment instructions to SOFORT GmbH.
The language available for closure of the contract is German.
We save the contract text and send you an order confirmation. You can view the GTCs at any time on this page.
DELIVERY CONDITIONS: Shipping costs are levied in addition to the product prices stated. You can find out more on the sum of shipping costs in “Payment and shipping”. We only deliver via delivery. It is not possible for you to collect goods.
PAYMENT: The following payment methods are possible in our shop:
- Credit card
- Purchase on account
- Immediate transfer
Our invoices are payable within 14 days net after receipt of the goods if nothing else is arranged in writing. In case of payment default, the usual bank interest rates are calculated. If the purchaser defaults on an invoice, all later invoices shall be payable immediately. We always reserve the right to deliver only subject to advance payment, cash on delivery or with the submission of a bank guarantee. The retention or compensation of payments on the part of the purchaser due to any counterclaims is not permitted.
CHANGES: Changes to orders are generally not possible after creation of the order confirmation. In exceptional cases, changes are possible only after prior clarification of the production progress. Any costs incurred shall be reported to the orderer and invoiced accordingly.
RESERVATION OF OWNERSHIP: The goods shall remain our property until they have been paid for in full.
TRANSPORT DAMAGES: If goods with obvious transportation damages are delivered, please report such faults without delay to the forwarder and contact us immediately. Failure to announce a complaint or to contact us shall have no consequences for your legal claims and the implementation of these claims, in particular your warranty rights, but you would thus assist us so that we can assert our own claims against the freight carrier or transport insurance.
RETURNED GOODS & WITHDRAWAL: You can find more information here.
COMPLAINTS/WARRANTY CASES: Complaints of all kinds must be made within 8 days after receipt of the goods in writing or via fax. We reserve the right to check them in a suitable manner. Deficiencies shall not constitute a right of retention or reduction of payment, nor the right to offset costs with counterclaims of any kind. Warranty claims are excluded; also excluded is the warranty in case of deficiency caused through overstrain, negligent or improper handling. Substantive Austrian law shall be applicable for legal disputes from this contract or resulting from this contract. The compulsory regulations laid down in the KSchG (Consumer Protection Law) and the PHG (Product Liability Act) shall remain unaffected.
LIABILITY: We assume unlimited liability for claims based on damages which have been caused by us, our legal representatives or our vicarious agents
- In case of injury to life, body or health
- In case of intentional or grossly negligent violation of obligations
- In case of warranty promises as arranged
- If the application area of the product liability law applies
In addition, all claims to damages shall be excluded.
PLACE OF JURISDICTION: A-4020 Linz shall be agreed on as the place of jurisdiction for all parties. The contractual relationship is subject to Austrian law. The applicability of the UN purchase rights is hereby excluded; the contractual language is German. The place of fulfilment and payment shall be Hofkirchen im Mühlkreis.
Status: March 2017
PRICES: All prices are non-binding and apply ex works unless otherwise agreed.
DELIVERY DATE: Our delivery date is approx. 14 days. The delivery date shall be stated on the order confirmation with 1-2 weeks accuracy. Unforeseen obstacles, delayed delivery of primary materials ordered, third-party products, workers uprisings and strikes in our company and in our sub-contractors companies as well as force majeure, release us from complying with the delivery date agreed. Penalties for default, claims for compensation or a right to withdraw from the order due to delayed delivery are excluded.
CHANGES: Changes to the order are normally not possible after the order has been confirmed. In exceptional cases, changes are possible only after prior clarification of production status. Any costs accruing will be notified to the buyer and charged additionally.
DESPATCH: Unless otherwise agreed, shipments shall be despatched for the account and risk of the recipient. We are obliged to take out transport insurance, in particular insurance against the perils of war, strikes and civil disturbances, only if the contractor expressly stipulates this and agrees to payment of the costs arising as a result. Substitution for errors and damage arising during transport is expressly excluded. In case of short delivery or damage to the shipment, a complaint is to be made to the postal service, the respective package forwarder or other forwarder and an official confirmation of damage requested.
COMPLAINTS/WARRANTY: Complaints of any kind must be made in writing or by telefax within 8 days after receipt of the goods. We reserve the right to check these in a suitable manner. Complaints about deliveries do not entitle to retention of or reduction of the payment or offsetting with counter claims of any kind whatsoever. Warranty claims are excluded; warranties for defects caused by overuse, negligent or incorrect handling are excluded in any case. Substantive Austrian law applies exclusively to this contract and all disputes resulting from it. Mandatory provisions of the Consumer Protection Act (KSchG) and the Product Liability Act (PHG) remain unaffected.
RETURNED GOODS: The return shipment of goods subject to complaint requires our prior express consent. The return shipment must be sent free Hofkirchen im Mühlkreis. Acceptance can be refused for returned goods despatched without our prior consent.
PAYMENT: Our invoices are payable within 14 days net after issuing the invoice, unless otherwise agreed on in writing. Normal banking interest shall be charged in case of payment default. In the event that the buyer defaults on payment of an invoice, all subsequent invoices shall become due for payment
immediately. The buyer hereby agrees to expenses for reminders to be charged in the amount of € 40.00, as well as collection expenses in accordance with collection provisions. Furthermore, the buyer expressly agrees to capitalised interest, fees for reminders and collection or costs for legal intervention before the procedure to be added to the lawsuit amount from the original claim as the principal amount, in case of legal proceedings. In any case, we reserve the right to deliver only against advance payment by way of cash on delivery or the presentation of a bank guarantee. Subsequent disclosure of changes in the buyer‘s personal or financial circumstances, e.g. stoppage of payment or negative information entitles us to withdraw from the delivery contract or to stipulate new conditions. Employees and representatives of our company are only then entitled to accept payments if they have a written authorisation for collection. The retention or offsetting of payments on the part of the buyer based on any counter claims is not admissible.
RETENTION OF TITLE: The goods remain our property until payment is made in full. The buyer also agrees to inform us immediately in case of insolvency proceedings or to undertake all steps to recover the goods still in our possession and to notify us immediately about our reservation of title. In the event that the buyer does not fulfil his obligations or stops payments or in case the buyer is insolvent, we are entitled to demand the immediate surrender of the goods, excluding any rights of retention. After taking over the object of purchase, we deem it reasonable to either sell the object of purchase at the best possible rate and to credit the buyer with the revenue thereby obtained against any outstanding obligations or to take back the object of purchase at the invoice price and to charge the buyer rent at usual, reasonable rental rates for the period of his ownership of the products delivered.
PLACE OF JURISDICTION: A-4020 Linz shall be the place of jurisdiction for both parts. The contractual relationship is subject to Austrian law. Application of the UN Sales Convention is excluded; the language of the contract is German. The place of both fulfilment and payment is Hofkirchen im Mühlkreis.