GTC - General Terms and Conditions for Consumers

2. Offer and conclusion of contract

2.1 Customer orders shall only be deemed accepted once they have been confirmed by the Seller in writing, including by e-mail. Declarations or offers made by the Seller up to that point are non-binding and are deemed to be an invitation to the Customer to submit an offer.

2.2 Offers made by the Seller are non-binding. Technical descriptions and other details in offers, brochures and other information are also initially non-binding.

2.3 Offers and cost estimates shall only be issued in writing. Verbal cost estimates shall have no legal significance.

2.4 Unless otherwise agreed, offers and cost estimates are subject to payment.

2.5 Quotations and cost estimates are prepared on the basis of information provided by the customer, without any guarantee of completeness or accuracy.

2.6 The seller reserves the right to sell goods offered to the customer to third parties during the period of validity of the offer (prior sale). This shall not give rise to any claims on the part of the customer.

2.7 If details in written order confirmations issued by the Seller deviate from the catalogue, brochure or other details provided by the Seller, those in the order confirmation shall be binding.

 

3. Prices and shipping costs

3.1 All prices are quoted in euros excluding the applicable statutory value added tax.
3.2 In addition to the stated prices, the seller charges shipping costs for delivery up to an order value of €50. The shipping costs will be clearly communicated to the buyer during the ordering process. From an order value of €50, delivery is free of charge.

 

4. Delivery, availability of goods

4.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.

4.2 If the Seller specifies an expected delivery date or an expected delivery period before or upon order confirmation, such a delivery period or such a delivery date shall not be regarded as a binding commitment. Rather, this is a mere - not legally binding - promise of endeavour by the seller to the customer. The customer can therefore not derive any claims (in particular no claims for damages) from any failure to meet the delivery deadline or delivery date specified by the seller.

4.3 The customer is informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) within the respective product description.

4.4 If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.

4.5 The Seller shall not be responsible for delays in delivery and/or performance due to force majeure or due to events that make it significantly more difficult, impossible or unreasonable for the Seller to provide the service (e.g. strike, lockout, official orders); this shall also apply in the event that such delays in delivery and/or performance do not occur at the Seller itself, but at its suppliers or subcontractors.

4.6 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

4.7 In the event of such delays in delivery and/or performance, the seller shall be entitled to withdraw from the contract without the customer being entitled to any compensation or other claims.

4.8 The Seller shall be entitled to make partial deliveries, whereby each partial delivery shall be treated as an independent delivery.

4.9 If the customer has not accepted the goods as agreed, the seller shall be entitled, after unsuccessfully setting a grace period, to store the goods at his premises, for which he shall charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, whereby the customer's obligation to pay and his obligation to accept the goods shall remain unaffected by this.

4.10 Packaging and dispatch shall be at the customer's expense and risk. Use and risk shall pass to the customer upon handover of the goods to the customer on site or to the respective transport company commissioned with the dispatch or upon notification to the customer that the goods are ready for dispatch.

5. Payment modalities

5.1 Unless otherwise agreed, the Seller's invoices are payable strictly net within 14 days of the invoice date. A discount deduction is not permitted without special written agreement.

5.2 In the event of late payment by the Customer, the Seller shall be entitled to charge interest at a rate of 12% p.a. for the period from the due date until receipt of payment.

5.3 Furthermore, all reminder and collection charges and ancillary fees incurred in connection with the outstanding claim shall be paid in addition to the principal debt.

5.4 In the event that the Seller takes over the dunning process itself, the Customer shall pay a lump sum of EUR 40.

5.5 The Customer shall only be entitled to set-off if his counterclaims have been legally established, are undisputed or have been recognised by the Seller in writing.

5.6 The customer is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. Insofar as the customer exercises his right of retention due to alleged defects, this is limited to the amount of the costs of remedying the defect.

5.7 If the customer withdraws from the contract without justification, he shall nevertheless be obliged to pay the agreed remuneration in accordance with § 1168 ABGB. Alternatively, the Seller shall be entitled to claim liquidated damages from the Customer in the amount of 30% of the gross sales price. The Seller reserves the right to claim higher damages against appropriate proof.

5.8 Cancellation is expressly not possible for customised special orders. In this case, the customer must in any case pay the entire agreed price.

6. Retention of ownership

6.1 All deliveries of the Seller shall remain the sole property of the Seller until full payment of all claims arising from the respective invoice of the remuneration agreed between the Seller and the Customer. As long as the aforementioned retention of title is in force, the sale, pledging, transfer by way of security or other transfer of the delivery components covered by the retention of title is not permitted without the prior express written consent of the Seller.

7. Duty to give notice of defects, warranty and guarantee

7.1 The customer must inspect the delivery made by the seller immediately after delivery with regard to completeness and any defects. The customer must notify the seller of any defects in the goods delivered by the seller immediately upon receipt of the goods by registered letter or by making a note on the delivery note/waybill. Hidden defects must be reported in writing without delay, but at the latest within 3 working days of their discovery. The customer must state the specific defects in question and describe them as precisely as possible; an unsubstantiated assertion of unspecified defects does not fulfil the customer's obligation to give notice of defects.

 

7.2 If the customer does not fulfil his obligation to inspect and give notice of defects immediately after receipt of the goods, the goods delivered by the seller shall be deemed to have been delivered free of defects or accepted with any defects. The customer therefore loses any existing rights arising from warranty, compensation and error. The seller's warranty obligation expires in any case upon expiry of the one-year warranty period.

 

7.3 If, after a notification of defects has been made, it turns out that the faults or defects alleged against the Seller are not defects within the meaning of warranty law, but result from incorrect or improper use by the Customer or other circumstances attributable to the Customer's sphere, the Seller may charge the Customer a reasonable fee (including expenses incurred) for the inspection or examination of the notified defects.

7.4 The Seller shall not be liable for faults, malfunctions or damage caused by improper operation by the Customer or third parties attributable to the Customer.

 

7.5 In the event that the delivery made by the Seller is defective, the Seller shall fulfil its warranty obligation in the form of improvement/replacement or price reduction/conversion at its discretion; any further claims of the Customer in connection with the Seller's delivery are excluded.

7.6 The warranty period is one year. The Seller warrants that the products are free from manufacturing and material defects.

 

7.7 In the event of a justified and timely complaint about the goods, the Seller shall, at its discretion, either rectify the defect or provide a (partial) replacement/repair. The customer is obliged to have the goods returned to the seller at his own expense and subsequently to collect them again at his own expense. The assertion of claims for consequential damages, in particular loss of profit, etc. is excluded.

7.8 The right of recourse pursuant to § 933b ABGB is excluded.

7.9 The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers are informed of the warranty conditions before initiating the order process.

 

7.10 The reversal of the burden of proof in accordance with § 924 ABGB at the expense of the seller is excluded. The existence of the defect at the time of delivery, the time of discovery of the defect and the timeliness of the notice of defect must be proven by the customer.

8. Liability

8.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.

8.2 The Seller shall be liable for damages resulting from injury to life, body or health in accordance with the statutory provisions. For other damages, the Seller shall only be liable for intent and gross negligence. Liability under the Product Liability Act remains unaffected by the above provisions.

8.3 Claims for damages are limited to the order value excluding taxes. Compensation for loss of profit and damage to the customer's mere assets by the seller shall be excluded in all cases.

8.4 Any claim for damages shall lapse six months after the customer becomes aware of the damage and the party causing the damage, but no later than one year after delivery.

8.5 The assertion of claims due to laesio enormis, error or loss of the business basis for the customer is excluded.

9. Copyright

9.1 The exclusive copyright and rights of use to the online shop, the website of the online shop and its content lie with the seller. The customer is obliged to respect the intellectual property of third parties.

 

9.2 Any use, including the reproduction, modification, distribution, dissemination, publication, exhibition or presentation of the content of the online shop and/or the website is prohibited. In particular, the customer is not authorised to copy, download, save and/or sell the content made available in the online shop or on the website of the online shop in any way whatsoever or to use it for commercial purposes. Press releases and other content obviously released for download may be downloaded and saved by the customer. The online shop, its content, including advertising content, and the software used in connection with the online shop are protected by legal provisions, in particular copyright, trademarks, patents or other intellectual property rights.

10. Contractual language

10.1 The contractual language is German

11. Choice of legislation, place of jurisdiction and place of fulfilment

11.1 Austrian law shall apply exclusively, excluding the international conflict of law rules. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
11.2 The place of fulfilment is A-4142 Hofkirchen im Mühlkreis.
11.3 The place of jurisdiction is exclusively the competent court for A-4142 Hofkirchen im Mühlkreis.

12. Severability clause

 

12.1 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. In such a case, the invalid provision shall be replaced by a valid provision that comes closest to the meaning and purpose in order to achieve the intended economic purpose.

Hofkirchen im Mühlkreis, 01.01.2025