CTG

2. Offers and service descriptions
2.1 The products depicted in the online shop are not a legally binding offer, but an invitation to place an order. Descriptions of services in the seller's catalogues or on the website do not constitute an assurance or guarantee.
2.2. All offers are "as long as stocks last" unless specified otherwise under the products. Subject to errors.

3. Order process and conclusion of the contract
3.1 The customer may place an order as a guest, or register. If the customer registers, he must choose a password and complete all the mandatory fields indicated with an asterisk (*). The customer may also opt not to register with the seller, and to continue the order process as a "guest". The customer can then select products from the seller's range without obligation and collect them in a so-called shopping basket by clicking on the "ADD TO BASKET". The product selection can be amended, e.g. deleted, within the shopping basket. By clicking on "NEXT STEP" within the shopping basket, the customer can then proceed to entering the delivery and invoicing address. The "NEXT STEP" button takes the customer through to completing the order process by selecting the corresponding payment method.
3.2 Only one promotional code can be used per order during the order process. Promotional codes cannot be combined with vouchers obtained through registering for the seller’s newsletter. In addition, promotional codes and vouchers obtained through registering for the seller’s newsletter cannot be combined with other promotions and discounts apart from with vouchers that have been purchased from the seller.
3.3 By clicking on the "CONFIRM AND PAY" button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can view and amend the details at any time, and use the "back" browser function to return to the shopping basket, or stop the order process altogether. Required details and information required to place an order are indicated with an asterisk (*).
3.4 The seller will then send the customer an automatic confirmation of receipt with details of the customer's order which the customer can print out by clicking on "Print" (order confirmation). The automatic confirmation of receipt simply documents that the seller has received the customer's order, and does not constitute acceptance. The purchase contract is concluded only when the seller - unless a separate delivery time is specified for the respective goods in the online store - has despatched the ordered product to the customer within 3 days, handed it over or confirmed despatch to the customer within 3 days via a second e-mail, explicit order confirmation or submission of the invoice. If the end of the deadline is a Saturday, Sunday or a public holiday, the goods will be dispatched on the next working day.

4. Prices and shipping costs
4.1 All prices are indicated on the seller's website, are in euro and are inclusive of the applicable mandatory sales tax.
4.2 The seller also charges shipping costs in addition to the prices shown. The shipping costs are clearly displayed for the buyer during the ordering process.

5. Delivery, availability of products
5.1 Where payment is made via credit card, Paypal and immediate transfer (Klarna), goods are delivered on receipt of the invoice amount. In the event of payment on account (Klarna), goods are delivered when the order confirmation is sent.
5.2 If the seller specifies an expected delivery date or an expected delivery deadline before or at the time of order confirmation, this delivery deadline or delivery date should not be considered to be binding. It is simply a non-legally binding commitment to the customer on the part of the seller. The customer cannot therefore assert any claims (in particular claims for damages) from any failure to comply with the delivery period or delivery date specified by the seller.
5.3 The customer will be advised of delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) within the respective product description. We are able to deliver to Austria, Germany and France.
5.4 If the ordered product is not available because the seller has not been supplied with this product by his supplier through no fault of his own, the seller is entitled to withdraw from the contract. In this event, the seller will inform the customer immediately and offer to supply a comparable product. If no comparable product is available, or if the customer does not want to accept a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.5 The seller is not responsible for delays in delivery and/or performance due to force majeure or due to events that make it considerably more difficult or impossible or impractical for the seller to provide the service (such as strike, lockout, official decrees); this also applies if such delays in delivery and/or performance do not occur at the seller itself but at its suppliers or subcontractors.
5.6 If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller is entitled to withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.7 In the event of such delays in delivery and/or performance, the seller is entitled to withdraw from the contract without the customer being entitled to any claims for damages or other claims.
5.8 The seller is entitled to make partial deliveries, whereby each partial delivery is considered to be a separate delivery.
5.9 Packaging and despatch are at the cost and risk of the customer.  Use and risk passes to the customer on handover of the goods to the customer on site or to the respective transport company commissioned with despatch or on notification to the customer that the goods are ready for despatch.

6. Payment methods
6.1 The online shop offers customers the following payment methods:

• Credit card
• Paypal
• Purchase on account (Klarna)
• Immediate transfer (Klarna)"

6.2 In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, the seller offers the following payment options. Payment is always made to Klarna:

• Invoice: The payment term is always 14 days from despatch of the goods/the ticket.
• Payment in instalments (available in Germany only): The Klarna financing service allows you to pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (with a minimum of 6.95 EUR) or under the conditions otherwise specified at checkout. The instalment payment is due at the end of each month after Klarna has sent a monthly invoice.Customers wanting to pay on receipt of invoice and by instalments are subject to a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks in the context of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check."

6.3 A discount deduction is permitted only with special written agreement.
6.4 In the event of late payment by the customer, the seller is entitled to charge interest at a rate of 4% per annum for the period from the due date until receipt of payment.
6.5 Furthermore, all reminder or collection charges and additional fees incurred in connection with the outstanding claim are payable equal to the principal debt.
6.6 Should the seller handle the collection process himself, the customer is required to pay a fixed fee of 40.00 EUR.
6.7 Cancellation is expressly excluded in the event of customer-specific special orders. In this situation, the customer is all circumstances required to pay the full price.

7. Retention of ownership
7.1 All deliveries made by the seller remain the sole property of the seller until full payment of all invoice claims in respect of the amount agreed between the seller and the customer. For the period that the reservation of ownership above is asserted, the disposal, pledging, transfer by way of security or other transfer of the items delivered and covered by the reservation of ownership is not permitted without the prior express written consent of the seller.

8. Warranty and guarantee
8.1 The warranty conditions are determined by legal provisions.
8.2 A warranty is in place for the goods delivered by the seller only where such warranty has been expressly issued. Customers are informed of the warranty conditions prior to entering into the order process.

9. Liability
9.1 The seller accepts liability only for damage which the seller or his vicarious agents have caused the customer intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act.

2. Quotation and conclusion of the contract
2.1 Customer orders are deemed to be accepted only when confirmed in writing by the seller, including by email. Declarations or quotations made by the seller up to that point are non-binding and are deemed to be an invitation to the customer to make a quotation.
2.2 Quotations made by the seller are non-binding. Technical descriptions and other details in quotations, brochures and other information are also initially non-binding.
2.3 Quotations and cost estimates are provided in writing only. Verbal cost estimates have no legal significance.
2.4 Unless agreed otherwise, quotations and cost estimates are chargeable.
2.5 Quotations and cost estimates are prepared based on the information provided by the customer, with no 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 quotation (prior sale). The customer may derive no rights in this respect.
2.7 Where the details contained in the seller’s written order confirmations deviate from the details provided in the seller’s catalogues, prospects or other information, the details provided in the order confirmation are binding.

3. Prices and shipping costs
3.1 All prices are quoted in euro, and are exclusive of the statutory value added tax applicable at the time.
3.2 The seller also charges shipping costs in addition to the prices shown.

4. Delivery, availability of products
4.1 If advance payment is agreed, delivery is made on receipt of the invoice amount.
4.2 If the seller specifies an expected delivery date or an expected delivery deadline before or at the time of order confirmation, this delivery deadline or delivery date should not be considered to be binding. It is simply a non-legally binding commitment to the customer on the part of the seller. The customer cannot therefore assert any claims (in particular claims for damages) from any failure to comply with the delivery period or delivery date specified by the seller.
4.3 The customer will be advised of delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) within the respective product description.
4.4 If the ordered product is not available because the seller has not been supplied with this product by his supplier through no fault of his own, the seller is entitled to withdraw from the contract. In this event, the seller will inform the customer immediately and suggest the supply of a comparable product. If no comparable product is available, or if the customer does not want to accept a comparable product, the seller will immediately reimburse the customer for any payments already made.
4.5 The seller is not responsible for delays in delivery and/or performance due to force majeure or due to events that make it considerably more difficult or impossible or impractical for the seller to provide the service (such as strike, lockout, official decrees); this also applies if such delays in delivery and/or performance do not occur at the seller itself but at its suppliers or subcontractors.
4.6 If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller is entitled to 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 is entitled to withdraw from the contract without the customer being entitled to any claims for damages or other claims.
4.8 The seller is entitled to make partial deliveries, whereby each partial delivery is considered to be a separate delivery.
4.9 If the customer fails to accept the goods as agreed, the seller is entitled to store the goods at his premises following an unsuccessful grace period, for which he will charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof. The customer’s obligation to pay and to accept the goods remain unaffected.
4.10 Packaging and despatch are at the cost and risk of the customer.  Use and risk passes to the customer on handover of the goods to the customer on site or to the respective transport company commissioned with despatch or on notification to the customer that the goods are ready for despatch.

5. Payment methods
5.1 Unless agreed otherwise, the seller’s invoices are payable strictly net within 14 days of the invoice date. A discount deduction is permitted only with special written agreement.
5.2 In the event of late payment by the customer, the seller is entitled to charge interest at a rate of 12% per annum for the period from the due date until receipt of payment.
5.3 Furthermore, all reminder or collection charges and additional fees incurred in connection with the outstanding claim are payable equal to the principal debt.
5.4 Should the seller handle the collection process himself, the customer is required to pay a fixed fee of 40 euro.
5.5 The customer has a right to offset only if his counter-claims are legally established, undisputed or acknowledged in writing by the seller.
5.6 The customer is authorised to exercise a right of retention only insofar as his counter-claim 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 rectifying the defect.
5.7 Should the customer withdraw from the contract without justification, he is nevertheless obliged to pay the agreed remuneration pursuant to Article 1168 of the Austrian Civil Code (ABGB). Alternatively, the seller is entitled to demand a fixed compensation fee from the customer of 30% of the gross sale price. The seller reserves the right to claim higher damages on submission of corresponding proof.
5.8 Cancellation is expressly excluded in the event of customer-specific special orders. In this situation, the customer is in all circumstances required to pay the full price.

6. Retention of ownership
6.1 All deliveries made by the seller remain the sole property of the seller until full payment of all invoice claims in respect of the amount agreed between the seller and the customer. For the period that the reservation of ownership above is asserted, the disposal, pledging, transfer by way of security or other transfer of the items delivered and covered by the reservation of ownership 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 is required to check the seller’s supplies immediately following delivery with respect to completeness and any defects. The customer must inform the seller of any defects in writing immediately on receipt of the goods by recorded delivery letter or by means of a comment on the delivery note/consignment bill. Concealed defects must be communicated in writing immediately, but at the latest within 3 working days of their discovery. The customer must specify the particular concrete defects and describe these in as much detail as possible; an unsubstantiated assertion of unspecified defects does not satisfy the customer’s obligation to notify the seller of defects.
7.2 If the customer fails to comply with his duty of inspection and notification of defects immediately after receipt of the goods, the goods delivered by the seller are deemed to be free from defects or accepted with any defects. The customer thus loses any existing rights with respect to warranty, compensation and error.  The seller’s warranty obligation expires in any event at the end of the one-year warranty period.
7.3 If, after notification of defects, it emerges that the errors or defects claimed against the seller are not defects as defined under warranty legislation, but result from incorrect or improper use by the customer or other circumstances attributable to the customer’s environment, the seller may charge the customer an appropriate fee (including expenses incurred) for the investigation or examination of the defects the customer has complained about.
7.4 The seller is not liable for faults, malfunctions or damage caused by improper operation by the customer or third parties attributable to the customer.
7.5 If the delivery provided by the seller is defective, the seller must comply with his warranty obligation in the form of improvement/exchange or price reduction/change at its discretion; any further claims by the customer in connection with the seller’s delivery are excluded.
7.6 The warranty period is one year. The seller guarantees that the products are free from manufacturing and material damage.
7.7 In the event of justified and timely complaint about the goods, the warranty is fulfilled at the seller’s discretion either by rectification of the defects or by repair/delivery of replacement item/parts. The customer is obliged to have the seller’s goods returned at his own cost and subsequently have them collected again at his own cost. The assertion of consequential damage caused by a defect, in particular loss of profit, etc. is excluded.
7.8 The right of recourse pursuant to Article 933b of the Austrian Civil Code (ABGB) is excluded.
7.9 A warranty is in place for the goods delivered by the seller only where such warranty has been expressly issued. Customers are informed of the warranty conditions prior to entering into the order process.
7.10 The reversal of the burden of proof at the expense of the seller pursuant to Article 924 of the Austrian Civil Code is excluded. The existence of the defect at the time of delivery, the time of detection of the defect and the timeliness of the notice of defects must be proven by the customer.

8. Liability
8.1 The following exclusions and limitations of liability for damages apply to any liability on the part of the seller, notwithstanding any other legal requirements for claims.
8.2 The seller is liable for damage resulting from injury to life, body or health in accordance with the statutory provisions. The seller is liable for other damage only in the event of wilful or gross negligence. Liability under the Product Liability Act remains unaffected by the provisions above.
8.3 Claims for damages are limited in amount to the order value, excluding taxes. Compensation by the seller for lost profits and purely financial losses by the customer are in all cases excluded.
8.4 Any claim for damages expires 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 customer’s business basis is excluded.

9. Copyright
9.1 The exclusive copyrights and rights of use of the online store, the website of the online store and its content are held by the seller. The customer is obliged to respect the intellectual property of third parties.
9.2 Any use, including the reproduction, modification, distribution, transmission, publication, exhibition or demonstration of the content of the online store and/or the website is prohibited. In particular, the customer is not entitled to copy, download, store and/or sell and/or use for commercial purposes in any way whatsoever the content made available in the online store or on the website of the online store. The customer is permitted to download and save press releases and other content obviously released for download. The online store, its contents including advertising content, as well as the software used in connection with the online store are protected by legal provisions, in particular copyright, trademarks, patents or other rights to protect intellectual property.

10. Contractual language
10.1 The contractual language is German.

11. Choice of legislation, court of jurisdiction and place of fulfilment
11.1 Austrian law applies exclusively, to the exclusion of international referral standards. The provisions of the UN Sales Convention do not apply.
11.2 The place of fulfilment is A-4142 Hofkirchen im Mühlkreis.
11.3 The court of jurisdiction is exclusively the competent court for A-4142 Hofkirchen im Mühlkreis.

12. Severability clause
12.1 Should individual provisions of these GTCs be or become invalid, this does not affect the validity of the remaining provisions and the contracts concluded on their basis. In this event, the invalid provision is replaced by a valid provision which comes closest to the meaning and purpose of the invalid provision, so as to achieve the intended economic purpose.

Hofkirchen im Mühlkreis, am 01.2022