General Terms and Conditions
Unless explicitly agreed otherwise our General Terms and Conditions always apply in the version valid at the time of the respective contract closure, including those transactions in which the order is placed either by telephone or otherwise without writing or using a form and in particular for orders via our Webshop. Should individual regulations of these terms and conditions be ineffective in whole or in part due to mandatory statutory provisions (in particular: provisions of the Consumer Protection Act), the remaining provisions of these terms and conditions remain in effect.
2. Offer – Purchase Order
2.1 Our offers (brochures, catalogs, price lists, web shop …) are non-binding and should be understood as an invitation for you to submit an offer. A contract is concluded through our written order confirmation or through delivery in accordance with the order and is based exclusively on the content of these general terms and conditions, without any need for a special agreement in individual cases. Deviations from these conditions require a written agreement. Upon the acceptance of the delivery, you once again acknowledge the general terms and conditions as binding.
2.2 You can select goods and vouchers from the product range of our online shop and collect them in a shopping cart using the “Add to the shopping cart” button. By clicking on the “Buy now” button, you are automatically sending out an order and making a binding offer to us for a purchase of goods or vouchers collected in the shopping cart. By submitting your order, you agree to our terms and conditions and are bound to them.
2.3 After we have received the order, we will send you an automatic e-mail order confirmation incl. details to the order. This confirmation of receipt does not represent an acceptance of the offer, but only informs that the order has been received by us. You are bound to your order for 2 days after sending this order to us. The statutory right of withdrawal (right of withdrawal) remains unaffected. You will be notified of the day of receipt of your order as part of the confirmation of receipt.
2.4 The purchase contract is only concluded when you receive the confirmation of dispatch via a separate email (for voucher orders by sending the voucher via email). The contract language is German. You will receive the order data, cancellation policy, invoice and our terms and conditions, thus the purchase contract, also sent with the shipping confirmation. You can also view our terms and conditions at any time on our website under General Terms and Conditions. Other legal declarations can be validly transmitted in text form by email or fax.
3.1 Unless otherwise agreed in writing, our list prices valid at the time of your order shall apply as agreed in all cases. The prices quoted include the statutory sales tax (VAT) plus shipping costs according to the type.
3.2 Payment can be made by credit card (MasterCard or Visa), PayPal, instant transfer, prepayment / transfer, or voucher. Payment by sending cash or checks is not possible unless special terms of payment have been agreed in writing in individual cases;
3.3 With the payment methods PayPal and Sofortüberweisung, the purchase price is debited from your account when the order is completed.
3.4 When paying with a voucher, the value will be debited from the voucher after the order has been placed. Even in the case of unintentional delayed payment we are entitled to charge the statutory default interest; claims for proven higher interest shall hereby not be affected.
4.1 Unless agreed otherwise, we deliver within 3 working days after our confirmation of the concluded contract. In the case of different delivery times we refer to the respective product site.
4.2 A late or early delivery does not entitle to claims for damages or to withdraw from the contract. We are not liable for delays caused by unforeseen events such as production, transport, disturbances in the delivery plants of our suppliers and / or force majeure.
4.3 Delivery defects and complaints are to be determined and reported by customers who are entrepreneurs within five working days. Returns that are not based on a justified complaint require our express consent and must be in perfect condition. By returning the goods, you confirm that the goods have been properly stored and transported, especially within the prescribed temperature range.
4.4 Justified complaints do not entitle to withhold the entire amount, but only an appropriate part of the invoice amount.
4.5 We deliver to the delivery address you have given to us, otherwise to your place of business. The type of dispatch and the choice of the delivery route are incumbent on us and take place on an appropriate dispatch route in the usual packaging. Pick-up can be arranged individually.
4.6 Ex-Works (EXW Incoterms 2010) applies to our deliveries to customers who are entrepreneurs.
4.7 When sending out the goods to consumers, the risk of loss or damage of the goods is assignable to the consumer under the condition that the goods are delivered to the consumer or to a third party designated by the consumer other than the usual carrier. However, if the consumer, himself has concluded the transport contract without using one of the options suggested by us, the risk is immediatelly transferred as soon as the goods are handed over to the carrier.
4.8 Packaging and shipping costs
The packaging and shipping costs for deliveries within Austria with advance payment are between € 4.20 and € 6.01, depending on the weight of the goods. For deliveries by cash on delivery there are additional costs of € 6.50 applicable. The packaging and shipping costs for deliveries within Germany with advance payment are currently € 13.93. The prices quoted include the statutory sales tax (VAT). Here you can find more information about our shipping costs.
5. Reservation of title
5.1 The delivered goods remain our property until all of the buyer’s obligations arising from the purchase contract have been paid in full.
5.2 Each pledge or transfer of title of the goods delivered under retention of title in favor of third parties is not permitted without our consent.
6. Notification of defects, warranty
6.1 You must inspect the delivered goods for visible defects immediately after taking over the shipment.
6.2 Visible defects in quality or quantity are to be reported in writing immediately after delivery, hidden defects immediately after discovery, but no later than 5 working days after these times. The type and the scope of the reported defect must be disclosed and supported by evidence. If a complaint about a defect is not made, or not made in the time given, the goods shall count as approved.
6.3 If a justified complaint is made, payments may only be withheld to an extent that is reasonable in relation to the proven defects.
6.4 We are liable for defects notified timely in accordance with the following provisions: We are entitled, to redeliver deliveries or to issue credit notes for outstanding invoice amounts, in our sole discretion and free of charge as the result of circumstances, occurring prior to the day of the transfer of risk, such as: faulty quality and defective workmannship, which makes them unsuable or significantly impaired in their usability. Several new deliveries are permitted. Replaced deliveries become our property. You have to give us the appropriate time and opportunity to carry out all replacement deliveries that we consider necessary, otherwise we are released from liability for defects.
6.5 No liability for defects is assumed for damage caused by unsuitable or improper storage or use, natural wear and tear, incorrect or negligent treatment or storage, etc. The warranty also does not apply if changes are made by you or a third party.
6.6 If the replacement is not possible or has finally failed, or if the improvement is otherwise unreasonably delayed, you can demand withdrawal from the contract, a reduction in the price or a credit note. All further claims are excluded.
6.7 We shall bear the shipping costs for all returns of goods that are rightly rejected. Additional costs for a more expensive shipping method are entirely your responsibility.
6.8 The respective statutory warranty period applies. The presumption according to § 924 ABGB does not apply.
6.9 The customer does not receive any guarantees in the legal sense. Exceptions must be agreed separately in writing.
6.10 If the contractual partner is a consumer, the provisions on statutory warranty apply, in contrast to the above conditions 6.1 to 6.9. The warranty period for the delivery of movable items is 2 years from the date of acceptance of the goods. Complaints based on statutory warranty claims or other complaints can be made by using the contact details given in the imprint.
7.1 The regulations 7.2. and 7.3 apply only to entrepreneurs within the meaning of the Austrian § 1 KSchG.
7.2 You are responsible for the selection of the products and the results intended with them.
7.3 The assertion of claims for damages against us is expressly excluded in cases of slight negligence; this does not apply to personal injury. The injured party has to prove the existence of a further fault. Claims for damages become statute-barred 6 months after knowledge of the damage and the damaging party. As far as legally permissible, we do not assume any liability (not even from the title of warranty) for the effect of the products supplied and the consequences resulting from their use.
7.4 If the contractual partner is a consumer, the statutory compensation regulations apply.
8. Return of goods
8.1 Cancellations, changes to orders or returns are excluded without our explicit consent. The regulations of 8.1. and 8.2 only apply to entrepreneurs within the meaning of the Austrian § 1 KSchG.
8.2 Returns that are not based on a justified complaint require our express consent and must be in perfect condition (with the exception of a cancellation by the consumer).
9. Data protection regulations and changes of address
9.1 We are entitled to collect, process and save all the data related to the business relationship (in particular name, address, telephone and fax numbers, email addresses, order, delivery and billing address, order date, ordered or delivered products or services, number of items, price, delivery dates, payment and dunning dates, name and date of birth of the customer, etc.). Weassure you that all data is treated confidentially and processed exclusively for the reasons of product safety and for marketing purposes (e.g. sending advertising material). They will not be passed on to third parties outside the company. We would like to point out that for the purpose of simplifying the shopping process and for later contract processing within the framework of cookies, your IP data or users data are stored, as well as your name, address and credit card number. There is no data transfer to third parties, with the exception of the transfer of the credit card number to the bank for the purpose of debiting the purchase price. If you do not want to accept cookies, please change your browser settings accordingly. Please note that this can restrict the functionality of the website.
10. Copyright / Right of use
10.1 Contents developed by us (information material, homepage, etc.) are our intellectual property and may not be reproduced or passed on to third parties without our prior explicit written consent. The user agrees to respect the author’s copyrights.
11. Place of performance and jurisdiction
11.1 The place of execution of (return) deliveries and payments is our company headquarters.
11.2 Austrian law is the only applicable (the UN sales law is excluded). If the contractual partner is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence apply to this contract.
11.3 The present terms of sale and delivery remain binding even if individual points are legally ineffective. Instead of an ineffective regulation, the legally or validly reduced, permissible content applies.
11.4 The place of jurisdiction is the functionally responsible court in the location of our company headquarters. If the contractual partner is a consumer, the court jurisdiction is stipulated according to his district of domicile, habitual residence or place of employment.
12. Supplementary provisions for consumer
12.1 If the customer is a consumer, he is entitled in accordance with § 11 FAGG to withdraw from the contract within 14 days without giving reasons