Terms & Conditions
Terms & Conditions
§ 1 Scope
(1) With regard to the legal relationships established via this internet shop between the shop operator (hereinafter referred to as "provider") and his customers, only the following General Terms and Conditions apply in the version valid at the time of the order.
(2) The customer's conflicting general terms and conditions are expressly rejected.
§ 2 Contract conclusion
(1) The presentation of goods in the internet shop does not constitute a binding offer on the part of the provider with regard to concluding a purchase contract. The customer is merely invited to make an offer by placing an order.
(2) By submitting the order in the internet shop and paying the purchase price, the customer makes a binding offer that aims to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these Terms and Conditions as the sole standard for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. Said order confirmation is solely intended to inform the customer that the order has been received by the provider and does not yet constitute acceptance of the contract offer on the part of the provider. The contract offer is only accepted upon delivery of the good - either in part or in full, depending on the scope of the delivery - or through an express declaration of acceptance provided by the provider; thus, the corresponding purchase contract is only concluded at this point in time.
§ 3 Prices
(1) Generally, the purchase price derived from the current brochures, catalogues, price lists, webshop and similar publications put out by the provider is considered as the accepted purchase price for the ordered goods.
(2) If not otherwise indicated, prices do not include costs and fees that arise in connection with shipping and also do not include VAT.
(3) If export or import fees become due during the shipping process, said fees are also at the customer's expense.
(4) With regard to customers outside of the EU, said customers must pay the relevant national import fees.
§ 4 Payment conditions
(1) Delivery of goods occurs only upon receipt of payment.
(2) All prices are indicated in euros.
((3) In the event of delayed payment, the legally stipulated default fees will be charged. For non-companies said charges amount to 4% per year; for companies the charges are 8% over the ÖNB's base interest rate.
(4) Furthermore, in the event of delayed payment the customer is obligated to refund to the provider any and all reminder fees and collection fees that arise as a result of delayed payment and/or that are required for any associated prosecution. The provider reserves the right to enforce higher damages caused by delay.
§ 5 Warranty
(1) To the extent not otherwise stipulated, the customer's warranty claims are determined based on general legal regulations. Provision § 6 of these General Terms and Conditions applies to any possible customer claims for damages made against the provider.
(2) The statute of limitations for the customer's warranty claims with regard to consumers is 1 years for new products and 2 months for used products.
(3) (3) In the event that the delivered good is defective, the customer has the right to priority improvement or replacement. If replacement or improvement is out of the question (impossible, unreasonable, infeasible), then the customer has the right to a price reduction or - if the defect is not insignificant - contract dissolution (cancellation). Compensation for consequential damage (caused by defect) as well as all other damage to property, financial loss, or third-party damages against the customer is excluded.
(4) The provider does not issue a guarantee.
§ 6 Disclaimer
(1) The customer's claims for damages are excluded to the extent not otherwise stipulated below. This disclaimer also applies in favor of the provider's legal representatives and agents to the extent that the customer makes claims against said representatives and agents.
(2) Precluded from the disclaimer defined in Clause 1 are claims for damages based on injury to life, body and health. Also precluded from the disclaimer is liability for damages that are based on willful or grossly negligent violation of obligations on the part of the provider or his legal representatives or agents.
(3) The provisions in the law on product liability are not affected by this disclaimer.
§ 7 Delivery conditions
(1) Normally, delivery is made within 7 workdays from the time the customer places the order, but no later than within 30 days from the order date. The provider will immediately inform the customer if the provider is unable to complete an order - for example if the product is unavailable.
(2) Delivery is made to the address provided by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, the customer is responsible for all corresponding costs that arise.
§ 8 Reservation of proprietary rights
The delivered good remains the property of the provider until the customer has made payment in full.
§ 9 Prohibition of assignment and pledging
To the extent that the customer does not provide evidence of a legitimate interest in an assignment or pledge, the customer is prohibited from assigning or pledging claims or rights to which the customer is entitled vis-à-vis the provider to third parties without the provider's consent.
§ 10 Set-off
The customer only has set-off rights if his set-off claim has been determined to be legally valid or is uncontested.
§ 11 Choice of law and place of jurisdiction
(1) Austrian law applies to the contractual relationships between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. Application of the United Nations Convention on Contracts for the International Sale of Goods is precluded.
(2) The place of jurisdiction for all contractual disputes between the customer and the provider is the provider's registered office to the extent that the customer is a merchant, a corporate body under public law, or a special public fund.
§ 12 Severability clause
If a clause in these General Terms & Conditions is deemed invalid, the validity of the remaining clauses is unaffected.