GENERAL TERMS AND CONDITIONS
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders placed with the online shop of
Salmstraße 4, 9020 Klagenfurt, Austria
Business leader: Thomas Maierhofer
...and they're not going to do anything about it.
(2) The range of goods offered in our online shop is directed exclusively at buyers who are 18 years of age or older.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is already now contradicted.
(4) The contract language is exclusively German.
(5) You may indicate the currently valid terms and conditions on the website[link].
and print it out.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button[Pay now" /",buy"] you make a binding purchase offer (§ 145 BGB).
(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute an acceptance of your purchase offer. A contract is not yet concluded upon confirmation of receipt.
(4) A sales contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages include the statutory value-added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping Information" /"Terms of Delivery"].
§ 4 Terms of Payment; Default
(1) Payment is optional:
Invoice in advance,
Cash on delivery,
Paypal or direct debit.
(2) The selection of the respective available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only prepayment to cover our credit risk.
(3) If you choose the method of payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) For cash on delivery an additional fee of[X] EUR, which the deliverer charges on site. There are no further costs and taxes.
(5) When paying by credit card, the purchase price reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account takes place at the time when we send the goods to you.
(6) When paying with PayPal you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) In the case of payment by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to lack of account funds or due to incorrect bank account details provided by you.
(8) If you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher loss is proven in an individual case.
§ 5 Set-off/right of retention
(1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in close synallagmatic relation to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) Orders are only possible to Germany. A tax is only levied in quantities that are customary in the budget.
(3) The goods remain our property until the purchase price has been paid in full.
(4) In exceptional cases, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part but have not received correct or timely deliveries (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact without delay. Furthermore, we must not have assumed the risk of procuring the ordered goods. In the event that the goods are not available, we will immediately reimburse any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(5) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
We reserve title to the goods until all claims from the current business relationship have been settled in full.
Pledging or transfer by way of security is not permitted before transfer of ownership of the reserved goods.
You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount which accrue to you from the resale. We accept the assignment, but you are entitled to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We committed ourselves to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10 %. We shall be responsible for selecting the securities to be released.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. make the purchase for purposes that cannot be attributed predominantly to your commercial or self-employed professional activity, you have a right of revocation in accordance with the following provisions.
right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took or has taken possession of the goods.
To exercise your right of revocation, you must send us
Address: Salmstraße 4, 9020 Klagenfurt,Austria
Phone: +43 (0) 6645420211
by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract,
to inform you. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
In order to comply with the revocation period it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period.
model withdrawal form
If you wish to cancel the contract, please fill out and return this form.
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable.
End of the revocation instruction
(1) The right of revocation does not exist
for the supply of goods which are not prefabricated and for the manufacture of which the consumer has an individual choice or destination or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), or
in the case of delivery of sealed goods, which have been delivered on the basis of the
health protection or hygiene are not suitable for return if their sealing has been removed after delivery.
(2) Please avoid damage and contamination. Please return the goods as far as possible in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) Before returning the goods, please call us at +43 (0) 6645420211 to inform us of the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Damage in transit
(1) If goods with obvious transport damage are delivered, please complain about such errors immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the freight forwarder or transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Civil Code (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the
Period of limitation for warranty claims for used goods - notwithstanding the statutory provisions - one year. This
Restriction does not apply to claims for damage resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as to claims for other damage based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public advertising and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date. In the event of a breach of the duty of inspection and inspection, the assertion of claims for warranty is excluded.
In the event of defects, we shall, at our discretion, either remedy the defect or provide a replacement delivery (subsequent performance). In the event of rectification, we are not obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
If subsequent performance fails twice, you may, at your discretion, demand a price reduction or withdraw from the contract.
The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, body and health of persons.
(2) For the rest, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). The liability for slight negligence is limited to the damage foreseeable at the time of conclusion of the contract
Emergence typically has to be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes related to their online ordering without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/.
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration and unfortunately can not offer you participation in such a procedure.
§ 12 Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(2) Contracts between us and you are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.