Terms of service
Terms and Conditions
§ 1 In General
Our Terms and Conditions apply to all services offered via our website and are thus a key component of our contracts. Any deviations thereto are only binding if they have been concluded with us in writing.
§ 2 Offers
All our offers are non-binding.
§ 3 Retention of Title
We retain ownership of all goods until full payment has been received.
§ 4 Transport
Unless otherwise agreed, goods will be shipped at the customer’s expense and risk. We will select the type of shipping and packaging which we deem most favourable.
§ 5 Delivery Period
The delivery period stated by us commences when the order has been placed and will expire upon the day of dispatch, i.e. when the shipment is ready for dispatch.
§ 6 Warranty
For the duration of 24 months from delivery we warrant that the goods delivered correspond to the descriptions made and that they are free from faults that would nullify or impair their suitability. No consideration shall be given to an insignificant reduction. Should a fault occur despite goods having been used in accordance with the contract, the customer shall be obliged to immediately inform us – at the latest within 7 days and upon our request in writing – and provide us with the information we need to rectify the fault. The customer is obliged to undertake all reasonable effort to assist us in the rectification of the fault.
The customer may stipulate a reasonable period of time for the rectification of the fault. If this period expires to no avail, the customer may request a reduction in payment or rescind the contract, provided that the respective requirements under statutory law are met.
The warranty shall expire if any of the goods have been altered or tampered with by the customer, unless the customer can prove by means of fault reporting that his usage was not the cause of said fault.
If the efforts we undertake prove that no fault exists, we shall be entitled to claim reimbursement from the customer for the work involved.
§ 7 Compensation
We shall only be held liable for compensation of damages if we are found responsible for intent or gross negligence. A claim for compensation shall in any case be limited to the invoice value of the goods in question.
§ 8 Payments
Unless otherwise agreed, the customer is obliged to pay invoices within 14 days. In case of a payment default, interest on arrears amounting to 1% per month shall be charged in addition to expenses for reminders and collection costs.
All prices shall be subject to the value-added tax at the relevant legal rate.
§ 9 Set-offs
Set-offs with counterclaims against our claims shall not be permitted, unless they have otherwise been declared legally binding in a court of law or we explicitly acknowledge them.
§ 10 Special Provisions for Consumers
Consumers as defined by the Consumer Protection Act may exercise their right of rescission by withdrawing from a distance sales contract or from a contractual declaration made via distance selling up until the expiry of the deadlines stated below. Mailing the respective written rescission notice within this period shall suffice.
The 7-day rescission period covers seven working days and commences on the day of receipt by the consumer. A Saturday, however, does not count as a working day.
In case of a rescission, the purchase price shall only be refunded if the goods are returned in their original packaging and in a resalable condition.
The right of rescission is restricted in accordance with statutory provisions and therefore does not apply to contracts that cover
1. the supply of services to the consumer which commence within seven working days from concluding the contract or
2. goods which were manufactured in accordance with customer specifications and which clearly meet personal needs and which, by their very nature, are not suitable to be returned, are either perishable goods or goods which sell-by-date has expired.
§ 11 Lesion Beyond Moiety
The applicability of § 934 ABGB (Austrian Civil Code) is explicitly excluded.
§ 12 Data Protection
The customer agrees that we may use data he has provided to inform him of further and new offers and submit advertisements via mail, email, SMS, fax or telephone. The customer has the right to object to receiving such information at any time.
§ 13 Applicable Law & Place of Jurisdiction
The Austrian law shall apply under exclusion of contradictory reference provisions. The place of jurisdiction and fulfilment is Gols. If the customer is a consumer as defined by the Consumer Protection Act, such local court shall have jurisdiction over disputes that is responsible for the district in which the consumer’s place of residence, habitual residence or employment is located.