General terms and conditions and customer information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Stefan Fischer) via the website www.tadelaktmanufaktur.com. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
(2) Already with the listing of the respective product on our website, we submit to you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar you can call up the “shopping cart” and make changes there at any time.
After calling up the page “Checkout” and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system as payment method (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, you make the appropriate selection and/or input of your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order you have the possibility to check all data again, to change it (also via the function “back” of the internet browser) or to cancel the purchase.
By sending the order via the “Buy Now” button, you declare your legally binding acceptance of the offer, which results in the contract.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.
§ 3 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall 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.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty provisions shall not apply:
a) Only our own details and the manufacturer’s product description shall be deemed agreed as the condition of the item, but not other advertising, public praise or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless something else results, in particular, from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the warranty period shall not apply:
– culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or grossly negligently;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of objects which have been used for a building in accordance with their usual use and which have caused the defectiveness thereof;
– in the case of statutory rights of recourse which you have against us in connection with warranty rights.
§ 5 Choice of law
(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. customer information
1. identity of the seller
Dorfstraße 63 b/2
Phone: 0043 660 641 3331
Alternative dispute resolution:
The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The language of the contract shall be German.
3.2 The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser’s print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data within the framework of a binding quotation in text form, e.g. by e-mail, which you can print out or save electronically.
4 Essential features of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you unless delivery free of shipping costs has been promised.
5.3 If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you.
5.4 Any costs incurred by the transfer of funds (bank transfer or exchange rate charges) shall be borne by you in cases where delivery is made to an EU Member State but payment has been made outside the European Union.
5.5 The methods of payment available to you are indicated by a button on our website or in the relevant offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
6. Terms of delivery
6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
7. Legal liability for defects
Liability for defects shall be governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Dealer Association who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.
last update: 23.10.2019