General Terms & Conditions

THIS IS A NON-BINDING TRANSLATION OF THE GERMAN PAGE “ALLGEMEINE GESCHÄFTSBEDINGUNGEN”

 

1. Scope

The following General Terms and Conditions (“GTC”) in the currently valid version apply to all services and legal transactions between Florian Oberparleiter (“entrepreneur” for short) and the contracting party (“customer” for short). The product range in the webshop is exclusively aimed at consumers in the sense of the Austrian Consumer Protection Act (Konsumentenschutzgesetz).

Upon conclusion of the contract (see point 3), the customer accepts these Terms and Conditions in a legally binding and comprehensive manner. The inclusion of general Terms and Conditions or Contractual Terms of the customer, which deviate from these general Terms and Conditions, will be rejected, unless these are expressly acknowledged by the entrepreneur.

These GTC also apply to future legal transactions of the customer with the entrepreneur, even if it is not referred to specifically.

Verbal agreements, in particular promises of employees of the entrepreneur, always require a written confirmation.

2. Contract Conclusion

The presentation of goods in the webshop of the entrepreneur does not constitute a binding offer, but is merely an invitation to the customer to make an offer themself. By completing the order page, accepting these Terms and Conditions and the Privacy Policy and then clicking on the order button, the customer makes a binding offer to conclude the contract. The customer is bound to the order for 7 days, within this period, the entrepreneur can accept the order.

After ordering, the customer will receive an automatically generated email confirming the receipt of the order. This confirmation of receipt (order confirmation) does not constitute acceptance of the contract by the entrepreneur.

The contract is considered concluded if the entrepreneur has sent a written order confirmation or a delivery within 7 days after the order. In the latter case, the customer receives a written confirmation from the contractor when the goods have left the warehouse. Silence of the entrepreneur is not an agreement.

The entrepreneur is entitled to refuse acceptance of the order without stating reasons. If the order includes several articles, the contract is concluded only on those articles that are expressly stated in the order or shipping confirmation. If the contract (partially) does not materialize, a possible advance payment of the customer will be refunded accordingly.

Subsequent changes and additions to the contract or the order by the customer require the written confirmation of the entrepreneur to be valid.

Information from the website, price lists, etc. and other written or oral statements are only relevant if expressly referred to in the order or shipping confirmation. Descriptions of the delivery items and technical details are not binding and are not considered a guarantee of certain characteristics.

Special instructions of the customer, for example with regard to dates, discounts or the like, are only considered as non-binding suggestions until the express written confirmation by the entrepreneur.

The content of an order or shipping confirmation must be checked by the customer. The customer is obliged to immediately notify any deviations from the order submitted in writing. Otherwise, the legal transaction is only valid with the content of the order or shipping confirmation of the entrepreneur.

The statutory right of withdrawal of the customer (point 3.7.) Remains unaffected by the above regulations.

3. Prices and Utilities

The prices quoted in the webshop are in euros including VAT and excluding shipping costs unless expressly agreed otherwise.

For security reasons, every order process is limited to a maximum order value of € 500,00 (without additional costs).

Any additional costs, such as foreign currency charges, transfer fees or other fees and expenses from own bank have to be covered by the customer (SHA – splitting of fees)

The provisions on the statutory right of withdrawal according to point 3.7. remain untouched.

4. Terms of Payment

The customer has the possibility to pay by “Sofortüberweisung”, advance payment, PayPal or credit card (Visa, Mastercard, American Express).

When paying by “Sofortüberweisung”, the customer fills out the payment form of the payment service provider and thereby makes an automated transfer directly from their online bank account. The amount is transferred immediately and directly to the bank account of the entrepreneur. The customer may incur fees for this transaction from one’s bank.

If the customer has chosen to pay in advance, they are obliged to transfer the invoice amount immediately after receipt of the order confirmation. The invoice amount must be credited to the entrepreneur’s account within 5 days, otherwise the customer will be in default of payment. In the event of late payment, the entrepreneur is entitled to charge the customer default interest at 10% p.a. The assertion of further rights and claims remains unaffected.

If paying by credit card, the credit card will be charged upon completion of the order. The entrepreneur is entitled to charge the customer a lump sum payment of € 30.00 for chargeback costs and processing costs if the amount to be paid by the customer (e.g. due to insufficient credit card or account coverage) cannot be finally credited and subsequently is charged back. The above damage flat rate applies only if the entrepreneur cannot prove a higher or the customer a lower damage in the individual case. Further legal rights and claims remain unaffected.

The customer agrees to receiving the invoice electronically.

5. Offsetting

The customer is not entitled to offset own claims against claims of the entrepreneur, unless the claim of the customer has been recognized by the entrepreneur or legally determined by a court of law.

6. Retention of Title

The entrepreneur reserves the title to all goods delivered until full payment of the respective invoice amount plus interest and shipping costs. In case of late payment, the entrepreneur is entitled to demand the goods back.

The customer is obliged to store the goods subject to retention of title carefully and to treat them with care. The customer bears the entire risk for the reserved goods, in particular the risk of loss or deterioration.

In the event of resale of the goods subject to retention of title prior to full payment, the customer hereby assigns, without the demand for any further declaration, the claims arising from the resale of the goods against their customer for the repayment of all claims including ancillary claims up to the amount of the entrepreneur’s outstanding claim. This assignment also applies mutatis mutandis to the case of processing, connection or mixing of the goods.

The customer is not entitled to pledge or transfer ownership of the goods subject to retention of title and may not otherwise dispose of them in favor of third parties. The customer must immediately inform the entrepreneur of the initiation of insolvency proceedings concerning their assets or the seizure of the goods subject to retention of title and to take all necessary steps to safeguard the interests of the entrepreneur. Any access by third parties to the goods, in particular in the case of foreclosure measures, any damage, other extraordinary impairments or the destruction of the goods shall be notified to the entrepreneur by the customer without delay. In the event of a breach of these obligations, the customer shall reimburse the entrepreneur for all resulting damages and costs.

7. Delivery

Place of performance is the registered office of the entrepreneur. The entrepreneur is entitled to carry out partial or pre-deliveries and to charge for them.

Delivery times and dates announced by the entrepreneur are adhered to as far as possible, however – with the exception of expressly agreed by the entrepreneur fixed transactions – non-binding and calculated from the date of order confirmation or payment by advance payment not before crediting the invoice amount to the account of the entrepreneur.

In the event of unpredictable or party-independent circumstances that hinder compliance with the delivery deadline, this shall be extended for the duration of these circumstances. These include, in particular, cases of force majeure, armed conflicts, official interventions and prohibitions, delays in transport and customs clearance, transport damage, shortages of energy and raw materials, labor disputes and the loss of a material, hard-to-replace supplier. These circumstances also entitle to extend the delivery period if they occur with the suppliers. If delivery becomes impossible for such reasons, the entrepreneur is released from his obligation to deliver. If the delivery is delayed for reasons for which the customer is responsible, the deadline is deemed to be forfeited if the entrepreneur notifies the supplier of readiness for delivery.

In the case of exceeding an expressly agreed delivery period, the customer can withdraw from the contract, provided that he has granted the entrepreneur a reasonable grace period.

Any claims for damages, covering purchases or any other claims for a delay in delivery cannot be accepted not matter weather the entrepreneur is responsible or not responsible.

The customer is obliged to accept the delivered goods, including partial deliveries. Any defects discovered during the acceptance do not entitle the contracting party to refuse acceptance, but must be asserted within the scope of the warranty. If the goods are not accepted, the entrepreneur is entitled to store the goods against reimbursement of costs. The agreed price is due in any case after the collection period.

8. Cancellation Policy

Right of Withdrawal

The customer has the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the date on which the customer or a third party named, who is not the carrier, has taken possession of the goods.

To exercise the right of withdrawal, the customer has to inform the entrepreneur about their decision to revoke this contract with a clear written statement (by mail or e-mail) to

Florian Oberparleiter, Niederbrunnernstraße 16, 4522 Sierning, Austria
or office@florian-oberparleiter.com

For this purpose, the customer can use the attached template withdrawal form, but which is not mandatory.

To respect the cancellation period, it is sufficient that the customer sends the notice about the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If the customer cancels the contract, the entrepreneur will have to pay back all payments received from the customer, including delivery costs (with the exception of the additional costs arising from different delivery costs than that offered by the entrepreneur i.e. the most favorable standard delivery), immediately and at the latest within fourteen days from the day on which the notice of cancellation of this contract by the customer has been received by the entrepreneur. For this repayment, the entrepreneur uses the same means of payment used by the customer in the original transaction, unless otherwise expressly agreed. In no case will the customer be charged by the entrepreneur for repayment fees.

The entrepreneur may refuse repayment until he has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier.

The customer must return or hand over the goods immediately and in any event not later than fourteen days from the day on which he notifies the entrepreneur of the cancellation of this contract.

The deadline is met if the customer sends the goods before the expiration of the period of fourteen days.

The customer bears the immediate costs of returning the goods. The customer has to pay for a possible loss of value of the goods only if this loss of value is due to a handling of goods which is unnecessary for the purpose of checking the nature, properties and functioning of the goods.

END OF REVOCATION

Model Withdrawal Form

If the customer wishes to revoke the contract, he has the option of filling in the form below and returning it to the entrepreneur:

To
Florian Oberparleiter
Niederbrunnernstraße 16
4522 Sierning

Austria
Email: office@florian-oberparleiter.com

I hereby revoke the contract I have concluded for the purchase of the following goods / services (please delete where inapplicable):

Goods / services:
Order date:
Delivery date:
Name of the consumer:
Address of the consumer:

Date:

Signature of the consumer:

(only on message on paper)

9. Warranty

Any warranty rights of the customer are determined by the relevant statutory provisions.

For descriptions of third parties, especially in the context of published customer reviews, the entrepreneur assumes no liability.

The statutory right of revocation (Item 3.7.) and rights from possibly separately delivered or the goods attached warranty statements remain unaffected in any case.

10. Disclaimer

Insofar as this does not violate mandatory law, the contractor shall only be liable in the event of intent or gross negligence for the compensation of damages. In particular, for slight negligence, indirect damages, lost profits, interest losses, omitted savings, consequential and financial losses, damages from claims of third parties and for damages caused by improper use, natural wear, faulty or negligent treatment or storage is liable, the entrepreneur is not.

Any liability is typically limited to foreseeable damages associated with the contract and limited in amount to the value of the contract, but not exceeding the liability limit of the employer’s liability insurance.

Liability for defective products and consequential damage resulting therefrom is for the contractor and its suppliers only within the framework of the mandatory provisions of the Product Liability Act. Protective effects in favor of third parties arising from the contract are excluded.

11. Copyright and Usage Rights:

The content published on the website www.florian-oberparleiter.com is protected by copyright and may not be altered, copied, republished, transmitted, distributed or stored without the express written consent of the entrepreneur. The contents may only be used for private, non-commercial purposes under strict consideration of copyrights. In particular, the content may not be disclosed to third parties. The storage or archiving of the retrieved content for the purpose of further distribution on the Internet or via other media as well as any publication of the retrieved content without the consent of the owner is expressly prohibited. The customer is not entitled to remove the copyright notices, trademarks and other legal reservations in the retrieved content and is obliged to ensure the recognition of authorship.

12. Jurisdiction and Law:

The contract is governed by Austrian law, excluding the referral norms of substantive uniform law, in particular the UN Sales Convention on the International Sale of Goods. The place of jurisdiction is – unless this is contrary to mandatory law – exclusively the relevant court in Linz, Austria, as agreed.

13. General:

The contract language is German, as agreed. Any translations of these Terms and Conditions in languages other than German are for informational purposes only and are not binding.

The entrepreneur is entitled to unilaterally change these GTC, as far as this is necessary to eliminate subsequently arising equivalence disturbances or to adapt to changed legal or technical conditions. The customer will be notified about a change via the last known email address of the customer, showing clearly the contents of the amended regulations. The change becomes an integral part of the contract if the customer does not object in writing to the contractor within six weeks after receipt of the notice of amendment of the inclusion in the contractual relationship.

If individual provisions of these GTC or the contract should be ineffective, the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by a valid one that comes closest to the intended objective.

Documents (e.g. invoices, rejection of the order, etc.), which are sent to the customer to the last known email address, shall in any case be deemed to have been received, unless the customer has demonstrably notified the entrepreneur in writing of a change in  email address.