General terms and conditions
§ 1 Scope and provider
- These terms and conditions apply to all orders you place in the webshop www.rechbergrennen.co.at.
- The goods offered in our web store are intended exclusively for buyers who have reached the age of 18.
- 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 that contradict our general terms and conditions is already objected to now.
- The contract language is exclusively German.
- You can access and print the currently valid General Terms and Conditions on the website.
- The settlement is made in Euro.
- The contract data is stored for invoicing and can be viewed by the customer at any time via login.
§ 2 Conclusion of contract
- The presentation of goods in the web store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
- By clicking the button “Buy now” you make a binding offer to purchase.
- After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
- A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we ship 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 are exclusive of VAT. of the respective shipping costs.
§ 4 Terms of payment; Default
- The payment takes place alternatively: Prepayment via Sofortüberweisung or EPS or via credit card (Mastercard or Visa).
- Upon payment, the purchase price will be reserved on your credit card at the time of the order (“authorization”). The actual debit to your account will occur at the time we ship the goods to you.
- At least 128 bit SSL encryption available, when transferring sensitive data with instant bank transfer, credit card, etc.
- If you fall into arrears with a payment, you shall be obliged to pay the statutory interest on arrears at a rate of 4 percentage points above the prime rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Offset/Retention Right
- You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
- You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
- Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify by Austrian post.
- The goods remain our property until full payment of the purchase price.
- Delivery times are indicated per product in the store, but are never longer than 30 days.
- If you are an entrepreneur, the following applies additionally:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
- 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, but you are authorized to collect the claims. Insofar as 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 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.
- We undertake to release the securities to which we are entitled upon request to the extent that the realizable 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/Right of Withdrawal
The sale of tickets for a concert, musical, theater, sports or other leisure event does not constitute a distance contract within the meaning of § 312 g para. 2 No. 9 BGB. This means that tickets are excluded from exchange and return.
§ 8 Transport damage
- If goods are delivered with obvious transport damage, please claim such defects immediately to the delivery person and contact us as soon as possible.
- Failure to make a claim or contact us will not affect your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
- Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales.
- If you are a consumer, the limitation period for warranty claims for used goods is – in deviation from the statutory provisions – one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
- Otherwise, the statutory provisions shall apply to the warranty.
- If you are an entrepreneur, the statutory provisions apply with the following modifications:
- Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any 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 later from the time of discovery. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
- The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, with the completion of the service. In the case of justifiably objected defects, either free replacement or improvement shall be made, for which a reasonable period of time shall be granted. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion).
- If possible, any defects that occur must be notified upon delivery or after they become visible, whereby a consumer’s failure to notify the supplier upon delivery or after they become visible shall not affect the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.
§ 10 Liability
- Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
- In other respects, the following limited liability shall apply: 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 is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
- In the case of shipment of goods in consumer transactions, the risk of loss or damage to the goods shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a selection option suggested by us, the risk shall pass to the carrier as soon as the goods are handed over.
§ 11 Arbitration Board
We undertake to participate in the arbitration procedure of the Internet Ombudsman’s Office in the event of disputes:
Internet Ombuds Office, Margaretenstraße 70/2/10, A-1050 Vienna
More detailed information on the types of procedure is available at www.ombudsstelle.at or in the respective procedural guidelines:
- Procedural Guidelines of the Internet Ombudsman’s Office for Alternative Dispute Resolution under the German Income Tax Act (AStG Arbitration Procedure)
- Guidelines for the Conciliation Procedure at the Internet Ombudsman’s Office Outside the Scope of the AStG (Standard Procedure)
For the settlement of disputes with our company, the OS platform can also be used: http://ec.europa.eu/consumers/odr
Our email address: firstname.lastname@example.org
§ 12 Applicable law, place of jurisdiction
The contracting parties agree on the application of Austrian law. If the consumer has his domicile or habitual residence in the country or if he is employed in the country, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
For contracts with companies, our registered office is agreed as the place of jurisdiction.
§ 13 Final provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between you and us shall be governed exclusively by Austrian law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between you and us shall be the courts of the Federal Republic of Germany.