General Terms and Conditions of Business (“GTC”)

Section 1
GENERAL TERMS AND CONDITIONS

1. Basic provisions

(1) The following terms and conditions (hereinafter: “GTC”) apply for all contracts concluded via the online shop www.WienerSchlegel.at and entered into with me, Manfred Kaufmann (“WienerSchlegel”). Unless otherwise agreed, the inclusion of your own conditions is objected to.

2. Conclusion of the contract

(1) The contractual object is the sale of goods. My product representations on the Internet are non-binding and do not constitute a binding offer for the conclusion of a contract.

(2) You can select goods from the range in my online shop and submit a binding offer to purchase (order) using the buttons” into the shopping basket”, “to checkout” and “place binding order”. Before submitting the order, you can amend and view the data at any time. With the “place binding order” button, you must also agree to the general terms and conditions, the data privacy policy and the revocation form and make a binding offer to purchase the goods contained in the shopping basket. Once the ordering process is complete, you will receive an automated email confirming receipt of your order. This mail merely constitutes a confirmation of the receipt of the order and not yet an acceptance of the contract. The offer is accepted through the shipping of the goods or through the sending of the invoice.

(3) The order is processed and the all information required in connection with the conclusion of the contract is transmitted via email. You are therefore required to ensure that the email address provided by you is correct, that it is technically possible to receive mails and in particular that this is not prevented by SPAM filters.

3. Special agreements on the types of payment offered

(1) Payments

For the completion of your payment, you authorise me to pass on your data to STRIPE Payment for the purposes of credit checks and the conducting and processing of payment.

4. Retention of title

(1) I retain ownership of the goods until full payment of the purchase price.

5. Company-related business

(1) All transactions that are part of a company’s operations are referred to as company-related business.

(2) According to Section 1 paragraph 2 UGB, a company is any permanent organisation of independent economic activity, whether or not profit-making. An entrepreneur is a person who operates a company.

(3) If you are an entrepreneur, the following applies additionally:

1. a. I reserve ownership of the goods until all receivables arising from the current business relationship have been fully offset.
2. b. You are obliged to check the goods immediately and with due diligence for deviations in quality and quantity and to notify me of obvious defects in writing within 7 days of receipt of the goods; in order to meet the deadline, the timely dispatch is sufficient. This also applies to hidden defects identified later from the date of their discovery. In the event of a breach of the obligation to investigate and report defects, the assertion of the warranty claims is excluded.
3. c. The warranty period is six months from delivery of the goods. If the defect occurs within 6 months of dispatch, it is generally assumed that the defect was already present at the time of delivery. After the end of 6 months, the buyer must prove that the defect was already present at the time of delivery at least generally.

6. Copyright

(1) All elements of the Wienerschegel.at website are protected by copyright and are exclusively the property of Manfred Kaufmann. The retrieval, copying, saving and/or editing of content of the website, whether in whole or in part, may be undertaken for private use only. If elements are reproduced partially or wholly in any form – electronically or in writing – the explicit mention and the permission of Manfred Kaufmann is required. Copyright notices, trademark names and other legally protected designations must not be altered or removed. Full or partial reproduction or use for public or commercial purposes is prohibited without the prior written consent of Manfred Kaufmann. The copyrights of third parties are reserved.

7. Right of withdrawal/revocation

(1) As a consumer, you have the right to cancel this contract within fourteen (14) days without giving reasons (Section 11 paragraph 1 FAGG). The withdrawal period begins on the date on which the consumer or a third party designated by the consumer, who is not a carrier, has obtained the physical possession over the goods or, in the case of delivery of several goods, on the date on which the last product is received from the order placed. The provisions of the Remote and External Business Act (FAGG) apply.

(2) In order to exercise your right of revocation, you must contact me in time – by means of a clear explanation of your decision to revoke this contract – (e.g. a letter sent by post or by e-mail).

Please use the following address:

Manfred Kaufmann

Enzianweg 1b, 2353 Guntramsdorf, Austria

You can use the attached sample revocation form for this purpose.

(3) If you revoke a contract, we must refund all payments (including delivery costs) immediately, but no later than fourteen days from the date on which we received the notification of your revocation. For this repayment, we use the same means of payment that you used for the original transaction.

(4) The direct costs of returning the goods must be borne by the consumer in accordance with Section 15 paragraph 2 FAGG. The consumer must ensure that the goods are returned immediately, but no later than 14 days from the date on which the declaration of revocation was made. The returns deadline is met if the goods are sent within this period.

8. Pricing and shipping

(1) All prices are shown in Euros and are exclusive of shipping costs. Should export or import duties be incurred in the course of shipping, these are deemed to be in the customer’s area of responsibility and must be borne by him/her.

(2) “WienerSchlegel” takes the utmost care when accepting and processing orders and delivers your order to a home address or post office in Austria, in accordance with the delivery option you have chosen. You can choose between the FedEx Corporation and DHL for international shipping; we use the Austrian Post Office for domestic shipping.

(3) You will be clearly informed of the international shipping costs at the latest before you click on the “place binding order” button. The standard domestic shipping rates depend on weight and are based on the official rates of the “Österreichische Post AG”.

9. Liability

At the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Manfred Kaufmann, Wienerschlägel, is therefore liable for neither the constant nor uninterrupted availability of the website and the services offered there.

10. Jurisdiction, place of performance

(1) Austrian law applies exclusively.

(2) Exclusive place of performance and jurisdiction is Vienna.

11. Severability clause

(1) In the event that any provision of these Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected.

12. Amendment of the Terms and Conditions

(1) To the extent necessary to adapt to changing legal or technical conditions, we are entitled to unilaterally amend these Terms and Conditions. I shall inform the customers about such amendments by sending notification of the amended content to the last known email address. Unless the customer expressly objects within six weeks of receipt of the amendment notification, the amendment becomes a component of the contract.

13. Data protection

(1) Provisions on data privacy can be found in our Data Privacy Policy.