General Terms and Conditions
General Terms and Conditions
1. scope of application
1.1 These General Terms and Conditions of Harald Stallegger, trading as Harald Stallegger Schärftechnik, Untermühlham 14, 4891 Pöndorf, Austria, hereinafter referred to as the Seller or we, apply to all contracts for the delivery of goods that a consumer or entrepreneur, hereinafter referred to as the Customer, concludes with the Seller with regard to the goods presented by the Seller in its online shop.
1.2 The General Terms and Conditions apply in the version valid at the time the contract is concluded. Conflicting or supplementary general terms and conditions of customers shall only become part of the contract if we have expressly agreed to them.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
2.3 The seller may accept the customer's offer within five days,
2.3.1. by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
2.3.2. by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
2.3.3 By requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 Our products displayed online do not constitute a legally binding offer, but are to be understood as an invitation to submit an offer. You can select products and place them in your shopping basket without obligation. You can make corrections during the order process before sending the order and remove products from the shopping basket. You place a binding order for the products in your shopping basket by clicking on the "Buy" order button. You will receive confirmation of receipt of your order by e-mail immediately after sending the order.
2.5 In the case of purchase on account, the contract is concluded when you click on the order button and we send you the dispatch confirmation by e-mail. In the case of advance payment, the contract is concluded when you click on the order button and we send you the advance payment request with your bank details. If the contract is not concluded within 14 days of receipt of the order confirmation by the customer, the customer is no longer bound by his order.
2.6 If we are unable to accept your offer, we will inform you that the product is not available and therefore your offer cannot be accepted.
2.7 We save the text of the contract. Your order data and these General Terms and Conditions will be sent to you by e-mail. We will also provide you with a copy of the order data on request.
2.8 The contract language is exclusively German. Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 All prices include the statutory value added tax. Shipping costs may be added to the product prices quoted. You can find more information on the amount of shipping costs in the respective product offer.
3.2 We reserve the right not to offer all payment options to all customers. Payment options may be limited, especially for customers outside of Austria.
3.3 In the case of purchase on account, the invoice amount is due for payment immediately upon receipt of the invoice and must be paid by you by bank transfer or in cash at our registered office.
3.4 If you purchase in advance, we will inform you of the bank details in a separate e-mail and deliver the goods after receipt of payment. If we are unable to record receipt of payment within 14 days of sending the prepayment request, your order will be cancelled.
3.5 When importing goods to countries outside Austria, export restrictions may apply and import duties and taxes may be incurred which you must pay. These may vary in different customs territories. You are responsible for the proper payment of the necessary customs duties, taxes and fees.
4. reservation of title
The goods shall remain our property until the purchase price and all associated costs and expenses have been paid in full.
5 Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.
6. liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects shall apply. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.
If the customer is an entrepreneur, the provisions of Sections 373 et seq. of the Austrian Commercial Code (UGB) shall apply (in particular with regard to the notification of defects).
7 Applicable law
The law of the Republic of Austria shall apply to all legal relationships between the parties. 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 in which the consumer has his habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8 Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. In this context, we are legally obliged to inform you of our e-mail address. This is: .....................
The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
9. right of cancellation
9.1 Consumers have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In the case of a uniform order of several goods which are delivered separately or in the case of a contract for the delivery of goods in several partial shipments, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, the last partial shipment or the last item.
9.2 To exercise the right of cancellation, you must inform Harald Stallegger Schärftechnik, Untermühlham 14, 4891 Pöndorf, Austria, phone: [insert number], e-mail [insert address], of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
9.3 In order to comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
9.4 If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will the consumer be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earliest.
9.5 The consumer must return or hand over the goods to Harald Stallegger Schärftechnik, Untermühlham 14, A-4891 Pöndorf, immediately and in any case within 14 days at the latest from the day on which he informs us of the cancellation of this contract. The deadline is met if the consumer sends the goods before the expiry of the fourteen-day period. The consumer shall bear the direct costs of returning the goods. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Appendix: Sample cancellation form
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To Harald Stallegger sharpening technology
I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
Ordered on ()/received on ():
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notifications on paper):
(*)Delete as appropriate