§ 1 Basic Provisions
1) The following terms and conditions apply to all contracts that you enter into www.wirliebenholz.at with me as supplier (Ager Robert) on my website. Unless otherwise agreed, the inclusion of your own terms and conditions are not relevant for the contracts.
2) Consumers in terms of the following regulations shall mean any natural person who enters into a transaction for purposes which are essentially private, so neither commercial nor independent professional activity can be attributed.
3) Before sending the order through the online shopping cart system all contract data can be printed using the print function of your browser or stored electronically. Upon receipt of the order with us, you get the information required by law for distance contracts and the terms and conditions sent with the confirmation email.
4) The main characteristics of the goods are to be found in the item description. The photos are made as realistically as possible.
5) The contract language results from the language chosen by the customer on the website.
6) The European Commission provides a platform for out-of-court online dispute settlement (OS) here: http://ec.europa.eu/consumers/odr/
§ 2 Conclusion of contract
1) The object of the contract is the sale of goods.
My offers on the Internet are not binding and binding offers to conclude a contract.
2) With your order through the online shopping cart system, you place a unilateral declaration of the intent to purchase the goods and order legally valid. However, if you are a consumer you have the right of withdrawal. So, if you are a consumer, please review your right of withdrawal.
3) You will receive a first e-mail confirming receipt of your order. This e-mail meants not, that the contract itself is confirmed.
4) After reviewing your order you will receive another email in which the order is confirmed and in which you will be asked to transfer the payment amount.
§ 3 Prices and payment
a) The prices specified in the webshop include 10% VAT or 20% VAT.
b) Shipping costs are not included.
c) The payment method is selected when ordering.
§ 4 Delivery
a) The terms of delivery, delivery date and any existing delivery restrictions can be found at the corresponding button and in the item description.
b) If orders are placed by consumers, the seller bears the risk of transportation. Please inform the seller about transport damages within 2 days after receipt of the delivery.
c) If you are an enterprise, supply and shipment is at your risk.
§ 5 Retention of title
1) The goods remain our property until full payment of the purchase price.
2) For enterprises, the following rules apply:
a) retention of title as long as not all debts are paid from the ongoing business relationship. Goods for which the retention of title is valid, may not be pledged, or shall be passed as a security.
b) A scored sale proceeds of the ordinary course of business shall be used to pay off the debt to us. Any depts shall be assigned to us.
c) When connecting and mixing of the goods we acquire joint proportional ownership of the new item in the invoice value of the goods to the other processed items.
§ 6 Warranty
It applies the Austrian statutory warranty rights.
§ 7 Choice of Law, Place of Performance, Jurisdiction
1) Austrian law applies. For consumers only this choice of law insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer (favourability).
2) Place of performance for all obligations of the existing business relationships with us and jurisdiction is our headquarters, to the extent they are not consumers but merchants, a legal entity under public law or public law special funds.
3) The provisions of UN purchasing law specifically does not apply.