Conditions of Use

General information:

To process your order, we ask you to agree to the statutory general terms and conditions (AGB). Agreements that deviate from these terms and conditions must be made in writing. These terms and conditions apply to all business relationships (including the Internet) between the customer and Wolfgang Inzinger, Brachsenweg 16a, 5020 Salzburg, Austria (hereinafter referred to as the provider) and take precedence over any general terms and conditions used by the customer.

Contractual relationship:

All incoming messages (by email, in writing or by telephone) from the customer are always considered to be an offer to conclude a contract. The provider remains free to accept offers within 14 days of receipt or to reject them by sending a corresponding declaration to the customer. The binding purchase contract for the goods ordered by the customer only comes into being upon acceptance by the provider. Acceptance can be declared by email, in writing or by shipping the goods ordered.

Reservation of performance for goods that cannot be delivered:

If the ordered goods cannot be delivered within 60 days of the conclusion of the contract, the provider can withdraw from the contract. In the event of withdrawal, the provider undertakes to inform the customer immediately of the unavailability and to refund any consideration already paid by the customer.

Prices:

All prices are net prices in euros. Due to the Austrian small business regulation, the provider is not subject to VAT (exempt from VAT), so the prices apply gross for net. The prices at the time of the order apply according to the respectively valid price list or the prices listed in the online shop. Shipping, insurance and packaging costs are not included in these sales prices. Any import or export expenses arising from the dispatch as well as all other fees and charges to be borne by the customer are always borne by the customer.

Right of withdrawal:

If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG for short), he can withdraw from a contract concluded within the meaning of the Distance Selling Act or from a contract declaration made by him on the occasion of the use of our website up to a period of seven working days, whereby Saturday does not counts as a working day, withdraw. In this case, the withdrawal takes place in good time if the customer submits his declaration on the last day of the period and sends it to the provider electronically or in another way. In contracts for the delivery of products, the withdrawal period begins on the day they are received by the customer. The customer will be informed of this right of withdrawal immediately in connection with his declaration or receipt of the goods or separately and expressly. Services and services as well as custom-made products are excluded from this right of withdrawal. In the event of withdrawal, the customer is obliged step by step to return the received service in its original packaging and sealed and to pay the provider an appropriate fee for the use, including compensation for a reduction in the fair value of the service resulting from the use. The provider undertakes to refund the payment made by the customer step by step. The customer expressly undertakes to bear the costs and shipping costs associated with the return of the goods. The provider is expressly entitled in the event of the customer's withdrawal from the amount to be refunded to subtract the claims mentioned here and only bring the difference to the transfer.

Settlement date:

The due date for goods or services occurs at the time of invoicing (in the case of advance billing), but at the latest when goods and services are dispatched at the time of acceptance of the contract by the provider. The fee is to be transferred to a bank account specified by the provider without any deductions, free of discounts and expenses. In particular, the customer is obliged to bear any bank charges associated with the payment. When paying by credit card, the provider will charge the credit card on the day of delivery. If the credit card authorization is not granted, the provider is entitled to insist on payment by another route before delivery or to withdraw from the contract.

Payments and arrears:

If the customer is in arrears with payments, the provider is entitled to charge a default interest rate of 5% above the base rate announced by the Austrian National Bank. In the event of default, the customer is obliged to pay all the expenses associated with the collection of the claim, in particular collection expenses, in accordance with the ordinance of the Federal Ministry for Economic Affairs, Federal Law Gazette No .: 141/1996 in the currently applicable version and any necessary costs for appropriate legal action to be borne by lawyers. The provider is not obliged to warn the customer in the event of default. By undisputed receipt of the reminder, in which reference is made to the payment of these costs, the customer expressly agrees to the payment of these costs. The customer is expressly advised of this consequence of his behavior at the time of the reminder and also noted that, in the absence of an objection, the customer agrees to bear all expenses and costs associated with the operation, which are appropriate for the legal prosecution.

Shipping & offsetting:

The delivery of the goods is carried out using customary modes of transport (post, delivery services, etc.). Danger and coincidence pass to the customer at the time the goods are handed over to the shipper (post office, delivery service, forwarding agent, carrier, etc.). From this point in time, the customer bears the risk for danger and coincidence, for loss or destruction of the item through no fault of his own and for damage to the item. In the event of withdrawal by the customer, the provider is entitled to all claims in accordance with Section 5g (1) / (2) and (2) KSchG, i.e. the direct costs of the return, the reasonable fee for the use of the goods and compensation for a reduction in the offsetting the average value of the goods against the fee paid by the customer and now to be refunded.

Retention of title:

The goods remain the property of the provider until all claims have been paid in full. In the case of executive access to the property owned by the provider, the customer is obliged to inform the provider immediately in writing and to inform the accessing third party of the ownership structure. The customer is liable to the provider for all damage resulting therefrom.

Data protection & customer consen:

The customer expressly agrees and gives his consent that his personal data such as first name, last name, address, zip code, date of birth and information on account details be collected, processed and processed for the purpose of fulfilling all mutual rights and obligations arising from the contract concluded with the customer and be used. The customer expressly agrees that his personal data for the fulfillment of the mutual rights and obligations will be made available to the vicarious agents of the provider in an automated manner. The customer will be informed and informed of the type and purpose of the use of his personal data at the time of placing his order. The customer expressly consents to the inclusion of his / her personal data in the customer file of the provider and declares to consent to the receipt of customer information of any kind until the informal revocation at any time.

Warranty:

The customer expressly acknowledges that if the legal requirements for a claim under the title of the guarantee are met, the provider is initially entitled to make improvements in the form of replacement or replacement of the missing item. The customer can only claim a price reduction after the fruitless expiry of an appropriate improvement period to be determined in the individual case. The defective goods must be returned to the provider by the customer immediately. The provider is not liable for consequential damage, indirect damage, loss or lost profits and is only liable in the event of intent or gross negligence. Liability is expressly and mutually excluded in the event of slight negligence.

Use of the website:

The customer is not entitled to use content, graphics, source texts, offers, prices, logos, logos, brands, intellectual property rights or other content on the website of the provider for purposes other than private purposes.

General:

Unless there is a legal transaction subject to the KSchG, the parties agree on the relevant court in Salzburg for all disputes regarding the establishment of the contract or the contract. The United Nations Convention on Contracts for the International Sale of Goods and all provisions relating to the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded. The contracting parties agree to the application of Austrian law, as long as there are no compelling legal provisions. The ineffectiveness, nullity or cancellation of individual provisions of this contract do not affect the existence of the contract. The ineffective or void provision of the contract should be replaced by a provision that comes closest to economic intentions.

Information on online 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 point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.


Salzburg, 2020-01-01