Valid from April 14th, 2017
1 Scope and provider
(1) These general terms and conditions (hereinafter “GTC”) apply to all consumers and entrepreneurs who place orders with the online shop of Holzspecht GesbR.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
(3) With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this.
- 2 Conclusion of a contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button “Confirm and Pay Order”, you are submitting a binding purchase offer.
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order. This order confirmation does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the order confirmation.
(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer or when we send the goods to you – without a prior express declaration of acceptance.
- 3 Contract language, contract text storage
(1) The languages available for the conclusion of the contract are German and English.
The contract text is not stored by us.
- 4 Prices
(1) Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
(2) In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible, and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also apply in relation to the money transfer if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
- 5 Terms of payment; Default
(1) Payment can be made either: Sofort. (via payment provider Klarna), credit card (via payment provider Stripe) or PayPal.
(1.1) Credit card:
When you submit your order, you also provide us with your credit card details.
After your legitimation as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will get more information during the ordering process.
(1.3) SOFORT transfer:
After placing the order, you will be redirected to the website of the online provider “Klarna”. In order to be able to pay the invoice amount via SOFORT transfer, you must have an online banking account with PIN / TAN that has been activated for participation in SOFORT transferral, identify yourself accordingly and confirm the payment instruction to us. You will get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Klarna and your account will be debited.
(2) If you are in default with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 3.50 for each reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
(3) In the event of default in payment by the customer Holzspecht GesbR is entitled to demand compound interest from the day the goods are handed over to the customer.
- 6 delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided. Delivery usually takes place within 7 days, but within a maximum of 30 days.
(2) The delivery takes place via DPD, Austrian Post, DHL or DHL Express.
(3) If the entrepreneur sends the goods, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier appointed by him. However, if the consumer himself has concluded the transport contract without using a selection option suggested by the entrepreneur, the risk is transferred to the carrier as soon as the goods are handed over. Unless otherwise agreed, the consumer acquires ownership of the goods at the same time as the transfer of risk.
(4) The goods remain our property until the purchase price has been paid in full.
(5) If you are an entrepreneur, the following also applies: – We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership into your possession, pledging or security transfer of the reserved goods is not permitted. – You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves. – When combining and mixing the reserved goods, we 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 on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
(6) Collection by the customer is not possible for logistical reasons.
- 7 Return policy – right of withdrawal
(1) Only the term “right of withdrawal” is used in the cancellation policy.
- 8 Warranty
(1) The warranty is based on the statutory provisions, i.e. 24 months from receipt of goods. If an exchange or an improvement is not possible (too much effort, unreasonable, delayed time), the buyer is entitled to a price reduction or, if the defect is not minor, to the cancellation of the contract (conversion). Liability for consequential damage as well as other material and financial damage is excluded, unless it is a consumer transaction.
- 9 Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
(2) To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship even exists, the alternative dispute settlement procedure was created in accordance with the AStG law. The following alternative dispute resolution body has been set up in Austria to settle online disputes: Internet Ombudsmann (http://www.ombudsmann.at)