GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
1. Validity of the general terms and conditions
These general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online shop http://www.stelzhammer.shop between Stelzhammer GmbH and customers who are consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity.
2. Recognition of the Conditions
The customer acknowledges these terms and conditions and agrees to them as soon as he places an order.
3. Defence clause
The inclusion of the customer’s general terms and conditions or contractual conditions that deviate from these general terms and conditions is rejected unless these are expressly recognised by Stelzhammer GmbH.
4. Conclusion of contract
4.1 Internet presence of Stelzhammer GmbH on the website http://www.stelzhammer.shop
The product presentation on the website does not represent an offer in the legal sense. It is an invitation to the customer to make an offer himself. The customer makes the offer in the legal sense by placing an order. Confirmation of the receipt of the order together with the acceptance of the order is sent immediately after the order has been sent by an automated e-mail. With this e-mail confirmation the purchase contract is concluded.
4.2 Order process
In the overview of the assortment of the online shop http://www.stelzhammer.shop, the customer can select the desired product(s) by clicking on the button “add to shopping cart”. The selected goods are temporarily stored in the shopping basket during the customer’s visit to the website http://www.stelzhammer.shop. By clicking on the button “proceed to checkout” the ordering process is continued and the shopping overview appears. By clicking on the button “next step” the customer is taken to the next page. There the customer enters the desired delivery and billing address. By clicking on the button “next step” the customer is taken to the next page. Here, the customer selects the desired payment method and enters the data required to execute the payment. If external payment services such as PayPal are selected, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order is summarized in an “order overview”. The customer is free to check his data in the order overview once again and to correct it if necessary. Before he sends his order to Stelzhammer GmbH by clicking on the “Buy” button, a check mark must be placed at “I have read and accepted the general terms and conditions and the revocation policy”. By clicking on the “Buy” button, the customer makes a binding offer to purchase the goods he has selected.
4.3 Order confirmation
Upon receipt of the order, Stelzhammer GmbH sends a notification e-mail to the e-mail address provided by the customer, confirming receipt of the order and reproducing its contents (hereinafter referred to as “order confirmation”). If Stelzhammer GmbH refuses to conclude the contract, the customer will be informed immediately by e-mail.
5. Storage of the contract text
The text of the contract, i.e. the customer’s details of the order process, is stored by Stelzhammer GmbH. Stelzhammer GmbH sends an order confirmation to the e-mail address provided by the customer.
6. Right of rescission / cancellation
You can return the received goods without giving reasons within 14 days by sending back the goods.
The following cancellation policy applies to contracts for goods that can be sent as a package by post.
Right of revocation for goods that can be sent as a parcel
As a consumer you have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, last took possession of the goods.
In order to exercise your right of revocation, you must
Fax: +43 (0)662 873 6694
inform us by means of a clear statement (for example, a letter, fax or e-mail sent by post) of your decision to withdraw from this contract.
You may use our sample cancellation form, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement.
to be returned or handed over. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period.
Return shipments are to be paid for by the customer.
The right of withdrawal does not apply to the following contracts:
1. Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
2. Contracts for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded
3. Contracts for the supply of goods which are not suitable for return for reasons of health protection or hygiene, if they have been opened or used after delivery
4. Contracts for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature,
5. Contracts for the supply of alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which can be supplied at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control
6. Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery
7. Contracts for the supply of newspapers, periodicals or magazines other than subscription contracts
Click here to download a sample cancellation form.
End of the cancellation policy
7.1. All product prices are total prices; they contain the legal value added tax (VAT).
7.2. Price errors reserved. If the correct price is higher, contact will be made with the customer; in this case a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, this price will be charged.
8. Shipping costs
8.1. Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
The respective valid sales tax is included in the shipping costs.
9. Terms of delivery
9.1. Unless otherwise agreed, delivery will be made to the address provided by the customer. We also deliver to packing stations.
9.2. The estimated delivery time is indicated directly in the shopping cart. If payment is made in advance, the delivery period begins one day after the amount has been credited to the bank account of Stelzhammer GmbH. In other cases, the delivery period begins one day after receipt of the order.
9.3.If the goods are damaged during transport, the customer must immediately report the damage to the transport company and claim the damage there.
9.4. Stelzhammer GmbH is not responsible if there are obstacles to delivery in the area of suppliers. If delivery or adherence to an agreed delivery time becomes impossible due to circumstances for which Stelzhammer GmbH is not responsible, Stelzhammer GmbH is entitled to withdraw from the contract in whole or in part. Stelzhammer GmbH will inform the customer of this immediately. Claims for damages are excluded in this case. The customer will be informed of existing delivery restrictions before the order process begins.
10 Due date and retention of title
10.1. The purchase price is due at the latest upon delivery of the goods.
10.2. The delivered goods remain the property of Stelzhammer GmbH until full payment has been made.
11. Terms of payment
11.1. Stelzhammer GmbH accepts the following methods of payment: advance payment, PayPal, credit card (Visa, Mastercard, American Express and Diners)
11.2. In the case of payment in advance, the customer shall transfer the invoice amount to the account of Stelzhammer GmbH within 10 days of the conclusion of the contract (bank details can be found in the order confirmation and in the imprint). The goods will only be dispatched after receipt of payment.
11.3. If payment is made by credit card, your credit card will be charged after the order is completed. This is done immediately, even if we do not have the goods in stock and can only ship them in a few days.
11.4. Paypal – You pay the invoice amount via the online provider PayPal. You must be registered there or register first. After legitimation with the access data you can confirm the payment order to us. You will receive further instructions during the ordering process.
11.5. The legal default regulations apply. Reminder costs can be claimed from the second reminder.
12.1. Unless otherwise specified, the general statutory provisions shall apply.
12.2. The warranty is excluded for defects caused by the customer. This is especially the case with improper handling, incorrect operation or unauthorized repair attempts.
12.3.The shortened limitation period does not apply to damages that are based on a grossly negligent breach of duty by Stelzhammer GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Stelzhammer GmbH. Furthermore, the shortened limitation period does not apply to claims for damages due to the negligent or intentional violation of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the customer can regularly rely.
12.4. If delivered articles should have obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately.
12.5. As far as a manufacturer’s warranty exists, the customer has to assert the claims arising from it directly against the manufacturer. The liability of Stelzhammer GmbH under the guarantee is excluded.
13. Exclusion of liability
13.1. The customer’s claims for damages against Stelzhammer GmbH are excluded unless Stelzhammer GmbH or its vicarious agents have acted with intent or gross negligence.
13.2. Liability for damages due to injury to life, body and health, due to negligent or intentional violation of essential contractual obligations or insofar as liability is mandatory according to the product liability law or due to fault at the time of contract conclusion or due to other breaches of duty or tortious claims for compensation for material damage remains unaffected. Material contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
14. Right of set-off, right of retention
14.1. The customer is not entitled to offset against our claims unless the customer’s counterclaims have been legally established or are undisputed. The customer is also entitled to set off against our claims if he asserts notices of defects or counterclaims from the same purchase contract.
14.2. The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
15. Data protection
16. Amendment of the General Terms and Conditions / Subject to change
We are entitled to unilaterally amend these General Terms and Conditions of Business insofar as this is necessary to eliminate any subsequent equivalence problems or to adapt to changed legal or technical conditions. We will inform the customer of any changes by sending a notification of the content of the changed regulations to the last known e-mail address of the customer. The change will become part of the contract if the customer does not object to our inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of change.
17. Severability clause
If any provision of these General Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected.
18. Contractual language
The language available for the conclusion of the contract is German.
19. Contract law
Austrian law shall apply to the contractual relationship.