General terms and conditions of business

I. General Terms and Conditions of Business
§ 1 Basic provisions

(1) The following terms and conditions apply to contracts which you conclude with us as the provider (Bernhard Gschwenter) via the Internet site. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.

(2) A consumer in the sense of the following provisions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods .

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online store.
Before submitting your order, you have the opportunity to check all details again, to change them (also using the “back” function of your internet browser) or to cancel the purchase.
By submitting the order via the “buy” button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) Your requests for quotations are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, reservation of title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.

(3) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the item, not
but other advertising, public praise and statements of the manufacturer.b) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the rectification of defects fails, you can choose to demand a reduction in price or withdraw from the contract. The removal of defects is valid after an unsuccessful second
attempt as failed, if nothing else results from the nature of the item or the defect or the other circumstances. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
– for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
– in the case of statutory rights of recourse which you have against us in connection with rights in respect of defects.

§ 5 Choice of law

(1) Austrian law applies. In the case of consumers, this choice of law shall only apply to the extent that it is not contradicted by mandatory provisions of the law.
of the State of the consumer’s habitual residence is not withdrawn (favourability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information

1. identity of the seller
Bernhard Gschwenter
Kapellenweg 4
4643 Pettenbach
Austria
Phone: +43699 10735515
e-mail: [email protected]

Alternative dispute resolution:

The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the
Order with us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services are to be found in the respective offer.

5. prices and terms of payment

5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3 Any costs arising from the transfer of money (bank transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but payment was arranged outside the European Union.
5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. terms of delivery

6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.

7. legal liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found under:
last update: 23.10.2019

Quelle: Erstellt mit dem Datenschutz Generator von AdSimple® Webdesign

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