General Terms and Conditions
I. SCOPE OF APPLICATION
1. Dantendorfer GmbH. operates an online shop at www.dantendorfer.at. The following General Terms and Conditions (subsequently “GTC”) apply to all orders placed through this website.
2. Any variations in the general terms and conditions of the customer cannot be recognised. This applies unless we explicitly agree in writing to their application.
3. The following GTC shall apply regardless of whether the customer is a consumer or a business.
II. IMPORTANT INFORMATION
1. The goods offered on the website are represented in the form of digital photographs. Any variation between the representation and reality may be due to technical reasons and does not constitute a defect of the goods ordered.
2. We point out that the goods presented by us on the website may no longer be available or obtainable at the time of the viewing of the website. It is furthermore possible that price changes have not yet been reflected on our website.
III. CONCLUSION OF CONTRACT
1. The presentation of the goods on our website does not constitute a binding offer. In the course of your order, you place the products selected in the “shopping basket” and fill in the order form provided on our website. In the order form, you accept our General Terms and Conditions. Input errors in the order form can still be corrected before completion of the order process. The sending of your order constitutes an offer to enter into a contract. The conclusion of the contract itself is effected by acceptance of this offer by our business.
2. Acceptance of the contractual offer is effected by sending the acknowledgment of the order to the e-mail address provided by you in the order form and receipt of this declaration of acknowledgment in the e-mail account assigned to this address, or at the latest by delivery of the goods ordered. We are at liberty to either accept offers to enter into a contract within five days of receipt of the offer or to reject such offers by sending a corresponding declaration. Acceptance of the order may also be effected within five days by sending an acknowledgment of the order by post or directly by sending the goods ordered.
3. It is possible that a supplier does not supply us with the goods ordered by you or that the goods ordered by you are no longer available. In such a case, we are entitled to rescind the contract. If we exercise this right of rescission, we will inform you of this immediately. Should the purchase price have already been paid, it would be refunded by us immediately.
4. Should your personal details (e-mail address, postal address, phone number, etc.) change, you will inform us of this in due time. If we have not been informed of the relevant changes, legally valid declarations may be made by us to the postal address, e-mail address, phone number, etc. last made known to us. Furthermore, delivery of the goods in full discharge of our obligations may be effected to the address last made known to us.
IV. PURCHASE PRICE
1. The purchase price that is shown in our website is deemed to be the purchase price agreed for the goods ordered. The prices stated by us are inclusive of the value added tax applicable in Austria, but exclusive of shipping expenses, any customs duties, etc.
2. Special offers are subject to change without notice. There is no entitlement to a continuation of promotional offers. Special offers apply only while stocks last.
1 Payment by credit card:
You enter your credit card details via our website. The details entered by you will be sent in an encrypted form to the relevant credit card institution. The technology used by us guarantees the accuracy and security of the transaction. The credit card account is charged upon shipment of the goods.
Our business possesses state-of-the art security software. We use an encryption method that protects your credit card details during transmission from any interception or manipulation. Unauthorised persons can therefore not read your data during transmission in the Internet.
We accept the following credit cards: Visa, Eurocard (Mastercard) and American Express. Please note that any foreign bank charges must be borne by you.
Credit notes from return of goods will be retransferred to your credit card.
2. Payment by PayPal:
We offer the possibility to pay by PayPal. For further information, see www.paypal.com
VI. DELIVERY AND SHIPMENT
1 We deliver the goods ordered by you within five working days. If part deliveries are necessary for a faster processing, no additional costs will be incurred by you, of course.
2. The shipping of our goods is effected with logoix.com. Further information can be found at www.logoix.com. You have the possibility to track the path of your order or package via that website. The general terms and conditions of www.logoix.com shall apply additionally. These can be read at www.logoix.com.
3. The countries we ship to can be found under shipping. If your country of residence is not contained in the list, we ask you to contact us in writing at the e-mail address firstname.lastname@example.org.
4. Generally we cannot deliver to postal box addresses. Unless otherwise agreed, the delivery shall be made to the delivery address provided by you in the order.
5. The costs of shipping the goods are not included in the purchase price. Regarding shipping costs, please refer to the list under shipping.
6. We will charge you, in addition to the purchase price, for the costs of the door-to-door transportation, the insurance of the goods, as well as any costs for accompanying documents. Any import VAT and any customs duties will be charged to you directly by the company logoix.com. The customs duties will be levied separately by the customs authority.
7. Should you wish a particular type of shipping (e.g. express delivery), please contact us at the e-mail-address email@example.com.
VII. RESERVATION OF TITLE
The delivered goods remain our property until full payment has been made.
VIII. SPECIAL PROVISIONS FOR CONSUMERS – RIGHT OF RESCISSION
1. For Austrian customers who are consumers the following special provisions of the Consumer Protection Act (“Konsumentenschutzgesetz (KSchG)”) shall apply:
Right of rescission:
The consumer may rescind any distance sales contract or contractual declaration made in relation to any distance sale without giving reasons. The period for rescission shall be seven working days, with Saturday not counting as a working day. For contracts for the delivery of goods the period shall commence on the day of their receipt by the consumer. If the obligations by the business to provide information have not been met pursuant to § 5d (1) and (2) of the Austrian Consumer Protection Act (“KSchG”), the rescission period shall be three months from the abovementioned point in time. If the obligations by the business to provide information are met within this three-month period, the period of seven working days shall commence upon the date of communication of the information by the business. The rescission does not require any specific form.
It shall suffice if the notice of rescission is despatched within the relevant period.
It must be addressed to:
A-5020 Salzburg, Austria
Tel.: +43 (0) 662/84 32 61-0
Company number: FN 62336 x of the Salzburg Regional Court
Consequences of rescission:
In the event of an effective rescission, the business will reimburse the payments made by the consumer and reimburse the consumer for all costs necessarily and appropriately incurred by him/her on the article. The consumer must return the goods received and pay the business a reasonable compensation for the use of them, including compensation for any resulting reduction in the fair market value; the mere fact that the goods were taken into the consumer’s custody shall not be deemed a loss in value. The consumer must bear the costs of returning the goods. The return shall be at our risk. Additionally, the provisions of § 4 (2) and (3) of the Austrian Consumer Protection Act (“KSchG”) shall apply.
2. For consumers from Germany, the following shall apply:
Right of revocation:
You may revoke your contractual declaration within 14 days, without giving reasons, in writing (e.g. letter, facsimile, e-mail) or – if the article is delivered to you before expiry of the period – also by sending back the article. The period of time granted starts upon receipt of this information in writing, but not before receipt of the goods by the addressee (in the case of a recurring delivery of like products, not before receipt of the first part delivery) and also not before we have met our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the German Civil Code (“EGBGB”), as well as our obligations pursuant to § 312g (1) 1st sentence of the German Civil Code (“BGB”) in conjunction with Article 246 § 3 of the EGBGB. For compliance with the revocation period, the despatch of the revocation or the article in due time shall suffice. The revocation shall be addressed to:
A-5020 Salzburg, Austria
Phone: +43 (0) 662/84 32 61-0
Company number: FN 62336 x of the Salzburg Regional Court
Consequences of revocation:
In the event of an effective revocation, the contractual performances received by both parties shall be returned and any benefits gained (e.g. interest) shall be handed over. If you cannot return to us all or part of the goods received or only in a deteriorated condition, you shall pay us compensation for any value lost in this context. This shall not apply to the return of articles if the deterioration is caused exclusively by an examination of such articles that you would also have been able to do in a shop. Furthermore, you may avoid any obligation to pay compensation for value lost for any deterioration caused by bringing the article into use in accordance with the intended use, by not starting to use the article as if it were your property and by refraining from doing anything that affects its value. Articles that can be returned as a shipped package shall be sent back at our risk. You must pay the costs of the return if the goods delivered correspond with the ones ordered and if the price of the article to be returned does not exceed an amount of 40 euros or, in the event that the price of the article is higher, if you have not provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise returning the articles shall be free of charge to you. Articles that cannot be shipped as packages shall be collected from you. Any obligation for reimbursement of payments must be met within 30 days. The period starts, for you, with the despatch of the declaration of revocation or the article and, for us, with its receipt.
IX. LEGAL WARRANTY AND DAMAGES
1. Please note that the details, drawings, photographs, pictures, measurements and performance specifications, etc., contained on our website, in our brochures, catalogues and price lists are not binding. We cannot assume any warranty for the accuracy of such information. Please also note that the representations of the goods on our website may vary from the actual appearance; this is especially also due to different monitor, graphics and/or printer settings. Therefore, we also cannot assume any warranty or liability that the products represented on our website are completely identical with their appearance in reality.
2. If the delivered goods are defective, the legal warranty provisions under Austrian law will become applicable. If any goods are defective, we are entitled to render improvement, including, in particular, by delivery of individual replacement items. A reduction in the purchase price or a cancellation of the contract may be required if the improvement or replacement would not be possible or would be associated with a disproportionate effort/expense on our part, or if we did not meet your demand within a reasonable period or at all. If it is merely a minor defect, according to legal provisions any right to a cancellation of the contract shall be excluded.
3. The customer shall be entitled to damages only if the damage/loss was intentional or due to gross negligence; this shall not apply to personal injury.
4. Please note that the transfer of data over the Internet according to latest technology may be subject to certain failures. Therefore, we cannot assume any liability that the online shop will be constantly available without interruptions. To the extent there are links from our website to other websites, we cannot assume any liability for the latter. We are not liable for the content of third-party websites. We can neither guarantee nor assume any liability for the accuracy of the details contained on a third-party website.
X. COPYRIGHT, ANCILLARY COPYRIGHT
All logos, pictures, photographs, etc. on our website were manufactured at a high financial expense. They are our property. Each use is subject to our prior consent in writing or the entering into of a licence agreement. Any misuse may be pursued by us.
1. The language of the contract is German. We will correspond with you in German.
2. Any and all contracts entered into shall be governed by Austrian law exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. If individual provisions of these GTC conflict with mandatory legal provisions, the remaining provisions of the contract shall nevertheless remain valid.
4. Any and all agreements, subsequent amendments of agreements, additions, subsidiary agreements, etc. are required to be in writing in order to be valid.
5. We store the text of the contract and would be glad to send you a copy of your order information and our GTC by e-mail. You have access to the GTC at any time on our website. Your order information is no longer available over the Internet for security reasons.