1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of
Ing. Martin Josef NittmannSagedergasse
21, Door 321120
apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the latter’s goods and services. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer is any natural person who enters into a transaction that is not part of the operation of his business. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Stock corporations, limited liability companies, commercial cooperatives, mutual insurance companies, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product or service descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the online store of the seller. By clicking the button that concludes the ordering process, the customer submits a legally binding contract offer with regard to the goods or services contained in the shopping cart. The customer can also submit his binding offer by e-mail.
2.3 The seller can accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by requesting payment from the customer after the order has been placed
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
If the customer selects a payment method during the online ordering process by clicking the button that concludes the ordering process and at the same time also gives a payment order to his payment service provider to transfer the money directly to the account of the seller, the seller declares, in deviation from section 2.3, already now the acceptance of the offer of the customer at the time when the money arrives at the account of the seller.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail) after the Customer has sent his order.
If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 Only the German language is available for the conclusion of the contract.
2.6 Order processing and contacting usually take place via e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received under this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
2.7 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the registered office of the seller after consultation with the seller. In this case, no shipping costs will be charged.
3) Right of withdrawal
3.1 Consumers residing in the EU are generally entitled to a right of withdrawal when concluding a distance contract.
A distance contract is a contract between the seller and a consumer, which is concluded without the simultaneous physical presence of the seller and the consumer, whereby up to and including the conclusion of the contract only means of distance communication (fax, internet, telephone) are used.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product and service description, the prices quoted are total prices which include the statutory value added tax.
Our sales prices do not include costs for delivery, assembly, etc.
5) Retention of title/rights
5.1 In relation to its customers, whether consumers or entrepreneurs, the seller retains ownership of the goods provided until full payment of the purchase price owed.
5.2 All rights protection rights remain with the rights holders.
6) Delivery and shipping conditions
6.1 Our offers are open to all customers with a residence or registered office/habitual residence in the EU and Switzerland, but delivery is only possible to Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary and Cyprus.
6.2 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed.
6.3 If the customer is acting as an entrepreneur, the risk of loss or damage to the goods sold shall pass to the customer as soon as the seller has delivered the item to the carrier, freight forwarder or the person or company otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice proposed by the carrier, the risk shall pass as soon as the goods are handed over to the carrier.
6.4 If the customer has not taken over the goods as agreed (default of acceptance), we shall be entitled, after having set a grace period, either to store the goods on our premises, for which we shall charge a reasonable storage fee per calendar day or part thereof, or to store them at the customer’s expense and risk with an authorized tradesman. At the same time, we shall be entitled either to insist on performance of the contract or, after setting a reasonable period of grace of at least 2 weeks, to withdraw from the contract and to dispose of the goods elsewhere. Excluded from this is a justified withdrawal of a consumer.
6.5 The goods are shipped by Österreichische Post AG.
7.1 The provisions of the statutory warranty shall apply.
No warranty claim exists in the event of improper assembly or installation.
If the customer acts as an entrepreneur, the following also applies:
- An insignificant defect shall in principle not give rise to any warranty claims.
- The seller has the choice of how to remedy the defect.
- The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
- If the customer acts as an entrepreneur in the sense of the Austrian Commercial Code (UGB), he shall be subject to the commercial obligation to examine the goods and to give notice of defects pursuant to § 377 UGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
Liability of the seller is excluded for slight negligence, unless it is personal injury. These liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
8) Place of jurisdiction/applicable law
8.1 In the relationship with entrepreneurs, Austrian substantive law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
As far as the choice of law also concerns consumers, it is clarified that the sale of goods is only directed to Austria and Germany, and only due to the Geoblocking – Regulation the goods are sold into the EU, but a delivery is only made within Austria and Germany, so that in the case of a sale of goods to consumers residing in the EU outside of Austria and Germany, Austrian law is also applicable. With respect to consumers in Germany and Switzerland, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. With respect to Swiss nationals, the right to withdraw from the contract pursuant to the FAGG shall be excluded, unless this is precluded by mandatory statutory provisions.
8.2 in relation to entrepreneurs, the factually competent court at the registered office of the seller is agreed as the exclusively competent court.
8.3 If the customer is a consumer domiciled in Austria or Germany, he can only be sued at the court of his domicile and can sue the seller either at the seller’s domicile or at the customer’s domicile; if the customer is domiciled in the rest of the EU and Switzerland, the consumer can only sue and be sued at the court of the place of fulfillment in Austria.
9) Alternative Dispute Resolution
9.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.