B2C Webshop terms and conditions
1. Scope of application
The deliveries, services and quotes from Austroflamm GmbH to end customers are made solely on the basis of these Terms and Conditions (T&Cs); adverse conditions or customer conditions that differ from these T&Cs shall not be recognized by Austroflamm GmbH unless Austroflamm GmbH has explicitly consented to their validity. Actions by Austroflamm GmbH to perform the contract shall not be considered as agreement with contractual terms and conditions that differ from these T&Cs.
2. Order and conclusion of contract
- Subject of the contract is the sale of goods.
- The display of goods in the Web shop does not constitute a binding offer by Austroflamm GmbH for the conclusion of a contract of sale. The customer is only invited hereby to make an offer by placing an order.
The order takes place in the following stages:
- The goods intended for purchase are deposited in the “Basket”. Using the appropriate button in the navigation bar the customer can call up the “Basket” and make changes there at any time.
- Entry of registration data for registration on the Web shop (first name, surname, street and house number, postcode, town, country, e-mail address and password: after initial registration, only logging on with e-mail address and password is required
- Selection of mode of shipping and payment method
- Checking the details in the basket using “Check order”
- Rechecking and correction as necessary of the respective data
- Confirmation by clicking on the “Send order” button
- Binding sending of the order
- By sending the order in the Web shop the customer is making a binding offer, aimed at the conclusion of a sales contract on the goods contained in the basket. With the sending of the order the customer recognizes the precontractual information for consumers and these T&Cs as solely authoritative for the legal relationship with Austroflamm GmbH.
- Austroflamm GmbH confirms the receipt of the customer’s order by sending a confirmation e-mail. This order confirmation still does not constitute acceptance of the contractual offer by Austroflamm GmbH. It serves solely to inform the customer that the order has been received by Austroflamm GmbH. Declaration of acceptance of the contractual offer is via the delivery of the article or an explicit declaration of acceptance.
3. Right of cancellation of the consumer as per § 11 FAGG [Distance Selling Act]
- The customer, who is the consumer as defined by the Consumer Protection Act (KSchG), may rescind a contract concluded outside the premises of Austroflamm GmbH or a distance selling contract within fourteen working days, unless a statutory exception applies.
- The cancellation period is fourteen calendar days. For contracts on the delivery of goods it begins with the day on which the customer or a third party appointed by the customer who is not the carrier has taken possession of the goods. In the case of a contract for several goods which are ordered in one single order and delivered separately, from the day on which the customer or a third party appointed by the customer who is not the carrier has taken possession of the last item. It is sufficient if the customer has sent the advice of cancellation within the period.
- Cancellation may be advised by using a sample cancellation form.
- The advice of cancellation does not exist for goods which are produced to the customer’s specifications, which are unequivocally tailored to personal requirements, which on the basis of their nature are not suitable for return, which can quickly spoil or whose expiration date has been exceeded (§ 18 Abs 1 FAGG).
If the customer cancels the contract, then step by step
- Austroflamm GmbH must refund the payments made by the customer including the delivery costs (with the exception of extra costs that result from the customer having chosen another type of delivery than the most economical standard delivery offered by Austroflamm GmbH) and reimburse the necessary and useful effort made by the customer on the matter and
- The customer to return the received goods and to pay Austroflamm GmbH an appropriate fee for the use, including compensation for the thereby associated reduction in the general value of the product.
- The consumer must bear the immediate costs of the return themselves.
4. Prices, shipping costs
- The prices are displayed on the starting page of the Web shop for the individual products. All prices quoted by Austroflamm GmbH are to be understand as excluding VAT unless explicitly noted otherwise.
- The corresponding shipping costs shall be detailed to the customer on the order form and must be paid by the customer.
- In the event of cancellation the customer shall have to bear the immediate costs of the return.
5. Terms of payment, interest for default
- Payment can be made by prepayment or credit card.
- If the customer is in default of payment, Austroflamm GmbH shall be entitled at its discretion to seek compensation for the loss actually incurred or interest for default at the statutory rate. This is for consumers 4 % pa, for companies 9,2% pa above the basic rate.
- Austroflamm GmbH shall be entitled in the event of default of payment by the customer to also demand compound interest from the day of handover of the product.
6. Reminder- and collection expenses
The customer shall be obliged in the case of default of payment to refund the reminder- and collection expenses incurred by Austroflamm GmbH, insofar as they are required for appropriate prosecution. For entrepreneurial transactios this includes at least a lump sum of EUR 4.00 as compensation for operating costs in accordance with § 458 UGB. The assertion of further rights and claims remains unaffected by this.
7. Default of acceptance
If the customer has not received the product as agreed (default of acceptance), after an unsuccessful setting of an extension Austroflamm GmbH shall be entitled to either store the product at its premises, for which Austroflamm GmbH can bill a storage charge of 0.1% of the gross invoice amount per calendar day started, or at the customer’s cost and risk store the product with a business authorized for this purpose. At the same time Austroflamm GmbH shall be entitled either to insist upon fulfillment of the contract or after setting a reasonable period of grace of at least 2 weeks to withdraw from the contract and to use the product elsewhere.
8. Terms of delivery
- Austroflamm GmbH delivers only within Austria and Germany.
- Austroflamm GmbH shall only be obliged to perform the service once the customer has met all their obligations that are necessary for the performance.
- Unless otherwise specified in the order confirmation, Austroflamm GmbH will dispatch the product within 3 working days of receipt of payment (excluding the company holidays 23/12 - 06/01 of each year).
- Austroflamm GmbH shall be entitled to exceed the agreed dates and delivery periods by up to one week. Only after the expiry of this period shall the customer be entitled after setting a reasonable period of grace to withdraw from the contract.
9. Minor performance modifications
If it is not a consumer transaction, minor changes or other changes to the performance or supply commitment that are reasonable for customers shall be considered to have been approved beforehand. This shall apply in particular to differences caused by the product (e.g. for dimensions, colors, grain, structure, etc.).
The statutory warranty regulations shall apply for defects in the product.
All claims for compensation shall be excluded in cases of carelessness. This shall not apply to personal injury or – for consumer transactions – to damage to items accepted for processing. The existence of carelessness or gross negligence must be proven by the injured party provided a consumer transaction is not involved. The provisions on compensation contained in these T&Cs or otherwise agreed shall also then apply if the claim for compensation is asserted alongside or instead of a warranty claim.
12. Retention of ownership
All goods are supplied by Austroflamm GmbH subject to reservation of proprietary rights and remain Austroflamm GmbH’s property until payment is complete. The assertion of the retention of ownership only constitutes a withdrawal from the contract if this is explicitly declared. When taking back goods Austroflamm GmbH shall be entitled to charge for any transport- and handling costs incurred. For access of third parties to the reserved goods – in particular via seizures – the customer shall be obliged to indicate Austroflamm GmbH's retention of ownership and immediately inform the latter. If the customer is a consumer and not an entrepreneur whose regular business operations involve trading in the goods purchased from Austroflamm GmbH, until the open purchase price claim has been settled in full the customer is not allowed to dispose of the reserved goods, and in particular not to sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
13. Data protection, address change, copyright
- Austroflamm GmbH and the customer are obliged to comply with the provisions of the Data Protection Act (DSG), The General Data Protection Regulation (DSGVO) and any other statutory obligations TO confidentiality.
- For the purpose of contract performance Austroflamm GmbH processes the personal data required for this. You can find detailed data protection legal information (data protection declaration) in compliance with Art 13 fff DSGVO on our homepage at: Data protection
- The customer shall be obliged to make known changes to their residential or business address to Austroflamm GmBH as long as the legal transaction covered by the contract has not been completely fulfilled on both sides. If the communication is omitted, then declarations shall also then be deemed to have been received if they are sent to the last known address.
- Plans, sketches or other technical documents as well as samples, catalogs, brochures, diagrams and such like permanently remain the intellectual property of the company; the customer shall not receive any rights of use or utilization rights whatsoever.
14. Right of retention
If it is not a consumer transaction, then in the case of justified complaint – except is cases of cancellation – the customer shall not be entitled to retention of the entire, but only of a reasonable, part of the gross invoice amount.
15. Place of performance, contractual language, governing law, jurisdiction
- Place of performance is the site of Austroflamm GmbH.
- The contractual language is German..
- The contract partners agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the registered office of Austroflamm GmbH has exclusive local jurisdiction to decide all disputes arising from this contract.
- Auf diesen Vertrag ist Austrian substantive law, excluding conflict of law rules of international private law (e.g. EVÜ/ROM I-VO) and the UN purchase law, is applicable to this contract. This choice of law applies to a consumer only insofar as it does not restrict any mandatory statutory provisions of the state in which he has his place of residence or habitual abode.
16. Invalidity of individual provisions
Should provisions of this contract be or in the course of their duration become , legally ineffective, invalid and/or void, the legal effectiveness and validity of the remaining stipulations shall remain unaffected. The contracting parties undertake in that case to replace the legally ineffective, invalid and/or void provision with such as, is legally effective and valid and as far as is possible and legally permissible corresponds in its economic effect to the replaced provision.
17. Final provisions
- All declarations of a legally binding nature based on this contract must be made in writing to the address last made known in writing of the other contract partner. If a declaration is sent to the address last made known in writing, then this shall be deemed to have been received by the respective contract partner.
- The assignment of individual rights and obligations from these T&Cs are permitted only with the explicit written agreement of the other contract partner.