General Terms and Conditions Online Shop
Version dated 31 October 2010
§ 1 CONCLUSION OF CONTRACT - SCOPE OF APPLICATION Between the owner of petzner.shop, Petzner Textil GmbH, based in Timenitz (hereinafter referred to as Petzner Textil) on the one hand and the purchaser (customer) on the other, the following General Terms and Conditions (GTC) apply to the business relationship in connection with the sale of textiles and other movable items in the version valid at the time the respective contract is concluded: The GTC apply to both consumers and companies, unless a differentiation is made in the respective clause. The GTC shall apply exclusively. Petzner Textil does not recognise any deviating terms and conditions and hereby objects to them. If the customer is an entrepreneur with terms and conditions that conflict with or deviate from these GTC, Petzner Textil does not recognise these terms and conditions and hereby objects to them, unless Petzner Textil has agreed to their validity in writing.
§ 2 BUSINESS PARTNERS
Contractual partners can be natural persons and legal entities resident in the Republic of Austria or other countries.
§ 3 OFFER - ACCEPTANCE - CONCLUSION OF CONTRACT
The products displayed in the online shop do not constitute an offer. The customer submits a contractual offer (order). Therefore, only an order placed electronically (via the Internet) or by telephone constitutes a legally binding offer. The consumer can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser before submitting the binding order by pressing the "Back" button in the Internet browser used by him after checking his details. The receipt of orders is confirmed immediately, electronically and automatically. The confirmation of receipt itself does not constitute acceptance. Acceptance of the order is made by e-mail by means of the automatically generated e-mail ("order confirmation"). In principle, only normal household quantities are delivered to end customers. Orders of larger quantities are only possible by individual written agreement.
§ 4 PRICES - METHOD OF PAYMENT - DEFAULT
The prices quoted are in EUR and include the statutory value added tax, which is indicated on the invoice. Shipping costs will be added. The prices of the respective order date shall apply. Delivery shall be made via delivery services of Petzner Textil's choice or by collection from the customer during the announced opening hours. For shipments to other EU member states and third countries, please refer to the shipping costs table. For deliveries to countries outside the European Union, any taxes and customs duties incurred must be borne by the customer. Shipping costs, cash on delivery charges, taxes and customs duties cannot be refunded. Transport insurance will not be taken out. Only prepayment is accepted as a method of payment in Austria and other countries. If necessary, Petzner Textil checks and evaluates the data provided by the customer and, if justified, exchanges data with a business information service. If a customer is in default of payment, Petzner Textil is entitled to charge interest on arrears at a rate of 5% above the base rate pa. If Petzner Textil can prove that it has incurred higher damages due to default, it shall be entitled to claim these. The customer is only entitled to set-off if his counterclaims have been legally established, recognised by T2Be or arise from the same legal relationship.
§ 5 DELIVERY AND OBLIGATION TO GIVE NOTICE OF DEFECTS
Information on delivery periods is non-binding, unless the delivery date has been agreed as binding in exceptional cases. If in this case the non-compliance or delay of an agreed delivery period is due to force majeure, labour disputes, fire, unforeseen obstacles or other circumstances for which Petzner Textil is not responsible, the delivery period shall be extended for the duration of these events. Petzner Textil is entitled to make partial deliveries if part of the ordered goods are temporarily unavailable. Additional shipping costs shall not be borne by T2Be. If the customer is in default of acceptance, Petzner Textil may claim compensation for any damages incurred as a result, whereby the customer reserves the right to provide evidence of lesser damages. As long as the customer is in arrears with an obligation, Petzner Textil's obligation to deliver shall be suspended.
§ 6 WARRANTY FOR DEFECTS
Within the framework of the following provisions, Petzner Textil guarantees that deliveries and services are free from defects in the sense of the warranty for the duration of the statutory warranty period of two years. The customer must describe defects in the product as precisely as possible and return the product. A copy of the purchase invoice/delivery note must be enclosed with the returned goods. Defects in faulty items will primarily be remedied by replacement. The warranty does not cover defects and damage that are causally related to the fact that the customer has not complied with the care and washing instructions, unless these circumstances are not the cause of the reported defect. Textiles that were not purchased from Petzner Textil will be returned unrepaired and the resulting costs will be charged to the customer.
§ 7 LIABILITY FOR DAMAGES
The liability of Petzner Textil for contractual breaches of duty and liability in tort is limited to intent and gross negligence. Insofar as liability for damages that are not based on injury to the life, body or health of the customer is not excluded for slight negligence, such claims shall become time-barred within one year of the claim arising. Insofar as liability for damages against Petzner Textil is excluded or limited, this shall also apply with regard to the personal liability for damages of Petzner Textil's employees, workers, staff, representatives and vicarious agents. In particular, Petzner Textil shall not be liable within the aforementioned scope for non-specific product-related information and tips that are offered free of charge, nor for hyperlinks that refer to third-party offers.
§ 8 RESERVATION OF AVAILABILITY
Unavailable items are labelled as such on the Internet or are placed offline (not visible). Petzner Textil is entitled to withdraw from the contract if the customer does not receive the delivery item despite the prior conclusion of a purchase contract. The customer will be informed immediately of the failure to receive the goods and, in the event of cancellation, will be reimbursed immediately for any consideration already received. Petzner Textil is entitled to withdraw from the contract in the event of non-delivery, incorrect or untimely self-delivery to business customers.
§ 9 CANCELLATION POLICY FOR CUSTOMERS IN GERMANY
Right of cancellation The customer can cancel his contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or by returning the goods. The cancellation period begins at the earliest upon receipt of these instructions, but not before delivery of the goods. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period. The cancellation is to be sent to: Petzner Textil GmbH GF: Thomas Petzner Address: Landesstrasse 6, 9064 Timenitz Telephone: +43 (0) 664 88 207 326 E-mail: info@petzner.shop In order to ensure the fastest possible processing, the customer must enclose a copy of the purchase invoice/delivery note and a detailed description of the fault with the return of the goods. Failure to do so has no legal consequences. Consequences of cancellation In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. benefits of use) must be surrendered. If a deterioration of the goods occurs, Petzner Textil can be demanded compensation. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible for the customer in a shop, for example. Furthermore, the customer can avoid an obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair the value of the goods. The customer shall bear the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40.00 or, if the price of the goods is higher, if the customer has not yet paid the consideration or a contractually agreed instalment at the time of cancellation. If possible, the goods must be returned to Petzner Textil in their original packaging and with all packaging components. If the original packaging no longer exists, suitable packaging must be used to ensure adequate protection against transport damage. Only in the case of goods that cannot be sent by parcel post (e.g. bulky goods or parcels over 20 kg) is the customer entitled to declare the return in text form, e.g. by letter, fax or e-mail. Exclusion: The right of cancellation does not apply to contracts for products that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer.
§ 10 CANCELLATION POLICY
If the buyer is a consumer, he is entitled to withdraw from the purchase contract within 7 working days without giving reasons to the seller. This right of cancellation only applies to consumers within the meaning of the Consumer Protection Act and not to entrepreneurs. In the event of cancellation, the goods must be returned to the seller complete and in their original packaging. Customised products or other goods that are not suitable for return are excluded from the right of return and withdrawal. The buyer shall bear the costs for returns in the event of incorrect deliveries. The buyer requests a parcel label by email. The seller will send the parcel stamp to the buyer by email as a .pdf file. In all other cases, the costs of the return shipment are to be borne by the buyer. The invoice amount to be refunded can be reduced accordingly by the seller. For the cancellation period of 7 days, Saturday does not count as a working day. The cancellation period begins on the day the goods are received by the buyer. Timely dispatch of the notice of cancellation (e.g. by letter or e-mail) to the seller is sufficient to comply with the right of cancellation. The cancellation must be sent to: Petzner Textil GmbH, Landesstrasse 6, 9064 Timenitz, Austria or by e-mail to: info@petzner.shop com. The seller reserves the right to refuse to accept affected returns from the customer if the cancellation period expires.
§ 11 RETENTION OF TITLE
The delivered goods remain the property of Petzner Textil until full payment has been received.
§ 12 OBLIGATION TO INSPECT AND GIVE NOTICE OF DEFECTS
If the customer is an entrepreneur, he must inspect the goods within a reasonable period of time after delivery and, if they are defective, notify Petzner Textil immediately. If the customer fails to do so, the goods shall be deemed to have been approved. If a defect becomes apparent later, the notification must be made within a reasonable period after discovery.
§ 13 EXPORT
If the goods are exported to customers in territories outside the Republic of Austria, Petzner Textil accepts no liability if the delivered products infringe the property rights of third parties. The buyer is obliged to compensate for all damages caused by the export of goods that were not expressly delivered by Petzner Textil for export.
§ 14 CONTRACTUAL VALIDITY/TRANSFERABILITY
Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The customer may only transfer rights under this contract with the consent of Petzner Textil.
§ 15 CONTRACTUAL LANGUAGE
The contractual language is German.
§ 16 APPLICABLE LAW AND PLACE OF JURISDICTION
The law of the Republic of Austria shall apply. The validity of the international uniform law on the sale of goods of the Uncitral Agreement is excluded. In business transactions with entrepreneurs, legal entities under public law or special funds under public law, the place of jurisdiction shall be the competent court at the registered office of Petzner Texitl GmbH (9064 Timenitz, Austria).
§ 17 DECLARATION ON DATA PROTECTION
Petzner Textil stores personal data electronically in order to process the business relationship and passes it on to third parties (e.g. post office, legal advisors or Petzner Textil) solely for this purpose. The customer is entitled to prohibit the transfer of data at any time. Petzner Textil stores the order data and sends it to the customer by email together with these GTC. The GTC can be viewed at any time at www.petzner.shop. If the customer has created an account with Petzner Textil, the order data can be viewed in the customer login area. Cookies or active content are obtained via the website www.petzner.shop.