Contract terms and conditions under purchase contracts concluded via this online shop between August Weilharter, Energiestrasse 1, 3376 Karlsbach (hereinafter referred to as "supplier") and the respective buyer (hereinafter referred to as "customer").
1 Scope, definitions
1. The following General Terms and Conditions shall apply to the business relationship between the Webshop Provider (hereinafter referred to as the Provider) and the Customer (hereinafter referred to as the Customer) as valid at the time of the order. Different terms and conditions of the buyer shall not be recognised unless the supplier expressly agrees to their validity.
2. Consumers are any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to his professional or self-employed activity. By contrast, an entrepreneur is any natural or legal person or legal person who, when concluding the contract, acts in the exercise of his professional or self-employed activity.
Conclusion of contract
1. The customer can select products from the supplier's range and collect them from a shopping cart using the "Add to Cart" button. By using the "Payable Order" button, he makes a binding request to purchase the goods contained in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can access the page on which his data has been collected at any time before a binding order is made by pressing the "Back button" in the browser. Input errors can be corrected here. The order process can be interrupted by closing the internet browser. However, the request can only be submitted and transmitted if the customer, by clicking on the button "With your order you agree to our General Terms and Conditions. Please also note the statement of revocation."has accepted these terms and conditions and has therefore included them in his application.
2. The receipt of your order is confirmed together with the acceptance of the order immediately after the dispatch by an automated e-mail. With this e-mail confirmation the purchase contract has been concluded. Exceptions include immediate payment options (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Instant Transfer). If you have chosen such a payment method with immediate payment, the contract will be concluded at the time of your confirmation of the payment instruction. If you have chosen the payment method of advance payment, the contract will come into effect if you receive a payment request with the corresponding bank details before the acceptance declaration by us. With this payment request we accept your offer.
Three. The provider stores the contract text and sends the order data to the customer by e-mail. The supplier's Terms and Conditions may also be used by the customer at any time under: https://alpha-energy.at/agb to be seen. Previous orders are in the customer area under https://alpha-energy.at/bestellungsverlauf visible.
Delivery, dispatch, payment
The delivery period shall begin on payment by advance on the day following the issue of the payment order to the transferring credit institution or for other types of payment, run on the day following the conclusion of the contract and end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a generally recognised public holiday at the place of delivery, the next working day shall replace such a day.
Reservation of title
Until the full payment is made, the goods delivered shall remain the property of the supplier.
5 Prices and shipping costs
1. The prices indicated on the provider's website are final prices zzgl. Shipping.
2. All prices shown on the supplier's website are inclusive of the applicable statutory sales tax.
Three. The corresponding shipping costs are indicated to the customer in the order form and must be borne by the customer.
Four. The goods are sent by Austrian mail. The risk of shipping is borne by the supplier if the customer is a consumer.
6 Payment methods
1. The customer can make the payment using the following methods: advance payment, credit card, Paypal or instant transfer.
2. Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer will already be late by default. In that case, it shall pay the supplier interest on late payments of five percentage points above the basic rate.
Three. The obligation on the customer to pay default interest does not preclude the supplier from claiming further damage to the delay.
Technical assistance, guarantee
1. All goods from our shop are subject to statutory warranty rights.
2. The supplier shall be liable for any defects in accordance with the applicable legal provisions, in particular Article 434(f). BGB! The warranty obligation on contractors shall be twelve months.
Three. An additional guarantee exists for the goods delivered by the supplier only if they have been expressly delivered in the order confirmation to the respective article.
Four. Special guarantee The buyer has the right to test our sleeping space harmonisation plate for 14-day periods after receipt and to return in case of discontent without stating reasons. The purchase amount shall be returned in full to the means of payment used for the payment. Extensions of the test warranty are possible on request.
1. Customer claims for damages are excluded. This excludes claims for damages of the customer arising from the violation of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from a deliberate or grossly negligent breach of obligations of the provider, its legal representatives or agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the Treaty.
2. In the event of a breach of essential contractual obligations, the provider shall only be liable for typical foreseeable damage if it was simply caused negligently, unless it concerns claims for compensation of the customer resulting from an injury to life, body or health.
Three. The limitations of Abs. 1 and 2 shall also apply to the legal representatives and agents of the offeror where claims are made directly against them.
Four. The provisions of the Product Liability Act remain unaffected.
Information on data processing
Code of conduct
The provider has submitted to the test criteria of the tested webshop, which are available on the Internet under: https://www.gepruefter-webshop.de/files/6815/2724/8502/Prfkriterien_Stand_05.2018.pdf are visible.
1. Contracts between the supplier and the customer shall be governed by the law of the Republic of Austria, with the exception of the UN Sales Law. In the case of orders from consumers from abroad, binding rules or the protection granted by the courts of the country of residence shall remain in place and shall apply accordingly.
2. The competent court shall be governed by the laws.
Three. The Treaty shall also remain binding in its remaining parts in the event of the legal ineffectiveness of individual points. In place of the invalid points, where available, the legal provisions shall apply. However, to the extent that this would constitute an unreasonable hardship for a Contracting Party, the Treaty shall become null and void in its entirety.
Four. The contract language is German.
These Terms and Conditions were www.gepruefter-webshop.de are drawn up and regularly checked for legal certainty. In the event of a warning, the inspected webshop assumes full responsibility for the legal texts created.