General Terms and Conditions
1. General
1.1.
These general terms and conditions (“Terms and Conditions”) apply to orders, sales, and deliveries of products (“Products”) offered and distributed in this web shop (“Web Shop”) via the website https://der-baugreissler.at.
1.2.
The contract language is German
2. Scope of Application
2.1.
These Terms and Conditions apply when the buyer is a consumer within the meaning of § 1 KSchG (Consumer Protection Act) (“Customer”).
3. Changes to the Terms and Conditions
3.1
The provider reserves the right to modify these Terms and Conditions. The Terms and Conditions valid at the time of purchase apply to the sale of products.
4. Customer Account
4.1.
To order products, the customer can create a customer account in the web shop. Creating the customer account requires the customer to provide certain information.
Ordering is also possible without a customer account.
5. Order, Order Confirmation, Shipping Confirmation
5.2.
The products and prices displayed in the web shop constitute an invitation to the customer to submit a binding offer to the provider for the purchase of the products (“Order”). By clicking the button labeled “place order” or any other equivalent wording, the customer submits the binding order to the provider. Images and drawings of the goods are considered approximate values only, unless expressly stated as fixed values for the product. The customer accepts minor and objectively justified changes.
5.3.
The provider will promptly send the customer a confirmation to the email address provided, confirming that the order has been received by the provider (“Order Confirmation”). This order confirmation does not constitute acceptance of the customer’s order, but merely confirms receipt of the order by the provider.
5.4
Acceptance occurs at different times and in different forms depending on the selected payment method:
● by sending an order confirmation via email, with the time of receipt of the order confirmation by the customer being decisive.
● by shipping the ordered goods to the customer, with a transmitted shipping confirmation being understood as an order confirmation. If no separate shipping confirmation is sent to the customer, receipt of the goods by the customer is decisive.
● by sending a payment request.
5.5.
The customer must ensure that all information provided in connection with an order, particularly the data necessary for shipping, is accurate, correct, and current. The customer must notify the provider immediately of any changes to this information.
5.6.
The provider will send the customer an electronic invoice after conclusion of the contract. The customer agrees to receive an electronic invoice.
6. Payment Terms
6.1.
All stated prices are in euros including VAT, but excluding shipping costs, unless otherwise stated. Shipping costs will be displayed to the customer before placing the order.
6.2.
Payment in the web shop can be made using the following payment methods: advance payment, credit card, Apple Pay, PayPal, instant bank transfer.
6.3.
Shipping costs depend on the order and are displayed by the provider before ordering and in the order confirmation.
7. Delivery
7.1.
The customer has access to the shipping methods specified by the provider in the web shop.
7.2.
The delivery dates specified by the provider are based on the information provided by the commissioned shipping service provider. The delivery time for products to the customer is a maximum of 30 days from conclusion of the contract, unless a different delivery date is specified for the respective products.
7.3.
If failure to meet the delivery date is due to force majeure, labor disputes, or other events beyond the provider’s control, the delivery date will be extended appropriately for the duration of the obstacle. The provider will notify the customer of the beginning and end of such circumstances as soon as possible, without the customer being able to derive claims from failure to provide notification.
7.4.
If the customer is in default with acceptance of the products, the warranty period for the provider’s performance begins to run.
8. Retention of Title
8.1.
The provider retains ownership of the products until full payment of the purchase price and ancillary costs (particularly shipping costs) by the customer.
9. Provider's Default
9.1.
If the provider is in default with its performance, the customer must first request the provider to perform within a reasonable grace period of two weeks. If the provider does not perform within this period, the customer may withdraw from the contract or continue to demand performance.
10. Warranty
10.1.
der BAUGREISSLER gmbh provides warranty within the framework of statutory provisions. For complaints, please contact office@der-baugreissler.at.
10.2.
The provider may require the customer, if feasible, to send the defective products, with the provider bearing the risk of transmission and the costs of return shipping. The customer is requested to report goods delivered with obvious transport damage to the delivery service and to inform the provider. If the customer fails to do so, this has no effect on their warranty claims.
11. Liability and Damages
11.1.
The provider’s liability for damage caused by slight negligence, excluding personal injury and contractual primary performance obligations, is excluded. Liability is also excluded for pure financial losses, loss of profit, damage to third parties, indirect damage, and consequential damage from defects. Liability-limiting or -excluding provisions of this section 11 do not apply if and to the extent that gross negligence or intent exists on the part of the provider.
12. General Provisions
12. General Provisions
12.1.
Unless Austrian law already applies due to the orientation of this web shop toward Austria, the exclusive application of Austrian law is agreed upon, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2.
For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
12.3.
The customer may only offset claims against the provider’s claims if the claims are legally related to the claims, have been acknowledged, or have been established by a court.
12.4.
The customer is obligated to notify the provider of changes to their address. If the customer does not notify a change of address, a declaration from the provider sent to the last known address is still considered received.
13. Shipping Costs
Mention shipping costs here and link to the page.
