General terms and conditions
- These general terms and conditions ("GTC") and the rights and consequences of withdrawal set out for consumers when concluding contracts in distance selling according to the Consumer Protection Act ("KSchG") or Distance and Foreign Trade Act ("FAGG") apply - unless expressly so The contrary has been agreed - for contracts between Carmesine S.L., Cami Via de Servei 30, 03830 Muro de Alcoy, email: firstname.lastname@example.org ("we", "us") and the customer, regardless of whether such a contract is concluded online via ours Website www.blauvent.com ("Website"). Further information can also be found in the data protection declaration and the right of withdrawal from Carmesine S.L.
- By submitting his contractual declaration the customer accepts these terms and conditions. Contracts can only be concluded on the basis of these conditions. We must expressly agree to any deviating, conflicting, restricting or supplementary terms and conditions and regulations of the customer so that they become part of the contract in individual cases. In particular, contract fulfillment actions on our part do not count as approval of any conditions that deviate from our terms and conditions.
- If there are several contracts that are separated in time, the version of the General Terms and Conditions that is valid at the time the contract declaration is made and published or posted by us will become part of the contract. Without the express written agreement of a framework contract, several contracts with a specific customer do not constitute a permanent obligation or any other right to conclude a purchase contract.
- We reserve the right to change the terms and conditions for the future unilaterally at any time. The current version of the terms and conditions is published with a release note under the heading "Terms and Conditions".
Conclusion of contract
- The presentation of our products on our website or in our branch is not an offer in the legal sense. The offer is made exclusively by the customer based on point 2. in this chapter.
- On our website, the customer's offer is made by ordering the item. The customer's offer becomes binding for him by clicking on the "order with payment" button. Please note that the customer will receive a separate confirmation of receipt of their orders after we have received their order. Such confirmation does not yet constitute acceptance of the offer. Our acceptance is only made by means of a separate order confirmation sent in writing or through the de facto delivery of the ordered goods. We are entitled to accept orders only in part or to reject them without giving reasons.
Registration on the website, website access
- Before the first order, the customer must register on the website.
- The customer must be at least 18 years old and therefore fully legally competent. By sending the registration form, the customer confirms the accuracy of the information, especially his name, age and address.
- We have no liability for the uninterrupted functioning of the website. We are entitled at any time, even without prior notice, to carry out work on the website that involves a shutdown / interruption. We are also not obliged to provide a certain server capacity, so that overloads and longer response times can be expected.
Prices, delivery and shipping costs
- The prices listed on the website are retail prices including sales tax and packaging. We notify the consumer of all additional freight, delivery, shipping or other costs before submitting his offer, insofar as these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, we will point out any additional costs incurred before the customer submits the offer.
- The delivery and shipping costs shown on the website are always the shipping costs.
Terms of payment
- Unless otherwise agreed in writing, our claims must be paid in full and without deduction before the ordered products are dispatched. Payment of the purchase price when purchasing via our website is possible using the following payment methods: prepayment, against invoice, credit card via PayPal and via PayPal account. The purchase price is due immediately when we accept the offer. The amount in the amount of the purchase price is therefore debited from the credit card specified by the customer when we choose to pay by credit card when we accept the offer. When paying on account, the claim is due for payment immediately after receipt of the invoice, but at the latest within 14 days and transferred to the account we have given.
- If the customer is in arrears with payment, we calculate the annual statutory default interest in the amount of 4 percent in the case of a consumer transaction and 9.2 percent points above the base rate in the case of a business transaction. Furthermore, we are entitled to request compound interest amounting to 4 percentage points from the due date of the payment.
Dunning and collection expenses
- In the event of delayed payment by a consumer within the meaning of the KSchG, the consumer undertakes to pay the reminder and collection expenses actually incurred, which are necessary for the appropriate legal prosecution, in particular the costs of any debt collection agency that may arise, which result from the applicable regulations for maximum fees in debt collection , as well as the costs of lawyers under the Lawyers' Tariff Act.
- In the event of delayed payment by an entrepreneur within the meaning of the Austrian Commercial Code ("UGB") ("Entrepreneur"), he also undertakes to pay in accordance with Section 6.1 to pay a lump sum amount of EUR 40 for any debt collection costs regardless of the invoice amount.
- In addition, depending on fault, any further damage, in particular but not exclusively, the damage that arises from the fact that, as a result of non-payment, we incur correspondingly higher interest on any credit accounts.
Right and consequences of withdrawal for consumers when concluding a distance contract according to KSchG or FAGG
- If the customer is a consumer within the meaning of the KSchG and if he has concluded the contract based on these General Terms and Conditions as a distance contract or outside of our business premises, he can withdraw from it until the expiry of the period specified in LINK without giving any reason. For all further details please follow this internal LINK.
Retention of title
- The goods delivered by us remain our property until all of our claims from the respective delivery have been paid in full.
- The customer is obliged to treat the goods with care while the retention of title exists. He must immediately inform us of all third-party access to the goods, in particular foreclosure measures, as well as damage or destruction of the goods. In the event of fault, the customer must compensate us for all damage and costs arising from a breach of these obligations and through necessary intervention measures against third-party access to the goods.
- In the case of defects in the goods, the statutory warranty provisions apply to customers - unless otherwise agreed below with regard to entrepreneurs. There is no warranty case for damage caused by improper use or handling of the product. The same applies to normal wear and tear.
- The product images on the website and / or in our folders may differ due to the resolution and size in terms of color and size from the appearance of the delivered products. The delivered goods are deemed to be in accordance with the contract if the delivered pieces comply with the other product specification.
- If the customer is a consumer within the meaning of the KSchG, he must check the delivered goods as soon as possible for completeness, correctness and other freedom from defects, in particular for the integrity of the packaging, and send us any defects by email to email@example.com announce and briefly describe. This only serves to process possible complaints more quickly and effectively. A violation of this obligation does not limit the statutory warranty rights of the consumer.
- If the customer requests the goods to be returned to us and the goods are actually defective, we will bear the corresponding costs. Otherwise, any costs of the shipment must be borne by the consumer. Defective goods can therefore only be sent back at our express request.
- If the customer is an entrepreneur, he must check the delivered goods for completeness, correctness and other freedom from defects, in particular the integrity of the packaging, if possible. If there are defects, he must notify them within a reasonable period of time, but no later than four calendar days after receipt of the goods, by email to firstname.lastname@example.org. If the entrepreneur has not reported any defects within the notice period, the delivery is deemed approved and all claims such as e.g. Warranty, contestation of error or compensation for a later claimed deviation or defect (§ 377 UGB). This also applies to any incorrect deliveries or deviations in the delivery quantity.
- If the customer is an entrepreneur, we have the exclusive choice of remedy to remedy a defect that has been reported in good time. We are also free to change the agreement immediately.
- If the customer is an entrepreneur, he must bear the costs of returning the goods for improvement or exchange.
- We are liable for damage in accordance with the statutory provisions. Liability for slightly negligent damage is excluded. This limitation of liability does not apply to damage resulting from injury to life, limb or human health and to claims under the Product Liability Act.
- Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year from the transfer of risk. The provisions contained in these General Terms and Conditions or otherwise agreed on compensation apply even if the compensation claim is made in addition to or instead of a warranty claim.
- If the customer is an entrepreneur, any recourse claims within the meaning of Section 12 of the Product Liability Act are excluded, unless the person entitled to recourse proves that the error was caused in our sphere and was at least grossly negligent.
Restrictions on retention
- Justified complaints entitle customers the entrepreneurs are not to withhold the entire, but only a reasonable part of the invoice amount. The statutory right of retention of consumers is in no way restricted.
Change of address
- The customer is obliged to immediately notify us of changes in his residential or business address and contact details during an upright business relationship. If he fails to notify, declarations are also deemed to have been received if they are sent to the last address given by him.
Place of performance, place of jurisdiction, choice of law, other
- The place of performance for all services provided on the basis of these General Terms and Conditions is the seat of our company in 6150 Steinach am Brenner, Mauern 18B.
- In the case of business transactions and consumer transactions in which the consumer is neither domiciled nor habitually resident in Austria at the time the complaint is filed and is not employed domestically, the exclusive place of jurisdiction for all disputes arising from this contract is the court which is responsible locally and objectively for Innsbruck. If the customer is an entrepreneur, the exclusive choice of jurisdiction applies. Our authority to call another court responsible for the customer in this case remains unaffected.
- The substantive law of the Republic of Austria applies exclusively, to the exclusion of the reference standards and the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as mandatory provisions of the law of the country in which he is habitually resident are not suppressed.
- Should individual regulations of these General Terms and Conditions be ineffective in whole or in part, this does not affect the validity of the other regulations and the contracts concluded on the basis of them. The in whole or in part ineffective regulation is replaced only with contracts with entrepreneurs by a regulation which comes as close as possible to the meaning and purpose of the ineffective regulation.