General Conditions of Sale & Delivery for the online shop of EUROTECH Maier Ernst GmbH.
§ 1 Area of validity:
(1) These General Conditions of Sale & Delivery apply to all orders placed in the online shop of Eurotech Maier Ernst GmbH. They shall apply in relation to consumers to the extent permitted by mandatory law.
(2) The range provided in this online shop is intended solely for purchasers who are at least 18 years of age, who are consumers and are resident in Austria or in the European Union.
(3) The contract and correspondence language is German.
(4) You do not have to set up a customer account to place orders in the online shop. You may also place an order as a guest, but you will then have to enter your data again each time you place further orders.
§2 Contracting party, conclusion of contract:
(1) Your contracting party is Eurotech Maier Ernst GmbH, Herrschaftswiesen 5, 6842 Koblach, Austria, T. +43 5523 53852, F. +43 5523 53852-4, E. firstname.lastname@example.org, VAT No: ATU44313603 (hereinafter referred to as Eurotech).
(2) The presentation of the goods in the online shop does not constitute an offer. Instead, it is only an invitation for you to place an order.
(3) By clicking the ‘Order with obligation to pay’ button, you submit an offer that is binding for you to Eurotech to purchase the ordered goods.
(4) Eurotech accepts your order immediately with an automatically generated email to the address you stated in the order.
(5) Eurotech is entitled to accept orders only in part.
§ 3 Prices:
(1) All prices in the online shop are in euro, including value-added tax at the statutory rate and including customary packaging but excluding additional shipping costs.
(2) Shipping costs depend on the country of delivery and will be notified to you by us before your order.
§ 4 Payment, default and retention of title:
(1) The place of fulfilment for the payment is Eurotech’s headquarters.
(2) The payment can be made via credit card, PayPal or direct transfer (Klarna).
(3) In the case of payment via credit card, the purchase price at the time of the order is reserved on your credit card (‘authorisation’). Your credit card account will be charged at the time that Eurotech sends the goods to you.
(5) If the purchase price is paid using the online payment service PayPal or Klarna (direct transfer) but is later debited back and credited to your (PayPal) account on the basis of your application for buyer protection under the PayPal buyer protection policy or the Klarna buyer protection policy, the purchase price claim of Eurotech will be revived.
(6) If you should enter into default of payment, you will owe default interest at the statutory rate. For reminders, Eurotech invoices a reminder fee of EUR 3.50 unless a lower or higher level of damages can be proven in an individual case.
(7) Until full payment of the purchase price, the title to the goods shall remain with Eurotech (retention of title).
§ 5 Place of fulfilment, delivery:
(1) Delivery shall be effected in accordance with the delivery period stated in the online shop for the product.
(2) The delivery will take place between 8 am and 7 pm at the delivery address you have stated in the order. If the goods cannot be delivered because you are not present and if this should result in additional costs, these shall be borne by you.
(3) If you do not accept the delivery without justification, you shall enter into default of acceptance. Eurotech is also considered to have rendered its delivery in such cases and shall be entitled to place the goods in storage at your expense. Eurotech is to be compensated by you immediately for the resulting storage costs.
(4) Eurotech is entitled to perform partial deliveries; these conditions shall apply in their entirety for such deliveries.
(5) If unforeseen circumstances beyond Eurotech’s control (force majeure, delivery delays on the part of suppliers, disruptions or interruptions to operations, transport delays, lack of raw materials or energy for which Eurotech is not responsible, etc.), which are more than short-term, render it unable to perform delivery by the agreed date, Eurotech shall have the right to perform delivery at the next possible date provided that you can still be expected to accept the delivery at that point in time. Eurotech shall otherwise be entitled to withdraw from the contract. For any other delayed delivery, Eurotech shall only be liable in the event of gross negligence and intent on its own part.
§ 6 Warranty and liability:
(1) The statutory warranty regulations shall apply.
(2) Eurotech does not provide any warranty for specifications relating to products in catalogues, promotional letters, brochures, etc. stated outside the online shop.
(3) Eurotech shall only be liable for damage if it is charged with intent or gross negligence. Eurotech shall not be liable for consequential damages, especially lost profits and retrieval costs. The level of Eurotech’s liability is limited to EUR 100,000.00. All these limitations of liability apply only to the extent that they are permitted by mandatory law.
§ 7 Applicable law and place of jurisdiction:
(1) The purchase contract is subject to substantive Austrian law with exclusion of UN sales law. However, mandatory consumer protection regulations in the country of the consumer’s habitual place of residence shall remain applicable irrespective of the choice of law.
(2) Where permitted by mandatory law, the sole place of jurisdiction is the court responsible for Eurotech’s headquarters. Dispute resolution proceedings of third-parties, e.g. the buyer protection granted in accordance with the PayPal buyer protection policy, shall not be binding.
(3) Eurotech is neither obligated nor prepared to participate in dispute resolution proceedings in front of a consumer arbitration board.
§ 8 Notice about your right of revocation:
(1) You have the right to withdraw from this contract within 14 calendar days without stating reasons. The period starts on the day when you, or a third party appointed by you who is not the carrier, take(s) possession of the goods.
(2) In order to exercise your right of revocation you must inform Eurotech by an unambiguous declaration about your decision to revoke this contract. The easiest way to do this is to use this cancellation form which you can complete and send electronically. If you declare withdrawal electronically using the form provided, Eurotech will immediately send a confirmation of receipt of your withdrawal to the email address you have provided. The withdrawal period is complied with if you send your declaration of withdrawal within the period.(3) If you revoke this contract, Eurotech must refund you all payments received from you immediately and at the latest within fourteen days from the day on which the notification about your revocation of the contract is received by Eurotech. Repayment will be made to the account specified by you for this. You will not be charged any fee for this repayment.(4) If you have decided on a delivery other than the most favourable standard delivery offered by Eurotech, you will have no entitlement to reimbursement of the additional costs that incur.
(5) Eurotech may refuse to reimburse the payment until it has received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
(6) If you withdraw from the contract within the period, you must return the received goods to Eurotech at your own expense immediately, or at the latest within 14 days from the time when you submit a declaration of withdrawal. The period for return is complied with if the goods are sent within the period.
§ 9 Final provisions:
(1) You are not entitled to assign your claim for delivery of the goods to others.
(2) If provisions in the contract should be or become invalid or unenforceable, the remainder of the contract shall be unaffected. These invalid or unenforceable provisions shall be deemed to be replaced by valid and enforceable provisions that are closest to the intended commercial purpose (severability clause).
(3) Ancillary agreements, changes and additions must be made in writing to become effective. This also applies to the removal of this requirement for submissions in writing.