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GENERAL TERMS AND CONDITIONS OF TRADE
1. Application of Terms
1.1 The business relations between the Kellereibedarf Knopf GmbH (Ltd.) are solely subject to the following Terms and Conditions of Trade.
1.2 We do not accept opposing terms and conditions on the part of our customer or terms and conditions deviating from our own Terms and Conditions of Trade. Our Terms and Conditions of Trade also apply if we carry out an order without reservation, while being aware of opposing or deviating terms and conditions on the part of the customer. We hereby expressly reject order confirmations given by the customer which refer to his deviating terms and conditions of purchase.
2. Offers and Conclusion of a Contract
2.1 The order of the customer is deemed an offer to the Kellereibedarf Knopf GmbH to conclude a purchase contract.
2.2 With orders via the Internet-Shop the Kellereibedarf Knopf GmbH confirms the customer the receipt of the order per e-mail. This receipt does not establish an acceptance of the order of the customer, but only informs about the receipt of the order. Are the goods ordered by the customer not available then the customer is informed accordingly.
2.3 The purchase contract is established when the goods ordered by the customer are shipped by the Kellereibedarf Knopf GmbH, with this fact being reported to the customer in orders via the Internet-Shop per e-mail (shipment confirmation).
2.4 Goods ordered by the customer which are not listed in the shipment confirmation are not included in and part of the purchase contract.
3. Minimum Order Value
3.1 The minimum order value for orders from domestic delivery addresses is EUR 25.00.-.
3.2 The minimum order value for orders from foreign delivery addresses is EUR 45.00.-.
3.3 For orders falling short of the values stated above we charge an extra fee of currently EUR 5.00.-.
4. Order Cancellation
4.1 If the customer is a consumer under the terms of the Austrian Consumer protection Act, the customer van cancel his/her order according to the conditions stated below:
4.2 The customer has the right to cancel any order placed with the Kellereibedarf Knopf GmbH within 7 (seven) work days whereby a Saturday is not counted as work day, after receipt of the goods beginning with the day of arrival of the goods at the customer's.
4.3 The customer has no right to cancel an order for goods which have been custom made, which are clearly designed for personal usage, which are due to their nature unfit for return shipment, which easily perishable within short time or whose best-before date has been exceeded.
4.4 In case of qualified cancellation of the order the Kellereibedarf Knopf GmbH has to refund the payments received from the customer and the customer has to return the service (goods) as well as to pay an adequate fee for the usage including the depreciation of the general value of the service (good) in a concurrent performance; the acceptance of the service (good) into the possession of the customer in itself does not state a depreciation. The costs for the return shipment of the goods are borne by the customer.
5. Shipping
Unless agreed upon otherwise, the shipment are delivered ex warehouse to the delivery address given by the customer.
5.2 The delivery of goods takes place at the risk and expense of the customer. The delivery takes place via postal service or parcel delivery service. Bulky deliveries take place via rail operators or forwarding companies. A transport insurance to cover transportation risks has to be procured by the customer himself/herself.
5.3 Delivery periods on our quotations and order confirmations are only indicative. Delays in delivery can be caused by insufficient or faulty supply deliveries to our company. The Kellereibedarf Knopf GmbH will inform the customer without delay of any difficulties in the delivery.
6. Payment
6.1 The following methods of payment are accepted: advance payment, payment with credit card, cash on delivery or payment upon receipt of the invoice and receipt of the goods. The customer can choose the method of payment in the course of the ordering process. The Kellereibedarf Knopf GmbH reserves the right to decline a method of payment chosen by the customer.
6.2 In case of payment upon receipt of goods and invoice the payment becomes due within seven days after receipt of goods and invoice.
6.3 In the event of default in payment the customer has to pay default interest of 8% over the basic interest rate. The basic interest rate applied is the basic interest rate of the last day of the half-year (June 30th and December 31th) and is valid for the following six months.
6.4 In the event of default in payment the customer also has to pay the costs for extrajudicial encashment by debt collection agencies and lawyers, hired by the Kellereibedarf Knopf GmbH for this default payment apart from the default interest. The costs running up are those published as maximum rates for debt collection agencies (BGBl 1996, 141 in the currently applicable amendment, to be studied under www.ris.bkv.gv.at ).
7. Retention of Title
Delivered goods shall remain the property of the Kellereibedarf Knopf GmbH until all outstanding debts have been paid in full.
8. Change of Residence
The customer must notify the Kellereibedarf Knopf GmbH of any change of residence between order and fulfilment of the order without delay. Any additional costs for research and redirection have to be paid by the customer.
9. Creditor Protection
9.1 In cases of sale on open account the Kellereibedarf Knopf GmbH is entitled to pass on the name of the customer, his/her birthday and address to the Credit-Records of the Kreditschutzverband von 1870 (Creditors' Protection Association of 1870) to check on the reliability of the customer.
9.2 In the event of default payment of the customer the Kellereibedarf Knopf GmbH is entitled to pass on the name of the customer, his/her birthday and address as well as the open account balance to the Credit-Records of the Kreditschutzverband von 1870 (Creditors' Protection Association of 1870) in 1010 Vienna, Austria.
10. Place of Fulfilment, Place of Jurisdiction, Applicable Law
10.1 Place of fulfilment is the registered office of the Kellereibedarf Knopf GmbH.
10.2 Place of jurisdiction is 1010 Vienna, Austria.
10.3 The law applicable is the Austrian Law, excluding the UN-Convention of Contacts (CISG).
Latest Version 2007
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