General Terms and Conditions
1. General
1.1 Scope
These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business relations between me (Kroiss Pipes, Mr. Alexander Kroiss, Salling 4B/1, 4791 Rainbach im Innkreis, Austria) and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contractual agreement
The contractual language is German.
1.3 Conclusion of contract
The presentation of the product range in my online store is initially subject to change and non-binding.
The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, enter your details including your billing address and, if applicable, a different delivery address, unless you have already entered them in your customer account. In the third step, select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, items ordered) once again and correct any input errors before confirming your order by clicking on the "Order with obligation to pay" button. By placing an order, you make a binding offer to enter into a contract. I will confirm receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. I am entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post, or by notifying you of the dispatch of the goods. The contract is only concluded upon acceptance.
1.4 Storage of the text of the contract
The text of the contract will be stored by me and sent to you in text form (e.g. e-mail or by post) together with these General Terms and Conditions and customer information after your order has been sent. However, you can no longer retrieve the text of the contract via the website after sending your order. You can use the browser's print function to print out the relevant website with the contract text.
2. Delivery
2.1 Partial deliveries
I am entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by me even with the utmost care and for which I am not responsible (these include in particular strikes, official or court orders, e.g. in the event of pandemics and cases of incorrect or improper self-delivery despite a covering transaction to this effect) entitle me to postpone delivery for the duration of the impeding event.
2.3 Exclusion of delivery
Delivery to P.O. Box addresses is excluded.
2.4 Default of acceptance
If you are in default of acceptance of the ordered goods, I am entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for delay or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery shall be made by me within 5 days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the transferring bank or, in the case of payment on delivery or purchase on account, on the day after the contract is concluded. The deadline ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized at the place of delivery, the period shall end on the next working day.
3. Payment
3.1 Prices and shipping costs
All prices are final prices. In addition, the costs for packaging and shipping are shown separately in each case, unless collection by you at my place of business has been agreed upon.
In accordance with § 6 para. 1 no. 27 of the Austrian Value Added Tax Act (UStG), I am exempt from VAT as a small business and therefore do not charge VAT.
3.2 Default of payment
You will be in default of payment if payment is not received by me within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9.2 percentage points above the prime rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, I reserve the right to charge a reminder fee of 2.50 euros. I reserve the right to claim further damages. You have the option of proving that I have incurred no or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
3.4 SEPA payments and pre-notification
Invoices can be paid using the SEPA direct debit procedure. To do so, you must issue us a corresponding mandate (SEPA Core Mandate or, if possible, a SEPA Company Mandate). When invoices for goods and services are settled via the SEPA Core Direct Debit Scheme or the Company Direct Debit Scheme, you will receive prior notification of the direct debit collection. For B2B SEPA direct debits, the pre-notification period is shortened to one day. For CORE, the standard direct debit, the period for a first direct debit (FRST)/one-off direct debit (OOFF) and a recurring direct debit (RCUR) will also be reduced to 1 day. You undertake to ensure that the account is covered. You shall bear any costs incurred due to non-payment or reversal of the direct debit, provided the non-payment or reversal was not caused by us.
4. Withdrawal policy for consumers in distance selling contracts
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.
To exercise the right of withdrawal, you must inform me (Kroiss Pipes, Mr. Alexander Kroiss, Salling 4B/1, 4791 Rainbach im Innkreis, Austria, Phone: +436769649333, E-Mail: kroisspipes@gmail.com) about your decision to withdrawl this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, I shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by me), without undue delay and in any event not later than 14 days from the day on which I am informed about your decision to withdraw from this contract. For this repayment, I will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. I may refuse to refund you until I have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to me immediately and in any case within fourteen days at the latest from the day on which you inform me about the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that are not necessary for checking their condition, properties, and functionality.
- End of the withdrawal policy -
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Special information on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery.
5. Retention of title
The delivered goods remain my property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to me any claim or compensation that you receive for damage, destruction, or loss of the delivered goods. If you act in breach of contract, in particular in the event of default of payment, I am entitled to take back the purchased goods. In this case, taking back the goods does not constitute a withdrawal from the contract unless I expressly declare this in text form.
6. Warranty
6.1 Warranty claim
Statutory warranty rights exist. A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular, with regard to the descriptions, illustrations, and information in my offers, brochures, catalogs, website, and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find the exact conditions of these guarantees with the product. Possible guarantees do not affect the warranty rights. You are obliged to make the defective goods available to me for the purpose of subsequent performance.
6.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you when the goods are handed over. If you recognize that the outer packaging arrives damaged or if you notice damage after receiving the goods, please let me know. However, there is no obligation to provide such notification, nor are warranty rights affected by failure to provide notification. If the goods are defective, you can choose to demand subsequent performance in the form of rectification or subsequent delivery within a reasonable period of time. I shall bear the costs of taking back the goods to be replaced.
6.3 Warranty vis-à-vis entrepreneurs
Notwithstanding the statutory warranty provisions, in the event of a defect I shall, at my own discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. The risk of accidental loss or deterioration of the item shall be passed to you upon handover to the person responsible for transportation. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect, and for the timeliness of the notice of the defect.
6.4 Rights in the event of minor defects
In the event of a minor defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.
6.5 Compensation for defects
No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.
6.6 Limitation period
For consumers, the statutory limitation periods apply, unless a different limitation period has been expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded and for new goods, it is 1 year. Excluded from this is the right of recourse according to § 933b of the Austrian General Civil Code (ABGB). The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body, or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
7. Liability
7.1 Exclusion of liability
Me and my legal representatives and vicarious agents shall only be liable for intent and gross negligence. Insofar as essential contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability shall be limited to the foreseeable damage typical of the contract. In the event of a grossly negligent breach of non-essential contractual obligations, I shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb, or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Place of jurisdiction My registered office is agreed
as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law, or a special fund under public law.
8.2 Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under your home law, Austrian law shall be deemed agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.3 Consumer dispute resolution procedure
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/. I am not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.