Fairplay: GTCs
1 Scope
1.1 These General Terms and Conditions (“GTCs”) shall apply to all distance contracts (Stockwerk online store or e-mail) between Michael Schachinger, Stockwerk Natural Comb Beekeeping, Rutzenmooser Ring 68, 4845 Regau, Tel: 0650/5518410, e-mail: post@stockwerkhonig.at (“we”, “us”) and the customer.
1.2 By clicking on the appropriate box and submitting her contract declaration in the online store (see point 2), each customer accepts these GTC. Contracts can only be concluded under these conditions. We must expressly agree to any deviating, conflicting, restrictive or supplementary terms and conditions and regulations of the customer in order for these to become part of the contract in the individual case. In particular, contractual performance on our part shall not be deemed to constitute consent to any terms and conditions that deviate from our GTC.
1.3 In the event that several contracts are concluded at different times, the version of the GTC in force at the time of the submission of the contractual declaration (see clause 2) by the customer and published by us shall become an integral part of the contract. Several contracts concluded with a particular customer do not constitute a continuing obligation or any other claim to the renewal of a purchase contract.
1.4 We reserve the right to unilaterally amend the GTC for the future at any time. The respective valid version of the GTC will be published here with a version note.
2 Conclusion of contract
2.1 The presentation of the products on our website is not an offer in the legal sense. The offer shall in each case be made exclusively by the customer in accordance with clause 2.2.
2.2 On our website, the offer is made by ordering the item. The offer becomes binding for customers by clicking on the button “ORDER FOR FREE”. With the offer, the customer confirms the accuracy of her information and that she is fully legally competent.
2.3 After receipt of the order by us, the Customer shall receive a separate, automated confirmation of receipt of the order(s). Such confirmation does not constitute acceptance of the offer. Our acceptance shall only be effected by a separate order confirmation sent in writing or by actual delivery of the ordered product(s).
2.4. We are entitled not to accept orders or to accept them only in part without giving reasons. If the order is rejected by us, we will inform you immediately.
2.4. The customer must ensure that the e-mail address she has provided for order processing is correct, so that e-mails sent under this address can be received. In particular, when using SPAM filters, the customer must ensure that all mails sent by the seller or by third parties commissioned by the seller to handle shipments (shipment tracking) can be delivered.
3 Prices, delivery and shipping costs
3.1 The prices listed on the Website are end consumer prices including VAT and packaging. We will notify the customer of any additional freight, delivery, shipping or other charges prior to submission of the quotation, to the extent that such charges can reasonably be calculated in advance. If these costs cannot be reasonably calculated in advance, we will draw attention to the possible incurrence of such additional costs before the offer is submitted.
3.2 Information about the shipping costs and about the order values for a free delivery can be found at any time on the subpage www.stockwerkhonig.at/versand.
4 Terms and conditions of payment
4.1 Unless otherwise agreed in writing, the purchase price shall in each case be due in full and without deduction immediately upon our acceptance of the offer and therefore upon conclusion of the contract before delivery of the ordered products.
4.2 Payment is made exclusively by means of payment methods accepted in the online store: secure and fast with PayPal or on account, up to 14 days after receipt and without deduction. Paying with invoice is possible for orders from Austria up to max. 100 € possible.
4.3 The payment process is handled by the external service provider “Paypal”. Since in this case a third party payment processor is contracted, their terms and conditions apply. The goods have an “All In” price, which means that any fees for payment services are already included in the price.
4.4 Please always quote the invoice number when making bank transfers.
5 Delivery conditions
5.1 Delivery (posting by us) in the case of an online purchase – provided the goods are in stock and nothing to the contrary is noted on the website for them – shall generally take place within two to five working days after acceptance of the order by e-mail or receipt of the order in the case of acceptance by factual delivery (see Pt. 2.2). In the case of payment in advance, delivery will be made within two to five working days after we receive payment.
5.2 Shipping is CO2 neutral with Österreichische Post AG.
5.3 The delivery period shall be extended by the duration of the hindrance due to all circumstances independent of the will of the parties, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, rejects of important production parts and labor disputes.
5.4 Delivery shall be made to the delivery address specified by the Customer. Any costs caused by negligent indication of an incorrect delivery address shall be borne by Customer.
6. retention of title
6.1. We retain ownership of the object of purchase until receipt of the entire purchase price.
7 Cancellation policy
7.1. If the customer is a consumer:in the sense of the Consumer Protection Act (KSchG) and has concluded the contract as a distance contract (via online store or e-mail), she has the right to revoke this contract within fourteen days without giving reasons.
7.2. All further provisions in this regard can be accessed at any time on the subpage www.stockwerkhonig.at/widerrufsbelehrung.
8 Warranty
8.1 In the event of defects in the goods, the statutory warranty provisions shall apply vis-à-vis customers, unless otherwise agreed below vis-à-vis entrepreneurs. No case of warranty exists in case of damage caused by improper use or treatment of the product. The same applies to ordinary wear and tear.
8.2 The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are considered to be in accordance with the contract if the delivered pieces correspond to the other product specification.
8.3 If the customers are consumers within the meaning of the Consumer Protection Act (KSchG), they must inspect the delivered goods upon receipt for completeness, correctness and other defects, in particular for the integrity of the packaging, and notify us of any defects by e-mail post@stockwerkhonig.at and briefly describe them. This only serves the purpose of faster and more effective processing of any complaints about defects. A breach of this obligation shall not result in any limitation of the consumer’s statutory warranty rights.
8.4 If a return of the goods to us is requested by Customer:inside and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment shall be borne by the consumer. Defective goods are therefore only to be returned at our express request.
8.5 If the Customer is an Entrepreneur, it shall inspect the delivered goods for completeness, correctness and other defects, in particular the integrity of the packaging, as soon as possible after receipt. In the event of defects, the customer must report these within a reasonable period of time, but no later than four calendar days after receipt of the goods, by sending an e-mail to post@stockwerkhonig.at. If the Contractor has not notified any defects within the complaint period, the delivery shall be deemed to have been approved and all claims, such as warranty, avoidance of mistake or compensation for damages due to a deviation or defect alleged at a later date, shall thus lapse (Section 377 of the Austrian Commercial Code). This also applies with regard to any incorrect deliveries or deviations in the delivery quantity.
8.6 If the Customer is an entrepreneur, we shall have the exclusive right to choose the remedy for a defect notified in due time. We are also free to convert the agreement immediately.
8.7 If the customer is an entrepreneur, she shall bear the costs for returning the goods for improvement or replacement.
9 Liability
9.1 We shall be liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability shall not apply to damages resulting from injury to life, body or health of persons and to claims under the Product Liability Act.
9.2 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 on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
10. data protection and change of address
10.1. The customer expressly agrees that the personal data provided by her (name, address, e-mail, data for account transfer) may be determined, stored and processed with the aid of automated systems for the purpose of fulfilling the contract and providing support to the customer.
10.2. It is pointed out that our online store collects and stores data obtained within the framework of the contractual relationship established with the contractual partner, in accordance with the national legal data protection provisions and in compliance with European law provisions (with reference to the Directive on the protection of personal data 95/46 EC). This processing of personal data is carried out exclusively within the framework of the discretionary powers granted by the Directive.
10.3. The customer is obligated to notify us of any changes to his residential or business address as long as the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last address notified.
11 Place of performance, place of jurisdiction and choice of law
11.1 The place of performance for all services rendered on the basis of these GTC shall be the registered office of our company in 4845 Regau, Austria.
11.2 The language of the contract shall be German.
11.3 The substantive law of the Republic of Austria shall apply exclusively to the exclusion of the conflict of laws rules and the UN Sales Convention.
Status: January 2023