General Terms and Conditions of Stoffhandels Ltd, Salzgries 3, 1010 Vienna, Austria
§ 1 General Information
(1)Contractual performances and offers of the Stoffhandels Ltd (called Stoffhandels GmbH in the following) are carried out exclusively in accordance with the following terms and conditions. Every contracting partner agrees on bearing them in mind when making an agreement with Stoffhandels GmbH.
(2)Any additional, complementary and differing terms and conditions shall not become an element of an agreement, unless their validity has been expressly agreed upon in writing on the part of Stoffhandels GmbH.
(3)The general terms and conditions of a contracting partner are never valid for an agreement between Stoffhandels GmbH and the corresponding contracting partner. Stoffhandels GmbH does not need to expressly disagree to the terms and conditions of the contracting partner.
§ 2 Conclusion of an Agreement
(1) All offers from Stoffhandels GmbH are not binding.
When ordering our goods, the customer declares bindingly that she/he wishes to acquire the ordered goods.
(2) Stoffhandels GmbH is entitled to accept the offer of a contracting partner within two weeks following its receipt. Stoffhandels GmbH can declare the acceptance of the offer within the time expressed in writing via post or e-mail or by delivering the goods to the customer. The sending of the confirmation or goods within the time expressed will be adequate.
§ 3 Subject of the Contract
(1) The subject of the contract concerns only the goods which are explicitly confirmed or sent by Stoffhandels GmbH after the order of the contracting partner.
(2) Drawings, illustrations and product descriptions are not binding. Misspellings, changes in design, and technical modifications can exist without assigning any rights to the contracting partner. The goods can only be declared as not according to the contract when they differ from the product description in more than a minor or inessential way.
§ 4 Terms of Payment and Delivery
(1)The delivery of the goods as per agreement is effected after the period of two weeks for possible cancellation as described in § 5.
(2)All given prices are in euros and include VAT.
(3)The minimum order value amounts to 10 euros.
(4)Stoffhandels GmbH exclusively delivers goods against prepayment (credit card, Paypal Pay safecard, Switch, Solo, and Maestro or cash in advance).
(5)The contracting partner has the option to pay via transfer (including indication of customer number) or credit card, Paypal Pay safecard, Switch, Solo, and Maestro after receiving a confirmation of the order.
(7)Stoffhandels GmbH can carry out deliveries by installments as long as they conduce to the settlement of the contract and can be reasonably imposed to the contracting partner.
(8)The contracting partner cannot pass on a claim from Stoffhandels GmbH, unless expressly agreed upon in writing on the part of Stoffhandels GmbH.
(9)Special offers are only delivered in budgetary units, namely maximum 5 pieces per colour and article.
§ 5 Reservation of Property Rights
Goods that are subject to an agreement remain the property of Stoffhandels GmbH until they are fully paid for.
§ 6 Warranty
(1)Goods are under warranty for 2 years from the date of delivery.
(2)When querying an order it is the duty of the customer to prove the date of purchase with the invoice. The article of complaint needs to be sent together with a copy of the invoice to Stoffhandels GmbH.
(3)In case of defect goods that are subject to an agreement, Stoffhandels GmbH offers rectification or replacement depending firstly on the choice of the contracting partner.
(4)Stoffhandels GmbH has the right to refuse the supplementary performance chosen by the contracting partner if it is connected with unreasonably high costs and can accomplish the other possibility as long as it does not lead to considerable disadvantages for the contracting partner.
(5)Stoffhandels GmbH has the right to carry out a rectification twice in each case within three weeks counted from the day of reporting the defect.
(6)If the supplementary performance fails, the contracting partner has the right to demand either a lowering of the payment (reduction) or the cancellation of the agreement (withdrawal). If the defect is minor, the contracting partner may not withdraw from the contract.
(7)To accomplish any warranty claims it is the duty of the contracting partner to control the goods immediately after arrival. Transport damages and apparent defects have to be reported to Stoffhandels GmbH within one week. To meet the deadline, timely mailing shall suffice.
(8)Warranty does not cover normal deterioration and abrasion through use. If service and maintenance manuals of Stoffhandels GmbH are not followed, changes to the products are made, accessory parts are assembled inappropriately, parts are changed or care products are used that do not comply with the high quality standards of Stoffhandels GmbH, any warranty is inapplicable.
(9)The contracting partner is only provided with warranties according to law when assigned explicitly and in writing by Stoffhandels GmbH.
§ 7 Liability
(1)If the main duties of a contract are breached in a slightly negligent way, the liability of Stoffhandels GmbH is limited to the average detriment that is foreseeable, typical and imminent depending on the kind of goods. This also applies to slightly negligent breaches of duties from the part of legal representatives or vicarious agents of Stoffhandels GmbH.
(2)For the rest, Stoffhandels GmbH is liable according to the legal regulations if the contracting partner exercises claims for damages that are based on intent or gross negligence, including intent or gross negligence of representatives or vicarious agents. As long as the breach of duties from the part of Stoffhandels GmbH was not deliberate, its liability is limited to the average detriment that is foreseeable, typical and imminent depending on the kind of goods.
(3)The above mentioned limitations of liability are not applicable for damages by loss of life, bodily harm or injury to health.
§ 8 Data Protection
To process orders, Stoffhandels GmbH saves personal data of the contracting partner and for this purpose might pass them on to third parties. All personal data is kept in confidence.
§ 9 Final Clause
Should single provisions of a contract between Stoffhandels GmbH and a contracting partner, including the general terms and conditions, be ineffective or become completely or in parts ineffective, then this does not affect the effectiveness of the rest of the provisions. In such a case the invalid provision has to be replaced by a legally valid one that comes closest to the economic value of the invalid provision. The regulations by law remain valid when not covered or complemented in the General Terms and Conditions.
The German version of these General Terms and Condition are binding for the contract. The foregoing shall apply regardless of whether a translation of the General Terms and Conditions into another language was used in addition to the German language version.