Conditions
1. Scope
1.1 The business relationships between holzeis gmbh and the customer are exclusively subject to the following general terms and conditions.
1.2 Conditions of the customer that differ from the general terms and conditions do not become part of the contract, even if holzeis gmbh accepts and executes an order made under different conditions of the customer.
2. Conclusion of the contract
2.1 The customer's order is an offer to holzeis gmbh to conclude a purchase contract.
2.2 When ordering via the internet shop, holzeis gmbh confirms receipt of the customer's order by email. This order confirmation does not represent an acceptance of the customer's order, but merely informs him of the receipt of the order. If the goods ordered by the customer cannot be delivered, the customer will be informed accordingly.
2.3 The purchase contract is only concluded when the goods ordered by the customer have been dispatched by holzeis gmbh, which will then send the customer a confirmation by email when ordering via the Internet shop (dispatch confirmation).
2.4 No sales contract is concluded for goods ordered by the customer that are not listed in the shipping confirmation.
3. Minimum order values
3.1 The minimum order value for orders with a domestic delivery address is € 30.-.
3.2 The minimum order value for orders with a foreign delivery address is € 45.00.
3.3 For orders below the value listed above, a small quantity surcharge of € 9.80 must be paid.
4. Right of withdrawal
4.1 If the customer is a consumer within the meaning of the Austrian Consumer Protection Act, the customer is entitled to withdraw from the contract under the following conditions:
4.2 The customer can, within a period of seven working days, whereby Saturday does not count as a working day, from the day the goods are received by the customer, withdraw from the contract with holzeis gmbh.
4.3 The customer has no right to withdraw from contracts for goods that are manufactured according to customer specifications, which are clearly tailored to personal needs, which are not suitable for a return due to their nature, which can spoil quickly or whose expiration date has been exceeded.
4.4 If the customer is entitled to withdraw from the contract, holzeis gmbh has to reimburse the payments made by the customer step by step and the customer has to postpone the services received and holzeis gmbh a reasonable fee for the use, including compensation for any associated reduction the fair value of the service to be paid; the taking over of the service into the custody of the customer is not to be regarded as an impairment in itself. The customer has to bear the costs of returning the goods.
4.5 For our workshops & seminars, a free right of withdrawal applies up to 2 weeks before the course date with the option of rebooking to another date or course. Thereafter, this right of withdrawal expires as is generally the case (similar to theater, concert or cinema tickets). The same applies in the event of illness. However, the booked course can be passed on.
5. Delivery and dispatch
5.1 Unless otherwise agreed, delivery is ex warehouse to the delivery address specified by the customer.
5.2 The dispatch takes place at the expense and risk of the customer. Delivery is made by post or parcel service. Bulky shipments are sent by rail or a forwarding agent. Any transport insurance must be taken out by the customer himself.
5.3 Information on delivery times is non-binding. Delivery by holzeis gmbh is subject to the fact that it has been delivered correctly and in good time. Holzeis gmbh will inform the customer of delivery problems without delay.
6. Payment terms
6.1 Payment options are prepayment, payment by credit card, payment after receipt of invoice and goods available to the customer. The customer selects the payment method when placing the order. Holzeis gmbh reserves the right to refuse a payment method requested by the customer.
6.2 If the customer has chosen payment after goods and receipt of the invoice as the payment method, payment is due within seven days of receipt of the invoice and goods.
6.2 In the event of default in payment, the customer has to pay default interest in the amount of 8% above the base rate. The base rate that applies on the last calendar day of each half year (June 30 and December 31) is decisive for the next half year.
6.4 In the event of default in payment, in addition to default interest, the customer is also entitled to reimbursement of the necessary costs for appropriate out-of-court enforcement and collection measures by the collection institutes or right sanwälte in the amount of the applicable maximum rates according to the ordinance on maximum rates for debt collection institutes (BGBl 1996, 141 in the currently valid version, available at www.ris.bkv.gv.at).
7. Retention of Title
The delivered goods remain the property of holzeis gmbh until they have been paid for in full.
8. Change of residence
The customer must notify holzeis gmbh immediately of any change of residence between the order and its fulfillment. The customer must bear the costs of collecting the customer's changed place of residence as well as the costs of forwarding.
9. Protection of creditors
9.1 For delivery on open account, holzeis gmbh is entitled to transfer the name of the customer, his date of birth and address to the credit register of the credit protection association of 1870 in order to obtain information on the customer's creditworthiness.
9.2 In the event of default in payment by the customer, holzeis gmbh is entitled to transmit the name, date of birth, address and the outstanding balance of the claim against the customer to the credit register of the Kreditschutzverband von 1870, 1010 Vienna.
10. Place of performance, place of jurisdiction, applicable law
10.1 The place of performance is the seat of holzeis gmbh.
10.2 The place of jurisdiction is 1010 Vienna.
10.3 Austrian law applies to the exclusion of the UN sales law.