The following regulates the contractual conditions within the framework of purchase contracts concluded via this online shop between August Weilharter, Energiestraße 1, 3376 Karlsbach and the respective buyer.
1 Scope of application, definitions
1. the following General Terms and Conditions in the version valid at the time of the order shall apply to the business relationship between the webshop seller (hereinafter referred to as the "seller") and the buyer (hereinafter referred to as the "customer"). Any deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his or her commercial nor to his or her independent professional activity, Section 13 of the German Civil Code (BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, § 14 BGB.
§ 2 Conclusion of contract
Insofar as the following refers to goods, this also includes digital products (digital content or digital services) and goods with digital elements, if offered
1. The presentation of the goods in the online shop does not constitute a legally binding offer, but only an invitation to submit an offer by the customer. The customer can select goods from the seller's assortment and collect them in a so-called shopping cart via the button relating to the shopping cart. By clicking the button required for the conclusion of the purchase contract, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. At any time before placing a binding order, the customer can return to the page on which his data was entered by pressing the "Back" button in the browser. Input errors can be corrected here. The order process can be cancelled by closing the internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions and thereby included them in his application. 2.
2. the seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the \"Print\" function. The automatic acknowledgement of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The contract is not concluded until the Seller issues the declaration of acceptance, which is sent by a separate e-mail (order confirmation). If the customer has chosen a payment method with immediate payment (such as PayPal / Paypal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time the customer confirms the payment instruction. If the customer has chosen the payment method prepayment, the contract is already concluded when the customer receives a payment request with the corresponding bank details before the seller's declaration of acceptance. With this request for payment, we accept your offer.
3. With the e-mail (order confirmation) or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract as well as any warranty conditions shall be sent to the customer on a durable medium (e-mail or paper printout). The text of the contract shall be stored in compliance with data protection laws. The current GTC of the seller can also be viewed by the customer at any time athttps://alpha-energy.at/pages/agb. Past orders can be viewed in the customer area athttps://alpha-energy.at/account.
§ 3 Production of goods according to customer specifications
§ 3 omitted
§ 4 Start of delivery period, delivery, provision of digital content
(1) The delivery period shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after the conclusion of the contract in the case of other payment methods and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day. 2.
Delivery shall be made to the delivery address specified by the customer. For consumers:
3a. If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer a reasonable amount of notice. For entrepreneurs
3b If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable prior notice.
§ 5 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 6 Prices and shipping costs
(1) The prices stated on the Seller's website are exclusive or inclusive of the applicable statutory value added tax.
Any shipping and delivery costs incurred shall be shown during the ordering process and - unless otherwise stated - shall be borne by the customer. The following applies to consumers:
3a. The goods shall be dispatched by a transport company commissioned by the Seller. The shipping risk shall be borne by the seller if the customer is a consumer. For entrepreneurs applies:
3b. The goods shall be dispatched by a transport company commissioned by the seller. The risk of accidental loss or accidental deterioration of the purchased goods shall pass to the buyer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
§ 7 Payment modalities
During the ordering process, the customer is shown the payment options available. These can be, for example, payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. During the ordering process, the customer receives further information. The seller may determine the available payment options at his own discretion. 2.
2. payment of the purchase price is due immediately after conclusion of the contract if no later due date has been agreed between the parties. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the date. The following shall apply to consumers
2a. Point 2 shall only apply if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In the event of default, the customer shall pay interest on arrears to the seller in the amount of 5 percentage points above the respective base interest rate. The following shall apply to entrepreneurs
2b. In the event of default, the customer shall pay to the seller default interest in the amount of 9 percentage points above the base rate. 3.
3) The customer's obligation to pay interest on arrears does not preclude the seller from asserting further claims for damages caused by arrears. 4.
(4) Promotional vouchers are issued free of charge and have only a limited period of validity. The customer can see this on the respective voucher. The voucher can only be redeemed in the Seller's online shop during this period and only for the goods included in the promotion. No cash payment will be made. Only one promotional voucher can be redeemed per order. The voucher code must be entered in the appropriate fields before completing the order. The voucher cannot be redeemed at a later date. The voucher is not personal and therefore transferable. The voucher is made available to the customer as contractually agreed, e.g. by means of downloads.
§ 8 Warranty for material defects, guarantee
The statutory warranty rights shall apply to all goods from the Seller's shop. The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). 2.
The warranty period for newly manufactured goods delivered by the Seller to entrepreneurs shall be 12 months from the transfer of risk. The limitation periods for the seller's recourse according to § 445a BGB remain unaffected. 3.
If a guarantee exists for individual items, this shall be expressly stated in the item description. The details can be found in the respective guarantee conditions.
§ 9 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. 2.
(2) In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims of the customer are based on injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 10 Right of revocation
If the customer is a consumer, he has a statutory right of withdrawal. Further information on the right of revocation can be found in the revocation instructions.
§ 11 Notes on data processing
Data protection is particularly important to us. That is why you will find our detailed data protection declaration separately on our homepage.
§ 12 Code of Conduct
The Seller has submitted to the test criteria of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prüfkriterien_Stand_05.2018.pdf.
§ 13 Dispute resolution procedure (if the customer is a consumer)
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 14 Dispute resolution procedure (if the customer is a consumer)
(1) Contracts between the seller and the customers shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of orders placed by consumers from abroad, mandatory regulations or the protection granted by judicial law of the respective country of residence shall remain in force and shall apply accordingly. 2.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the supplier's registered office. 3.
The contractual language is German. These GTC were created by www.gepruefter-webshop.de and are regularly checked for legal security.