Share

Terms & Conditions

Version 1 | December 2019

Table of contents

1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. duration and termination of subscription contracts
7. retention of title
8. liability for defects (warranty)
9. liability
10. redemption of gift vouchers
11. applicable law
12. information on online dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Stiebleichinger GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the products presented by the Seller in his voucher area. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.4 The subject matter of the contract results from the respective product description of the seller. The object of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contractual term in the contractually owed time intervals.

table of contents

1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. duration and termination of subscription contracts
7. retention of title
8. liability for defects (warranty)
9. liability
10. redemption of gift vouchers
11. applicable law
12. information on online dispute resolution

1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Stiebleichinger GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the products presented by the Seller in his voucher area. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.4 The subject matter of the contract results from the respective product description of the seller. The object of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contractual term in the contractually owed time intervals.

table of contents

1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. duration and termination of subscription contracts
7. retention of title
8. liability for defects (warranty)
9. liability
10. redemption of gift vouchers
11. applicable law
12. information on online dispute resolution

1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Stiebleichinger GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the products presented by the Seller in his voucher area. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.4 The subject matter of the contract results from the respective product description of the seller. The object of the contract can be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contractual term in the contractually owed time intervals.


2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer enters the order form.
has gone through, by clicking the button completing the ordering process a legally binding contract offer in relation to the goods contained in the shopping cart. The customer may also submit the offer to the seller by telephone, fax, e-mail or post.

2.3 The seller can accept the customer's offer within five days - by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or - by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract shall come into effect at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by
and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that
the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the text of the contract shall be stored by the seller and sent to the customer together with the present General Terms and Conditions in text form (e.g. e-mail, fax or letter).
to you. In addition, the contract text shall be archived on the Seller's website and can be retrieved free of charge by the Customer via his password-protected customer account by providing the corresponding login data, provided that the Customer
has created a customer account in the seller's online shop before sending his order.

2.5 Prior to binding submission of the order via the online order form of the seller, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means
For better recognition of input errors, the zoom function of the browser can be used to enlarge the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 The order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that under this
Address at which e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all third parties commissioned by the seller or by the seller to process the order
sent e-mails can be delivered.

2.8 When placing an order for alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or one of him has
authorized adult person may receive the goods.
 

3) Right of revocation

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of revocation can be found in the instructions on revocation.
of the seller.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. If applicable, additional delivery and
Shipping costs are indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer.

5.2 In the case of subscription contracts, the Customer shall notify the Seller immediately of any changes to the delivery address.

5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer effectively withdraws his right of revocation.
if he is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has provided him with the service for a reasonable period of time.
I had announced a reasonable time in advance.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other party responsible for the execution of the contract.
dispatch to a specific person or institution. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass to the customer until the goods have been handed over to the
customers or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers, as soon as the seller has received the goods.
the freight forwarder, the carrier or any other person or institution designated to carry out the shipment, if the customer has failed to notify the freight forwarder, the carrier or any other person or institution designated to carry out the shipment, or
Anstalt with the execution and the seller has not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This shall only apply in the event that the non-delivery is not the fault of the Seller and the Seller is not responsible for the non-delivery.
has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Seller shall be entitled to
The customer will be informed of the goods immediately and the consideration will be refunded immediately.

5.6 In the case of collection by the customer, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may, after consultation with the seller, collect the goods at the registered office of the seller.
I'm here to pick up the salesman. In this case no shipping costs will be charged.

5.7 Vouchers are given to the customer as follows:
- per download
- by e-mail
- postal

 


6) Duration and termination of subscription contracts

6.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at any time without notice.

6.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.

6.3 Notices of termination shall be given in writing or in text form (e.g. by e-mail).

7) Retention of title

7.1 With regard to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

7.2 The seller reserves the right of ownership of the delivered goods vis-à-vis entrepreneurs until complete settlement of all claims arising from an ongoing business relationship.

7.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. All claims against third parties arising from this shall be assigned by the customer in the amount of the respective
invoice value (including value added tax) in advance to the seller. This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer shall remain entitled to collect the receivables even after
of the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer has fulfilled his payment obligations to the seller.
does not fall into arrears with payments and no petition for the opening of insolvency proceedings has been filed.

8) Liability for defects (warranty)

If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this applies:

8.1 For entrepreneurs
- an insignificant defect does not justify any claims for defects;
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects shall be one year from the passing of risk;
- the rights and claims due to defects are fundamentally excluded for used goods;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

8.2 The aforementioned limitations of liability and shortened limitation periods shall not apply.

for objects which have not been used for a building in accordance with their usual use and which have caused its defectiveness,
for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller
for other damages resulting from an intentional or grossly negligent breach of duty on the part of the seller or from an intentional or grossly negligent breach of duty on the part of the seller or from an intentional or grossly negligent breach of duty on the part of the seller.
breach of duty by a legal representative or vicarious agent of the user, as well as in the event that the seller has fraudulently concealed the defect.

8.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this does not have to be
effects on his statutory or contractual claims for defects.

9) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation on any legal grounds whatsoever

in case of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise agreed,
due to mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are
Obligations which the contract imposes on the seller in accordance with its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and the observance of which the customer regularly
I can trust.

9.3 Any further liability on the part of the Seller is excluded.

9.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

10) Redeeming gift vouchers

10.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer up to the expiry date.

10.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

10.4 Several gift vouchers can also be redeemed for one order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other gift vouchers issued by the Seller may be used to settle the difference.
payment methods offered.

10.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.

10.8 The gift voucher is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or gross knowledge of the gift voucher.
negligent lack of knowledge of the non-entitlement, the legal incapacity or the lack of power of representation of the respective owner.

11) Applicable law
All legal relations between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by
mandatory provisions of the law of the State in which the consumer has his habitual residence.

12) Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

search