Terms of service
General Terms and Conditions of Sale & Delivery of Altmann und Kühne OG
1. Scope
a)
These General Terms and Conditions of Sale and Delivery apply to all deliveries of goods made by Altmann und Kühne OG resulting from distance-selling orders. By placing an order or at the latest upon receipt of the goods, the customer acknowledges these General Terms and Conditions of Sale and Delivery.
b)
Amendments or side agreements require confirmation by persons authorized to represent our company as registered in the commercial register and are only valid for the specific transaction. Our other employees are not authorized to agree to amendments or side agreements to these General Terms and Conditions.
c)
The customer’s contractual terms are hereby expressly rejected in full.
d)
If individual provisions of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions or the contracts concluded on their basis. The parties shall agree to a valid provision that comes closest in meaning and purpose to the invalid one.
2. Conclusion of Contract
a)
All our offers are non-binding. Customer orders constitute an offer in the legal sense, to which the customer is bound for three weeks. The contract is concluded only through our order confirmation or through delivery or performance. A separate notification of acceptance is not required.
b)
We are entitled to accept orders only partially.
c)
An order is only possible if all mandatory fields (marked with an asterisk) are completed. Before submitting the order, the customer receives a summary of the order contents including prices, which can still be corrected or confirmed. Receipt of the order is confirmed by an automatically sent email, which does not yet constitute acceptance of the order. Messages are only received by us during normal business hours (Monday to Friday, 9:00–16:00, except Austrian public holidays). Messages received on our server outside those hours are considered received on the next business day.
d)
The customer is aware that the internet is not a secure communication medium and that data sent over the internet may become known to third parties or be altered by them. The customer bears the risk that data may not reach us or may not arrive in the form in which they were sent. We may rely on the data as we receive them as being sent by the customer.
3. Prices
a)
Our prices include Austrian VAT, but exclude delivery costs and any additional services, unless different delivery terms are stated in the applicable price list. For deliveries outside Austria, applicable export and import charges apply.
b)
For our deliveries, we additionally charge a packaging and shipping fee ("delivery costs"), the amount of which depends on the ordered product and the delivery location. A list of delivery costs can be accessed here.
4. Delivery and Delivery Time
a)
Shipping via EMS (domestic) or DHL (international) is carried out at the customer’s risk and expense to the delivery address provided at the time of ordering.
b)
Delivery dates are non-binding. Failure to meet delivery dates entitles the customer to withdraw from the contract only if we do not carry out delivery despite a written grace period of at least two weeks.
c)
The delivery period is extended by all circumstances beyond the control of the parties, e.g., force majeure, unforeseeable operational disruptions, official interventions, transport and customs delays, transport damage, rejection of essential production parts, and labor disputes, for the duration of the hindrance.
d)
Partial deliveries are permissible insofar as reasonable. Each partial delivery counts as a separate transaction and may be invoiced separately.
5. Warranty
a)
Defects that arise should — without negative legal consequences for consumers under the Consumer Protection Act (KSchG) — be reported as soon as possible upon delivery or upon becoming visible. If the customer is an entrepreneur under the KSchG, they must check delivered goods or services immediately upon receipt for completeness, correctness, and freedom from defects, and report any defects immediately, but no later than five working days after receipt, otherwise all claims based on defects detectable upon proper inspection are forfeited.
b)
For all types of delivery, claims based on defects—regardless of the legal basis (especially warranty, damages, special recourse rights)—expire within the statutory warranty period of two years from delivery or performance. For consumers, this period begins for legal defects only upon becoming aware of the defect.
c)
In the case of defects, the customer may choose between repair and replacement. Only if these options are unavailable may the customer request a reasonable price reduction or rescission, in accordance with statutory regulations. If we repair a defect, this is done at our cost and expense; we may request the customer to send the goods to us (if feasible) at our cost and risk. The customer must allow us the opportunity to repair the defect.
6. Damages
We assume no liability for damages of any kind—particularly due to delay, impossibility of performance, breach of contractual obligations, culpa in contrahendo, consequential damages, defects, or unlawful acts—caused by slight negligence by us or persons for whom we are responsible. Customers who are entrepreneurs under the KSchG must prove gross negligence or intent. For consumer contracts, this exclusion does not apply to personal injury or damage to items entrusted for processing.
7. Terms of Payment
a)
Our invoices must be paid immediately before the start of the delivery period using the payment methods offered in the shop system. The specified credit card is charged immediately upon submitting the order. Credit card data is not stored in any form.
b)
In case of late payment, we charge default interest of 6% above the applicable base interest rate of the European Central Bank.
c)
If the customer is in default of payment or other obligations, we are entitled—without prejudice to other rights—to withhold deliveries until the agreed counter-performance is rendered while maintaining the remaining delivery period, or to withdraw from the contract after a reasonable grace period and claim damages for non-performance. In such a case, the customer must immediately return delivered items at their own cost. We reserve the right to claim compensation for depreciation, wear, transport expenses, and other costs; in the event of our withdrawal, we may demand or retain 20% of the price as a minimum contractual penalty.
d)
If the customer violates contractual obligations, they must reimburse all costs necessary for the proper pursuit of our claims. The customer must pay €5 per reminder as well as €25 for record-keeping in the debt collection process. Additionally, collection agency fees up to the statutory maximum and lawyer fees according to the Austrian Attorney Tariff Act must be reimbursed.
e)
The customer may only offset claims in cases of our insolvency or with related, undisputed, or legally established claims. Entrepreneurs under the KSchG may assert a right of retention only regarding such claims.
8. Retention of Title
Until full payment of the price including all charges, the delivered items remain our sole and unrestricted property. Until then, they are only entrusted goods and may not be sold, pledged, gifted, or loaned. The customer is not entitled to dispose of these items without our express prior consent and bears full risk for the entrusted goods, including loss, damage, and deterioration.
9. Applicable Law, Place of Performance, Jurisdiction
a)
Austrian substantive law applies exclusively to the legal relationship with the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
b)
Place of payment and performance for all obligations arising from this contract is Vienna.
c)
For all disputes arising directly or indirectly from the contract, the locally and materially competent court for 1010 Vienna is agreed. If the customer is a consumer under the KSchG, this jurisdiction applies only if the customer has their residence, habitual place of abode, or place of employment within this court district, or if the customer resides abroad. We may sue the customer at their general place of jurisdiction.
10. Data Protection
The customer agrees that the data provided during the order and order processing may be collected, processed, stored, and used for our accounting purposes and for internal market research and marketing purposes. The data is used by us to comply with legal obligations, process payment transactions, and for advertising purposes.
11. Right of Withdrawal under § 5e KSchG
a)
A customer who is a consumer under the KSchG may withdraw from a distance-selling contract or distance-selling declaration within the following periods. It is sufficient if the withdrawal declaration is sent within the period. The withdrawal period is seven working days, excluding Saturdays.
For contracts concerning goods, the period begins on the day they are received by the customer; for service contracts, on the day the contract is concluded. If we have not fulfilled our information obligations under §5d(1) and (2) KSchG, the withdrawal period is three months from the applicable starting point. If we provide the mandatory information within this period, the withdrawal period begins at that time.
b)
There is no right of withdrawal for:
– services that begin execution within seven working days (per §5e(2) KSchG),
– goods or services whose price depends on fluctuations in the financial markets beyond our control,
– goods made to customer specifications or clearly tailored to personal needs,
– goods which by nature are unsuitable for return,
– goods which may spoil quickly or whose expiry date would be exceeded,
– audio or video recordings or software that has been unsealed by the customer,
– newspapers, periodicals, and magazines (except subscription contracts),
– doorstep sales or leisure services per §5c(4) KSchG.
c)
If the withdrawal right under a) is exercised, we must refund payments received and reimburse necessary and useful expenses made by the customer on the item; the customer must return the received goods (return shipping costs borne by the customer) and pay reasonable compensation for use, including compensation for any reduction in value. Mere possession of the goods does not constitute a reduction in value.
12. Miscellaneous
a)
Notices and declarations shall be validly delivered to the address provided in the order until written notification of a different address. The customer must provide complete and correct information when concluding the contract. If the customer provides incorrect, incomplete, or unclear information, they are liable for all resulting costs. The customer must notify us immediately in writing of any change of name, address, or residence; otherwise, any written communication sent to the last provided address is deemed duly delivered.
b)
Transfer of rights from the contract to third parties requires our written consent.