General Terms and Conditions
- Scope1.1 These General Terms and Conditions (hereinafter "GTC") of WetzBerg - , apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the seller regarding the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is objected to, unless otherwise agreed in writing. If the seller is in a longer business relationship with the customer, these GTC shall also apply if they are not specifically referred to. The GTC also apply to follow-up orders, even if they are not agreed separately orally or in writing.
1.2 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.3 It is prohibited for employees of our company to make commitments that deviate from these conditions. Oral agreements only become effective if they are confirmed in writing by the seller.
Contract Conclusion
2.1 The customer's order represents an offer. A contract only comes into being after acceptance by the seller. The customer is notified of the seller's acceptance by e-mail.
2.2 The order is placed in the following steps:
2.3 An order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing or the seller cannot comply with the order for other reasons, the customer receives an error message. Before the final submission of the order, the customer has the opportunity to correct their order. Supportive detailed information is provided to the customer during the ordering process. As soon as the ordering process is completed, the customer is notified by an info window "Thank you for your order! You will soon receive an order confirmation by email". This notification by the seller does not constitute acceptance of the customer's offer.
2.4 When the order has arrived at the seller, the customer is notified of the receipt of his order via the email address provided by him. This notification by the seller does not constitute acceptance of the customer's offer.
2.5 The customer is bound to his order for 5 days from the receipt of this order at the seller. The statutory right of withdrawal (right to cancel) remains unaffected. The day of receipt of the order is apparent to the customer from the acknowledgment of receipt.
2.6 The purchase contract is not stored by the seller. If the customer wants to save the contract text after his order, he can proceed as follows: Use the usual function of your internet service program (= browser: there usually "File" -> "Save as"). You can also download and archive this document in PDF form using the function "save as PDF". To open the PDF file, you need the free program Adobe Reader (available at http://www.adobe.com) or comparable programs that handle the PDF format.
2.7 The customer can also easily archive the data of his order by saving the data summarized on the last page of the order process in the internet shop using the functions of his browser, or he waits for the email with which the seller accepts the customer's offer. This email also contains the data of his order and the GTC or other information obligations and can be easily printed out or saved with an email program.
2.7 The contract language is German.
2.8 The (non-binding) offer of the seller is directed exclusively to customers with residence or habitual residence in Austria and the countries of the European Union (EU).
Right of Withdrawal/Cancellation Right
3.1 The term "cancellation right" common in Austria corresponds to the term "right of withdrawal" used in Germany and in the Consumer Rights Directive. Therefore, the seller uses the synonymous term pair "right of withdrawal (cancellation right)". The term "right of withdrawal" is exclusively used in the withdrawal instructions. This is equivalent to the Austrian term "cancellation right".
3.2 Details can be found in the withdrawal instructions.
Prices, Payment Terms, and Default Interest
4.1 Unless otherwise indicated in the product description of the seller, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for the money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs can also arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union if the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are indicated in the seller's online shop and in the delivery and payment conditions section.
4.4 If immediate transfer (advance payment) is agreed upon when purchasing via the online shop, payment is due immediately after the conclusion of the contract.
4.5 When selecting the payment method "PayPal," the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the application of the PayPal Terms of Use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.6 When paying by credit card, the payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. ("Stripe") under the application of the Stripe Terms of Use.
4.7 In the event of default by the customer, the seller is entitled to demand either the replacement of the actual damage or default interest at the statutory rate. These are for consumers: 4% p.a., for entrepreneurs: 9.2% p.a. above the base interest rate.
4.8 The seller is entitled to demand compound interest from the day of delivery of the goods in the event of the customer's default in payment.
Reminder and Collection Expenses
The customer undertakes to reimburse the seller for the reminder and collection expenses incurred in the event of default in payment, insofar as they are necessary for appropriate legal prosecution. This includes a flat rate of EUR 40,- as compensation for collection costs in accordance with § 458 UGB in business transactions. The assertion of further rights and claims remains unaffected.
Delivery and Shipping Conditions
6.1 The seller is only obliged to perform the service as soon as the customer has fulfilled all his obligations required for execution.
6.2 The seller is entitled to exceed the agreed dates and delivery deadlines by up to one week. Only after the expiration of this period is the customer entitled, after setting a reasonable grace period, to withdraw from the contract.
6.3 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.
6.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or to a third party designated by him, different from the carrier, with the handover of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the consumer as soon as the seller has handed over the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment if the consumer himself has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the seller has not previously suggested these to the consumer as an option.
6.5 Self-collection is also possible in the future.
7. Delay in Acceptance
7.1 If the customer has not accepted the goods as agreed (delay in acceptance), the seller is entitled, after setting an unsuccessful grace period, to either store the goods on its premises, for which the seller can charge a storage fee of 0.1% of the gross invoice amount per calendar day commenced, or to store the goods at the expense and risk of the customer with an authorized tradesman. At the same time, the seller is entitled to either insist on the fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and resell the goods.
7.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs of 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 he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him a reasonable time in advance.
8. Warranty
In the event of defects, the provisions of the statutory warranty apply. Deviating from this:
8.1 For entrepreneurs
- a minor defect generally does not justify warranty claims;
- the seller has the choice of the type of remedy;
- the limitation period does not start anew if a replacement delivery is made within the scope of the warranty.
8.2 If the customer acts as an entrepreneur, he is subject to the inspection and complaint obligations according to § 377 UGB. If these are omitted, the goods are considered approved.
8.3 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the supplier thereof. If the customer (consumer) fails to do this, this has no effect on his warranty claims.
8.4 Complaints based on statutory warranty claims or other complaints can be made using the contact details listed in the imprint.
8.5 The seller bears the return and shipping costs for the exchange of defective goods within the scope of the statutory warranty, provided that the customer is a consumer.
9. Damages
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or - in consumer transactions - for damage to items accepted for processing. The existence of slight or gross negligence, unless it is a consumer transaction, must be proven by the injured party. The provisions on damages contained in these GTC or otherwise agreed also apply if the claim for damages is asserted in addition or instead of a warranty claim.
10.Indemnification in Case of Infringement of Third-Party Rights
If, according to the content of the contract, the seller owes not only the delivery of the goods but also their processing according to certain specifications of the customer, the customer must ensure that the contents provided to the seller by him for the purpose of processing do not infringe third-party rights (e.g., copyright or trademark rights). The customer indemnifies the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights by the contractual use of the customer's contents by the seller. The customer also bears the reasonable costs of necessary legal defense, including all court and lawyer's fees at the statutory rate. This does not apply if the infringement is not attributable to the customer. The customer is obliged to provide the seller with all information necessary for the examination of the claims and a defense immediately, truthfully, and completely in the event of a claim by third parties.
11.Retention of Title
11.1 The seller reserves the ownership of the delivered goods until full payment of the purchase price. The buyer bears the full risk for the reserved goods, especially for the risk of destruction, loss, or deterioration.
11.2 In the event of the buyer's default in payment, the seller is entitled to assert its rights from the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract unless the seller expressly declares the withdrawal from the contract. Any withdrawal by the seller is without prejudice to the claim for damages due to non-performance. Furthermore, the buyer owes the seller a reasonable fee for the use of the purchase item. Payments received must be refunded by the seller to the buyer within 14 days after the return of the purchase item, unless claims under the previous paragraph exist or these have previously been paid by the buyer.
11.3 The buyer undertakes to notify the seller by email of any lawsuit or execution on the purchase item within 7 working days of delivery of the document initiating the proceedings.
11.4 If the buyer resells the delivered goods to a third party before he has paid the purchase price in full to the seller, the buyer hereby assigns to the seller the purchase price due to him from this third party for the (remaining) purchase price claim.
11.5 The buyer undertakes to make a note of the assignment of the resale proceeds in his commercial books at the latest simultaneously with the resale.
11.6 If the buyer sells the delivered goods for cash to a third party before he has paid the full purchase price to the seller, he receives the amount necessary for the payment of the (remaining) purchase price claim from the resale proceeds in trust for the seller. He is obliged to mark this amount separately from his other assets and to keep it as trust money of the seller. The escrow must be deposited immediately and without any objection and defense to the seller's bank account (IBAN: AT27 1420 0200 1131 2951). The waiver of defense does not include claims of the buyer against the seller due to a legally binding judgment or written acknowledgment by the seller.
12.Right of Withdrawal of the Seller/Unauthorized
Withdrawal by the Customer
12.1 In case of delay in acceptance (item 7) or other important reasons, such as payment default by the customer, the seller is entitled to withdraw from the contract, provided it has not yet been completely fulfilled by both sides. In the event of withdrawal, if the customer is at fault, the seller has the option of demanding a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In case of payment default by the customer, the seller is released from all further performance and delivery obligations and entitled to withhold still outstanding deliveries or services and demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
12.2 If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, the seller has the option to insist on the fulfillment of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged to pay, at the seller's discretion, a lump-sum compensation of 15% of the gross invoice amount or the actual damage incurred.
13.Right of Retention
If it is not a consumer transaction, the customer is entitled, in the case of a justified complaint - except in the case of a reversal - not to withhold the entire amount but only a reasonable part of the gross invoice amount.
- Redemption of Promotional Vouchers
14.1 Vouchers issued free of charge by the seller as part of promotional activities with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
14.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.
14.3 Promotional vouchers can only be redeemed before the completion of the order process. Subsequent billing is not possible.
14.4 Only one promotional voucher can be redeemed per order.
14.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
14.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
14.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
14.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
14.9 The promotional voucher is transferable. The seller can perform with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller knew or was grossly negligent in not knowing of the non-entitlement, the legal incapacity, or the lack of representative authority of the respective owner.
15.Place of Fulfillment/Applicable Law
15.1 The place of fulfillment is the seller's registered office.
15.2 This contract is subject to substantive Austrian law, excluding the referral norms of international private law (e.g., EVÜ, Rome I VO) and the UN Sales Law. Against a consumer, this choice of law only applies insofar as it does not restrict the mandatory statutory provisions of the state in which he has his residence or habitual residence.
16.Jurisdiction
The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the seller's registered office is exclusively locally responsible for deciding all disputes arising from this contract.
18.3 Please contact us as the guarantor in the event of a warranty claim:
Import-Felgen.com
WetzBerg Autoteile & Autohandel e.U.Eisengasse 7a/29A-2604 Theresienfeld
Email: info@Import-Felgen.c