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Terms of service

General Terms and Conditions of Ulbrichts GmbH (FN 177246 g) for online consumer business

As of May 2020

 

  1. Scope of these terms and conditions

 

  • The scope of these general terms and conditions ("GTC") includes all services of ULBRICHTS GmbH (hereinafter referred to as ULBRICHTS) regarding the delivery of goods. The deliveries of goods by ULBRICHTS are therefore made exclusively on the basis of the terms and conditions. This does not apply unless otherwise expressly agreed in writing.

 

  • These terms and conditions only apply to legal transactions between ULBRICHTS and consumers. Anyone who is not an entrepreneur is a consumer. An entrepreneur is anyone for whom the legal transaction is part of the operation of his company. In this sense, a company is any long-term organization of independent, economic activity, even if it is not aimed at profit. Consumers in the above sense are referred to below as customers.

 

  1. Order, order, delivery

 

  • The offers from ULBRICHTS and the information contained therein, such as, but not exclusively, prices, dimensions and weights are subject to change and non-binding; they are only to be understood as an invitation to place an order by the customer.

 

  • The customer's order represents an offer to ULBRICHTS to conclude a purchase contract. ULBRICHTS will immediately confirm receipt of the order. However, the confirmation of receipt does not constitute acceptance of the offer by ULBRICHTS. The confirmation of receipt only represents a declaration of acceptance if ULBRICHTS expressly explains this in the confirmation of receipt.

 

  • With regard to the exact sequence of an order process, reference is made to the "Customer information for electronic contract conclusion" link, which can be called up separately on the homepage.

 

  • If ULBRICHTS has not already declared acceptance of the contract in the confirmation of receipt (see point 2), the order will be accepted and a contract will only be concluded when ULBRICHTS sends the ordered product to the customer and sends it to the customer by email approved.

 

  • ULBRICHTS expressly points out that it must reserve the right to accept or carry out the order - in particular in accordance with the available delivery options. ULBRICHTS also reserves the right to refuse orders from the customer or not to carry them out, in particular if open invoices consist of other orders from the customer. ULBRICHTS is also entitled to limit the order to a normal household quantity. The customer does not have any claims whatsoever. If ULBRICHTS does not accept the order, the customer will be informed within 3 working days (Saturday and Sunday do not count as working days) after the day following the transmission of the order by the customer, any payments already made by the customer will be reimbursed.

 

  • Subject to reasonable technical and design deviations from the information on the homepage, in brochures, catalogs and written documents as well as model, construction and material changes in the course of technical progress and further development, without rights or claims of any kind and / or the extent to which ULBRICHTS can be derived.

 

 

  1. Delivery dates and deadlines

 

  • The ordered goods will only be delivered after ULBRICHTS has received the payment of the full purchase price and any shipping costs.

 

  • Unless other delivery times are specified during the ordering process, delivery will be made within 8 days of the acceptance of the contract (see point 2.4 above). If the delivery is delayed, ULBRICHTS will contact the customer immediately after becoming aware of the delay, but before the agreed delivery period, and obtain his consent for the later delivery. If the customer does not agree, he is entitled to withdraw from the contract.

 

  • The delivery date is met when the goods leave the ULBRICHTS factory / warehouse - in the case of third-party transactions, the supplier's factory / warehouse - in good time or - when the customer picks them up - the delivery is ready for dispatch and the customer is informed in good time.

 

  • The delivery period will be extended accordingly due to operational disruptions and acts of God as well as other events beyond the control of ULBRICHTS, in particular also delays in delivery and the like on the part of the upstream suppliers.

 

  1. Withdrawal (= withdrawal)

 

Right of withdrawal

 

The customer has the right to withdraw from this contract within fourteen days without giving any reason. In the following, this right of withdrawal is referred to as a revocation.

The cancellation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier,

  • has taken possession of the goods (in the case of a contract of sale for goods delivered by delivery); or
  • has taken possession of the last goods (in the case of a contract for several goods that the customer has ordered as part of a single order and that are delivered separately) or
  • has taken possession of the last partial shipment or the last piece (in the case of a contract for the delivery of goods in several partial shipments or pieces); or
  • has taken possession of the first goods (in the case of a contract for the regular delivery of goods over a specified period).

In order to exercise his right of cancellation, the customer must inform ULBRICHTS of his decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). The revocation must be sent to:

ULBRICHTS GmbH

AT 4690 Schwanenstadt, Kaufing 40

Tel. +43 (0) […]
Fax +43 (0) […]

Email: […]

The customer can use the attached model withdrawal form, but this is not mandatory.

In order to meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period expires.

Exclusion of the right of withdrawal :

The right of withdrawal does not exist for contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs.

Consequences of cancellation

If the customer withdraws from this contract, ULBRICHTS has to the customer all payments that ULBRICHTS has received from the customer, including the delivery costs (with the exception of the additional costs that result from the fact that the customer has a different type of delivery than that offered by ULBRICHTS, has chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which ULBRICHTS received notification of the cancellation of this contract. For this repayment, ULBRICHTS uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged for this repayment.

The customer must return or hand over the goods to ULBRICHTS immediately and in any event not later than fourteen days from the day on which he informs ULBRICHTS of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.

The customer bears the direct costs of returning the goods.

The customer only has to pay for any loss in value of the goods if this loss in value is due to handling with the customer that is not necessary for checking the nature, properties and functionality of the goods.

 

The right of withdrawal for contracts for the delivery of sealed goods that are not suitable for return due to health or hygiene reasons expires prematurely if their seal has been removed after delivery.

 

Shipping address for a revocation

 

In the event of a revocation, the customer must send the goods to the following address:

 

ULBRICHTS GmbH

 

  1. Prices and terms of payment

 

  • The prices are in euros including statutory sales tax ex works or the ULBRICHTS delivery warehouse, for third-party transactions ex works or the supplier's delivery warehouse.

 

  • As a price, the website price valid for the respective delivery on the day of the order is agreed. The ordered goods can be paid by credit card, PayPal, immediate transfer, prepayment or cash on delivery (see also the link "Payment options" on our homepage. ULBRICHTS delivers the ordered goods within the delivery period specified on the homepage during the ordering process as soon as payment has been received by ULBRICHTS .

 

 

  1. Retention of title

 

 

 

  • The goods remain the sole property of ULBRICHTS (reserved goods) until all ULBRICHTS claims against the customer arising from the respective order, in particular until all payments (including interest and incidental costs) have been fulfilled, even if individual parts have already been paid for .

 

  • The customer may not dispose of the reserved goods until ULBRICHTS 'claim has been settled and bears the full risk for the goods entrusted to him, in particular for the risk of destruction, loss or deterioration.

 

  • For the duration of the retention of title, the customer must treat the delivered goods with care and care.

 

  • In the event of attachment by third parties or other access by third parties to the goods subject to retention of title, the customer must point out the ownership of ULBRICHTS and the customer must report this to ULBRICHTS immediately.

 

  • In the event of behavior contrary to the contract by the customer, in particular in the event of delayed payment, ULBRICHTS is entitled to take back the goods subject to retention of title or, if desired, to assign the buyer's surrender claims against third parties.

 

  • If the customer contravenes the agreements on the retention of title, the customer is obliged to pay a contractual penalty amounting to twice the net value of the goods subject to retention of title without taking into account any damage that has actually occurred (in particular the costs of the execution in the execution proceedings). If the customer does not meet his obligations or stops making payments, the entire remaining debt is due immediately. In this case, ULBRICHTS is entitled to immediately demand the return of the goods, excluding any right of retention. After the goods have been taken back, ULBRICHTS has the discretion either to sell the object of purchase and to credit the customer with the proceeds, less 20% resale expenses, for his existing obligations, or to take back the goods at the invoice price less any impairments and to the customer for the time of his possession to charge an appropriate usage fee for the delivered goods.

 

 

 

 

 

 

 

  1. Warranty , compensation, ban on assignment, guarantees

 

  • With regard to the guarantee, the statutory provisions apply.

 

  • ULBRICHTS assumes no guarantee for the normal wear and tear of the goods as well as for defects caused by improper handling.

 

  • Unless otherwise agreed, the improvement or replacement to be carried out within the scope of the guarantee will be carried out within a period of six weeks. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, the customer can request a refund or a reduction in the purchase price

 

  • In the case of subsequent deliveries, ULBRICHTS does not guarantee the exact match with the first delivery.

 

  • Notices of defects are included

 

ULBRICHTS GmbH

AT 4690 Schwanenstadt, Kaufing 40

Tel. +43 (0) […]
Fax +43 (0) […]

Email: […]

 

to assert.

 

  • ULBRICHTS shall only be liable without limitation for damage caused to the customer in the course of doing business in the event of intent or gross negligence or intent and gross negligence on the part of vicarious agents working for ULBRICHTS, with the exception of personal injury for which ULBRICHTS is already liable without limitation in the event of slight negligence. The provisions of the Product Liability Law remain unaffected.

 

  • The assignment of warranty and damage claims or the like is not permitted.

 

  • If ULBRICHTS has expressly promised guarantees, these shall only apply if the goods are used properly, in particular properly installed, assembled and properly maintained. The guarantee does not cover wear and tear of any kind, as well as damage caused by the customer or third parties. For guarantees promised by manufacturers, only their guarantee conditions apply. It is expressly pointed out that any promised guarantees do not limit the customer's rights under the guarantee.

 

  • Instructions that are given on the homepage, in brochures, instructions for use or other product or goods information, as well as care and assembly instructions, in order to avoid any damage, must be strictly followed by the customer. An application that goes beyond the defined areas of application is expressly warned.

 

  • According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. ULBRICHTS is therefore not liable for the constant and uninterrupted availability of the online trading system or for technical and electronic errors during a sales transaction over which ULBRICHTS has no influence, in particular not for the delayed processing or acceptance of offers.

 

  1. privacy

 

With regard to the data protection regulations, we refer to the "Privacy" link, which is available separately on our homepage.

 

  1. Choice of law , place of jurisdiction, dispute settlement procedure

 

  • Austrian substantive law applies to all disputes arising from or in connection with these terms and conditions and / or the contract, excluding the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods. This also applies to questions about the creation or the interpretation of the terms and conditions and the contract. If the customer is a consumer who is habitually resident in the EU, the customer will also enjoy protection under the mandatory provisions of the law of their country of residence

 

  • For customers with a place of residence located outside the European Union, the place of jurisdiction for all legal disputes arising from or in connection with this contractual relationship is exclusively the court responsible for 4690 Schwanenstadt / Austria. Customers residing within the European Union can, for all legal disputes arising from or in connection with this contractual relationship, the court of the place where the customer resides or the court of the place where ULBRICHTS has its registered office to assert.

 

  • ULBRICHTS does not submit to an alternative dispute settlement procedure.

 

 

  1. Change of address

 

The customer is obliged to provide ULBRICHTS with demonstrable, unsolicited and immediate changes to his home address as long as the contractual transaction is not completely fulfilled on both sides. If the notification is omitted, declarations to the customer are deemed to have been received even if they have been sent to the last address given to ULBRICHTS. It is the responsibility of the customer to provide proof of receipt of his change notification in individual cases.

 

  1. Contract language

 

The content of the contract, all other information, customer service, data information and complaint handling are consistently drawn up and processed in German.