Terms & Conditions
General Terms and Conditions of Business
The General Business Conditions (AGB) apply to all
contracts, deliveries and other online services of House of Auster (hereinafter referred to as "the Seller") to the customer (hereinafter referred to
as "the Buyer"). The sale (order) between the seller and the Buyer, shall be governed by these General Terms and Conditions ("AGB") with respect to the goods manufactured or put into manufacture by the Seller or purchased from third parties (hereinafter the "Goods"), to the exclusion of any prior oral or written agreements. The order shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance is Vienna. The present contract's content and language is German.
All information will be generally provided in German and in English. In case of a discrepancy, the German text will be applicable.
The order and contract between the seller and the customer for the purchase of goods is concluded by the execution and completion of the order process by the buyer (= binding offer) and by confirmation and acceptance of the offer of the seller by the seller.
Messages are received by the vendor exclusively during the usual business opening hours (Monday to Friday from 10:00 to 17:00 with the exception
of Austrian public holidays).
Any messages sent to the vendor’s server outside these stated hours will only be considered received on the following business day.
The vendor will confirm the receipt of the customer’s order with an email (Order Confirmation). However, this confirmation does not signify an acceptance of the order.
The purchase agreement comes into effect when the vendor gives the customer an explicit sales confirmation or delivers the product.
The delivery of the product is made after receipt of payment. An order can only be concluded with an adult.
PRICES AND CONDITIONS OF PAYMENT
All prices given in the HOUSE OF AUSTER shop are gross prices inclusive of value added tax.
The prices applicable are the ones valid at the time of the customer’s order.
The purchase price is payable promptly and in full before the delivery of the product is made. Should the purchase price not be paid, the customer will be considered in default of payment, even without receiving a separate notice.
The payment of the purchase price comes after the customer’s selection of Direct Bank Transfer or Paypal as modes of payment. When receiving payment by credit card, the vendor reserves the right, before processing payment, to check if the customer’s credit card is valid and if there are sufficient funds to cover the purchase price. The debiting of the credit comes immediately before dispatch of the product from the vendor’s warehouse.
Should the customer default on the payment of one or more of the ordered products, the vendor reserves the right, irrespective of other rights, to withhold the delivery of the order at his discretion until the outstanding payments have been made, or to rescind the contract following an Appropriate grace period and demand compensation for non-payment.
A compensation for the customer, who is a consumer in terms of the KschG (consumer protection laws), is only permissible in the case of an insolvency on the part of the vendor, or with connected, undisputed, legally established claims.
Contractors are not entitled to offset claims by the vendor and/or assert rights of retention.
DELIVERY, TRANSFER OF RISK, TITLE RETENTION
Delivery is made to the address provided by the customer.
Delivery is made after receipt of payment
- for delivery destinations within Austria, within 1-7 days.
- for delivery destinations in other EU countries, within 3-10 days.
- for international delivery (oversea), within 2-6 weeks depending on the country.
The indicated delivery times are approximate guidelines and are not legally binding deadlines. Default on delivery estimates entitles the customer to withdraw from the contract when the vendor still does not carry out the delivery in spite of a two-week grace period agreed in writing.
In the event of circumstances beyond the control of the parties, e.g. force majeure, operational malfunctions, interventions by the authorities, transport or customs delays, transport damage, work related conflicts etc., the delivery period will be extended in proportion to the hindrance incurred.
Insofar as the delivery of parts is possible, it is also legally permissible. Each delivery of parts counts as a transaction in and of itself and can be billed separately.
Please notice that some custom duties may exist in your country. We are not able to calculate them or to add them to your invoice!
The delivery of the product is made at the risk of the vendor. The risk of accidental loss or accidental deterioration of the product transfers to the buyer
at the moment the product is dispatched.
Until payment of the product at the purchase price is complete, the product remains the property of the vendor (title retention).
RIGHTS OF WITHDRAWAL
If the customer is a consumer as defined by the Consumer Protection Laws (KschG), he may withdraw from a contract concluded via distance selling or a contractual declaration made in a long-distance transaction within 14 business days (Saturdays notwithstanding) without stating any reasons for doing so. For contracts involving delivery of products, the withdrawal period begins on the day that the consumer has received the products. The declaration of withdrawal is to be made via post, telefax or email at firstname.lastname@example.org The refusal to accept the delivered items does not constitute a declaration of withdrawal.
In case of a withdrawal, a full or partial reimbursement of the purchase price will be issued as and when the products which the customer has received are returned. The condition for this is that the products be returned unused, undamaged and in saleable condition, as well as being in their original packaging accompanied by the original receipt. Packaging and delivery costs, as well as cash on delivery charges will not be reimbursed. The costs for returning the items are borne by the customer. The product is to be packaged appropriately for its safe return delivery.
Damages to the product caused by improper packaging are at the expense of the customer. For any product that shows signs of use, or whose original packaging has been damaged, or is missing accessory elements, we will factor in an appropriate compensation at the expense of the customer.
The right to return the product does not apply to discounted items or products purchased from a promotional offer.
DUNNING AND COLLECTION COSTS
In case of a payment default the vendor is entitled to demand a flat rate of €10,00 for each reminder issued as well as a half-yearly fee of €3,00 for additional accruing Management and record keeping costs for the debt obligation in the dunning process.
Furthermore, the vendor is entitled to pursue outstanding claims, in which case the customer will compensate all costs incurred in the prosecution of the requisite dunning and collection procedures as well as the costs for the retention of solicitors based on their legal fees.
In the event of a defective delivery, any defects of the product should be reported as soon as they are discovered. they should be documented (photographs) and announced to the vendor during first 7 days after reception!
The shipping costs of uninsured shipping will be borne by the seller. In the case of defective goods, the buyer is entitled to a new product in the value of the purchase price. Monetary compensation will be paid
without exception only if it was a wrong delivery by the seller and the goods cannot be replaced by an equivalent.
If the customer is a contractor as defined by the Consumer Protection Laws (KschG), he must verify that the delivered
product is intact, complete and free of defects, and should defects exist, he must report them without delay.
LIABILITY / INDEMNIFICATION
The seller is liable to entrepreneurs only for intent and gross negligence, but not for slight negligence. Towards consumers, liability for slight negligence is also excluded, unless personal injury is involved. Any liability, with the exception of liability for intent, is limited to the amount of the purchase price of the goods. It is noted that the seller is in principle only an intermediary. The seller guarantees that the goods correspond to the descriptions contained in the order. However, certain deviations in style, color, size or finish or irregularities in packaging may occur. No warranty/liability can be accepted for this.
Otherwise, the statutory provisions shall apply. However, the Seller shall not be liable for any damage not caused to the goods themselves; in particular, the Seller shall not be liable for any loss of profit or any other pecuniary loss suffered by the Buyer.
COURT OF JURISDICTION / PLACE OF PERFORMANCE / APPLICABLE LAW
As a court of jurisdiction, all parties directly or indirectly involved in legal disputes agree on the local and competent court for 1070 Vienna,
Place of payment and performance for the obligations arising out of the present contract is Neubaugürtel 20/7, 1070 Wien.
In legal relationships with the customer, it is Austrian substantive law that applies, under exclusion of the UN Sales Convention and the relevant
Should individual provisions of this contract (AGB) be or become invalid, the validity of the rest of the contract remains valid and unaffected. The invalid provision shall be reinterpreted or supplemented or replaced in such a way that the intended economic purpose is achieved as far as
The AGB are hereby acknowledged and approved by the Buyer.