General Terms and Conditions

 Öllinger Handelsgewerbe & -agentur
Sportplatzstr. 33, A-4112 Rottenegg

Telephone: +43 (0)664/420 400 2
Fax: +43 (0)7234 / 87 0 41

hereinafter referred to as exmonte.

1. Scope
These General Terms and Conditions, in the version valid at the time the relevant contract was concluded, shall always apply to all mutual claims arising from and in connection with a contract concluded between the customer and exmonte for mail order business.

2. Customers
exmonte will conclude contracts with customers who

a) are natural persons having the unlimited legal competence to contract and are over 18 years of age, and with

b) legal entities,

each residing or domiciled in Austria, a member state of the European Union or Switzerland.

If the offer of a customer who is not accepted by exmonte has been accepted inadvertently, exmonte shall be entitled to declare its withdrawal from the contract with the customer within a reasonable period of time.

 

3. Conclusion of Contract
3.1
The contract shall be concluded on acceptance of the customer’s order by exmonte. exmonte shall notify the customer that the contract has been concluded by means of a confirmation which simultaneously constitutes the declaration of acceptance. If the customer orders via the Internet, exmonte shall immediately confirm receipt of the orders electronically.

If exmonte subsequently recognises that an error has crept in on exmonte’s part, e.g. regarding the information about a product, a price or availability, exmonte shall notify the customer of this immediately. The customer can then confirm the order under the amended conditions. Otherwise the contract shall be deemed as not concluded. Any service in return already provided will be reimbursed immediately.

3.2
The order is limited to standard household quantities.

3.3
If a product is not available for delivery at the time the contract is concluded, exmonte shall notify the customer immediately regarding the product’s non-availability. Any service in return already provided will be reimbursed immediately.

 

4. Right of Withdrawal
4.1
The customer shall have the right to withdraw its contractual declaration within two weeks of receiving the goods. The withdrawal need not include any reason and shall be declared to exmonte in text form (letter, fax, email) or by returning the product; timely dispatch is sufficient to comply with the time limit.

The withdrawal notice must be addressed to:
Öllinger Handelsgewerbe & -agentur
Sportplatzstr. 33
A-4112 Rottenegg

4.2
The customer shall be obliged to return the goods when exercising its right of withdrawal. On exercising its right of withdrawal, the customer shall bear the costs of returning the goods unless the goods delivered do not correspond to the goods ordered.

4.3
The customer shall pay compensation for any deterioration of the goods which is due to it being used as intended. The customer may examine the delivered goods carefully and with caution. The customer shall bear the loss of value which results in it no longer being possible to sell the goods as “new” due to them having been used beyond mere examination.

End of cancellation policy

 

5. Availability proviso:
If exmonte discovers after concluding the contract that the goods or services ordered are no longer available from exmonte or cannot be delivered for legal reasons, exmonte may either offer goods or services of the same quality and price or withdraw from the contract. exmonte will refund the customer any payments already made immediately after withdrawing from the contract.

 

6. Delivery
6.1
exmonte shall assume the entire risk for damage or loss of the goods in transit to the customer. exmonte requests notification within 24 hours in the case of incomplete delivery or damage in transit.

6.2
Packaging, shipping route and shipping means are at our discretion. We reserve the right to make partial deliveries

 

7. Payment
7.1
The price details on the website are final prices and include the VAT applicable in each case on the date of invoicing.

7.2
Deliveries within Austria for orders over EUR 70.00, and within the European Union and Switzerland for orders over EUR 70.00, shall remain free of postage and packing charges. Otherwise exmonte will endeavour to ship the goods at the most favourable cost for the customer.

7.3
In general, goods are only shipped on the basis of cash on delivery, with the delivery company charging the customer the price of the goods and the delivery fee.

7.4
The customer shall only have the right to set off any counterclaims if such counterclaims have been legally established or recognised by exmonte.

The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

8. Retention of Title
exmonte shall retain the title to all goods it supplies to a customer until full and final payment of the delivered goods has been received.

 

9. Warranty
9.1
In the event of a defect, the customer may, at his discretion, request that the defect be rectified or may request the delivery of a defect-free item. exmonte can refuse the type of supplementary performance chosen by the purchaser if it is only possible at a disproportionately high cost and if the other choice of supplementary performance constitutes no significant disadvantages for the customer.

9.2
The customer shall notify exmonte in writing of any obvious defects within a period of two months from the date on which the goods were discovered not to be in conformity with the contract. If the customer fails to submit this notice of defects, the warranty rights will be void two months after the discovery of said defect. The onus shall be on the customer to furnish proof of the time at which the defect was discovered.

 

10. Limitation of Liability
Claims for damages due to defects of the goods shall be excluded unless exmonte has maliciously concealed such defects, or such defects have been to blame for damage to life, limb or health.

 

11. Data Protection
11.1
The customer’s address is stored in our computer system for fast and accurate processing. The data provided will be handled in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Act.

11.2
exmonte will not pass any customer data to other companies who may send out information material. exmonte reserves the right to use customer data for its own advertising purposes. If the customer does not agree to this, he may notify us briefly to this effect.

11.3
exmonte will not use or pass on customer data beyond the scope regulated in subsections 11.1 and 11.2.

 

12. Final Provisions
12.1
This contract is subject to the law of the Republic of Austria. The provisions of the UN Convention on the International Sale of Goods do not apply.

12.2
The exclusive legal venue is A- 4020 Linz or any other legal venue of exmonte’s choice insofar as the customer is a merchant according to the Austrian Commercial Code or is a public corporation.

12.3
If individual provisions of this agreement become wholly or partially legally ineffective or later lose their legal effectiveness, this shall not affect the validity of the remaining provisions of the contract. In this case, the parties shall undertake to replace the invalid provision by a valid provision which, as far as legally possible, comes closest to the economic purpose pursued with the ineffective regulation, taking into account the interests of the parties expressed in this contract.