Terms and Conditions of holz.biz
General Terms and Conditions and Customer Information
1. Scope
1.1. The business relationship between rematic media GmbH (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.3. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not constitute a warranty or guarantee.
2.2. All offers are valid "while stocks last," unless otherwise stated for the products. Errors excepted.
3. Order process and conclusion of contract
3.1. Customers can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking on the "Add to cart" button. Within the shopping cart, the product selection can be changed, e.g., deleted. Customers can then proceed to the checkout by clicking on the "Proceed to checkout" button within the shopping cart.
3.2. By clicking on the "Place order" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser's "back" function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within 4 working days, handed it over or confirmed the shipment to the customer within 4 working days with a second email, express order confirmation or by sending the invoice. Acceptance may also be effected by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment process. In the event of multiple acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer's offer within the acceptance period, no contract shall be concluded and the customer shall no longer be bound by the offer made.
3.4. If the customer is a business, the aforementioned period for shipping, delivery, or order confirmation is 14 working days instead of 4.
3.5. If the seller allows payment in advance, the contract is concluded upon provision of the bank details and payment request. If, despite the due date, payment has not been received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, the seller shall withdraw from the contract with the result that the order shall be void and the seller shall have no obligation to deliver. The order shall then be completed for the customer and seller without further consequences. Reservations for items paid for in advance are therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the prices quoted, the seller will charge shipping costs for delivery. The shipping costs will be clearly communicated to the customer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2. If delivery of the goods fails through the fault of the customer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is unavailable because the seller has not been supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5. If the customer is a business, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment; The specified delivery dates and deadlines are not fixed dates, unless otherwise agreed.
5.6. The seller shall not be liable to the customer, if the customer is a business, for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are companies in cases of unforeseeable events that affect the operations of a supplier and for which neither the customer nor the seller is responsible. During the period of this hindrance, the customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the customer, they may withdraw from the contract by written declaration after a reasonable period to be set by them or by mutual agreement with the seller.
6. Payment terms
6.1. Customers can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g., PayPal or Stripe, their general terms and conditions shall apply.
6.4. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the seller from asserting further claims for damages caused by default.
6.6. The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
If the customer is a company, the following shall also apply: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the customer is obliged to treat the purchased item with care until ownership has been transferred to them. In particular, the customer is obliged to insure the goods at their replacement value against theft, fire, and water damage at their own expense, if this is reasonable or customary in the industry. If maintenance and inspection work needs to be carried out, the customer must do so in good time at their own expense. The processing or transformation of the goods subject to retention of title by the customer is always carried out on behalf of the seller. If the goods subject to retention of title are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title to the other processed items at the time of processing. The same shall apply to the item created by processing as to the goods subject to retention of title. The customer shall also assign the claim to secure the claims that arise against a third party as a result of the combination of the goods subject to retention of title with a piece of real estate. The customer must immediately notify the seller of any access by third parties to the goods owned or co-owned by the seller. The customer shall bear any costs incurred as a result of such interventions for a third-party objection lawsuit or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller, by way of security, all claims arising from the resale or other legal grounds in relation to the goods subject to retention of title (including all balance claims from current accounts) in full. The seller revocably authorizes the customer to collect the claims assigned to the seller for their account and in their own name. This collection authorization may be revoked if the customer does not properly meet their payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (in the event of a realization risk, by more than 50%). The selection of the securities to be released is at the discretion of the seller. Upon repayment of all claims of the seller arising from delivery transactions, ownership of the goods subject to retention of title and the assigned claims shall pass to the customer. The selection of the securities to be released is at the discretion of the seller.
8. Warranty for material defects and guarantee
8.1. The warranty (liability for defects) is determined in accordance with statutory provisions, subject to the following regulations.
8.2. A warranty for goods delivered by the seller only exists if it has been expressly provided. The customer will be informed of the warranty conditions before the order process is initiated.
8.3. If the customer is a company, it must inspect the goods immediately, without prejudice to any statutory obligations to give notice of defects, and notify the supplier of any apparent material defects in writing immediately, at the latest within two weeks of delivery, and of any non-apparent material defects immediately, at the latest within two weeks of discovery. Customary deviations in quality, weight, size, thickness, width, finish, grain, pattern, and color that are permissible according to quality standards or are minor in nature do not constitute defects.
8.4. If the customer is a business, the seller shall choose between repairing or replacing the defective goods.
8.5. Notwithstanding the liability provisions of these General Terms and Conditions, material defects shall become time-barred one year after the transfer of risk if the customer is a business, unless longer periods are prescribed by law, in particular in the case of special provisions for recourse by the entrepreneur. In the case of used goods, the warranty is excluded if the customer is a business.
8.6. If the customer is a business and has incorporated the defective item into another item or attached it to another item in accordance with its nature and intended use within the meaning of Section 439 (3) of the German Civil Code (BGB), the seller shall not be obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses incurred in removing the defective item and installing or attaching the repaired or delivered defect-free item as part of the subsequent performance. to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of recourse by the customer within the supply chain (i.e., between the customer and his/her customers).
9. Liability
9.1. Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability shall apply to the seller's liability for damages.
9.2. The seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable damage typical for this type of contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Storage of the contract text
10.1. Customers can print out the contract text before submitting their order to the seller by using the browser's print function in the last step of the order process.
10.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, along with cancellation policy and information on shipping costs and delivery and payment terms. If the customer has registered in the seller's shop, they can view their orders in their profile area. In addition, the seller stores the contract text, but does not make it accessible on the Internet.
10.3. If the customer is a business, the contract documents can be received by email, in writing, or by reference to an online source.
11. Final provisions
11.1. If the customer is a company, subject to other agreements or mandatory legal provisions, the place of performance shall be the registered office of the seller, while the place of jurisdiction shall be the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction in the country where the seller is based. The seller reserves the right to choose another permissible place of jurisdiction.
11.2. In the case of entrepreneurs, the law of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.
11.3. The contract language is German.
11.4. The seller is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.