1. Scope
These General Terms and Conditions (hereinafter referred to as „GTC“) of the company FLOEMER GmbH, Mundorfing 7, 4751 Dorf an der Pram, (hereinafter the „Seller“) apply to all contracts for the supply of goods and the provision of services that a consumer or entrepreneur („Customer“) concludes with the Seller concerning the goods presented by the Seller in her online shop. The inclusion of the Customer's own general terms and conditions, as well as any amendments or additions to these terms and conditions, is hereby objected to, unless otherwise expressly agreed.
A consumer, for the purposes of these terms and conditions, is any natural person who enters into a legal transaction for purposes that cannot be primarily attributed to their commercial or independent professional activity.
For the purposes of these general terms and conditions, an "entrepreneur" is any natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
For reasons of readability, the masculine form is used for personal nouns. Corresponding terms apply equally to all genders in the sense of equal treatment.
2. Concluding the Contract
The presentation of products for sale in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue intended to invite the customer to make a binding offer.
The offer is made through the customer's order in the online shop by clicking the order button. The customer thereby submits a binding offer to the seller for the products in the shopping basket. An order can also be placed by telephone.
Upon receipt of the order, an order confirmation will be automatically sent to the customer. However, this confirmation does not yet constitute acceptance of the offer. The purchase contract is only concluded by a written order confirmation or by the actual delivery of the goods.
The seller sells and delivers in Austria, Germany and Switzerland.
3. Prices and Payment Terms
The prices stated in the online shop include statutory value-added tax. In addition to the product prices, shipping costs may apply, which will be visible during the ordering process.
Upon receipt of your order, we will briefly check the current availability and stock capacity of your desired items. Afterwards, you will receive from us a Invoice by email, which already contains the total amount and all necessary payment information. As soon as your payment has been received by us, the order will prepared for dispatch immediately.
- Advance payment (payment in advance)
In case of late payment, statutory default interest shall apply (4 % p.a. for consumers, 9.2 % above the base interest rate for entrepreneurs). For additionally ordered services, a claim for adequate remuneration exists.
4. Delivery and Shipping Conditions, Dates
Our products are carefully prepared and dispatched as quickly as possible. The average Delivery time is approximately 7–10 working days within Austria (depending on the freight forwarder and order volume).
For spare parts and accessories, delivery times may vary – delivery is usually made within approx. 5–7 working days. Should an item be temporarily out of stock, we will of course inform you immediately of the expected delivery time or possible alternatives.
When shipping goods, the risk of loss or damage to the goods only passes to the consumer when they are handed over to them or an authorised recipient. If the customer acts as a business, the risk passes upon handover to the carrier.
If delivery fails for reasons attributable to the customer, the customer shall bear the costs incurred. The seller reserves the right to withdraw from the contract in the event of the goods being unavailable and to inform the customer immediately.
Deadlines and dates will be postponed for the duration of the event in cases of force majeure or unforeseeable events not caused by the seller (e.g. strikes, delayed deliveries from suppliers).
5. Retention of Title
The goods ordered remain the property of the seller until full payment has been received.
6. Warranty and Liability
Liability for defects shall be governed by statutory provisions. The customer must report obvious transport damage to the delivery agent and inform the seller.
The seller is only liable in cases of intent or gross negligence, with the exception of personal injury. For business customers, the warranty period is one year from the transfer of risk. For used goods, warranty rights are excluded.
The seller accepts no liability for technical disruptions to the webshop, force majeure, strikes, or network failures. Furthermore, no liability is accepted for improper handling, incorrect storage, or failure to follow operating instructions.
The product images in the webshop are illustrative; minor deviations in colour or design do not represent a defect.
7. Consumer’s right of withdrawal according to FAGG
Consumers have a right of withdrawal if the legal transaction was concluded outside of business premises or by distance selling.
The customer as a consumer has the right to cancel the contract within 14 days from the day on which the customer or a third party named by them, who is not the carrier, took possession of the goods, without giving a reason to revoke, provided that the underlying transaction is subject to Sections 3 KSchG and 11 FAGG.
To exercise the right of withdrawal, the customer must inform the seller, FLOEMER GmbH, Mundorfing 7, 4751 Dorf an der Pram, Tel. 0660 / 507 79 38, E-Mail: info@floemer.at, inform us of your decision to revoke the contract by means of a clear declaration (e.g. by post or email). The sample revocation form below can be used for this purpose – but does not have to be.
Withdrawal Form (Model)
To:
FLOEMER GmbH
Mundorfing 7
4751 Dorf an der Pram
E-mail: info@floemer.at
I/We hereby revoke the contract concluded by me/us for the purchase of the following goods / the provision of the following service:
– Ordered on ___ / Received on ___
– Name of consumer: ___
– Consumer's address: ___
– Signature (only if submitted on paper)
– Date: ___
Consequences of withdrawal
If the customer revokes the contract, the seller shall refund all payments received from the customer, including the standard delivery charges, within 14 days of the day on which the seller receives notice of the revocation. For this refund, the same means of payment shall be used as was used for the original transaction, unless expressly agreed otherwise.
The customer must return the goods received immediately and at the latest within 14 days of notification of cancellation. The customer shall bear the cost of returning the goods. The customer shall only be liable for any loss in value if this is attributable to handling of the goods which is not necessary to check the condition, characteristics and functioning of the goods.
Exemptions from the right of withdrawal
- Goods made to customer specifications or clearly tailored to individual needs
- Goods that can easily perish or whose expiry date would soon be exceeded
- Goods delivered sealed which are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery
- Goods which, by reason of their nature, have been inseparably mixed with other goods after delivery
- Audio or video recordings or computer software in sealed packaging, provided that the seal has been broken after delivery
- Newspapers, magazines or illustrated publications, with the exception of subscription contracts
8. Miscellaneous
All legal relationships between the parties shall be governed by the Austrian legal system, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this shall only apply insofar as the protection afforded by mandatory provisions of the respective national law is not withdrawn.
If the customer has their place of business in Austria, the exclusive place of jurisdiction is the seller's place of business. For customers whose place of business is outside Austria, the seller's place of business shall be the place of jurisdiction, provided that the contract is attributable to the customer's commercial activity.
However, the seller is entitled to call upon the court at the customer's place of residence. Should individual parts of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.