GENERAL TERMS AND CONDITIONS (GTC)

from
FEUERWASSER
Managing Director Martin Auer
Garanaser Straße 6, 8541 Bad Schwanberg

1. General

These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between FEUERWASSER (hereinafter referred to as FEUERWASSER) and consumers and companies (hereinafter referred to as customers) with regard to FEUERWASSER goods in the currently valid version, which is available in the business premises or on the website www.feuerwasser.co.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

For entrepreneurs, these GTC also apply to future transactions without FEUERWASSER having to refer to them again. Other conditions are not valid and are therefore expressly contradicted. FEUERWASSER must expressly agree in writing to any deviating, conflicting, previous, restrictive or supplementary terms and conditions and regulations of the contractual partner so that they become part of the contract in individual cases. In particular, acts of contract fulfillment by FEUERWASSER do not constitute consent to any conditions that deviate from these General Terms and Conditions. The General Terms and Conditions also apply to follow-up orders, even if these are not separately agreed verbally or in writing.

2. Subject matter and conclusion of the contract

The subject matter of the contract is the sale of all types of goods sold in the online shop, by telephone, by email or in physical sales by FEUERWASSER.

All offers and price information that can be found on the website, on social media or in physical sales are non-binding. When ordering from the FEUERWASSER online shop, it is the customer's responsibility to make a legally binding offer to FEUERWASSER and at the same time to confirm that they have read and agreed to FEUERWASSER's terms and conditions by selecting the appropriate and indicated field.

The order confirmation, which is sent to the customer automatically by email, does not represent acceptance of the customer's offer, but serves solely to confirm that FEUERWASSER has received the offer.

FEUERWASSER accepts the contract in writing or by sending the goods to the customer. Following the order, the customer receives a shipping confirmation.

If FEUERWASSER cannot fulfill the customer's order because the ordered goods are not available, FEUERWASSER will inform the customer immediately after becoming aware of this fact. Any payments already made will be refunded to the customer immediately.

Approaches by customers in physical sales, as well as by telephone or email, do not constitute offers in the legal sense, but are merely expressions of interest in FEUERWASSER's services. In this case, FEUERWASSER expressly reserves the right to make an offer, which will then be sent to the customer with the FEUERWASSER General Terms and Conditions attached or enclosed, so that the customer can decide whether to accept FEUERWASSER's offer.

Orders placed can be canceled by FEUERWASSER without reason within eight days of the order being placed.

Contracts are concluded exclusively in German or English.

3. Prices

All prices quoted by FEUERWASSER include statutory sales tax. All prices quoted by FEUERWASSER to businesses, with the exception of the online shop, are exclusive of statutory sales tax, unless explicitly stated otherwise. Prices quoted on the website are always inclusive of VAT. All prices quoted are in EURO, unless expressly stated otherwise.

FEUERWASSER is entitled to adjust prices if cost centers relevant to the calculation or costs necessary for the provision of services such as those for materials, external work, financing, etc. change upwards or downwards during the term of the contract. The prices offered by FEUERWASSER are always variable. The increase or decrease in the purchase price of goods is based on the change in the wholesale price index and the collective wage index. The starting point is always the index value published for that month when the contract is concluded.

Upon conclusion of the contract, the customer undertakes to pay the purchase price in full. Discount and voucher codes cannot be subsequently applied to orders and cannot be combined with one another.

4. Terms of payment

Invoices are due for payment immediately upon receipt; the payment deadline is seven days.

The customer must transfer the amount owed to Feuerwasser's account at the Steiermärkische Sparkasse Deutschlandsberg
IBAN: AT55 2081 5000 4410 0196
BIC: STSPAT2GXXX
in a timely manner so that it is credited to the account on time.

For contracts between FEUERWASSER and entrepreneurs, different due dates and payment periods can also be agreed individually.

Only the payment methods shown there are accepted as payment methods in the online shop and the entire purchase price is due and payable immediately.

When purchasing a main product or invoice value exceeding EUR 2.500,- Feuerwasser offers the following installment payment option: 50% prepayment and 50% within 7 days of receipt of the goods.

In the context of physical sales, the means of payment must be agreed individually, whereby the currency is always EURO. If no special means of payment is agreed, the purchase price must be paid in cash immediately upon delivery of the goods.

With regard to contracts between FEUERWASSER and entrepreneurs, the means of payment can always be agreed individually.

In the event of late payment, FEUERWASSER is entitled to charge default interest at a rate of 12% p.a.; this does not affect any further claims (in particular the reimbursement of debt collection costs). The customer is liable - even in the event of late payment through no fault of his own - for reminder and collection costs incurred by FEUERWASSER, insofar as they were necessary and appropriate for the appropriate legal action.

If the payment deadline is exceeded (in the case of partial invoices with only one invoice), any compensation granted (reductions, discounts, rebates, etc.) will expire and will be added to the invoice.

If the customer withdraws from the contract without justification, he or she will owe a penalty of 30% of the purchase price; the assertion of further damages remains unaffected. The same applies in the event of lawful withdrawal from the contract by FEUERWASSER.

5. Delivery, transfer

If the delivery of the goods is agreed, delivery will be made, unless otherwise agreed, to the delivery address specified by the customer and only to the curb.

The goods ordered by the customer will only be dispatched after the purchase price has been fully paid; in the case of installment payments, dispatch will only take place after the down payment owed has been paid.

FEUERWASSER is not liable for incorrect information of any kind when agreeing on delivery, such as incorrect delivery addresses and delays or damage caused as a result. If the transport company returns the goods to FEUERWASSER because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the failure to deliver is due to circumstances for which the customer is not responsible or if he was temporarily prevented from accepting the goods, unless the service was announced by FEUERWASSER a reasonable amount of time in advance.

All information on delivery times is non-binding.

In the event of delays in delivery due to force majeure, such as natural disasters or strikes by delivery companies or due to other circumstances for which FEUERWASSER is not responsible (this also includes official measures in the context of an epidemic/pandemic or war), FEUERWASSER is entitled to make up for the delivery once the impediment has been removed or to withdraw from the contract.

Deliveries to other European countries are possible, but the buyer must bear all import and export costs including any customs duties, fees and taxes - especially for deliveries to a non-EEA country. This does not apply to deliveries to Switzerland, where these costs are included in the purchase price.

If the customer refuses to accept the goods, FEUERWASSER is released from all further delivery obligations and is entitled to withhold any outstanding deliveries, to withdraw from the contract and to demand compensation for damages caused by the delay in acceptance caused by the customer. If goods are stored at FEUERWASSER due to the customer's delay in acceptance, the customer must pay storage fees of € 18.90 per calendar day started.

If FEUERWASSER delays performance, the customer is entitled and obliged to set a reasonable grace period for the contract to be fulfilled and, if the performance is still not made within this period, is entitled to withdraw from the contract with a separate declaration. In the B2B area, the following also applies: The grace period must be set in writing and expressly designated as such.

FEUERWASSER delivers free of charge. A specific delivery date is not guaranteed. Deliveries to houses that are difficult to access or with special delivery conditions can incur additional costs.

Unless otherwise agreed in writing, the goods will be delivered from our production site at Garanaser Straße 6, 8541 Bad Schwanberg.

6. Retention of title, right of retention

The goods subject to the contract remain the property of FEUERWASSER until they have been paid in full.

The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.

The following applies in the B2B area: FEUERWASSER reserves ownership of the goods until all claims from the current business relationship have been settled in full. Before ownership of the reserved goods is transferred, pledging or transferring them as security is not permitted. Resale is only permitted if FEUERWASSER has been notified of this in good time beforehand, stating the name or company and the exact business address of the buyer, and FEUERWASSER consents to the sale. In the event of consent, the purchase price claim is deemed to have been assigned to FEUERWASSER and FEUERWASSER is authorized at any time to notify the third-party debtor of this assignment. In the event of multiple claims by FEUERWASSER, payments by the debtor will be allocated primarily to those claims by FEUERWASSER that are no longer secured by retention of title or other security. The customer bears the entire risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

In the event of default, FEUERWASSER is entitled to assert the rights arising from the retention of title. It is agreed that asserting the retention of title does not constitute withdrawal from the contract, unless we expressly declare withdrawal from the contract.

In the event of processing or combining the goods with third-party items, FEUERWASSER's ownership extends to the new item.

Any pledging or transfer of ownership by way of security of the goods delivered under retention of title in favor of third parties is not permitted without the consent of FEUERWASSER. The customer must notify FEUERWASSER immediately of any seizure by third parties.

7. Warranty and exclusion of liability

FEUERWASSER does not guarantee that the photos published on the website are identical to the goods delivered.

If delivery of the goods is agreed and they are damaged during transport, the customer is obliged to complain to the deliverer in writing immediately - at the latest within three days of receipt of the goods - and to contact FEUERWASSER immediately. The lack of notification has no effect on the statutory warranty rights.

Claims for damages are excluded unless FEUERWASSER acts with gross negligence or intent. Personal injury remains unaffected. FEUERWASSER is only liable to business customers for damage caused by gross negligence or intent and never for lost profits.

In the B2B area, the following applies: The customer is obliged to inspect the goods immediately and with the due care of a businessman for quality and quantity deviations and to complain in writing about obvious defects within seven days of receipt of the goods. If the obligation to inspect and give notice of defects is violated, the assertion of warranty, compensation and error claims is excluded.

There is no subsequent limitation period. Section 924 ABGB is excluded in B2B business, i.e. the customer must always prove that the defect was already present at the time of delivery. In the B2B area, the warranty for discounted goods and display items is also excluded.

If used goods are sold to customers who are consumers, the warranty period is only one year.

Recourse claims based on the PHG (Product Liability Act) against FEUERWASSER are excluded. Customers waive all rights against FEUERWASSER to which they are entitled on the basis of Section 12 PHG. If the customer passes on products, he is obliged to pass on this waiver in full to his buyers, including this obligation to include the product as an obligation for all other buyers. This obligation to include the product also applies if the customer or another buyer uses FEUERWASSER products to manufacture other products and places these other products on the market.

Business customers are not entitled to contest the contract due to error or due to a reduction of more than half.

The delivered goods are intended exclusively for use within the EU, the EEA, Switzerland and the United Kingdom (UK). An export to countries outside this territory by the buyer is expressly prohibited. In the event of a violation of this export ban, use is at own risk and subject to the complete exclusion of any manufacturer liability.

8. Right of Withdrawal / Right of Revocation

The consumer has the right to withdraw from a contract concluded by means of distance selling or outside the business premises of FEUERWASSER within the meaning of the FAGG, without giving any reason, within 14 days.

The withdrawal period is 14 days and begins on the day on which the consumer or a third party designated by the consumer, who is not the carrier, has taken possession of the goods.

To exercise the right of withdrawal, the consumer must inform FEUERWASSER of the decision to withdraw from the contract by means of a clear but informal declaration (e.g. a letter sent by post or an email). For this purpose, the model withdrawal form given below may be used, but its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period has expired. The declaration of withdrawal must be addressed to:
FEUERWASSER, Owner Martin Auer
Garanaser Straße 6
8541 Bad Schwanberg
Email: info@feuerwasser.co

In the event of a withdrawal from the contract, FEUERWASSER shall refund all payments received from the customer, including delivery costs, within 14 days to the bank account specified by the customer, and the customer shall return the received goods without delay, but no later than within 14 days after declaring the withdrawal. FEUERWASSER may withhold the refund until the goods have been returned.

The goods are to be returned to the following address:
FEUERWASSER, Owner Martin Auer
Garanaser Straße 6
8541 Bad Schwanberg

The goods should, where possible, be returned in their original packaging, complete with all accessories and packaging components. If the original packaging is no longer available, protective packaging must be used to ensure adequate protection against any damage during transit. Damage and soiling should be avoided.

Goods that cannot be sent by post will be collected by Feuerwasser or a delivery partner in the event of a justified cancellation. In the event of a collection, the goods must be packed securely for transport. This means that the goods must be restored to their original condition upon delivery and must be stored in a suitable, dry place until the time of collection.

The costs of the return, as well as the costs of damage to the goods attributable to improper storage prior to collection, and any transport damage arising during collection due to improper packaging, shall be borne by the consumer.

The right of withdrawal is particularly excluded for goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons, if the seal has been removed after delivery.

Any compensation for a reduction in the value of the goods must be paid— in accordance with the statutory provisions on the right of withdrawal— if the loss of value is due to handling of the goods that was not necessary to examine their condition, properties, and functioning.

9. 60-Day Satisfaction Guarantee

Regardless of the statutory 14-day right of withdrawal pursuant to the FAGG, a voluntary 60-day satisfaction guarantee is granted by FEUERWASSER. Within 60 days from receipt of the goods, the goods may be returned under the same conditions and return requirements as apply to the statutory right of withdrawal.

For returns under the 60-day satisfaction guarantee, the same provisions, procedures, and requirements apply as for the statutory right of withdrawal (in particular regarding return, reimbursement, and any compensation for a reduction in the value of the goods).

After the expiry of the statutory 14-day withdrawal period, a brief written notification (e.g. by email) is sufficient to make use of the 60-day satisfaction guarantee.

10. 5-Year Warranty on Stainless Steel Parts

Warranty Provider
This warranty is provided by Feuerwasser (hereinafter referred to as the “Manufacturer”).

Warranty Period
In addition to the statutory 2-year warranty, the Manufacturer grants a voluntary manufacturer’s warranty of 5 years from the date of purchase. The warranty commences on the invoice date. This warranty is provided without prejudice to mandatory statutory warranty rights and does not limit them in any way.

Scope of Warranty (What is Covered?)
The extended manufacturer’s warranty exclusively covers the structural durability and material quality of the stainless steel core components.
Covered components include:

All solid stainless steel parts
The inner tub
Combustion chamber elements
Load-bearing stainless steel structures

The Manufacturer guarantees the structural integrity and freedom from perforation corrosion of these components under proper use.

In the event of a warranty claim, at the Manufacturer’s discretion, one of the following remedies will be provided:

Repair
Replacement of individual components
Replacement delivery
Price reduction

Further claims, in particular withdrawal from the contract or compensation for damages, are excluded under this voluntary warranty.

Warranty Exclusions (What is Not Covered?)
The 5-year warranty applies exclusively to stainless steel parts. The following are explicitly excluded:

Wear parts (e.g., gaskets, wooden elements, valves, etc.)
Surface changes due to normal thermal stress (e.g., heat marks, patina, discoloration)
Cosmetic changes that do not affect functionality
Damage due to improper installation, use, or storage
Damage caused by chemical cleaners or aggressive substances (e.g., chlorine-based cleaners or use of chlorine or other substances to extend water life)
Damage caused by foreign rust (e.g., rust transferred from iron-containing objects)
Damage caused by external mechanical impact (e.g., shocks, falls, transport by third parties)
Damage caused by force majeure (e.g., flooding, storms, lightning strikes)
Corrosion due to salty ambient air or permanent moisture without proper maintenance
Corrosion caused by saltwater
Modifications or repairs by unauthorized third parties

Warranty Conditions
To make a warranty claim, the following conditions must be met:

Proper use in accordance with the operating instructions
Proper maintenance and cleaning
No unauthorized modifications or technical alterations
Presentation of the original invoice

The warranty is non-transferable and applies exclusively to the original purchaser.

Warranty Procedure
Warranty claims must be reported immediately in writing (via email) with the following attachments:

Invoice
Clear photos of the defect
Description of the defect

The Manufacturer reserves the right to request the affected product or component for inspection. Transport costs in the event of a warranty claim will be determined on a case-by-case basis. In justified claims, the Manufacturer will cover the transport costs.

Geographical Scope
The warranty is valid within the European Union and Switzerland.

Cessation of Business
This warranty is a voluntary commitment by the Manufacturer. Warranty claims expire in the event of permanent cessation of business or liquidation of the Manufacturer, unless a legal successor assumes the obligations under this warranty. No claims against third parties or shareholders exist in this case.

11. Data protection

Data protection provisions are contained in the data protection declaration.

FEUERWASSER draws attention to the fact that customer data can be processed for advertising purposes on the basis of legitimate interests (Article 6 Paragraph 1 Letter f GDPR). The customer can object to this form of data processing at any time (Article 21 Paragraph 2 GDPR).

The customer gives his consent for the personal data contained in the contract to be stored and processed by FEUERWASSER using automated means in fulfillment of this contract. The customer is obliged to notify changes to his residential address as long as the contract has not been fully fulfilled by both parties. If the notification is omitted, declarations and deliveries are deemed to have been received even if they are sent to the last notified address.

12. Place of performance, contract language, choice of law and place of jurisdiction

The place of performance is the registered office of FEUERWASSER.

The contract language is German.

Austrian jurisdiction is used as the basis and agreed upon. If it is not a consumer transaction, the court with jurisdiction at the registered office of FEUERWASSER has exclusive local jurisdiction to decide all disputes arising from the contract.

This contract is governed exclusively by Austrian substantive law, excluding the reference standards of international private law and the UN Convention on Contracts for the International Sale of Goods.

13. Information on out-of-court dispute resolution

Please note that the arbitration board for consumer transactions has been set up as a catch-all arbitration board for alternative dispute resolution. Participation in the arbitration procedure is voluntary.

Consumers can use the platform for out-of-court online dispute resolution to conduct an arbitration procedure for disputes arising from online legal transactions. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

14. Final provisions, intellectual property

All legal declarations, changes, additions, side agreements, etc. relating to this contract and the related transactions must be in writing to be valid. Deviations from compliance with the formal requirements must also be in writing.

Documents such as brochures, catalogs, sketches, plans, cost estimates and the like remain the intellectual property of FEUERWASSER. Any use, in particular the passing on, reproduction, publication and provision, including copying even in part, requires the express consent of FEUERWASSER.

All of the above-mentioned documents can be reclaimed by FEUERWASSER at any time and must in any case be returned to FEUERWASSER immediately and without request if the contract is not concluded.

The customer also undertakes to keep the knowledge obtained from the business relationship confidential from third parties.

In the event that individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision whose effects are as close as possible to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. If a customer invokes the inclusion of their own general terms and conditions when concluding the contract, the relevant provisions of the general terms and conditions of FEUERWASSER shall apply as the content of the contract in the event that these conflict with the general terms and conditions of FEUERWASSER.

15. Cancellation form

If you wish to cancel the purchase contract, please fill out this form and send it back to us:

Feuerwasser
Inhaber Martin Auer
+43 677 634 352 75
Garanaser Straße 6
8541 Bad Schwanberg

I hereby withdraw from the contract I have concluded for the purchase of the following goods:

________________________________________________________________
________________________________________________________________

Ordered on: ________________________________
Received on: ________________________________

Name of customer: ________________________________

Address of customer: ________________________________
________________________________

Signature of customer: ________________________________ (only for paper notifications)

Date: ________________________________