GENERAL TERMS AND CONDITIONS (GTC)
from
FIREWATER
Managing Director Martin Auer
Garanaser Straße 6, 8541 Bad Schwanberg
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 the goods of FEUERWASSER in the version in force from time to time, which is available in the business premises or is www.feuerwasser.co on the website.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed 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 his commercial or self-employed professional activity.
With regard to entrepreneurs, these T&Cs 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 deviating, conflicting, earlier, restrictive or supplementary terms and conditions and regulations of the contractual partner in order for them to become part of the contract in individual cases. In particular, acts of performance of the contract on the part of FEUERWASSER shall not be deemed to be acceptance of any conditions deviating from the present GTC. The GTC also apply to follow-up orders, even if they are not separately agreed orally or in writing.
Subject of the contract and conclusion of the contract
The subject of the contract is the sale of goods of all kinds sold in the online shop, by telephone, by e-mail or in the physical sale of FEUERWASSER.
All offers and prices found on the website, social media or physical sale are non-binding. When placing orders in the FEUERWASSER online shop, it is the customer’s responsibility to make a legally binding offer to FEUERWASSER, as well as at the same time to confirm that the customer has read and agrees to the terms and conditions of FEUERWASSER by selecting the appropriate and designated field.
The order confirmation, which is transmitted to the customer by e-mail with automated support, does not constitute an acceptance of the customer’s offer, but serves exclusively to confirm the receipt of the offer by FEUERWASSER.
The contract is accepted by FEUERWASSER in writing or by sending the goods to the customer. As a result of the order, the customer will receive a shipping confirmation.
If FEUERWASSER is unable to execute the customer’s order because the ordered goods are not available, FEUERWASSER will inform the customer of this immediately after becoming aware of this fact. Payments already made will be refunded to the customer immediately.
Approaches by customers in physical sales, as well as by telephone or e-mail, do not constitute offers in the legal sense, but are merely expressions of interest in the services of FEUERWASSER. In this case, FEUERWASSER expressly reserves the right to submit an offer, which will subsequently be sent to the customer by FEUERWASSER, attaching or enclosing the GTC, so that the customer can decide whether to accept the offer from FEUERWASSER.
Orders placed can be cancelled by FEUERWASSER without reason within eight days of the order being placed.
Contracts are concluded exclusively in German or English.
Prices
All prices quoted by FEUERWASSER are to be understood as including the statutory value added tax. All prices quoted by FEUERWASSER vis-à-vis entrepreneurs, with the exception of the online shop, are to be understood as exclusive of the statutory value added tax, unless explicitly stated otherwise. Prices listed on the website are always inclusive of VAT. All prices quoted are to be understood in EURO, unless otherwise expressly stated.
FEUERWASSER is entitled to price adjustments 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 collectively agreed wage index. The starting point is always the index value published at the time of conclusion of the contract for that month.
By concluding the contract, the customer undertakes to pay the purchase price in full.
Discount and voucher codes cannot be applied to orders retrospectively and cannot be combined with each other.
Payment
Invoices are due for payment immediately upon receipt; the payment term is seven days.
The customer has thus transferred the amount owed to the account of Feuerwasser at Steiermärkische Sparkasse Deutschlandsberg in a timely manner.
IBAN: AT55 2081 5000 4410 0196
BIC: STSPAT2GXXX
to instruct that this is placed on it in due time.
In the case of contracts between FEUERWASSER and entrepreneurs, different due dates and payment deadlines can also be agreed individually.
Only the payment methods shown there are accepted as means of payment in the online shop and the entire purchase price, except in the case of installment payments, is due and payable immediately.
FEUERWASSER offers the following installment payment models:
Partial payment option: 50% prepayment and 50% within 7 days of receipt of the goods.
Variant 1, consisting of two installments:
Deposit 50% on order (7 days payment period) + 2nd payment 50% 50 days after delivery, fee 2.9% on the total invoice amount.
Variant 2, consisting of six installments:
Deposit 50 % on order + 5 monthly installments from delivery, 1st installment starts 1 month after delivery, fee 4.9 % on the total invoice amount
If the customer is in arrears with even one instalment, FEUERWASSER is entitled to make the entire outstanding claim due immediately and to demand it from the customer.
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 default of payment, FEUERWASSER is entitled to charge default interest in the amount 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 default of payment through no fault of his own – for reminder and collection expenses incurred by FEUERWASSER, insofar as they were necessary and appropriate for the appropriate legal prosecution.
If the payment deadline is exceeded (in the case of partial invoices with only one invoice), any remuneration granted (discounts, discounts, discounts, discounts, etc.) will be forfeited and added to the invoice.
If the customer withdraws from the contract without justification, he owes 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.
Delivery, transfer
If the delivery of the goods is agreed, the delivery will be made, unless otherwise agreed, to the delivery address specified by the customer and only to the curb.
Except in the case of instalment payments, the goods ordered by the customer will only be shipped after the purchase price has been fully adjusted; in the case of installment payments, shipment will only take place after correction of the deposit owed.
FEUERWASSER is not liable for incorrect information of data of any kind in the course of the agreement of delivery, such as in particular incorrect delivery addresses and delays or damage caused by them. 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 shipping. This does not apply if the lack of delivery is due to circumstances for which the customer is not responsible or if he was temporarily prevented from accepting, unless the service was announced by FEUERWASSER in a reasonable time in advance.
All information about delivery times is non-binding, unless a delivery date has been promised in writing in exceptional cases.
In the event of delays in delivery due to force majeure, such as natural disasters or strikes by the delivery staff, 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 or to withdraw from the contract after the impediment has ceased to exist.
Deliveries to other European countries are possible, but the buyer must bear all import and export expenses including any customs duties, fees and charges – especially in the case of deliveries to a non-EEA country; this does not apply to deliveries to Switzerland. These are not included in the purchase price.
If the customer refuses to accept the contract, FEUERWASSER shall be released from all further delivery obligations and shall be entitled to withhold any outstanding deliveries as well as to withdraw from the contract and to claim damages for the default of acceptance caused by the customer. If goods are stored at FEUERWASSER due to default of acceptance by the customer, the customer must bear the storage fees of € 18.90 per calendar day or part thereof.
In the event of a delay in performance by FEUERWASSER, the customer is entitled and obliged to set a reasonable grace period for the performance of the contract and, in the event that performance is still not made within this period, is entitled to withdraw from the contract with a separate declaration. In the B2B sector, 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 promised. Deliveries to hard-to-reach homes or with special delivery conditions may incur additional costs.
In the absence of a different written agreement, the delivery of the goods takes place from our production headquarters in Garanaser Straße 6, 8541 Bad Schwanberg.
Retention of title, right of retention
The goods subject to the contract remain the property of FEUERWASSER until they have been paid for in full.
A right of retention can only be exercised by the customer if it concerns claims arising from the same contractual relationship.
In the B2B sector, the following applies: FEUERWASSER reserves ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
A resale is only permissible if FEUERWASSER has been notified in good time beforehand, stating the name or company name and the exact business address of the buyer and FEUERWASSER agrees to the sale. In the event of consent, the purchase price claim shall be deemed to have been assigned to FEUERWASSER and FEUERWASSER shall be entitled at any time to notify the third-party debtor of this assignment. In the event of a plurality of claims by FEUERWASSER, payments by the debtor are primarily attributed to those claims of FEUERWASSER that are not (or no longer) secured by a retention of title or other means of security. The customer bears the entire risk for the goods subject to retention of title, 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 the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
In the event that the goods are processed or combined with third-party items, the ownership of FEUERWASSER extends to the new item.
Any pledging or transfer of title by way of security of the goods delivered under retention of title for the benefit of third parties is prohibited without the consent of FEUERWASSER. The customer must report any seizure by a third party to FEUERWASSER immediately.
Warranty and Disclaimer
FEUERWASSER does not guarantee that the photos published on the website are identical to the goods delivered.
If the delivery of the goods is agreed upon and they are damaged during transport, the customer is obliged to complain to the delivery person immediately – at the latest within three days of receipt of the goods – in writing 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. This does not affect damage to persons. FEUERWASSER is only liable to corporate customers for damage caused by gross negligence or intent and never for lost profits.
In the B2B sector, the following applies: The customer is obliged to inspect the goods immediately and with the necessary care of a businessman for quality and quantity deviations and to complain in writing of obvious defects within seven days of receipt of the goods. In the event of a violation of the duty to investigate and to complain, the assertion of warranty claims, claims for damages and avoidance of errors is excluded.
The warranty period in B2B business is six months in all cases. There is no subsequent limitation period. Section 924 ABGB is excluded in B2B transactions, i.e. the customer must always prove that the defect was already present at the time of handover. In the B2B sector, the warranty for discounted goods and exhibition pieces is also excluded.
If used goods are sold to customers who are consumers, the warranty period is only one year.
Recourse claims on the basis of the PHG (Product Liability Act) against FEUERWASSER are excluded. Customers waive all rights they have against FEUERWASSER on the basis of § 12 PHG. In the event of the transfer of products by the customer, the customer is obliged to bind this waiver in full to its customers, including this obligation to integrate as an obligation of all other customers. This obligation to integrate also exists if the customer or another buyer uses the products of FEUERWASSER for the manufacture of other products and places these other products on the market.
Entrepreneurial customers are not entitled to contest the contract on the grounds of error or because of a reduction of more than half.
Right of withdrawal/withdrawal
The consumer customer has the right to withdraw within 14 days without giving reasons from a contract that has been concluded at a distance or outside the business premises of FEUERWASSER iSd FAGG.
The withdrawal period is 14 days and is calculated from 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.
In order to exercise the right of withdrawal, the consumer must inform FEUERWASSER of the decision to withdraw from this contract by means of an unambiguous but informal declaration (e.g. a letter sent by post or e-mail). For this purpose, the attached model withdrawal form can (but does not have to) be used.
In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period. The revocation must be addressed to:
FEUERWASSER, Owner Martin Auer
Garanaser Straße 6
8541 Bad Schwanberg
info@feuerwasser.co
In the event of withdrawal from the contract, FEUERWASSER must refund the payments made by the customer, including delivery costs, within 14 days to the account specified by the customer, and the customer must return the goods received immediately, but no later than 14 days after the declaration of withdrawal. Reimbursement may be withheld by FEUERWASSER until the goods have been received back or proof is available that the goods have been returned, whichever is earlier.
The goods must be returned to the following address:
FEUERWASSER, Owner Martin Auer
Garanaser Straße 6
8541 Bad Schwanberg
The costs incurred for the return shipment must be borne by the customer himself.
Withdrawal from the contract is excluded in particular for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if they are unsealed after delivery.
Dataprotection
Provisions on data protection are contained in the privacy policy.
FEUERWASSER draws attention to the fact that customer data may be processed for advertising purposes on the basis of legitimate interests (Article 6 (1) (f) GDPR). The customer can object to this form of data processing at any time (Art. 21 para. 2 GDPR).
The customer gives his consent that the personal data contained in the contract will be stored and processed by FEUERWASSER with automated support in fulfilment of this contract. The customer is obliged to announce 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 shall be deemed to have been received even if they are sent to the last address announced.
Place of Performance, Contract Language, Choice of Law and Place of Jurisdiction
The place of performance is the registered office of FEUERWASSER.
The language of the contract is German.
The Austrian jurisdiction is based on and agreed. If it is not a consumer transaction, the court with exclusive territorial jurisdiction to decide all disputes arising from the contract shall have exclusive territorial jurisdiction at the registered office of FEUERWASSER.
Austrian substantive law shall apply exclusively to this contract, to the exclusion of the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
Information on out-of-court dispute resolution
It should be noted that the Conciliation Board for Consumer Transactions is set up as a catch-all conciliation body for alternative dispute resolution. Participation in the conciliation procedure is voluntary.
Consumers can use the platform for out-of-court online dispute resolution for disputes arising from online legal transactions. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.
Final Provisions, Intellectual Property
All legal declarations, amendments, additions, ancillary agreements, etc. in relation to this contract and the related transactions must be made in writing in order to be valid. Departing from compliance with the formal requirements must also be in writing.
Documents such as brochures, catalogues, sketches, plans, cost estimates and the like remain the intellectual property of FEUERWASSER. Any use, in particular the forwarding, duplication, publication and making available, including copying even in part, requires the express consent of FEUERWASSER.
All of the above documents can be reclaimed from FEUERWASSER at any time and must in any case be returned to FEUERWASSER immediately without being asked to do so if the contract is not concluded.
In addition, the customer undertakes to maintain the confidentiality of the knowledge obtained from the business relationship vis-à-vis third parties.
In the event that individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. If a customer invokes the inclusion of his own GTC in the course of concluding the contract, the respective provisions of the GTC of FEUERWASSER shall apply as the content of the contract in the event that these contradict the GTC of FEUERWASSER.
