GENERAL TERMS AND CONDITIONS (GTC)

1. General Provisions

These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between FEUERWASSER (hereinafter referred to as FEUERWASSER) and consumers as well as entrepreneurs (hereinafter referred to as Customers) regarding the goods of FEUERWASSER 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 enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of their trade, business, or profession.

Towards entrepreneurs, these GTC also apply to future business relations without FEUERWASSER having to refer to them again. Other conditions have no validity and are hereby expressly rejected. Any deviating, conflicting, prior, restrictive, or supplementary terms and conditions and regulations of the contracting partner must be expressly agreed to in writing by FEUERWASSER in order to become part of the contract in an individual case. In particular, acts of contract performance by FEUERWASSER shall not be deemed as consent to any conditions deviating from these GTC. The GTC shall also apply to follow-up orders, even if these are not separately agreed upon verbally or in writing.

2. Subject Matter and Conclusion of Contract

The subject matter of the contract is the sale of goods of all kinds distributed by FEUERWASSER via the online shop, telephone, email, or physical sales.

All offers and price indications found on the website, on social media, or in physical sales are non-binding. When ordering in the FEUERWASSER online shop, it is the Customer's responsibility to submit a legally binding offer to FEUERWASSER and simultaneously confirm, by selecting the appropriate designated box, that they have read and agreed to the GTC of FEUERWASSER.

The order confirmation, which is automatically sent to the Customer by email, does not constitute an acceptance of the Customer's offer, but serves exclusively to confirm the receipt of the offer by FEUERWASSER.

The acceptance of the contract is carried out by FEUERWASSER in writing or by dispatching the goods to the Customer. Following the order, the Customer will receive 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.

Inquiries from Customers in physical sales, as well as via telephone or email, do not constitute offers in a 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 provided to the Customer along with the GTC of FEUERWASSER, so that the Customer can decide whether to accept FEUERWASSER's offer.

Placed orders can be canceled by FEUERWASSER without giving any reasons within eight days from the date the order was placed.

Contracts are concluded exclusively in German or English.

3. Prices

All prices stated by FEUERWASSER are to be understood including statutory Value Added Tax (VAT). All prices stated by FEUERWASSER to entrepreneurs, with the exception of the online shop, are to be understood excluding statutory VAT, unless explicitly stated otherwise. Prices listed on the website are always to be understood including VAT. All stated prices are in EURO, unless expressly noted otherwise.

FEUERWASSER is entitled to make 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., increase or decrease 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 standard wage index. The starting basis is always the index value published for the month of the conclusion of the contract.

Upon conclusion of the contract, the Customer commits to full payment of the purchase price.

Discount and voucher codes cannot be applied retrospectively to orders and cannot be combined with one another.

4. Payment Terms

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

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

For contracts between FEUERWASSER and entrepreneurs, deviating due dates and payment terms can also be agreed upon individually.

In the online shop, only the payment methods indicated there will be accepted, and the entire purchase price is due and payable immediately.

When purchasing a main product or for invoice values over EUR 2,500, Feuerwasser offers the following partial payment option: 50% advance payment and 50% within 7 days of receiving the goods.

In the context of physical sales, the payment method is to be agreed upon individually, with the currency always being EURO. If no special payment method is agreed upon, the purchase price must be paid by bank transfer.

Regarding contracts between FEUERWASSER and entrepreneurs, the payment method can always be agreed upon individually.

In the event of default in payment, FEUERWASSER is entitled to charge default interest at the rate of 12% p.a.; this does not affect claims going beyond this (in particular the compensation of collection costs). The Customer is liable – even in the case of a default in payment for which they are not responsible – for dunning and collection expenses incurred by FEUERWASSER, insofar as they were necessary for appropriate legal prosecution and are reasonable.

If the payment period is exceeded (in the case of partial invoices, even with just one invoice), any granted remunerations (discounts, deductions, rebates, etc.) shall forfeit and be added to the invoice.

If the Customer withdraws from the contract unjustifiably, they owe a contractual penalty of 30% of the purchase price; the assertion of further damages remains unaffected. The same applies in the case of a legitimate withdrawal from the contract by FEUERWASSER.

5. Delivery, Transfer

If the delivery of the goods is agreed upon, the delivery will, unless otherwise agreed, be made to the delivery address specified by the Customer and only up to the curbside.

The goods ordered by the Customer will only be dispatched after the purchase price has been paid in full; in the case of partial payment, dispatch will only occur after payment of the owed down payment.

FEUERWASSER is not liable for incorrect data of any kind provided during the delivery agreement, such as incorrect delivery addresses and resulting delays or damages. If the transport company returns the goods to FEUERWASSER because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the failed delivery is due to circumstances for which the Customer is not responsible or if they were temporarily prevented from accepting the delivery, unless FEUERWASSER had announced the service a reasonable time in advance.

All information on delivery times is non-binding.

In the event of delivery delays due to force majeure, such as natural disasters or strikes by delivery personnel or due to other circumstances beyond FEUERWASSER's control (this also includes official measures in the context of an epidemic/pandemic or wars), FEUERWASSER is entitled to make up the delivery after the hindrance has ceased or to withdraw from the contract.

Deliveries to other European countries are possible; however, the buyer must bear all import and export costs, including any customs duties, fees, and taxes, especially for deliveries to a non-EEA country. Deliveries to Switzerland are exempt from this; here these are included in the purchase price.

If the Customer refuses acceptance, FEUERWASSER is released from all further delivery obligations and is entitled to withhold outstanding deliveries as well as to withdraw from the contract and claim damages for the default of acceptance caused by the Customer. If goods are stored at FEUERWASSER due to the Customer's default of acceptance, the Customer must bear the storage fees of € 18.90 per commenced calendar day.

In the event of a delay in performance by FEUERWASSER, the Customer is entitled and obliged to set a reasonable grace period for the fulfillment of the contract and, in the event that performance is still not rendered within this period, is entitled to withdraw from the contract with a separate declaration. Furthermore, in the B2B sector: 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 locations that are difficult to access or involve special delivery conditions may incur additional costs.

Unless otherwise agreed in writing, the delivery of the goods takes place ex works 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 full payment has been received.

A right of retention may only be exercised by the Customer if it concerns claims arising from the same contractual relationship.

In the B2B sector, the following applies: FEUERWASSER retains title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.

A resale is only permitted if FEUERWASSER has been notified in good time in advance stating the name or company name 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 be assigned to FEUERWASSER, and FEUERWASSER is authorized at any time to inform the third-party debtor of this assignment. In the case of a plurality of claims by FEUERWASSER, payments by the debtor are primarily allocated 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 reserved goods, in particular for the risk of destruction, loss, or deterioration.

In the event of default, FEUERWASSER is entitled to assert 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 our withdrawal from the contract.

In the event that the goods are processed, combined, or mixed with third-party items, FEUERWASSER's ownership extends to the new item.

Any pledging or transfer by way of security of the goods delivered under retention of title in favor of third parties is prohibited without the consent of FEUERWASSER. The Customer must notify FEUERWASSER immediately of any seizure by third parties.

7. Warranty and Disclaimer of Liability

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

If delivery of the goods is agreed upon and they are damaged during transport, it is the Customer's obligation to complain immediately – at the latest within three days of accepting the goods – in writing to the deliverer and to contact FEUERWASSER immediately. The failure to report has no effect on statutory warranty rights.

Claims for damages are excluded unless FEUERWASSER acts with gross negligence or intent. This does not affect personal injury. Vis-à-vis business customers, FEUERWASSER is only liable for damage caused by blatant 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 due care of a prudent businessperson for deviations in quality and quantity and to report obvious defects in writing within seven days of receipt of the goods. In the event of a breach of the duty to inspect and report, the assertion of warranty claims, claims for damages, and challenges on the grounds of error are excluded.

The warranty period in B2B transactions is six months in all cases. There is no subsequent limitation period. Section 924 of the Austrian Civil Code (ABGB) is excluded for B2B transactions, meaning the Customer must always prove that the defect was already present at the time of handover.

In the B2B sector, 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 based on the Product Liability Act (PHG) against FEUERWASSER are excluded. Customers waive all rights against FEUERWASSER that accrue to them under Section 12 of the PHG. If the Customer passes on products, they are obliged to transfer this waiver in full to their purchasers, including this transfer obligation as an obligation of all subsequent purchasers. This transfer obligation also exists if the Customer or a subsequent purchaser uses the products of FEUERWASSER to manufacture other products and puts these other products into circulation.

Business Customers are not entitled to contest the contract on the grounds of mistake (error) or reduction by more than half (laesio enormis).

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

8. Right of Withdrawal / Cancellation

The consumer Customer has the right to withdraw from a contract concluded via distance selling or off-premises according to the Distance and Off-Premises Contracts Act (FAGG) within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which the consumer or a third party named 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 their decision to withdraw from this contract by means of a clear but formless declaration (e.g., a letter sent by post or an email). The attached sample withdrawal form below may be used for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the withdrawal period has expired. The withdrawal should 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 received goods immediately, but no later than 14 days after the declaration of withdrawal. FEUERWASSER may withhold the refund until the goods have been received back.

The goods must be returned to the following address:

FEUERWASSER, Owner Martin Auer
Garanaser Straße 6
8541 Bad Schwanberg

The Customer bears the direct costs of returning the goods.

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 their seal was removed after delivery.

Any compensation for a loss in value of the goods must be paid – in accordance with the statutory provisions on the right of withdrawal – if the loss in value is due to handling the goods in a manner that was not necessary for examining their nature, characteristics, and functioning.

9. 60-Day Satisfaction Guarantee

Independently of the statutory 14-day right of withdrawal under the FAGG, FEUERWASSER offers a voluntary 60-day satisfaction guarantee. Within 60 days of receiving the goods, the goods can be returned under the same conditions and return requirements as with the statutory right of withdrawal.

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

After the statutory 14-day withdrawal period has expired, a short written notification (e.g., by email) is sufficient to claim the 60-day satisfaction guarantee.

10. 5-Year Guarantee on Stainless Steel Components

Guarantor

The guarantee is provided by Feuerwasser (hereinafter referred to as the "Manufacturer").

Guarantee Period

In addition to the statutory warranty of 2 years, the Manufacturer grants a voluntary manufacturer's guarantee totaling 5 years from the date of purchase.
The guarantee begins with the invoice date.

This guarantee applies without prejudice to mandatory statutory warranty rights and does not restrict them.

Scope of the Guarantee (What is covered?)

The extended manufacturer's guarantee exclusively covers the structural longevity and material quality of the stainless steel core components.
Covered are:

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

The Manufacturer guarantees the structural integrity and resistance to rust-through of these components under proper intended use.

In the event of a guarantee claim, the Manufacturer may, at its discretion, provide:

• Repair,
• Replacement of individual components,
• Replacement delivery, or
• Price reduction.

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

Guarantee Exclusions (What is not covered?)

The 5-year guarantee applies exclusively to stainless steel components. Specifically excluded are:

• Wear and tear parts (e.g., seals, wooden elements, valves, ...)
• Surface changes caused by normal thermal stress (e.g., tempering colors/heat discoloration, patina, discoloration)
• Optical changes that do not affect function
• Damage caused by improper assembly, use, or storage
• Damage caused by chemical cleaning agents or aggressive substances (e.g., chlorine-based cleaners or the use of chlorine or other substances to extend water life)
• Damage caused by flash rust (e.g., rust transfer from ferrous objects)
• Damage caused by external mechanical impact (e.g., impact, fall, transport by third parties)
• Damage caused by force majeure (e.g., flood, storm, lightning)
• Corrosion due to salty ambient air or permanent moisture with lack of maintenance
• Corrosion from salt water
• Modifications or repairs by unauthorized third parties

Requirements for the Guarantee

Prerequisites for making a claim under the guarantee are:

• Proper use in accordance with the instruction manual
• Proper care and cleaning
• No unauthorized modification or technical alteration
• Presentation of the invoice

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

Guarantee Processing

A guarantee claim must be reported immediately in writing (by email), enclosing:

• Invoice
• Meaningful photos
• 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 guarantee claim will be settled after individual review. If the guarantee claim is justified, the Manufacturer will bear the transport costs.

Spatial Scope

The guarantee is valid within the European Union and Switzerland.

In the Event of Cessation of Business Activities

This guarantee is a voluntary commitment by the Manufacturer. The guarantee claim expires in the event of the final cessation of business operations or the liquidation of the Manufacturer, provided no legal successor assumes the obligations arising from this guarantee. In this case, there is no claim against third parties or shareholders.

11. Data Protection

Provisions regarding data protection are contained in the Privacy Policy.

FEUERWASSER points out that customer data may be processed for promotional purposes based on legitimate interests (Art 6 Para 1 lit f GDPR). The Customer can object to this form of data processing at any time (Art 21 Para 2 GDPR).

The Customer gives their consent that the personal data contained in the contract may be stored and processed via automated means by FEUERWASSER in fulfillment of this contract. The Customer is obliged to notify any changes to their residential address as long as the contract has not been completely fulfilled by both parties. If such notification is omitted, declarations and deliveries shall be deemed to have been received even if they are sent to the last known address.

12. Place of Performance, Contract Language, Governing Law, and Jurisdiction

The place of performance is the registered office of FEUERWASSER.

The language of the contract is German.

Austrian jurisdiction is taken as the basis and agreed upon. If the transaction is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of FEUERWASSER shall have exclusive local jurisdiction to decide all disputes arising from the contract.

This contract is exclusively subject to Austrian substantive law, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

13. Information on Out-of-Court Dispute Resolution

We draw attention to the fact that the Consumer Arbitration Board is established as a general arbitration board for alternative dispute resolution. Participation in the arbitration procedure is voluntary.

Consumers can conduct arbitration proceedings regarding disputes arising from online legal transactions via the platform for online dispute resolution. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

14. Final Provisions, Intellectual Property

All legal declarations, amendments, supplements, side agreements, etc. relating to this contract and the associated transactions must be in writing to be valid. Any waiver of the requirement for written form must also be in writing.

Documents such as brochures, catalogs, sketches, plans, cost estimates, and similar items remain the intellectual property of FEUERWASSER. Any use, in particular sharing, duplicating, publishing, and providing – including copying even in excerpts – requires the express consent of FEUERWASSER.

All the aforementioned documents can be reclaimed by FEUERWASSER at any time and must in any case be returned to FEUERWASSER immediately and unprompted if the contract is not concluded.

Furthermore, the Customer commits to maintaining the confidentiality of the knowledge obtained from the business relationship towards 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 remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision. If a Customer invokes the inclusion of their own GTC during the conclusion of the contract, the respective provisions of FEUERWASSER's GTC shall form the content of the contract in the event that these conflict with FEUERWASSER's GTC.