Contractual conditions in the context of purchase contracts via the platform https://www.klomfar.at
between
Editor:
Klomfar GmbH
Naglergasse 25
A-1010 Vienna
Commercial register number: FN 434408 k
Commercial Register Court: Commercial Court Vienna
UID: ATU 69612127
Member of the Austrian Federal Economic Chamber
Responsible for the content: Klomfar GmbH
Telephone: +43 1 533 12 09 0
E-Mail: martin@klomfar.at
– hereinafter referred to as “provider” –
and
the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customer”.
The following terms and conditions apply exclusively in their version valid at the time of the order for the business relationship between the provider and the customer. Deviating terms and conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.
(1) The customer can select products from the assortment of the provider and collect these in a so-called shopping cart via the “Place in shopping cart” button. By clicking the “Buy now” button, the customer makes a binding request for the purchase of the goods in the shopping cart. Before sending the order, the customer can view and change the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject line “Confirmation of your order at KLOMFAR Badaccessoires” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The order of the customer (1) represents the offer to conclude a contract on the respective contents of the shopping cart. The acknowledgement of receipt (order confirmation) represents acceptance of the offer by the supplier. The order confirmation summarises the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved while ensuring data protection.
(3) The contract is concluded in the following languages: German.
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer of this immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The provider is also entitled to withdraw from the contract in this case. If the provider withdraws from the contract, it shall immediately reimburse any payments already made by the customer.
(3) The customer can make payment by Sofortüberweisung, Visa, MasterCard, advance payment by bank transfer.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default when the customer exceeds the due date.
Until the full payment of the purchase price, the delivered goods remain the property of the provider.
(1) All prices, which are indicated on the website of the provider are inclusive of the valid statutory value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise any right of withdrawal.
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. The warranty period for entrepreneurs for goods delivered by the supplier is 12 months.
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding in its remaining parts even in the event of legal ineffectiveness of individual points. The statutory provisions apply if available in place of the ineffective points. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
