General Terms & Conditions for Consumer Transactions with Ölmühle Fandler GmbH in the Web Shop

1. Validity

Unless agreed otherwise in writing, these General Terms and Conditions shall apply to deliveries of goods from Ölmühle Fandler GmbH that are to be made available for dispatch based on consumer orders (for the purpose of the KSchG Employment Protection Act).

Contract fulfilmentt (e.g.: delivery) does not constitute acceptance of terms & conditions that deviate from ours.

If there are any uncertainties in contract formulation, these are to be clarified so that all clauses are considered agreed which would otherwise be agreed on in comparable cases.

Warning! These terms & conditions become part of the contract effective at the time the order is submitted.

2. Conclusion of contract

Our offers are subject to alteration. A contract is concluded at the time of order submission and through our order confirmation or delivery.

The automatically sent confirmation of your order is for your information and verification and is not considered an order confirmation.

Upon review of the confirmation, detected deviations from your order are to be sent to us immediately in writing.

We reserve the right not to accept orders in full or partially. Should we refuse to accept an order, we will notify you immediately.

3. Price

Unless expressly noted otherwise, all stated prices are quoted in € (euro) and to be understood as inclusive of 10% VAT, exclusive of delivery charges and any additional services.

The prices stated in the internet are valid for online orders. Your order constitutes acceptance of the prices listed and shipping costs.

For deliveries outside of the European Union (EU), additional fees (export, import and tolls) may be incurred.

4. Terms of payment, Interest on late payments, Costs of reminders

The consumer agrees to pay the entire purchase price/wage at the time of contract conclusion. Payment is therefore effected by prepayment or by credit card. We accept: Visa, Mastercard and American Express.

Payments from foreign banks, within the EU, are not subject to additional fees if the following IBAN and SWIFT codes are entered for the transfer:

Our bank account in Austria:

Sparkasse Pöllau AG

Bank code: 20833, Account No.:21501

IBAN: AT962083300000021501

SWIFT/BIC:SPPLAT21

Interest will be added to delayed payments.

You will be charged for collection costs, reminders and out of court attorney's fees.

5. Contract Cancellation/Right to Return

If the customer is a consumer for the purpose of the KSchG (Employment Protection Act), he/she can rescind a contract closed with the remote paragraph law or a contract delivered with the remote paragraph law within seven working days (whereby Saturday does not count as a working day). For consumers in Germany we grant a period of 14 days beginning from the date the delivery is received. It is sufficient for the rescinding statement to be sent within the period and with no reason specified. Saturday does not count as a working day.

In the case of returned goods, a full or partial reimbursement of the purchase price will be effected as the goods are returned from the orderer.

The costs are risks for return shipping are borne by the customer.

The goods are to be returned in unused and resaleable condition and in their original packaging. Articles that appear used or have damaged packaging will be assessed by us with a lower value. The same applies when there are pieces or parts missing from the goods or the return shipping has not been paid.

6. Shipping Costs

Our sales prices do not include delivery costs. We will provide this service for a special fee. Weight-dependent shipping costs will be assessed according to the current, country specific shipping table.

Costs due will be automatically calculated and provided during the order process.

7. Delivery Period

We ship orders via the fastest method, by parcel service, post or shipping company - generally within a few days. We reserve the right to select the dispatch company. Please note that delivery time is dependent on the dispatch company, we have no control over it and therefore cannot guarantee a delivery date.

Please enter any hindrances (e.g. Not present on day of delivery, …) at the time of order.

8. Shipping damages, Complaints

The product(s) must be checked immediately after delivery. We are to be made aware of any damages and notified in writing of the type and extent of the damage immediately - within at least 3 working days after detection. Concealed damage is to be reported immediately. Apparent damage/faults are to be noted on the delivery note, only then can we ensure replacement free of charge.

It is quicker if you reach us by telephone (+43.3335.2263), fax (+43.3335.2263-5) or e-mail (info@fandler.at). Our customer representatives (Isabella Fischer and Roswitha Romirer) will be happy to assist you with your inquiry.

9. Damages, Product Liability

All claims for damages are void in the event of simple negligence. This does not apply to personal injury or damages to the handling of received goods. According to § 12 of the Product Liability Law, demands for recourse are excluded, unless the beneficiaries of the recourse can prove that the fault is caused in our sphere and that gross negligence has been caused.

10. Reservation of Proprietary Rights

All goods remain our property until full payment has been received. A resale is only permitted when we are informed prior, with the name, company and exact business address of the purchaser and we agree to the sale. In the case of our agreement, the purchase price requirement is considered assigned and we reserve the right to inform the third party of this assignment.

11. Place of Performance, Choice of Law

The place where the contract is fulfilled is our company headquarters at Prätis 1, 8225 Pöllau, Austria.

Austrian law shall prevail. Application of the UN Contracts for the International Sale of Goods (CISG) is explicitly excluded. The contract language is German.

12. Data Protection/Storage of Contract Text

For processing and fulfilment of your order, we store your address and order-related information (surname, given name, street, house no., postal code, city, email address and telephone/fax numbers). We are committed to the protection of your personal data according to the regulation of data protection laws. In addition, we assure you that we will not forward your data to third parties and use it only for logistical purposes and our own marketing purposes.

The respective order will be stored and can only be viewed/retrieved by the registered customer. However, the order data may be printed immediately after the order is submitted.