Terms (AGB)

§ 1 Conclusion of contract – Scope

Between the operator of www.skirent-obertauern.at, Lürzer Obertauern GmbH & Co KG, FN 31081h, with its registered office at 5562 Obertauern, Römerstraße 75 (hereinafter: Lürzer Obertauern GmbH & Co KG) and the purchaser (customer), the following general terms and conditions (GTC) in the version valid at the time of the respective contract apply to business relating to the sale of goods of any kind:

The GTC apply to both consumers and businesses unless a clause draws a distinction. The GTC apply exclusively. Lürzer Obertauern GmbH & Co KG does not accept conflicting terms and hereby objects to them. If the purchaser is a business with terms that conflict with or deviate from these GTC, Lürzer Obertauern GmbH & Co KG does not accept those terms and hereby objects to them, unless Lürzer Obertauern GmbH & Co KG has agreed in writing to their application.

§ 2 Contracting party

Any natural or legal person may become a contracting party and is hereinafter referred to as purchaser or customer.

§ 3 Offer – Acceptance – Conclusion of contract

Products displayed in the online shop do not yet constitute an offer. The purchaser submits a contractual offer (order). An order placed electronically (via the internet), in writing or by telephone is a legally binding offer. Receipt of orders is confirmed immediately, i.e. usually on the same working day, electronically and automatically. The acknowledgement of receipt itself is not acceptance of the order. Acceptance takes place by email or by dispatch. Orders are accepted or declined within a reasonable and customary processing period in which stock and creditworthiness can be checked. Where a credit check is carried out, the acceptance period must not exceed two weeks. As a rule only household quantities are supplied to customers. Larger orders are possible only by individual written agreement.

§ 4 Prices – Payment – Default

Stated prices are in EUR and include the statutory Austrian VAT shown separately on the invoice. The prices of the respective order day apply. Delivery is by carriers chosen by Lürzer Obertauern GmbH & Co KG. Shipping within Austria is a flat EUR 6.00. For orders exceeding EUR 100.00 including VAT, shipping within Austria is free. Cash-on-delivery orders incur additional COD charges payable by the customer per delivery, regardless of order value. For shipments to other EU member states and third countries, see the shipping-cost table. For deliveries outside the European Union, taxes and duties are borne by the purchaser.

Shipping costs, COD charges, taxes and duties cannot be refunded. No transport insurance is taken out. Postal parcels are automatically insured up to a goods value of EUR 1,500.00 including VAT. Accepted payment methods are prepayment, cash on delivery, online banking and credit cards only. The purchaser’s account/credit card is charged upon acceptance of the order. Payment on invoice is possible only by prior written agreement. Where there is cause, Lürzer Obertauern GmbH & Co KG may check and assess the purchaser’s data and exchange data with a business-information service. If a purchaser is in default of payment, Lürzer Obertauern GmbH & Co KG may claim default interest of 5 % above the base rate per year. If a higher default loss is proven, that loss may be claimed. The purchaser may set off only if counterclaims have been finally established, acknowledged by Lürzer Obertauern GmbH & Co KG, or arise from the same legal relationship.

§ 5 Delivery and duty to notify defects

Delivery times are non-binding unless a delivery date has exceptionally been promised as binding. If in that case failure to meet or delay of an agreed delivery time is due to force majeure, industrial action, fire, unforeseen obstacles or other circumstances not attributable to Lürzer Obertauern GmbH & Co KG, the delivery period is extended for the duration of those events. Lürzer Obertauern GmbH & Co KG may make partial deliveries if part of the ordered goods is temporarily unavailable. Additional shipping costs are borne by Lürzer Obertauern GmbH & Co KG. If the purchaser is in default of acceptance, Lürzer Obertauern GmbH & Co KG may claim resulting damages, the purchaser remaining entitled to prove a lower loss. While the purchaser is in arrears with an obligation, the delivery duty of Lürzer Obertauern GmbH & Co KG is suspended.

§ 6 Warranty for defects

Subject to the following provisions, Lürzer Obertauern GmbH & Co KG warrants for the statutory warranty period that deliveries and services are free from defects in the warranty-law sense. The purchaser must describe product defects as precisely as possible and return the product. A copy of the purchase invoice/delivery note must be enclosed with the returned goods. Defects in faulty items are primarily remedied by replacement. The warranty does not cover defects and damage causally connected with the purchaser’s failure to observe instructions on repair, use and operating conditions, unless those circumstances were not causal for the reported defect. Equipment not purchased from Lürzer Obertauern GmbH & Co KG is returned unrepaired with the resulting costs charged.

§ 7 Liability for damages

Liability of Lürzer Obertauern GmbH & Co KG for contractual breaches and in tort is limited to intent and gross negligence. Where liability for damage not based on injury to life, body or health of the customer is not excluded for slight negligence, such claims become time-barred within one year from the date the claim arises. Where liability for damages towards Lürzer Obertauern GmbH & Co KG is excluded or limited, this also applies to the personal liability of employees, workers, staff, representatives and vicarious agents of Lürzer Obertauern GmbH & Co KG. Within this framework Lürzer Obertauern GmbH & Co KG is in particular not liable for non-product-specific information and tips offered free of charge, or for hyperlinks pointing to third-party offers.

§ 8 Reservation of availability

Unavailable items are marked as such on the internet or taken offline (not visible). Lürzer Obertauern GmbH & Co KG may withdraw from the contract vis-à-vis purchasers if, despite a prior purchase contract, it does not receive the delivery item. The purchaser will be informed of the failed self-supply immediately and, in the event of withdrawal, will promptly receive back any consideration already paid. Vis-à-vis business purchasers, Lürzer Obertauern GmbH & Co KG may withdraw from the contract in the event of failed, incorrect or untimely self-supply.

§ 9 Right of withdrawal

Right of withdrawal

If the customer is a consumer, they may withdraw from their contractual declaration within 14 calendar days without giving reasons. The period begins on receipt of the goods. Sending the withdrawal in time is sufficient to meet the deadline.

To ensure the fastest possible handling, the purchaser should enclose a copy of the purchase invoice/delivery note and a detailed description of any defect with the return. Failure to do so has no legal consequences.

Consequences of withdrawal

In the event of a valid withdrawal, both parties must return the performances received. If the goods deteriorate, Lürzer Obertauern GmbH & Co KG may claim compensation for lost value. This does not apply if the deterioration is due solely to inspection of the kind that would have been possible in a shop. The customer can otherwise avoid a duty to compensate by not using the goods as an owner and by refraining from anything that impairs their value. The customer bears the cost of return if the goods delivered match the order and if the price of the item to be returned does not exceed EUR 1,500.00, or if, at a higher price, the customer has not yet paid the consideration or an agreed instalment at the time of withdrawal. Goods should be returned to Lürzer Obertauern GmbH & Co KG in the original packaging with all packaging parts if possible. If the original packaging no longer exists, suitable packaging must provide adequate protection against transport damage. Only for goods that cannot be sent as a parcel (e.g. bulky goods or parcels over 20 kg) may the customer also declare return by a request in text form, e.g. by letter, fax or email.

Exclusion: There is no right of withdrawal for contracts for products made to customer specification or clearly tailored to the customer’s personal needs.

§ 10 Retention of title

Delivered goods remain the property of Lürzer Obertauern GmbH & Co KG until paid in full.

§ 11 Inspection and notification duties

If the customer is a business, they must inspect the goods within a reasonable period after delivery and, if they show a defect, notify Lürzer Obertauern GmbH & Co KG without delay. If the customer fails to notify, the goods are deemed accepted. If a defect appears later, notification must be made within a reasonable period after discovery.

§ 12 Export

When exporting goods to recipients outside the Republic of Austria, Lürzer Obertauern GmbH & Co KG accepts no liability if delivered products infringe third-party industrial property rights. The buyer must compensate all damage caused by the export of goods that Lürzer Obertauern GmbH & Co KG did not expressly supply for export.

§ 13 Validity of the contract / Transferability

If one or more provisions of these GTC are invalid, this does not affect the validity of the remaining provisions. The customer may transfer rights under this contract only with the consent of Lürzer Obertauern GmbH & Co KG.

§ 14 Applicable law and place of jurisdiction

The law of the Republic of Austria applies. The UN Convention on Contracts for the International Sale of Goods (Uncitral) is excluded. In business with entrepreneurs, legal persons under public law or special funds under public law, the courts with local jurisdiction for 5562 Obertauern are agreed.

§ 15 Data-protection statement

To perform the business relationship, Lürzer Obertauern GmbH & Co KG stores personal data electronically and, solely for that purpose, necessarily passes them to third parties (e.g. postal services, legal advisers of Lürzer Obertauern GmbH & Co KG). The customer may at any time object to the passing-on of data. Lürzer Obertauern GmbH & Co KG stores the order data and sends them together with these GTC to the purchaser by email. The GTC can be viewed at any time at www.skirent-obertauern.at. If the purchaser has created an account with Lürzer Obertauern GmbH & Co KG, the order data can be viewed in the customer login area. If the purchaser chose “shop without registering”, the order data are not accessible via the internet. Cookies or active content are used on www.skirent-obertauern.at.