General business terms:
The following general business terms structure the contractual relationship between Lena Spreitzhofer (“seller”) and the consumers or companies obtaining goods from her.
Derogations will not be accepted. The contract language is German.
Deliveries, goods, and services of the seller are subject to the general business terms.
Any deviating or additional agreements need to be in writing.
If any clauses in the general business terms are void it doesn’t change the bindingness of the other clauses. The void clause is to be replaced by a valid one that comes nearest to its original intention.
§2 contract closing
written quotations of the seller can only be accepted in short order, or within an agreed upon timeframe. subsidiary agreements need to be in writing.
the prices include valid VAT. additional services that exceed the original item (packaging, shipping, gift wrapping…) are to be paid separately.
§4 due date
the goods need to be paid fully in advance, at the latest seven days after receiving the invoice. The items will only be shipped after full payment is made.
every shipment is made at buyers risk and cost. there is no liability for unreadable, incomplete or wrong delivery addresses provided by the buyer.
§6 Warranty and liability
(1) the ordered items can slightly differ in color or structure to the items in the pictures
(2) if the delivered goods show any shortcomings the seller is entitled to either send a replacement or correct the item in question. if these options fail the buyer can claim a price reduction or withdraw from the contract.
(3) obvious shortcomings need to be reported in writing immediately, within a timeframe of 48 hours after delivery. They need to be made available to the seller in their deficient state. a violation of these obligations extricates the seller of any form of warranty. the reversal of the burden proof (³924 ABGB) is ruled out. towards buyers that are customers in the sense of KSchG legal warranty regulations become effective
(4) the seller won’t compensate if the care instructions were ignored
(5) damage claims due to the impossibility of performance, default, positive violation of a contract duty or tort are foreclosed as long as the damage hasn’t been caused deliberate or grossly negligent. the presence of gross negligence needs to be proven by the wronged party if it’s not a consumer.
§7 title retention
upon full payment, all goods remain property of the seller
§8 place of fulfillment
the place of fulfillment is the sellers place of business
phone: +43699 16032805