1 Scope of Application and Provider
These General Terms and Conditions of Business shall apply to all orders placed by private individuals via the online shop operated by Schalk Mühle KG (Limited Partnership), Kalsdorf 18, A-8262 Ilz, Austria, FN 351931x (hereinafter referred to as “Webshop” or “Schalk Mühle”).
2 Conclusion of Contract
The offers on the Webshop shall be subject to change and non-binding unless they are expressly referred to as binding. By clicking on the “Buy” button at the end of the order process, you are making a binding offer to purchase. The order confirmation is of a purely informative nature and should be regarded as a summary of the details of the order.
Any objections by the customer regarding/due to deviations from his/her order must be made in writing immediately after receipt of the goods.
Schalk Mühle KG also reserves the right to refuse orders or to accept them only in part. Should we reject the order, we will contact you immediately.
All prices on our Webshop are quoted in EURO (€). These prices are final prices including 10% VAT. However, they do not include the respective delivery charges. Any additional fees (in particular customs, taxes and other charges) are not included in the overall price listed on the Webshop and are to be paid in full by the purchaser.
4 Delivery Charges
Our products will be dispatched via DPD, Hermes, “Österreichische Post” or another forwarding agent of our choice depending on the country of destination. Shipping costs are calculated according to the country of destination, and the size and/or weight of the box. During the course of the ordering process, the shipping costs incurred for Austria and Germany will be shown explicitly. The shipping costs for other countries are shown on our table of shipping costs.
5 Terms of Payment
Payment may either be effected in advance or via Paypal. Should you wish to pay in advance, our bank details (account number: IBAN and BIC) will be displayed during the ordering process. Furthermore, our bank details will also be shown on the order confirmation which will be sent to you automatically after you have completed the ordering process.
6 Terms of Delivery
Delivery of orders made via the Webshop are effected exclusively within Austria and to Germany. Deliveries to countries other than Austria and Germany are not excluded in principle, but can only be effected on prior request and are subject to specific conditions. The ordering process can be carried out as normal and the desired country of destination or method of payment (credit card, Paypal or advance payment) can be specified in “comments”. Shipping costs and shipping address will be immediately updated by Schalk Mühle KG and will be sent to the customer by email.
On receipt of payment, our products will be transferred to our forwarding company as soon as possible. Within Austria, your order should arrive within 1-3 days. The delivery time for Germany is 3-5 days. Please note that delivery time is also dependent on the respective forwarding company.
7a Delay in Delivery
Delivery times and delivery dates shall be adhered to as far as possible by Schalk Mühle KG. Unless a binding delivery time and delivery date has been agreed to, these shall be non-binding and shall always be regarded as an anticipated date of delivery and handover to the purchaser. Withdrawal from the contract by the customer due to delay in delivery is only possible after an appropriate extension period of at least two weeks has been granted. Withdrawal from the contract must be made by registered letter in order to become effective. The right of withdrawal applies only to the part of the delivery or part of the order to which the delay applies and which is behind schedule.
7b Default of Acceptance
Goods which the purchaser has not taken over/accepted will be stored for a period of 4 weeks at the risk and expense of the customer for which Schalk Mühle KG shall charge a storage fee of 2 EUROS per calendar day, or any part thereof. At the same time, Schalk Mühle KG is entitled either to insist on fulfilment of the contract, or, after granting an appropriate extension period, is entitled to withdraw from the contract and to realise the goods elsewhere. In this case a penalty for breach of contract of 20% of the invoice amount, excluding VAT, shall be deemed agreed.
8 Shipping Damages
The purchaser is obliged to inspect the goods for evident damages immediately on receipt thereof and to inform Schalk Mühle KG immediately by phone (+43/3385/312) of any damages within 3 days of delivery at the latest. Defects that are not immediately apparent must be reported to Schalk Mühle KG immediately after they have been detected.
9 Right of Withdrawal and Right to Return
If the customer is a consumer in the sense of the Consumer Protection Act (Konsumentenschutzgesetz), he/she may withdraw from a contract that was concluded by distance selling (Webshop) within a period of 7 working days. The period for exercising the right of withdrawal begins with receipt of delivery of the ordered goods, whereby Saturday does not count as a working day. Customers from Germany are entitled to a right to return of 14 days beginning with receipt of delivery in compliance with their statutory right to return. It is sufficient if the declaration of withdrawal is sent within the deadline without stating reasons. Saturday does not count as a working day.
In the case of a withdrawal from the contract, the customer shall only receive total or partial reimbursement of the purchase price if the goods received are returned concurrently. In the case of revocation and return, the costs and risks of the return shall be borne by the customer. The goods shall be returned in an unused and resaleable condition and in their original packaging. Items which show signs of use or whose packaging has been damaged will be assessed by us and we will retain adequate compensation for depreciation. The same applies if, when the goods are returned, accessories or parts are missing or if carriage is unpaid.
The customer is obliged to notify us of any defects immediately. This notification must be specific and in written form. The customer must furnish proof of any defects. § 924 ABGB (Austrian Civil Code) does not apply.
In the event of a warranty claim being made, Schalk Mühle KG is entitled to determine the type of warranty itself (improvement, exchange, price reduction, conversion).
10 Compensation for Damages
Claims for damages in the event of slight negligence are excluded. This does not apply to personal injury or damages to goods accepted for further processing, or any product liability claims. Schalk Mühle KG is not liable for incidental or indirect damages, loss of profit, loss of interest, savings that did not materialise, consequential damages and damages of a pecuniary nature, and damages resulting from third party claims.
11 Retention of Title
The goods shall remain the property of Schalk Mühle KG until the purchase price has been paid in full. In the event of default of payment by the customer, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of ownership does not represent the withdrawal from the contract unless we explicitly declare our withdrawal from the contract. For any resale of our products, written permission from Schalk Mühle KG must be obtained.
12 Place of Performance
The place for performance regarding our services is the headquarters of Schalk Mühle KG, Kalsdorf 18, A-8262 Ilz, Austria.
13 Place of Jurisdiction
For all disputes arising from contracts concluded under the terms of these General Terms and Conditions of Business, the court of jurisdiction shall be the Regional Court Graz, provided the customer is not a consumer, but a trader or a legal person/entity under public law.
14 Choice of Law
The contract is subject to the laws of the Republic of Austria under the exclusion of the UN Contracts for the International Sale of Goods (CISG). If the contracting party is a consumer, this choice of law shall only apply if any mandatory legal provisions of the country in which he/she is domiciled or habitually resident are thereby not restricted.
15 Further Provisions
15.1 Severability Clause
Should a particular provision of these General Terms and Conditions of Business be or become fully or partially invalid or unenforceable, this shall not affect the legal effectiveness or enforceability of all the other terms of business. The contracting parties shall be obliged to replace the invalid or impracticable provision with a valid or practicable provision that, where possible, comes as close as possible to the content and purpose of the invalid and impracticable provision.
15.2 Formal Requirements
Any changes, amendments or additions to the contract must be made in writing. This also applies to any changes or amendments to the requirement of the written form.
The registration procedure for Schalk Mühle’s newsletter is carried out automatically when an order is placed via the online shop. Insofar as the subscriber does not give any additional consent for further processing and use of his/her data in the course of the use of the newsletter, including his/her personal data, they shall exclusively be stored, processed and used electronically in machine-readable form by Schalk Mühle KG in order to send the newsletter. Schalk Mühle shall only store the data for as long as required or permitted by law.
The newsletter may be cancelled at any time by the subscriber via the button in the newsletter or by email to email@example.com
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.