for orders and deliveries made to end consumers via the Felbermayr Webshop
1. Scope of validity
The following terms form the exclusive basis for offers and deliveries made by Felbermayr Holding GmbH, Voralpenstraße 4, 4600 Wels (hereinafter referred to as Felbermayr).
2. Offer, conclusion of contract, supply reservation
2.1 Felbermayr’s websites merely represent an invitation to customers to submit a quote. With their order, the customers submit a binding offer. The order is deemed rejected should the customer not receive at least partial delivery within four weeks.
2.2 A contract is concluded when the goods or parts of the goods are initially dispatched.
2.3 Felbermayr is permitted to perform partial deliveries.
3. Right to revoke
3.1 Customers can revoke the conclusion of contract without having to state reasons within two weeks. The period starts on the day of goods receipt by the customer. To honour the period, the timely dispatch of the revocation or goods to the following address is sufficient:
Felbermayr Holding GmbH
attn. Marketing Department
Voralpenstraße 4
4600 Wels
Austria
E-Mail address: shop@felbermayr.cc
3.2 Should a customer revoke the contract, they are obliged to return the goods. For reasons of speeding up processing, the invoice (copy) has to be attached. The customer is responsible for the costs of returning the goods unless the goods delivered deviated from the goods ordered.
3.3 The right to revoke does not include sealed products such as audio and video recordings as well as software if it has been unsealed by the customer.
3.4 Goods need to be returned unused and in an as-new condition / one that allows them to be resold and in their original packing.
4. Prices, shipping costs, terms of payment
4.1 The prices stated on the Felbermayr websites include the statutory value-added-tax. They become binding once Felbermayr has dispatched at least part of the goods.
4.2 Prices do not include shipping. The respective costs are stated during the ordering process and prior to placing the order.
4.3 Prepayment is accepted.
5. Delivery, transfer of risks, minimum order value
5.1 Deliveries are made ex warehouse at the expense and risk of the customer.
5.2 Risks are transferred to the customer upon handover of the goods by the transport company or upon acceptance.
5.3 There is no minimum order value.
6. Warranty
6.1 Defective products are to be sent to the address stated under item 7. An original receipt (copy) needs to be attached.
6.2 In the even to of a warranty claim, the products are rectified by Felbermayr at its own discretion, replaced or the purchase price is reimbursed. In the event that Felbermayr is not willing or able to rectify the defect/replace the product/reimburse the purchase price, the respective period is extended beyond suitable periods for reasons for which Felbermayr is responsible. Should this fail for other reasons, the customer is permitted, at their own discretion, to demand annulment of the purchase (redhibition) or appropriate reduction of the purchase price (reduction).
7. Contact
Questions or complaints can be sent to the following address:
Felbermayr Holding GmbH, Voralpenstraße 4, 4600 Wels or via e-mail to shop@felbermayr.cc
8. Liability
8.1 Claims for damages against Felbermayr shall be excluded independently of their legal ground, unless Felbermayr has acted intentionally or grossly negligent.
8.2 Insofar as grounds for liability on the part of Felbermayr exist, the damage claim shall be limited to the extent of the foreseeable damage.
8.3 Damage claims are limited to a period of six months from delivery. This shall not apply for claims arising from impermissible conduct.
8.4 The above liability limitation shall not apply if the claims result from product liability law.
8.5 Insofar as the liability is excluded or limited, this shall also apply to the personal liability of the employees, contractual representatives, agents and mandataries of Felbermayr.
9. Place of performance, place of jurisdiction
9.1 Wels is the only place of performance and place of jurisdiction. In addition, Felbermayr shall be entitled to sue the customer at any other place at which there shall be another place of jurisdiction.
9.2 The summoning address of Felbermayr can be inferred from item 7.
10. Applicable law, validity, written form
10.1 Austrian law applies.
10.2 The contract language is German.
10.3 If individual provisions of the contract should be or become invalid, the validity of the remaining provisions shall not be affected thereby. In case of such invalidity, the parties shall agree to a valid and legally effective replacement provision that most closely resembles the invalid one in the most economic way. This shall also apply if the contract shows omissions.
10.4 Verbal ancillary agreements are deemed not to exist. Changes and additions to the conditions contained in these terms require the written form in order to become effective.