§ 1 Scope of application

(1) The following terms and conditions are an integral part of every contract between KMV Irschen, Irschen 19a, 9773 Irschen (hereinafter referred to as the SELLER) and the customer.

(2) The SELLER shall offer products for sale via its online shop. The SELLER provides its services exclusively on the basis of these terms and conditions.

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§ 2 Conclusion of contract / language of contract

(1) The presentation of the goods, in particular on the Internet, does not constitute a binding offer by the SELLER.

(2) The customer can select from the offer as desired and place goods in the shopping basket by means of a link "Add to shopping basket". The customer can empty the shopping cart at any time by setting the number of selected products to "0". The changes can be made using the mouse and keyboard. By clicking the button "TO CHECKOUT" the customer is forwarded to a page where he can register as a customer if he does not have any access data yet or log in as an existing customer. For this purpose, a user name and password as well as the contact data are entered. After registration and confirmation of the delivery address and verification of the order, the ordering process is completed by pressing the button "Continue to next step". The receipt of the order is displayed to the customer immediately after completion of the order process. We store your order and the order data entered by you.

(3) The customer will be informed about the receipt of the order by email. This is not a binding acceptance of the order. The contract is only concluded with the dispatch of a separate delivery confirmation by e-mail or with the dispatch of the goods.

(4) A contract is only possible with consumers but not with entrepreneurs who purchase the goods for the purpose of resale.

(5) The language used for the conclusion and execution of this contract is German.

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§ 3 Data protection declaration

(1) The data protection declaration of the SELLER can be found below.

(2) By filling out and submitting a web form for ordering purposes, the customer transmits personal data to the SELLER.

(3) The SELLER uses the personal data transmitted by the interested party (e.g. title, name, address, e-mail address, telephone number, fax number, Paypal data) in accordance with the provisions of German data protection law for the purpose of billing and performance of the contract. In this respect, the SELLER only collects, stores and processes data provided by the customer in the context of his/her entries in the form and, in particular, does not create any user behaviour profiles. The SELLER uses cookies in order to be able to allocate enquiries and requests of the interested party.

(4) For the purpose of the fulfilment of the contract, namely the delivery, the personal data of the customer will be forwarded to the forwarder as far as this is necessary for the delivery of the goods. The forwarder is also obliged to use the customer's personal data exclusively in accordance with the provisions of German data protection law.

(5) At the e-mail address info@irschen.com, the customer is entitled at any time to request the modification, blocking or deletion of his data and to object to the use of his data for direct marketing or advertising purposes.

(6) Beyond the aforementioned data protection declaration, all personal data of the customer transmitted to the SELLER will not be made accessible to third parties without the customer's separate written consent, unless this has to be done due to legal or official orders.

(7) With the complete execution of the contract, which also includes the complete payment of the agreed fees, the data of the customer, which must be kept for legal reasons, shall be blocked with the exception of the data for which consent for further use has been given. This data is no longer available for further use.

(8) The customer is also entitled to request the modification, blocking or deletion of his data at any time.

(9) If the customer wishes further information about the storage of his personal data or if the deletion, blocking or modification of the data of the interested party is desired, a support is available under the e-mail address mentioned in paragraph (5) or the postal address mentioned in paragraph (1).

(10) This privacy policy can be viewed and accessed at any time on the SELLER's website.

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§ 4 Terms of delivery

(1) Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the customer after receipt of payment. The goods will be dispatched between 1 and 3 working days after receipt of payment.

(2) If the SELLER incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, these costs shall be reimbursed by the customer, unless he is not responsible for the incorrect information.

 

§ 5 Shipment / Shipping costs

(1) The SELLER delivers in Austria and EU countries.

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§ 6 Terms of payment

(1) The purchase price is due immediately upon conclusion of the contract.

(2) All prices are to be understood as end customer prices including the statutory value added tax but excluding shipping costs.

(3) In the event of late payment, the customer is obliged to pay interest on arrears at a rate of 5 percentage points above the base interest rate to the SELLER if he is a consumer (§ 13 BGB).

 

(4) Irrespective of § 6 (3), the SELLER shall be at liberty to prove higher damages caused by default as well as other damages.(5) The customer is only entitled to offset if the counterclaims are undisputed or have been legally established.

 

§ 7 Retention of title

The goods remain the property of the SELLER until full payment has been made.

 

§ 8 Warranty

With regard to the warranty, the statutory provisions shall apply.

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§ 9 Cancellation policy

Right of withdrawal

You may revoke your contractual declaration within 7 days without stating reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations pursuant to § 312g para.1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period.

 

The revocation is to be sent to:KMV Irschen
Irschen 19a
9773 Irschen

 

info@irschen.com

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Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received goods and services or benefits (e.g. benefits of use), or are only able to return them in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the goods and for any benefits derived from the use of the goods if the use or deterioration is due to handling of the goods that goes beyond the examination of the characteristics and functioning of the goods. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned at our risk. You shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation or the item, for us with its receipt.

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§ 10 Cost-bearing agreement

If the customer makes use of his right of revocation, he shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of € 40.00 or if, in the case of a higher price of the goods, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for the customer.

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§ 11 Limitation of liability

(1) With the exception of injury to life, body and health and the breach of essential contractual obligations (handover and transfer of ownership of the goods), the SELLER shall only be liable for damages which are attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages such as, in particular, loss of profit.

(2) Except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (handover and transfer of ownership of the goods), liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.

(3) The limitation of liability of paragraphs 1 and 2 shall also apply mutatis mutandis in favour of the Vendor's employees and vicarious agents.

(4) Claims for liability based on the Product Liability Act remain unaffected.

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§ 12 Final Provisions

(1) The law of the Federal Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Austria or moves his place of residence abroad after conclusion of the contract or his place of residence is not known at the time the action is brought, the place of jurisdiction shall be the registered office of the SELLER.

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Right of withdrawal

You may revoke your contractual declaration within 14 days without stating reasons in writing (e.g. letter, e-mail) or - if the goods are delivered to you before the expiry of the deadline - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our obligations pursuant to § 312g para. 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period.

The revocation is to be sent to:

KMV Irschen 
Irschen 19a
9773 Irschen
info@irschen.com

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Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received goods and services or benefits (e.g. benefits of use), or are only able to return them in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the goods and for any benefits derived from the use of the goods if the use or deterioration is due to handling of the goods that goes beyond the examination of the characteristics and functioning of the goods. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned at our risk. You shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation or the item, for us with its receipt.

 

 

Last updated 14 September 2023

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