GENERAL TERMS AND CONDITIONS
OF THE ONLINESHOP martin-wieland-arts.com

1. general

All services provided by the online store for the customer are provided exclusively on the basis of the following General Terms and Conditions. Deviating regulations are only valid if they have been agreed in writing between the online store and the customer.

2. conclusion of contract

Only persons who have reached the age of 18 and are not restricted in their legal capacity at the time the contract is concluded are entitled to conclude a contract with the online store. The online store’s offers on the Internet are a non-binding offer to the customer to order goods from the online store. By ordering goods from the online store on the Internet, the customer implicitly submits a binding offer to conclude a purchase contract. The online store is entitled to accept this offer within 5 calendar days by sending an order confirmation. The order confirmation shall be sent by email, but at the latest upon delivery of the goods. If the 5-day period expires without a response, the offer is deemed to have been rejected.

3. delivery times

All items will be delivered immediately if available from stock and only while stocks last. Delivery only takes place within Austria. The delivery time is usually 4-5 working days and begins with the dispatch of the order confirmation. The delivery time is not binding unless otherwise agreed in writing. If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided we have your address. In the event of delays in delivery, e.g. due to force majeure, traffic disruptions and orders from higher authorities as well as other events for which the online store is not responsible, no claims for damages can be asserted against the online store. If the delivery is delayed and not made due to the fault of upstream suppliers (impossibility), the online store is not responsible for this.

4. shipping

The shipping costs vary depending on the weight of the products and the destination. Express deliveries can also be made at the customer’s request. Any additional costs incurred shall be borne by the customer. Transport insurance shall be taken out at the customer’s expense. Transport damage must be reported to the deliverer immediately.

5 Prices and payment

5.1 All prices quoted are final prices which include the statutory value added tax of currently 20%. 5.2 The final prices do not include the costs for packaging and shipping. 5.3 Due to the constant updating of the Internet pages of the online store, information provided at an earlier date regarding the price and quality of the goods is no longer valid. Errors and misprints excepted. 5.4 The price shown at the time of the customer’s offer is decisive for invoicing. 5.5 Payment for the goods shall be made either in advance, via Paypal or on account. Exceptions are only valid if they have been agreed in writing between the online store and the customer. 5.6 The customer is obliged to pay the invoice amount promptly after receipt of the goods. 5.7 If the customer has not fulfilled his payment obligation after expiry of the period specified in paragraph 6, the online store reserves the right to charge the customer additional reminder and processing fees arising from this. 5.8 If the customer defaults on payment, the online store is entitled to charge interest on arrears at the statutory rate. The right of the online store to assert any further claims for damages remains unaffected by this.

6. reservation of title

The ordered goods remain the property of the online store until full payment has been made (retention of title). If the customer defaults on payment, the online store is entitled to take back the goods. This does not constitute a withdrawal from the contract, unless this is expressly declared.

7. warranty

7.1 The customer’s claims against the online store arising from a defect in the goods shall be governed by the statutory provisions. 7.2 The customer undertakes to inspect the goods for any defects upon receipt and to inform the online store immediately if such defects are discovered. Should the customer discover at a later date that the goods are defective, he is obliged to inform the online store immediately upon discovery. If the customer fails to report a defect, the goods shall be deemed approved. 7.3 Defects in the goods do not include damage caused by the customer through improper handling or handling contrary to the contract. The information provided by the manufacturer of the goods shall be decisive for the improper and non-contractual nature of the goods. 7.4 The warranty period is two years. It shall commence upon receipt of the goods. 7.5 The warranty expires in any case in the event of interventions, repairs or attempted repairs by the buyer or unauthorized third parties.

8. limitation of liability

Unless otherwise stated below, any further claims by the customer, regardless of the legal grounds, are excluded. The online store is therefore not liable for damages that have not occurred to the delivery item itself; in particular, the online store is not liable for the customer’s loss of profit or other financial losses. Insofar as the contractual liability of the online store is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it shall not apply if the customer asserts claims regulated by law. The provisions of the Product Liability Act remain unaffected by this. If the online store negligently violates an essential contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage. If the supplementary performance is carried out by means of a replacement delivery, the customer is obliged to return the goods first delivered to the online store within 30 days at the online store’s expense. The defective goods must be returned in accordance with the statutory provisions. The online store reserves the right to claim damages under the statutory conditions. The limitation period is two years. The period begins with the delivery of the goods.

9. data protection

The customer agrees that his personal data received by the online store in the course of the business relationship may be stored and processed electronically. It is pointed out that data collected in accordance with this provision is collected and processed exclusively for the purpose of providing services, in particular for the purpose of order processing and accounting. The online store does not pass on customer data to third parties.

10. copyright

All third-party logos, images and graphics are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.

11. place of jurisdiction: Neunkirchen

11.1 Unless otherwise provided by law, the place of jurisdiction is the registered office of the online store. 11.2 Austrian law shall apply to all disputes that may arise from this legal relationship, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

12. right of withdrawal

Here you can find our explanation of the Right of withdrawal

12 Validity of the GTC

By placing an order, the customer accepts the General Terms and Conditions of the online store. Should any provision of these General Terms and Conditions be invalid for any reason whatsoever, the validity of the remaining provisions shall remain unaffected. Verbal agreements must be confirmed in writing to be valid.

During our business hours you can also reach us on 02635/62637.