Terms and Conditions – Austria

Öllinger E. Trading company & agency
Sportplatz Street 33, A-4112 Sankt Gotthard im Mühlkreis

Mobile: +43 (0)664 / 420 400 2
Phone: +43 (0)7234 / 87 0 41

hereinafter referred to as exmonte Austria called.

1. Scope

For all mutual claims arising from and in connection with the conclusion of a contract between the customer and exmonte Austria in the mail order business, these General Terms and Conditions shall always apply in the version valid at the time of the respective conclusion of the contract.

2. Customers

exmonte Austria concludes contracts with customers who

a) natural persons with full legal capacity who have reached the age of 18, as well as

b) legal entities,

each with their place of residence or registered office in Austria, a member state of the European Union or Switzerland, and third countries.

If an offer (order) from a non-accepted customer has been accidentally accepted by exmonte Austria, exmonte Austria is entitled to declare its withdrawal from the contract to the customer within a reasonable period of time.

3. Conclusion of contract

3.1
The contract is concluded upon acceptance of the customer's order by exmonte Austria. The customer will be informed of the conclusion of the contract by exmonte Austria by means of a confirmation, which is equivalent to a declaration of acceptance. If the customer places an order via the Internet, exmonte Austria will immediately confirm receipt of the order electronically.

Should exmonte Austria subsequently discover that an error has crept into exmonte Austria's information, e.g., regarding a product, price, or availability, exmonte Austria will inform the customer immediately. The customer can then confirm the order under the amended conditions. Otherwise, the contract shall be deemed not to have been concluded. Any consideration already provided will be refunded immediately.

3.2
The order refers to the quantities agreed with the respective customer.

3.3
If a product is not available at the time of conclusion of the contract, exmonte Austria will inform the customer immediately of the unavailability of the product. Any consideration already paid will be refunded immediately.

4. Right of withdrawal

4.1
The customer has the right to withdraw from the contract within two weeks of receiving the goods. The withdrawal does not need to include a reason and must be declared to exmonte Austria in writing (letter or email) or by returning the product; timely dispatch is sufficient to meet the deadline.

The revocation must be sent to:
Öllinger E. Trading company & agency
33 Sportplatz Street
A-4112 Sankt Gotthard in Mühlkreis

4.2
The customer is obliged to return the goods when exercising their right of withdrawal. The costs of the return shipment shall be borne by the customer (when exercising the right of withdrawal), unless the goods delivered do not correspond to the goods ordered.

4.3
The customer must compensate for any deterioration in value caused by the intended use of the goods. The customer may examine the delivered goods carefully and cautiously. The customer shall bear any loss in value resulting from use beyond the scope of examination, which means that the goods can no longer be sold as “new.”

End of the cancellation policy

5. Availability reservation:

If, after conclusion of the contract, exmonte Austria determines that the ordered goods or services are no longer available from exmonte Austria or cannot be delivered for legal reasons, exmonte Austria may either offer goods or services of equivalent quality and price or withdraw from the contract. exmonte Austria will refund any payments already received to the customer immediately after withdrawing from the contract.

6. Delivery

6.1
exmonte Austria bears the entire risk for damage or loss of goods during transport to the customer. In the event of incomplete delivery or damage during transport, exmonte Austria must be notified within 24 hours of receipt of the goods in order to assert claims.

6.2
Packaging, shipping route, and shipping method are at our discretion. We reserve the right to make partial deliveries.

7. Remuneration

7.1
The prices quoted on the website are final prices and include the VAT applicable on the date of invoicing.

7.2
Deliveries to end customers: Within Austria and Germany, these are free of shipping costs for orders over €79.00. For other EU countries, shipping costs are waived for orders over €189.00. If shipping costs are incurred, exmonte Austria endeavors to ship at the most favorable shipping costs for the customer. Deliveries to business customers (B2B) are subject to the delivery terms and conditions of the respective customer.

7.3
Shipping is subject to advance payment or purchase on account (by agreement) for end customers (B2C). The price of the goods and shipping costs are combined in one invoice. Invoicing for business customers (B2B) is subject to the payment agreements of the respective customer.

7.4
The customer shall only be entitled to offset claims if they have been legally established or recognized by exmonte Austria.

The customer may only exercise his right of retention if his counterclaim is based on the same contractual relationship.

8. Retention of title

exmonte Austria retains ownership of all goods delivered to a customer until final and complete payment has been received.

9. Warranty

9.1
In the event of a defect, the customer may, at their discretion, demand that the defect be remedied or that a defect-free item be delivered. exmonte Austria may refuse the type of subsequent performance chosen by the buyer if this is only possible at disproportionately high costs and the other type of subsequent performance does not entail any significant disadvantages for the customer.

9.2
The customer has two months from the date on which the non-contractual condition of the goods was discovered to notify exmonte Austria in writing of any obvious defects. If the customer fails to report these defects, the warranty rights expire two months after the defect was discovered. The burden of proof for the date on which the defect was discovered lies with the customer.

10. Limitation of liability

Claims for damages due to defects in the item are excluded, unless exmonte Austria fraudulently concealed the defects or culpably caused damage to life, health, or body.

11. Data protection

11.1
The customer address is stored in our IT system for fast and error-free processing. The data provided is handled in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Protection Act.

11.2
exmonte Austria does not disclose customer data to other companies for the purpose of sending information material. exmonte Austria reserves the right to use customer data for its own advertising purposes (newsletter). If the customer does not agree to this, they are entitled to notify us of this by sending a short informal message.

11.3
exmonte Austria will not use or disclose customer data beyond the scope specified in sections 11.1 and 11.2.

12. Final provisions

12.1
The law of the Republic of Austria applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

12.2
The exclusive place of jurisdiction is A – 4020 Linz or another legal place of jurisdiction at the discretion of exmonte Austria, provided that the customer is a merchant within the meaning of the Commercial Code or a public corporation.

12.3
Should individual provisions of this contract be wholly or partially invalid or subsequently lose their legal validity, this shall not affect the validity of the remainder of the contract. In this case, the parties undertake to agree on a valid provision to replace the invalid provision which, as far as legally possible, comes closest to the economic purpose pursued by the invalid provision, taking into account the interests of the parties as expressed in this contract.