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General Terms and Conditions of Flammentopf e.U.

valid from 09.01.2016
 

1. Imprint

Our company named in the imprint runs the virtual shop "www.flammentopf.at". 

Company name: Flammentopf e.U. (registered business)
Owner: Mag. Christian Stauber, MSc
Address: Dr. Theodor Körner Gasse 4, 2201 Gerasdorf bei Wien, Austria
Phone: +43 (0)664 4927733
Fax: +43 (0)1 2533033-1180
Information, data information and complaints: info@flammentopf.at
Customer service: Monday to Friday from 9:00 to 17:00
Legal status: Sole Proprietorship
Company registration number: 326922v
Commercial Registry: Regional Court Korneuburg
VAT number: ATU 64911714
EORI: ATEOS1000009773
Authority according to ECG: District authority Wien-Umgebung
Chamber membership: Member of WKO
Professional group: Furnishing trade
Company headquarters: Gerasdorf bei Wien 
Owner, publisher and editor: Flammentopf e.U., 2201 Gerasdorf bei Wien
CEO: Mag. Christian Stauber, MSc
Address, postal code, city: see address above
Statutory provisions: Trade regulations (www.ris.bka.gv.at)
Industry notation: Commerce
Company objectives: Trade with flame pots and accessories
Bank details:
Sparkasse Korneuburg AG, IBAN: AT262022700400008686, BIC: SSKOAT21XXX
Copyright: © Copyright by Flammentopf e.U.
Voluntary code of conduct: www.guetezeichen.at

2. General

The terms and conditions apply to the sale and supply of goods as well as the provision of services through our company. Differing conditions of purchasers are valid only if we have agreed to these in writing or undersigned them. By clicking on the checkbox [Please agree to the general terms and conditions.] in the cart before placing the order, the buyer agrees to and is bound by these general terms and conditions. Our offers are non-binding and subject to change. The order of a legally competent customer (persons over the age 18) represents an offer to conclude a contract of sale. The reception of our order confirmation email does not constitute in itself an acceptance of the offer. A purchase contract is formed only when the ordered goods are delivered, a separate order confirmation is sent by email or by other acceptance of the customer's offer. All offers on our website are subject to change, not binding and only available while supplies last.

3. Order process, order correction, order cancellation

Once you select the desired product, you can add it to your cart without obligation by clicking the button [In den Warenkorb] (Add to Cart). You can view the contents of your basket without commitment to buy at any time by clicking the button [Cart Contents]. To remove products from your shopping cart at any time, click the checkbox [Remove] and then click the button [Aktualisieren] (Update). Once you are ready to buy the products in your cart, click the button [Kasse] (Checkout). Please then enter your personal information. If this is your first order, you need to register as a "New Customer". For subsequent orders, you only need to enter the user information (username and password) given to you when you initially registered. Your data will be encrypted. After entering your data and selecting your shipping address and payment method, you will be taken to the order confirmation page, where you can re-check your entries. After reading and accepting our cancellation terms and general terms and conditions by clicking the corresponding checkboxes, you can complete the order process by clicking the button [Zahlungspflichtig bestellen] (Confirm Order). To edit your entries, press the "back arrow" of the browser. The ordering process can be cancelled at any time by closing the browser.

A detailed description regarding your order in our shop can be found on the page: Order process

4. Contract language

The terms of the contract, all other information, customer service, data information and the handling of complaints are all offered in German.

5. Prices

Prices at the time of the order include the legal VAT in addition to all shipping expenses incurred. They are shown in the cart before a contract is concluded and then again in the confirmation of contract that is send to the customer. All costs incurred during shipping for export or import duties will also be charged to the purchaser (information about these costs can be obtained from your local customs office). Sales to customers outside the EU are not subject to VAT, but customers must pay the relevant national import duty. There will be no Austrian sales tax added for businesses within the EU who can provide a valid VAT number; they instead pay the value added tax of their home country. Payment is in euros.

6. Right of revocation for consumers 

Instructions of revocation
 
Right of revocation

Consumers have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire:

  1. in case of a service contract after 14 days from the day of the conclusion of the contract.
  2. in case of a purchase contract after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 
  3. in case of a contract for the purchase of several goods, which the consumer has ordered in one single order but are delivered separately after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 
  4. in case of a contract for the delivery of a good in different lots or pieces after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
  5. in case of a contract for the periodical delivery of goods over a defined period of time after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

To exercise the right of revocation, you must inform us (Flammentopf e.U., Dr. Theodor Körner Gasse 4, 2201 Gerasdorf bei Wien, phone: +43 (0)664 4927733, fax: +43 (0)1 2533033-1180, email: info@flammentopf.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model revocation form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. In case of items that cannot be sent by parcel the cost of return is estimated at a maximum of approximately 150 EUR. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

In the event that the customer is a trader, then revocation is entirely precluded.

Model revocation form
 
Complete and return this form only if you wish to withdraw from the contract.
  • To
    Flammentopf e.U.
    Dr. Theodor Körner Gasse 4
    2201 Gerasdorf bei Wien
    Austria
  • Fax: +43 (0)1 2533033-1180
  • Email: info@flammentopf.at
  • I/We *) hereby give notice that I/we *) withdraw from my/our *) contract of sale of the following goods/for the provision of the following service *):
  • Order number:
  • Ordered on:
  • Received on:
  • Name of consumer(s):
  • Address of consumer(s):
  • Date:
  • Signature of consumer(s):

*) Delete as appropriate

Download of the Model revocation form as a PDF-file: Model revocation form

Notes to help with the smooth reshipment of goods:

If possible, please return the items to us in full and in the original packaging. Please use the return label supplied (please enter the reason for returning) with the return package. Use of the return label and the original packaging is not mandatory, that is, it will not harm your legal rights as a consumer, but simplifies and guarantees processing for us.

The consumer does not have a right of withdrawal from contracts regarding

  1. services, if the entrepreneur - based on the express demand of the consumer as well as a confirmation of the consumer on his or her knowledge about the loss of the right of withdrawal upon complete contractual performance - has started with the service before the expiration of the period of withdrawal and the service has then been completely accomplished, 
  2. goods or services whose prices depend on the fluctuation on the financial market, on which the entrepreneur does not have any bearing and which may occur within the period of withdrawal, 
  3. goods which were custom-made or obviously customised for the personal needs of the customer, 
  4. goods which were inseparably mixed with other goods due to their property after delivery, 
  5. services which were performed in connection with recreational activities, provided that a certain point or period of time is articled for the contractual performance by the entrepreneur, 
  6. urgent repair- or maintenance work, where the consumer has explicitly requested a visit of the entrepreneur for the execution of this work. If the entrepreneur performs additional services in the course of his visit, which have not been explicitly requested by the consumer, or if he delivers goods which are not absolutely necessary spare parts for the maintenance or repair work, the consumer has the right of withdrawal concerning these additional services or goods.

7. Payment

We accept the following payment methods:

- Payment before delivery/bank transfer
-
PayPal
-
On open account (only for B2B customers)

For the payment method bank transfer, payment must be made by the customer within the period of one week from the date of receipt of the order confirmation. Delivery will be made only after payment has been received.

We only offer the optional on open account delivery to commercial customers who are registered with us in our dealer area, have a good credit history and whose relevant trade license we have verified. However, we reserve the right to refuse without reason the admission of any dealer to our dealer database.

A detailed description regarding payment methods in our shop can be found under: Payment methods

8. Arrears

If the buyer defaults in payment, we are entitled to charge the statutory interest on arrears. The legal interest rate in case of monetary claims payable and receivable between Austrian entrepreneurs from business operations is 9,2 percentage points above the base interest rate. If the debtor is not responsible for the delay, the interest rate is 4%. In accordance with § 458 UGB we are also entitled to obtain from the debtor a lump sum of EUR 40,00 as compensation for recovery costs.
(http://www.oenb.at/Service/Zins--und-Wechselkurse/Anknuepfungszinssaetze.html)

9. Costs of reminders and collection

In the event of delayed payment, the contractual partner agrees to reimburse the reminder and collection charges incurred by us to the extent required for asserting respective legal rights and in as far as they are appropriately proportional to the demand, even if the delay in payment is of no fault of the contractual partner. Especially when a debt collector is used, the contractual partner shall reimburse the incurred costs to us, in as far as they are not in excess of the maximum chargeable rates of debt collectors. Provided that we run the dunning process ourselves, the debtor undertakes to pay an amount per reminder of EUR 12,00, and every six month an amount of EUR 5,00 for keeping track of the obligation in reminders.

10. Default of acceptance

In the case of delayed acceptance by trade customers, we are entitled to store the goods ourselves and shall charge a storage fee of EUR 0,10 per calendar day. At the same time, we insist on fulfilment of the contract.

11. Retention of title

We retain ownership of the delivered goods or services and the media created and/or edited by us until all payments from the business relation with the customer have been received. If the customer sells goods still in retention of title, he also has to forward the retention of title. The customer shall immediately notify us in the case of third party access to goods of which we retain the title. Pledges, security assignments and similar of retention of title goods is not permitted without our prior consent. If after late payment and despite a reminder no payment is made, our retention title goods are to be surrendered immediately. The customer shall pay the cost of return shipping.

12. Privacy policy

Protecting your privacy is very important to us. Below we provide detailed information on how we deal with your data.

Collection and processing of your data

In principle you can visit our web site without providing personal details. We ask you to provide your personal details only when you want to shop, subscribe to our newsletter or use other features of our website.

Data entry

So that you can place orders in our shop and so that we can process your order, we need to collect the following data from you: First name, last name, email address, street, postal code (zip), city, phone number, date of birth, username and password. Immediately after registration, you will receive an email with your login information. Your email address and phone number are needed so that we can deal more speedily with order-related enquires and information. Your date of birth is needed in case we have to conduct a credit check. We will not collect data relating to payment by credit card, as credit card payments are made through our payment partner company PayPal (www.paypal.at). Our payment partner encrypts the information of your credit card during data transmission via SSL (at least 128 bit).

Use and disclosure of your information

We use the data collected from you strictly in accordance with the law, and only to fulfil the contract. For this purpose, we disclose your data as required to other companies, such as transport companies. These companies are only permitted to use your data for order processing and not for any other purpose, and are contractually obligated to us to comply with the statutory provisions governing data protection. We are however legally obliged to provide the relevant data to the authorities in the event of any legal provision, an administrative order or an official investigation.

Newsletter

With your consent, we may use your email address to send you our newsletter. You can unsubscribe from our newsletter at any time by contacting us via the email address in the section Imprint or by clicking the unsubscribe link at the end of all newsletters.

Saving the text of the contract

We save the text of the contract and send you the order confirmation in an email. For security reasons, your order data is no longer accessible over the internet.

Use of cookies

We use cookies to make visiting our website attractive and to enable the use of certain features. Cookies are small text files that are stored on your computer. Our cookies will be deleted from your hard drive (session cookies) after you close your browser. Your browser can be set to inform you when cookies are used and you can then decide on a case by case basis whether to accept cookies or exclude them all together. The functionality of our site may be limited if you do not allow cookies. In the help section of your browser you will find a description of how to set standard web browsers to accept or reject cookies.

Data security

The transfer of your contract data over the internet will be encrypted using SSL procedure. We secure our website and other systems by means of technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons.

Right of information

You have the right to free information about your stored data as well as the right to correct, block or delete such data if this is legally possible.

Privacy information

If you have questions regarding the collection, processing or use of your personal information, please contact our Privacy Officer by writing to:

Mag. Christian Stauber, MSc
Dr. Theodor Körner Gasse 4
2201 Gerasdorf bei Wien 
Austria
Email: info@flammentopf.at

Use of social media plugins

We make use of plugins of the social networks Facebook, YouTube and XING, which are operated by the following enterprises:

  • Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA, www.facebook.com
  • YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA, www.youtube.com
  • XING AG, Gänsemarkt 43, 20354 Hamburg, Deutschland, www.xing.com

When you call up one of our websites which contains such a plugin, a connection between your browser to the concerning social network is established. The social network is informed about your visit on our website via the plugin. If you are registered on Facebook, YouTube or XING, your visit may be assigned to your account of your social network. Any interactions with the plugin may be filed by the operator of the network. You can find information about the use of the data compiled by the respective social network on the website of the enterprise in the section "privacy". If you do not want your data to be collected, please log off the social network you are using before your visit to our website!

13. Warranty and liability

The warranty is according to the provisions of the law. It is restricted to the legal term of 24 months starting from the receipt of goods by the buyer or concerning services from the completion of the service. Where complaints about defects are justified, either a free replacement or improvement will be made, for which a reasonable period should be allowed. If a replacement or improvement cannot be considered (not possible, entails high expenses, unreasonable time delay, etc.), the buyer is entitled to a discount or, if the defect is not minor, termination of contract (redhibitory action). Defects have to be announced upon delivery or upon being detected, but refraining from the announcement upon delivery or upon being detected does not have any influence on the warranty claims of the consumer. If the purchase is a commercial transaction for the customer (B2B), then the customer must examine the goods no later than 2 weeks after receiving them and immediately report any defects found.

Our company shall only be liable for damages of intent and gross negligence. This does not apply to personal injury or consumer businesses. Provided the company is not a consumer business, the claimant has to prove the existence of simple and/or gross negligence. Compensation of secondary damage, harm of damage and other property damage, financial loss and damage caused to the customer by third parties is ruled out provided the company is not a consumer business. Our company as the operator of the web-shop named in the Imprint section provides its services with utmost care, but shall not be liable for services provided by or obtained from third parties.

When the goods are shipped in the course of consumer businesses, the danger of loss or damage of goods does not demise to the consumer until the goods are delivered to the consumer or to a third person different to the carrier and stipulated by the consumer. If the consumer has concluded the transport contract himself without making use of our suggested options, the danger goes over to the carrier upon the delivery of goods.

14. Governing law, jurisdiction

The contracting parties agree to the application of Austrian law. If the consumer lives or works in-country, a lawsuit can only be filed for the jurisdiction of the court where he or she lives or works; this does not apply to legal disputes which are already existent. The UN trade law as well as all regulations which relate to the UN trade law are expressly ruled out. For customers within the EU, obligatory national consumer rights provisions apply unless the relevant Austrian laws are more favourable. If the contracting party is a customer with residence in the EU, he/she may institute legal proceedings against our company, either in Austria or in the courts of the contracting state in whose territory he/she resides. For consumers who have no domicile within the EU, the place of jurisdiction is our headquarters. For disputes arising from the contract insofar as the contracting party is a trader, it is agreed that the place of jurisdiction is our headquarters.

15. Place of fulfilment in case of entrepreneurial transactions

Place of fulfilment for all services arising from the contract is our headquarters.

16. Copyright

All messages, graphics and design of our site are intended solely for the personal information of our customers. Usage is at your own risk. All data on this site is protected by copyright. The reproduction, copying and printing of the entire website are permitted only for the purpose of ordering from our company. Any processing, reproduction, dissemination, or public disclosure will be deemed to exceed normal use of the databases and constitute a breach of copyright.

17. Arbitration board

We are committed to participate in the conciliation procedure of the Internet Ombudsmann: www.ombudsmann.at

Internet Ombudsmann
Margaretenstraße 70/2/10 
A-1050 Wien

Find more detailed information about the types of procedure at www.ombudsmann.at or in the procedural guidelines:

Within the scope of the Foreign Tax Act (ASTG):
http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStG-Verfahren.pdf

Outside the scope of the Foreign Tax Act (ASTG) - standard procedure:
https://secure.ombudsmann.at/media/file/66.Richtlinien_Internet_Ombudsmann_Standard-Verfahren.pdf

For the settlement of disputes with our company may also be used the OS-platform: http://ec.europa.eu/consumers/odr

Our email address: info@flammentopf.at

18. Delivery

Should some of the items ordered not be available for immediate delivery, we will first deliver those that are immediately available and the other items as soon as they become available for delivery. Delivery costs will of course only be charged once per order even for partial deliveries. We ship via parcel service, post office or carrier.

19. Shipping costs

The shipping costs in our shop are automatically calculated based on the total weight (sum of shipping weights) of your order and the delivery address. The shipping weight of a product is calculated from the weight of the goods and packaging or the volume weight. As our products are hand-crafted, there may be slight variations in weight. The goods shall be delivered to your doorstep. Packaging is included in the value of the goods and becomes the property of the customer. Free customer collection is only possible by prior arrangement.

A detailed description regarding shipping costs in our shop can be found under: Shipping costs

The delivery terms for orders from confirmed dealers (retailers) can be found in the dealer area.

20. Storage of the contract

You can print out the order information when ordering or after receiving the order confirmation email "order process". The contract text is stored by us and you can request a copy at any time after the order process.

21. Usage and safety guidelines

Our products are delivered together with usage and safety guidelines. Please read these guidelines carefully before first use and keep them for future reference. Our products may only be operated by adult persons who have fully read and understood these usage and safety guidelines. If the guidelines are accidentally not included in delivery, have got lost or for further questions, please contact:

Flammentopf e.U.
Dr. Theodor Körner Gasse 4
2201 Gerasdorf bei Wien
Austria
Phone: +43 (0)664 4927733
eMail: info@flammentopf.at

22. Miscellaneous

Claims for compensation under the Product Liability Act are not possible unless the subrogation beneficiary can show that the error was caused by us and is at least due to gross negligence. The contracting party will waive the possibility of compensation. However, this does not apply to consumers. We recommend that you address statements, notifications, etc. - with the exception of defect notifications - in writing directly to us.
 


Download as a PDF-file:

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     Friedrich von Schiller, German poet, 1759 – 1805
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