General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods According to Customer Specifications
9. Applicable Law
10. Code of Conduct
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Wolfgang Höchstätter, acting under “Wolfgang Höchstätter” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business, or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone or e-mail.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment transaction is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the application of PayPal’s Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer’s order has been sent. Beyond this, the Seller does not make the contract text accessible. If the Customer has created a user account in the Seller’s online shop prior to submitting his order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.

2.6 Before placing a binding order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer may correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button concluding the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs incurred will be separately indicated in the respective product description.

4.2 The available payment methods will be communicated to the Customer in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 Delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller’s order processing shall prevail. In deviation from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the shipping costs if the Customer effectively exercises his right of withdrawal. In the event of the Customer effectively exercising his right of withdrawal, the return costs shall be governed by the provision in the Seller’s withdrawal policy.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will use all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.4 In the case of self-collection, the Seller will first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the Customer may collect the goods by arrangement with the Seller at the Seller’s place of business. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed has been made.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory provisions of liability for defects apply.

7.2 If the Customer acts as a consumer, he is requested to complain to the deliverer about goods with obvious transport damages and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Customer Specifications

8.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of goods according to the Customer’s specifications, the Customer shall provide the Seller with all contents required for processing such as texts, images, or graphics in the file formats, formatting, image, and file sizes specified by the Seller and grant him the necessary rights of use. The Customer alone is responsible for the procurement and acquisition of rights to these contents. The Customer declares and assumes responsibility for having the right to use the contents provided to the Seller. In particular, he ensures that no third-party rights are infringed, especially copyright, trademark, and personality rights.

8.2 The Customer indemnifies the Seller against claims of third parties which they may assert against the Seller in connection with an infringement of their rights due to the contractual use of the Customer’s content by the Seller. In this context, the Customer shall also assume the reasonable costs of the necessary legal defense including all court and attorney fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information required for the examination of claims and defense in the event of a claim by third parties.

8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer violate legal or official prohibitions or common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or violence-glorifying content.

9) Applicable Law

For all legal relationships between the parties, the law of the Republic of Austria shall apply, excluding the laws on the international sale of goods. For consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10) Code of Conduct

• The Seller has submitted to the participation conditions for the eCommerce initiative “Fairness in Commerce,” which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

11) Alternative Dispute Resolution

11.1 The EU Commission provides an online platform for dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

11.2 The Seller is neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.