Terms of Service
Terms of Service
Disclosure according to §5 ECG:
+43 676 7241655
(In the following briefly referred to as "Seller").
1.1 These General Terms and Conditions ("GTC") and the rights of withdrawal and consequences of withdrawal for consumers regulated under point 8 apply – unless expressly agreed otherwise – for the conclusion of contracts between the seller and the customer. This is regardless of whether such a contract is concluded online via our website www.trommelsafari.at or offline in our branch. The provisions in Section II also apply to legal transactions with entrepreneurs.
1.2 With the submission of his contractual declaration (see point 1.4), the customer accepts these GTC. Contracts can only be concluded under these conditions. We must expressly agree to deviating, conflicting, restrictive or supplementary terms and conditions and regulations of the customer so that they become part of the contract in individual cases. In particular, contractual fulfillment actions on our part do not constitute consent to any conditions that deviate from our General Terms and Conditions.
1.3 If several contracts are concluded at different times, the version of the General Terms and Conditions that is valid at the time the customer makes the contract declaration (see point 1.4) and has been published or posted by us becomes part of the contract. Several contracts concluded with a specific customer do not justify a continuing obligation or any other right to a renewed conclusion of a purchase contract without the express written agreement of a framework contract.
1.4 Conclusion of contract
1.4.1 The presentation of our products on our website or in our branches is not an offer in the legal sense. The offer is made exclusively by the customer as shown in point 1.4.3.
1.4.2 The customer's offer is made in our branches by handing over the goods to the cashier and paying for them. We accept such an offer by accepting the purchase price and handing over the goods.
1.4.3 On our website, the customer makes an offer by ordering the item. The customer's offer is validated Click on the button "Order with costs" binding for him. Please note that the customer after we have received his order, a separate confirmation of receipt of his order will be sent. Such confirmation constitutes does not yet constitute acceptance of the offer. Our acceptance only takes place through a separate order confirmation sent in writing within a reasonable period of time, or through actual delivery of the ordered goods. A reasonable period of time is a period of maximum 5 working days to understand. We are entitled to accept orders only in part or to reject them without giving reasons. If you do not receive a message despite entering a valid e-mail address, please contact us at: email@example.com
2 Registration on the website, website access
2.1 A Registration is not required to place orders on our website.
2.2 The customer must be at least 18 years of age and have full legal capacity. With the
dispatch of the order the customer confirms the correctness of his information, in particular his name, his legal capacity and his address.
2.3 We are not liable for the uninterrupted functioning of the website. We are entitled at any time, without prior notice, to carry out work on the website that involves a shutdown/interruption. We are also not obliged to provide a certain server capacity, so that overloads and longer response times must be expected.
3 Prices, delivery and shipping costs
3.1 The prices listed on the website are retail prices including sales tax. We shall notify the consumer of any additional freight, delivery, shipping or other costs before submitting his bid, insofar as these costs can reasonably be calculated in advance
be able. If these costs cannot reasonably be calculated in advance, we shall give prior notice of the existence of such additional costs before the customer submits the offer.
3.2 The provisions of the federal law on price maintenance for books apply to book shipments.
4. Terms of Payment
4.1 Unless otherwise agreed in writing, our claims must be paid in full and without deduction before the ordered products are handed over. Payment of the purchase price when purchasing via our website is possible using the following payment methods: credit card, Paypal and offline payment (on account).
The purchase price is due immediately upon our acceptance of the offer. The amount equal to the purchase price will therefore be debited from the credit card specified by the customer if payment by credit card is chosen and the offer is accepted by us.
5 Delivery / granting of rights of use for e-books
5.1 The delivery (posting by us) takes place in the case of an online purchase – provided the goods are in stock and nothing to the contrary is noted on the website – within from 4-5 working days after Acceptance of the order by e-mail or receipt of the order upon acceptance by actual delivery (point 1.4.3). We choose the carrier to the best of our ability, but without guarantee for the choice of the fastest and cheapest shipment.
5.2 We provide the customer with digital content that is not stored on a physical data carrier, such as e-books after 10 days ready for download, unless the customer expressly agrees that the retrieval should take place earlier and acknowledges that his right of revocation and withdrawal may thereby lapse in accordance with the provisions under Item 6 8. of these General Terms and Conditions.
5.3 The delivery period will be extended by the duration of the hindrance due to all circumstances independent of the will of the parties, such as cases of force majeure, unforeseeable operational disruptions, official intervention, delays in transport and customs clearance, transport damage, rejects of important production parts and labor disputes.
5.4 Delivery is made to the delivery address specified by the customer. Any additional costs caused by the customer providing an incorrect delivery address must be borne by the customer.
5.5 E-books are usually protected by copyright. If you purchase e-books, we do not transfer ownership to you in this respect, but rather a non-exclusive and non-transferable right of use ("permission to use the work"). This permission to use the work only entitles you as a customer to download the e-book and to save and use it on a device for your own private use within Austria. Observe the provisions in point. 6.4.
5.6 Any use of digital e-books that goes beyond the intended use in accordance with point 5.5 is prohibited. In particular, such digital goods may not be reproduced, distributed, sent by wire or wireless, made available to third parties for a fee, and may not be translated, edited or processed and placed on the market.
6 Right of revocation and withdrawal and -follow for consumers according to FAGG (6.1 to 6.8) or KSchG (6.9)
6.1 If the customer is a consumer within the meaning of the KSchG and has concluded the contract based on these GTC either as a distance contract or outside our business premises (and if the fee to be paid is more than EUR 50 in the latter case), he can withdraw from it until the end of the withdraw from the period specified in point 6.2 without giving reasons. This does not apply in the exceptional cases regulated in Section 6.8, especially when purchasing e-books or POD Print On Demand products under the conditions laid down in Section 6.8.11. For the withdrawal, the customer must send us a clear statement (e.g. a letter sent by post, fax or e-mail – see point 1) about his decision to revoke this contract. However, the resignation is not bound to any particular form. Please note, however, that we must receive the revocation in order to be effective. The customer can use the sample cancellation form attached here.
Declaration of withdrawal / declaration of revocation
To Herman Aigner
I/we hereby revoke the contract concluded by for the item ............... which I/we ordered on ..... / received on ... .
Repayment to account IBAN ........... BIC ..........
Name of the consumer (consumer) ..................
.............. ................................... .
6.2 The withdrawal period is as follows:
6.2.1 In the case of sales contracts and other contracts aimed at the purchase of goods against payment, you can acquire possession of the goods or of the last partial shipment or the last delivered goods (§ 11 Para. 2 Z 2 lit a) to c) FAGG).
6.2.2 In the case of contracts for the regular delivery of goods over a fixed period of time, the period is 14 days from the day on which the consumer or a third party designated by him who is not the carrier obtains possession of the goods delivered first ;
6.2.3 In the case of contracts for the delivery of digital content that is not stored on a physical data carrier (such as e-books) – unless the exception to the right of withdrawal according to point 6.8.11 applies – the period is 14 days from the day of the conclusion of the contract.
6.2.4 The withdrawal period according to points 6.2.1 to 6.2.4 is met if the declaration of withdrawal is sent within the period. Please note, however, that the revocation must be received by us in order to be effective (the risk in the case of postal or electronic transmission (fax, email) lies with you).
6.3 If we have not complied with our obligation to provide information according to § 4 Para. 1 Z 8 FAGG, it will be extended the withdrawal period from point 8.2 is increased by twelve months. If we comply with our information obligations within this period, the withdrawal period ends 14 days after the point in time at which the consumer receives this information.
6.4 If the consumer withdraws from the contract, we will owe him all payments that we have received from him, including delivery costs (except for the additional costs resulting from the consumer choosing a different type of delivery than the one offered by us, chose the cheapest standard delivery) immediately and at the latest within 14 days from the day on which we received notification of the cancellation of this contract. For this repayment, we use the same means of payment that the consumer used in the original transaction, unless something else was expressly agreed with them. Under no circumstances will the consumer be charged for this repayment. In the case of sales contracts or other contracts aimed at the purchase of goods against payment, we can refuse repayment until we have either received the goods back or the consumer has provided proof that the goods have been returned, unless we have offered to collect the goods ourselves.
6.5 The consumer must send back the goods or hand them over to us immediately and in any case no later than 14 days from the day on which he informed us of the cancellation of this contract. The deadline is met if the consumer sends the goods back before the period of 14 days has expired. The consumer bears the direct costs of the return if we have informed him in advance about the obligation to bear the costs for the return. The consumer is 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. However, the consumer is under no circumstances liable for the loss in value of the goods if he has not been informed by us of his right of withdrawal.
6.6 If the consumer withdraws from a contract for the delivery of digital content (such as e-books) that is not stored on a physical data carrier – unless the exception to the right of withdrawal according to point 6.8.11 applies – back, the consumer is not obliged to pay for services already rendered by the entrepreneur.
6.7 If the consumer, in the case of a contract for services, has requested that these should begin during the cancellation period, he has to pay us a reasonable amount, which the proportion of up to the point in time at which the consumer informed us of the exercise of the Informed about the right of cancellation regarding this contract, services already rendered in the
compared to the total scope of the services provided for in the contract.
6.8 According to Section 18 Paragraph 1 FAGG, the consumer has no right of withdrawal when concluding contracts for:
6.8.1 Services when we – on the basis of an express request by the consumer according to § 10 FAGG and a confirmation from the consumer that he is aware of the loss of the Right of withdrawal upon complete fulfillment of the contract – before the end of the withdrawal period according to § 11
FAGG have started to perform the service and then the service was fully rendered
6.8.2 goods or services, the price of which depends on fluctuations in the financial market, over which the entrepreneur has no influence and which may occur within the withdrawal period,
6.8.3 Goods made to customer specifications or clearly personal needs are tailored
6.8.4 Goods that can spoil quickly or whose use-by date would soon be exceeded,
6.8.5 Goods that are delivered sealed and for reasons of health protection or For reasons of hygiene, they are not suitable for return unless they are sealed after delivery was removed,
6.8.6 Goods which, due to their nature, were inseparably mixed with other goods after delivery,
6.8.7 alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which are not can be delivered earlier than 30 days after the conclusion of the contract and their current value of fluctuations in the market over which the entrepreneur has no influence,
6.8.8 audio or video recordings or computer software delivered in a sealed package if unsealed after delivery,
6.8.9 Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
6.8.10 services in the areas of, transportation of goods, delivery of meals and drinks and services provided in connection with leisure activities, insofar as there is a specific point in time for the fulfillment of the contract by the entrepreneur or period is contractually provided,
6.8.11 the delivery of digital content that is not stored on a physical data carrier, such as e-books when the entrepreneur – with the express consent of the consumer, combined with his acknowledgment of the loss of the right of withdrawal if the fulfillment of the contract begins prematurely, and after the provision of a copy or confirmation in accordance with Section 5 (2) FAGG or Section 7 (3) FAGG – started delivery before the end of the withdrawal period according to § 11 FAGG.
6.9.1 If the agreed fee is less than EUR 50, the customer has the right to withdraw in accordance with § 3 KSchG as follows: The consumer does not have his contract declaration in the premises used by the entrepreneur for his business purposes or in one of the premises used by him for this purpose a stand used at a trade fair or a market, he can withdraw from his contract application or from the contract. This withdrawal can be declared up to the conclusion of the contract or thereafter within 14 days. This period begins with the handing over to the consumer of a document containing at least the name and address of the entrepreneur, the information necessary to identify the contract and instructions on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal , but at the earliest when the contract is concluded, in the case of sales contracts for goods on the day on which the consumer acquires possession of the goods. If such a document is not issued, the consumer has the right to withdraw for a period of twelve months and 14 days from the conclusion of the contract or the delivery of the goods; if the entrepreneur makes up for the delivery of the document within twelve months of the start of the period, the extended withdrawal period ends 14 days after the consumer receives the document.
6.9.2 In this case, the provisions of points 6.4 and 6.5 above apply to the exercise of the right of withdrawal. The model of the declaration of withdrawal from point 6.1 can be used.
6.9.3 The consumer does not have the right to withdraw if he himself initiated the business relationship with the entrepreneur or his agent for the purpose of concluding this contract, if the conclusion of the contract did not lead to discussions between the parties or have preceded their agents or in the case of contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside their business premises and the agreed fee is 25 euros, or if the company is by its nature not operated in permanent business premises and that fee does not exceed EUR 50 for contracts that are subject to the Distance and External Business Act (in this case there is a right of withdrawal in accordance with points 6.1 to 6.8 above) or for contractual declarations that the consumer has made in the entrepreneur's physical absence, unless he was urged to do so by the entrepreneur.
When Goods are delivered with obvious transport damage, then complain about them Please make mistakes right away at the supplier and please contact us as soon as possible.
7 retention of title
7.1 The goods delivered by us remain our property until all our claims from the respective delivery have been paid in full.
7.2 The customer is obliged to treat the goods with care during the existence of the retention of title. He must inform us immediately of any access by third parties to the goods, in particular of enforcement measures, as well as damage or destruction of the goods. In the event of fault, the customer must compensate us for all damage and costs that arise from a breach of these obligations and from necessary intervention measures to prevent third parties from accessing the goods.
8.1 To consumers in the event of defects in the goods be valid the statutory warranty provisions (§8 KSchG). Damage caused by improper use or handling of the product is not covered by the warranty. same applies to normal wear and tear.
8.2 The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are considered to be in accordance with the contract if the delivered items correspond to the other product specifications.
8.3 If the customer is a consumer within the meaning of the KSchG, he must check the delivered goods for completeness, correctness and other defects, in particular the integrity of the packaging, and notify us of any defects by e-mail to firstname.lastname@example.org announced and briefly described. This only serves to process any complaints more quickly and effectively. A breach of this obligation does not lead to any restriction of the statutory warranty rights of the consumer.
8.4 If the customer requests that the goods be returned to us and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment are to be borne by the consumer. Defective goods are therefore only to be returned at our express request.
9.1 We are liable for damages according to the statutory provisions. However, liability for damage caused by slight negligence is excluded. This limitation of liability does not apply to damage resulting from injury to life, limb or health or to claims under the Product Liability Act.
10.2 The customer is obliged to notify us immediately of any changes to his residential or business address and contact details during the ongoing business relationship. If he fails to do so, declarations are also deemed to have been received if they are sent to the last address he gave.
11 Jurisdiction, Choice of Law, Miscellaneous
11.1 The place of jurisdiction for all disputes arising from this contract is 3370 Ybbs Austria locally and factually competent court, except in the cases according to 12.2. In this case, our authority to appeal to another court responsible for the customer remains unaffected.
11.2 If our customer is a consumer and has his domicile or habitual abode in Austria at the time the contract is concluded, or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual abode is located, can be justified for a lawsuit against him or the place of employment.
If the customer is a consumer and is domiciled or usually resident in another EU member state at the time the contract is concluded and we carry out a professional or commercial activity in the EU member state in whose sovereign territory the consumer resides or set up such an activity If the route is to this Member State or to several States, including this Member State, and if the contract falls within the scope of this activity, the consumer may also bring an action before the court of the place where the consumer has his domicile; the action against the consumer can only be brought before the courts of the Member State in which the consumer is domiciled.
11.3 The substantive law of the Republic of Austria applies exclusively, excluding the reference standards and the UN Sales Convention. For consumers, this choice of law only applies to the extent that mandatory provisions of the law of the state in which they have their habitual residence are not superseded.
11.4 Should individual provisions of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them.
The wholly or partially ineffective provision will only be replaced in contracts with entrepreneurs by a provision that comes closest to the meaning and purpose of the ineffective provision.
SECTION II. - Entrepreneurship
If a contract according to 1.1 is concluded with an entrepreneur, the following deviating provisions also apply
If the customer is an entrepreneur, he must check the delivered goods upon receipt for completeness, correctness and other defects, in particular the integrity of the packaging. If there are defects, he must report them within a reasonable period of time, but no later than four working days after receipt of the goods by email to email@example.com. Defects that become apparent later must also be reported immediately, at the latest within four working days after they become apparent. If the entrepreneur has not found any defects within the notification period and has not complained, the delivery is considered approved and all claims such as warranty, error avoidance or compensation for damages due to a later alleged deviation or defect (§ 377 UGB). This also applies to any incorrect deliveries or deviations in the delivery quantity.
If the customer is an entrepreneur, we have the exclusive choice of legal remedy to remedy a defect that has been reported in good time. We are also free to terminate the agreement immediately walk
If the customer is an entrepreneur, he has to bear the costs for returning the goods for improvement or replacement.
9.2 Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year from the transfer of risk. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
9.3 If the customer is an entrepreneur, any claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused in our sphere and was at least the result of gross negligence.
II/3 bans on retention and set-off
10.1 Justified complaints do not entitle customers who are entrepreneurs to withhold the invoice amount. The offsetting of alleged counterclaims against the payment claim is not permitted unless we expressly agree to this.
II/4 Choice of Law; Fulfillment and jurisdiction
Austrian law applies to the exclusion of the reference standards and the UN Sales Convention. Place of fulfillment is 3370 Ybbs Austria. For disputes arising from or about legal transactions subject to these GTC, the exclusive jurisdiction of the district court for commercial matters or the commercial court in city agreed upon. This according to the amount in dispute.