1. Scope

For all orders through our online shop by consumers and entrepreneurs, the following terms and conditions apply.

Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs.

An entrepreneur is someone for whom the transaction is part of the operation of their business. A business is any organization of independent economic activity set up on a permanent basis, even if it is not aimed at making a profit. Legal entities under public law are always considered entrepreneurs.

For entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Holzprofi Austria GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking the order button, you make a binding offer for the products contained in the shopping cart. The confirmation of receipt of your order will be sent by email immediately after the order is submitted.

We accept your offer within two days by

• sending a declaration of acceptance in a separate email or
• having the goods delivered or
• having the payment transaction carried out by our service provider or the selected payment service provider. The time of the payment transaction depends on the selected payment method (see "Payment").

The relevant alternative for you depends on which of the listed events occurs first.

3. Contract Language, Contract Text Storage

The language(s) available for concluding the contract: German

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. Delivery Conditions

Shipping Costs

In addition to the stated product prices, shipping costs may apply. More details about the shipping costs can be found with the offers.

Delivery Options

We deliver the products to the delivery address specified in the order process.

You can also collect the products from Holzprofi Austria GmbH, Watzing 2, 4661 Roitham, Austria during the business hours specified below: during business hours.

5. Payment

The following payment methods are generally available in our shop.

Advance Payment
When selecting the advance payment method, we provide our bank details in a separate email and deliver the goods upon receipt of payment.

Credit Card
You provide your credit card details during the order process.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further instructions are provided during the order process.

PayPal may offer registered and selected PayPal customers additional payment options in their PayPal account. However, we have no influence on offering these options; any additional individually offered payment options are part of your legal relationship with PayPal. More information can be found in your PayPal account.

Skrill
To pay the invoice amount via the Skrill service of the payment service provider Paysafe Payment Solutions Limited, Grand Canal House Grand Canal Street Upper Dublin 4, D04 Y7R5 Ireland ("Skrill"), you must be registered with Skrill, authenticate with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order by Skrill. Further instructions are provided during the order process.

Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.

Cash Payment on Collection
You pay the invoice amount in cash upon collection.

6. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the instructions on withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The product remains our property until full payment is made.
For entrepreneurs, the following additionally applies: We retain ownership of the product until all claims from an ongoing business relationship have been settled in full. You may resell the goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance, regardless of any combination or mixing of the goods subject to retention of title with a new item, in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport Damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, the freight forwarder, or the person or institution otherwise responsible for carrying out the shipment. For merchants, the inspection and notification duties regulated in § 377 UGB apply. If you fail to comply with the notification requirements specified therein, the goods are considered approved unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and Guarantees

Applicability of Statutory Liability for Defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following restrictions and shortened periods do not apply to claims for damages caused by us, our legal representatives, or agents

• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty as well as fraud
• in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions on Entrepreneurs

For entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract are considered an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods is made under the exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.

Notice to Merchants

For merchants, the inspection and notification duties regulated in § 377 HGB apply. If you fail to comply with the notification requirements specified therein, the goods are considered approved unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and Customer Service

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: shop@holzprofi.com | 43 7613 5600

10. Liability

We are always fully liable for claims due to damages caused by us, our legal representatives, or agents

• in case of injury to life, body, or health,
• in case of intentional or grossly negligent breach of duty,
• in case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives, or agents, the liability amount is limited to the foreseeable damage at the time of the conclusion of the contract, which must typically be expected. Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Sales Law.

If you are an entrepreneur within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Terms and Conditions created with the Trusted Shops Legal Text Generator