Terms and Conditions

General terms and conditions with customer information

1. scope of application

1.1 The business relationship between Christoph Brandl GmbH (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.

2. offers and service descriptions

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the seller’s websites do not have the character of an assurance or guarantee.

2.2 All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise errors excepted.

3. ordering process and conclusion of contract

3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping basket using the [add to basket] button. Within the shopping basket, the product selection can be changed, e.g. deleted. The customer can then click the [Continue to checkout] button within the shopping basket to finalise the order process.

3.2 By clicking the [order with obligation to pay] button, the customer submits a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping basket or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request.

4. prices and shipping costs

4.1 All prices stated on the Seller’s website include the applicable statutory value added tax.

4.2 In addition to the prices quoted, the Seller shall charge shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. delivery, availability of goods

5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.

5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

6. terms of payment

6.1 The customer can choose from the available payment methods during and before completion of the order process.

6.2 If payment by invoice is possible, payment must be made within 10 days of receipt of the goods and the invoice.

7. reservation of title

The delivered goods remain the property of the seller until full payment has been made.

8. customer account

8.1 The seller shall provide the customer with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored with the seller.

8.2 Customers are obliged to provide truthful information in the customer account.

9. warranty for material defects and guarantee

9.1 Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.

9.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given.

10 Liability

10.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding the other statutory requirements for claims.

10.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

10.3 In the event of simple negligence, the Seller shall only be liable for damages arising from the breach of a material contractual obligation (cardinal obligation). In this case, however, liability shall be limited to the foreseeable damage typical of the contract.

10.4 The limitations and exclusions of liability according to the above clauses shall not apply to damages resulting from injury to life, body or health, to claims under the Product Liability Act and in cases in which the Seller has assumed a guarantee.

10.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of the Seller.

11. storage of the contract text

11.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

11.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer.

12. final provisions

12.1 If the Buyer is an entrepreneur, the place of fulfilment shall be the Seller’s registered office, subject to other agreements or mandatory statutory provisions.

12.2 In the case of entrepreneurs, the law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that there are no mandatory statutory provisions to the contrary.

12.3 The contract language is German.