General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of Title
8. Material defect warranty and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language
12. Declaration of consent to the use of data for shipping, accounting and dunning
1. Scope
1.1. For the business relationship between Loidhold GmbH, managing director: Michael Loidhold, Fohregg 1, A-3244 Ruprechtshofen (hereinafter “seller”) and the customer (hereinafter “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can contact our customer service for questions, complaints and complaints on weekdays from 8:00 a.m. to 5:00 p.m. on the telephone number 0043 275 562 871 71 and by email at info@loidhold.at.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs 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 noted for the products. Incidentally, errors remain reserved.
3. Order process and conclusion of contract
3.1. The customer can choose non-binding products from the seller’s range and collect them in a so-called shopping cart using the button in the shopping cart. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then use the Continue to checkout button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding application to purchase the goods in the shopping cart by clicking the order subject to payment button. 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 cart 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 email, 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 only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, an explicit order confirmation or sending the invoice.
3.4. If the seller enables payment in advance, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after sending the order confirmation, even after a renewed request, the seller withdraws from the contract with the result that the order lapses and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days. For products that are made to measure or that are not included in the standard range (no stock items), a 50% down payment must be made at the start of production. The balance is paid upon delivery or in advance. The 30 day money back guarantee is excluded and not valid for these products. A separate order confirmation will be issued.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the prices stated, the seller charges 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 prepayment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 8 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions. In the case of custom-made systems, 50% of the order value will be invoiced in advance at the start of production.
6.3. If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the seller from asserting further damage caused by default.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until they have been paid for in full.
8. Material defect warranty and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. The goods delivered by the seller are only guaranteed if this has been expressly given.
8.3. Important information about our products: Floods, floods or generally higher amounts of water are triggered by excess water from storms or structural damage and are unpredictable. We cannot guarantee that our offered and delivered products will avoid or prevent damage and cannot give any guarantee or warranty in this regard.
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, irrespective of the other statutory entitlement requirements.
9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Loidhold GmbH does not guarantee damage prevention.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
11. Final provisions
11.1. The place of jurisdiction and fulfillment is the registered office of the seller (St. Pölten) if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
12. Declaration of consent to the use of data for shipping, accounting and dunning
With your order, you allow us, Loidhold GmbH, Fohregg 1, 3244 Ruprechtshofen, Austria, to use the personal data you provided during the ordering process (such as your name, home address, telephone number, e-mail address) for the purpose of shipping, accounting, To electronically save and process dunning, customer care, advice as well as for the purposes of market observation and the optimization of the sales system and advertising measures as well as for our customer files. We do not pass your data on to third parties for advertising purposes.
By placing your order, you agree that we can contact you by post, e-mail or telephone to send you advertising and to submit service offers for our goods and services. You can revoke this consent at any time by post, at infohochwasserschutz.at or Tel .: + 43 (0) 2756287171. You can also send inquiries about the topicality, correction and deletion of your personal data and all requests for information to these addresses.
