Terms of Service

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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 arrangements
7. Retention of title
8. Warranty for defects and guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language

12. Declaration of consent for the use of data for shipping, accounting and dunning

1. Scope
1.1. For the business relationship between Loidhold GmbH, managing director: Raphael Loidhold, Fohregg 1, A-3244 Ruprechtshofen (hereinafter referred to as “seller”) and the customer (hereinafter referred to as “customer”), the following general terms and conditions apply in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 8:00 a.m. to 5:00 p.m. on the telephone number 00432756287171 as well as by email at info@hochwasserschutz.shop.
1.3. Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or 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 rather an invitation to place an order. Service descriptions in catalogs and on the seller’s websites are not guaranteed or guaranteed.
2.2. All offers are valid “while stocks last” unless something else is noted for the products. Otherwise errors are reserved.

3. Order process and conclusion of contract
3.1. The customer can select products from the seller’s assortment without obligation and collect them in a shopping cart using the button in the shopping cart. The product selection can be changed within the shopping cart, e.g. to be deleted. The customer can then go to the checkout in the shopping cart to complete the ordering process.
3.2. The customer submits a binding application for the purchase of the goods in the shopping cart via the order button. Before submitting the order, the customer can change and view the data at any time, go back to the shopping cart using the browser function 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 using the “Print” function (order confirmation). The automatic acknowledgment 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 sends the ordered product to the customer within 2 days, hands it over or the shipment arrives has confirmed the customer within 2 days with a second email, express order confirmation or sending the invoice.
3.4. If the seller allows prepayment, the contract comes into effect with the provision of the bank details and payment request. If, despite the due date, the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract, with the result that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days. For products that are made to measure or are not included in the standard program (no stock items), a 50% down payment must be made at the start of production. The remaining payment is made on delivery or in advance. With these products, the 30 day money back guarantee is excluded and not valid. 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 stated prices, the seller charges shipping costs for the 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 due to the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. Possibly. Payments made will be refunded 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 arrangements
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. With all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with the payment processing, e.g. PayPal’s 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 appointment. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the seller from asserting further damage caused by delay.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or have been 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 full payment has been made.

8. Warranty for defects and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. The goods delivered by the seller are only guaranteed if they have been expressly given.

8.3. Important information about our products: Floods, floods or generally higher amounts of water are caused by excess water from storms or structural damage and are unpredictable. We cannot guarantee that our offered products avoid or prevent damage and cannot give any guarantee or warranty in this regard.

9. Liability
9.1. For liability of the seller for damages, the following exclusions and limitations of liability apply without prejudice to the other legal requirements.
9.2. The seller has unlimited liability if 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 duties, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect after accepting 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.

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 General Terms and Conditions along with cancellation policy and information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.

11. Final provisions
11.1. Place of jurisdiction and place of performance is the seat 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: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

12. Declaration of consent for the use of data for shipping, accounting and dunning

13. Guarantee and warranty

You allow us, Loidhold GmbH, Fohregg 1, 3244 Ruprechtshofen, Austria, with your order, the personal data you provided during the ordering process (such as name, home address, telephone number, email address) for the purpose of shipping, accounting, Dunning, customer care, advice and for the purposes of market observation and the optimization of the sales system and advertising measures as well as for our customer file to store and process electronically. We will not pass your data on to third parties for advertising purposes.

With your order, you agree that you will be contacted by us by post, email or telephone to send advertising and offer services 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 regarding the topicality, correction and deletion of your personal data to these addresses, as well as direct all requests for information.

13 Important information about our products: Floods, floods or generally higher amounts of water are caused by excess water from storms or structural damage and are unpredictable. We cannot guarantee that our offered products avoid or prevent damage and cannot give any guarantee or warranty in this regard.