– General Terms and Conditions –
1. SCOPE OF APPLICATION
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all deliveries and services rendered by CRISTALLO Glas GmbH on account of and in connection with orders placed with the online shop of CRISTALLO Glas GmbH. Supplementary or deviating terms and conditions of the customer shall require CRISTALLO Glas GmbH’s explicit written and duly signed acknowledgement in order to become legally effective and valid.
2. CONCLUSION OF CONTRACT
2.1. The conclusion of the contract shall be made exclusively in German language. All offers submitted by CRISTALLO Glas GmbH are without commitment and non-binding, and at most should be viewed by the customer as an invitation to draw up an offer (hereinafter referred to as the “order”). CRISTALLO Glas GmbH shall also be entitled to accept such orders only partially.
2.2. Placing an order shall only be possible if all mandatory fields of the online order form (marked with an asterisk) are entirely and correctly completed. Prior to submitting the order, the customer shall receive a summary and overview of the order with price indication. This summary can still be modified and corrected by the customer. The receipt of the order by CRISTALLO Glas GmbH shall be confirmed by means of an automatically sent email to the email address indicated by the customer which shall, however, not constitute an acceptance of the order. Orders are accepted and processed by CRISTALLO Glas GmbH only during the normal business hours (Monday – Friday from 8:00am till 04:00pm with the exception of statutory holidays in Austria). If orders are placed outside business hours, they shall be deemed to have been received on the following business day upon commencement of the normal working hours. The customer shall be obliged to ensure the proper acceptance and take-over of the ordered goods.
2.3. The contract on the customer’s order shall be concluded upon its acceptance by CRISTALLO Glas GmbH by means of an order confirmation sent via email to the email address indicated by the customer. The respective order confirmation contains an order number to be indicated by the customer in all further correspondence with CRISTALLO Glas GmbH.
3. CONTRACT LANGUAGE
The contents of the contract, customer services and the processing of complaints are offered and provided in German language.
4. RIGHT OF WITHDRAWAL IN RESPECT OF DISTANCE SELLING
4.1. Customers who are consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – „KSchG“) may withdraw from the concluded contract within a period of 7 business days from receipt of the delivered goods. It shall be deemed to be sufficient if the notice of withdrawal and cancellation is dispatched within the period mentioned above without stating any reasons, either via e-mail to email@example.com or via telefax to the following number +43 3453 3767 10, and indication of the respective invoice number. Should the customer not receive a confirmation of the contract withdrawal on the part of CRISTALLO Glas GmbH within 2 business days due to possible technical problems, CRISTALLO Glas GmbH requests you to submit a second e-mail to firstname.lastname@example.org or please send a fax to the following number +43 3453 3767 10.
4.2. In the event of a withdrawal, a refund of the purchase price will only be made on a step by step basis against the return consignment of the goods delivered to the customer. The goods must be in their original packaging, unused and in a condition in which they can be resold as new. They must be returned to CRISTALLO Glas GmbH, Untere Hauptstraße 16, 8462 Gamlitz, Austria.
4.3. Goods that are impaired by traces of use or otherwise damaged may not be returned. The same shall apply, if accessories (including original packaging) are missing upon the return of the goods.
5.1. All prices shall be deemed to be gross prices inclusive of statutory VAT.
6. DELIVERY & DELIVERY PERIOD
6.1. The shipping via DPD courier shall be performed at the customer’s risk and to the delivery address indicated by the customer upon placing of the order. In case of incorrect, incomplete or unclear address details provided by the customer, he/she shall be obliged to bear all expenses arising thereof.
6.2. The indication of delivery dates is non-binding. In cases where CRISTALLO Glas GmbH is unable to accept an order – e.g. due to non-availability of the items – the customer will be notified immediately of such occurrence by CRISTALLO Glas GmbH.
6.3. Any and all unforeseeable circumstances or circumstances independent of the parties’ intent, such as, e.g., all cases of force majeure and similar events as well as delays in deliveries from sub-suppliers for whatsoever reasons shall extend the delivery period for the duration of the impediment.
7. TERMS OF PAYMENT
The customer may make the payment for the goods through credit card (Visa, Master Card) or via direct bank transfer without any deductions (discount or similar).
8. WARRANTY FOR DEFECTS & DAMAGES
The statutory rules and provisions shall apply to warranty claims arising from defects.
CRISTALLO Glas GmbH shall assume unlimited liability for intent or gross negligence. Insofar as CRISTALLO Glas GmbH violates an obligation which is a substantial part of the contract by negligence, our obligation to provide compensation shall be limited to the predictable damage typical of the contract upon its conclusion. Essential contractual obligations include duties which are a prerequisite for the proper fulfilment and execution of an agreement and upon which compliance the customer may rely under normal circumstances. This limitation shall not apply in relation to claims arising from injury to life, body or health of a person or in connection with the liability pursuant to the Product Liability Act. To the extent that the liability of CRISTALLO Glas GmbH is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
9. RETENTION OF TITLE
The delivered goods shall remain the property of CRISTALLO Glas GmbH until full payment of the purchase price including all additional fees has been made.
10. DATA PROTECTION & ADVERTISING
10.1. The employees of CRISTALLO Glas GmbH shall be bound by the obligations on confidentiality of the Data Protection Act.
10.2. The customer acknowledges that the utilization of the customer data indicated in the contract may be stored and processed for accounting purposes and customer evidence. These data will be used for the fulfilment of statutory provisions, contractual obligations and the processing of payment transactions. The contractual partners of CRISTALLO Glas GmbH have been instructed about these data protection provisions and are obliged accordingly.
10.3. The customer agrees that the customer data contained in the contract may be used for marketing activities exclusively by CRISTALLO Glas GmbH for the purpose of further developing the offered services and providing an optimal customer service and support. The customer shall be entitled to revoke his/her consent at any time. The customer further agrees that he/she may be contacted by CRISTALLO Glas GmbH for advertising purposes via e-mail under the email address indicated in the order. This consent may be revoked at any time. The receipt of messages via e-mail may be rejected at any time free of charge.
11. LEGAL BASIS
These Terms and Conditions shall be governed exclusively by Austrian law excluding the rules on conflict of law and the United Nations Convention on Contracts for the International Sale of Goods (UNCISG).
12. MISCELLANEOUS PROVISIONS
12.1. Should one or several provisions of these General Terms and Conditions become entirely or partially ineffective due to mandatory statutory provisions, this shall not affect the validity and effectiveness of the remaining provisions in these General Terms and Conditions. The parties shall commit themselves to immediately agree upon a new effective provision that comes as close as possible to the economic purpose of the ineffective provision.
12.2. In order to avoid corresponding damage compensation obligations, the customer shall be obliged to notify CRISTALLO Glas GmbH immediately in writing of any changes of name, address or changes of residence. In case of failure to do so, each written communication sent to the last address supplied by the customer shall be considered adequate for the requirements of an effective delivery. Any transfer of rights resulting from the contract concluded with CRISTALLO Glas GmbH to third parties shall require the written consent of CRISTALLO Glas GmbH.