General terms and conditions of business
member service
Media owner, editor and publisher: Christoph Rosenberger
Status: March 2022
VAT number: ATU40529308
Legal form: sole trader
Company headquarters: Auf der Schottenwiese 7, 1160 Vienna
T: +43 (0) 699 100 800 78
E: c.rosenberger@rettungshunde.at
§ 1 Scope
(1) The following “General Terms and Conditions” (GTC) apply in the version valid on the day of the order for all purchase contracts between Christoph Rosenberger and his customers. Deviating agreements must be in writing. By submitting his order, the customer agrees to these terms and conditions and is bound by them.
(2) Should individual provisions of these General Terms and Conditions be wholly or partially invalid due to mandatory statutory provisions, the remaining provisions of these General Terms and Conditions shall remain valid without change.
§ 2 Conclusion of contract
Christoph Rosenberger reserves the right to change the content of the respective range of services at any time. All offers are non-binding and should be understood as an invitation to the customer to submit an offer himself. The contract is concluded when Christoph Rosenberger accepts the order, either by sending an order confirmation by post, fax or e-mail or by sending the ordered goods directly.
§ 3 Contract language
The content of the contract, all other information, customer service and the handling of complaints are all offered in German.
§ 4 Right of withdrawal in distance selling
(1) Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from the purchase within 14 days of receipt of the goods without giving reasons.
It is sufficient if the declaration of withdrawal is sent within the deadline without giving reasons (to be sent to c.rosenberger@rettungshunde.at).
(2) In the event of withdrawal, the purchase price will only be refunded step by step against return of the goods received by the customer. Both the return of the goods and reimbursement of the purchase price must be made within 14 days of the declaration of withdrawal or return of the goods. The condition for this is that the goods are unused and can be resold as new.
(3) In the case of items that are impaired or damaged by signs of use, Christoph Rosenberger will charge an appropriate fee for the depreciation.
(4) There is no right of withdrawal for audio or video recordings (e.g. CDs, video cassettes, DVDs,…) or software that have been unsealed by the customer, nor for services that have been transmitted online.
(5) Address inquiries, information, data information and complaints to c.rosenberger@rettungshunde.at.
§ 5 Prices
(1) In principle, the purchase price for the ordered goods is deemed to be agreed, which results from the current brochures, catalogues, price lists, web shop and similar publications by Christoph Rosenberger.
(2) Unless otherwise stated, all prices are gross daily prices “ex works”, including statutory sales tax, excluding all expenses incurred with shipping.
(3) Should export or import duties become due in the course of shipping, these are also at the expense of the customer. The prices for the deliveries and services offered do not include costs charged by third parties.
(4) Sales to customers outside the EU do not incur any sales tax. However, these customers must pay the respective national import duties. In the case of sales to entrepreneurs within the EU, no Austrian sales tax is due with proof of the UID, they have to pay the sales tax in their home country.
§ 6 Terms of Delivery
(1) Delivery is normally made within 7 working days of the customer’s order, but in any case within 30 days of the order date. If we are unable to accept an order – for example due to the unavailability of the goods – we will inform the customer immediately.
(2) Delivery is made to the address specified by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, he shall bear all the costs incurred as a result.
§ 7 Terms of Payment
(1) Unless otherwise agreed, invoices are due online immediately and free of deductions and charges.
(2) Billing is in euros.
(3) The statutory (default) interest according to § 1333 Para. 1 ABGB is 4% annually for non-merchants according to § 1000 Para. 1 ABGB. – According to § 1333 Para. 2 ABGB, the statutory interest on arrears “between entrepreneurs from entrepreneurial transactions” (= two-way commercial transactions) is 8% “above the base interest rate” (i.e. currently a total of 10.2%).
In the event of a delay in payment, the customer is obliged to reimburse Christoph Rosenberger for all reminder and collection fees incurred as a result of this delay in payment for appropriate legal prosecution. Christoph Rosenberger reserves the right to claim higher damages caused by delay.
(4) Response time for complaints: Inquiries will be answered within 7 working days.
§ 8 Warranty
The warranty is based on the statutory Provisions (24 months from receipt of goods). If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delay), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
§ 9 Bearing the risk for deliveries to consumers within the meaning of the KSchG
When the goods are shipped, the risk of loss of or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods are handed over.