General Terms & Conditions of Business

 General Terms & Conditions of Business

§ 1 General

  1. These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Hoeller Electronics e.U., Am Dorferberg 45, 4591 Molln, Austria (hereinafter referred to as „seller“) and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (as per Austrian Consumer Protection Act). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.
  2. The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The order data and General Terms and Conditions are sent to the customer by email.
  3. The seller reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against the seller are excluded.
  4. The contractual language is German.

§ 2 Delivery

  1. If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of Austrian Consumer Protection Act, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
  2. The stated prices are final prices plus shipping costs. In accorcance with § 6 Abs. 1 Z 27 UStG the seller doesn’t charge sales tax (on account of the small business exemption regulation).
  3. Shipping costs depend on the country of the delivery address. The shipping costs can be calculated on the cart page without triggering an order. Additional customs duties and charges for deliveries to countries outside the European Economic Area (third countries) shall be borne by the customer.
  4. The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the Austrian Code of Corporate Governance. Customers who are merchants within the meaning of the Austrian Code of Corporate Governance must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.

§ 3 Statutory Right of Withdrawal

  1.  Consumers have a statutory right to withdraw from distance selling contracts that goes as follows:

    Statutory Right of Withdrawal

    You are entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which you or a third party you have appointed, who is not the carrier, takes possession of the final goods delivered.

    In order to exercise your statutory right of withdrawal, you must notify us (Hoeller Electronics e.U., Am Dorferberg 45, 4591 Molln, Österreich, dieter@songbirdfx.com) of your decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail or email). You may use the withdrawal form attached for this purpose; however, it is not obligatory that you do so.

    The withdrawal deadline shall be deemed to be met if you have sent the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.

    Consequences of Withdrawal

    If you withdraw from this Contract, we must reimburse you for any payments we have received from you, including delivery costs (excluding the additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this Contract. We will use the same payment method you used for the original transaction in order to reimburse you unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund.

    We may withhold the reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

    You must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which you notify us of your withdrawal from this Contract. The deadline is deemed to be met if you send the goods before the expiry of the fourteen-day deadline. You bear the costs of returning the goods.

    You will only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.

    Exlusions from the Statutory Right of Withdrawal

    The statutory right of withdrawal shall not apply in the following cases:

    • Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
    • Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
    • Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
    • Delivery of newspapers, journals or magazines, excluding subscription contracts.
  2. Withdrawal Form

    If you wish to withdraw from the contract, please complete and return this form to:

    • To:
      Hoeller Electronics e.U.
      Am Dorferberg 45
      4591 Molln
      AUSTRIA
      dieter@songbirdfx.com
    • I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of purchase of the following goods:
    • Ordered on(*)/received on (*)
    • Name of customer(s)
    • Address of customer(s)
    • Signation of customer(s) (only necessary on notification on paper)
    • Date

    (*) Delete as applicable.

§ 4 Warranty and compensation

  1. Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by the seller are not covered by the warranty.
  2. Signs of wear and tear from normal use are also excluded from the warranty.
  3. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
  4. Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
  5. The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months unless the seller is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health. If the customer is a business, the warranty period for new items shall be one year and six months from the transfer of risk, and for used items six months from this date, unless the customer is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health.
  6. Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
  7. The seller shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the seller or a vicarious agent (e.g. the delivery service) of the seller. Any further liability for damages shall be excluded. The provisions of the Austrian Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of the seller shall be limited to foreseeable damage.

§ 5 Due date and payment terms

  1. Unless otherwise agreed in writing, invoices from the seller must be paid in full without delay. Payment is to be made in cash on delivery. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.
  2. The seller reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. The bank fees must be borne by the customer.
  3. If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If the seller is able to prove that greater damages were suffered as a result of the default, the seller shall be entitled to assert the corresponding claims on these grounds.

§ 6 Retention of title

  1. If the customer is a merchant within the meaning of the Austrian Commercial Code, the goods supplied shall remain the property of the seller until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, the seller shall reserve the right of retention for the goods until the purchase price has been paid in full.
  2. The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of the seller at risk until the purchase price has been paid in full. The customer hereby assigns to the seller any future claims against the buyer in the amount of the purchase price agreed between the seller and the customer, including interest and ancillary payments. The seller accepts this assignment.

§ 7 Choice of law and place of jurisdiction

  1. Austrian Law shall exclusively apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
  2. Place of jurisdiction is Kirchdorf/Krems.

§ 8 Closing Provision

If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.