General
Terms and Conditions
Online Shop
1 Definitions and scope of application
1.1 stonearts® GmbH is hereinafter referred to as the "Seller".
1.2 "Buyers" are natural persons who do not intend to conclude or have concluded a contract with stonearts GmbH as seller within the framework of a company for the purchase of acoustic panels, other building materials or additional products (hereinafter referred to as "object of purchase").
1.3 These General Terms and Conditions are an integral part of every offer made by the Seller, every order placed by the Buyer and every purchase agreement (hereinafter referred to as "Agreement") that is subsequently concluded between the contracting parties in whatever form. In particular, these General Terms and Conditions shall also apply to pre-contractual business relationships (CULPA IN CONTRAHENDO). These General Terms and Conditions are only applicable in the B2C sector.
1.4 Reservations or comments made by the Buyer with regard to the validity of these General Terms and Conditions shall not be accepted unless their validity is expressly agreed in writing, stating the specific reservations or comments to be applied. If the Seller executes the purchase order (even partially), these General Terms and Conditions shall apply exclusively.
1.5 These General Terms and Conditions shall apply to the entire business relationship between the Seller and the Buyer unless they are waived by mutual agreement between the parties. This shall also apply if no express reference is made to them in future orders.
1.6 The currently valid General Terms and Conditions can be accessed and printed from the seller's website (www.stonearts.at/allgemeine-geschaeftsbedingungen).
2. delivery and availability of goods
2.1 The subject matter of the contract is the goods specified by the buyer in the order and stated in the order confirmation at the prices shown there. The information in the webshop is not binding, in particular with regard to the availability of goods/delivery period.
2.2 The quality of the ordered goods is determined by the respective product descriptions in the online store. Illustrations on the website do not necessarily reflect the actual quality of the products. Minor deviations from the technical data, weight, dimension and performance descriptions shown in the online store do not constitute defects in the delivered goods.
2.3 The stated delivery times are calculated from the time of the order confirmation, provided that - except in the case of purchase on account - the purchase price has been paid in advance. If no delivery time is specified for the respective product, this shall be 14 days.
2.4 If no copies of a selected product are temporarily available at the time of the order, the buyer will be informed of this immediately in the order confirmation. If the product is not available for more than two weeks, the buyer is granted the right to withdraw from the contract. In this case, the seller also reserves the right to withdraw from the contract. Any further statutory rights of withdrawal are not affected by this. Payments already made will be refunded immediately.
2.5 If the product is permanently unavailable, the buyer will be informed.
2.6 In the case of goods delivered by a forwarding agent, delivery to the nearest public curb to the delivery address shall be deemed agreed. The buyer must ensure that proper unloading is possible and, if necessary, provide the necessary technical aids.
2.7 The seller reserves the right to refuse delivery of individual items or the entire order to certain countries.
3. prices and shipping costs
3.1 The prices listed at the time of the order shall apply. The prices quoted are final prices, i.e. they include the applicable statutory value added tax.
3.2 There is no entitlement to price reductions of any kind (in particular discounts, rebates). Anything to the contrary shall only apply if a price reduction has been expressly agreed in writing.
3.3 The shipping costs are specified in the order process and are to be borne by the buyer.
3.4 Should a product or an order not be suitable for parcel delivery and therefore have to be shipped by a forwarding agent, the buyer will be informed of the exact delivery costs. The purchase contract is only concluded when the buyer also accepts these shipping costs.
3.5 In the event of withdrawal (see point 13), the buyer shall bear the costs of returning the goods.
4. payment methods
4.1 The following payment methods are generally offered:
- Bank transfer
- PayPal
- Credit card (VISA, Master Card, Maestro Card)
- Klarna
4.2 The choice of available payment methods is the responsibility of the seller. In particular, the seller reserves the right to offer the buyer only certain payment methods.
4.3 Unless otherwise agreed, the invoice amount is due within 14 days of receipt of the invoice. Depending on the method of payment, the following provisions shall apply.
4.4 Payments by bank transfer shall be made at the risk of the Buyer and must be arranged by the Buyer in good time so that they reach the bank account specified by the Seller by the due date.
4.5 When paying with PayPal, the buyer will be redirected to the website of the provider PayPal during the ordering process. In order to be able to pay the invoice amount there, registration with PayPal must be available or this must be carried out. After placing the order, PayPal is requested to initiate the payment transaction. The buyer receives further instructions directly during the order process. The payment transaction is carried out automatically by PayPal.
4.6 When paying by credit card, the purchase price is reserved on the buyer's credit card at the time the order is placed. The credit card account is actually debited at the time the goods are actually dispatched to the buyer.
4.7 The buyer shall bear the transaction costs himself. In particular, the buyer shall also bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details.
5. default, loss of deadline
5.1 If the due date for payment is determined by a calendar date, the Buyer shall be in default as soon as this date is missed. In this case, default interest in the amount of 5 percentage points above the base interest rate shall be deemed agreed. The Seller's right to claim further damages for default shall remain unaffected by the payment of default interest.
5.2 If the Buyer has to pay the purchase price and/or ancillary costs in installments or in instalments, a delay of more than 5 working days with even only part of a payment - irrespective of any fault on the part of the Buyer - shall result in the loss of the deadline, so that the Seller may demand immediate payment of all outstanding purchase price installments and ancillary costs from the Buyer.
6. offsetting and right of retention
6.1 Offsetting against claims with counterclaims of any kind whatsoever is excluded. However, this shall not apply in the event of the seller's insolvency or to counterclaims that are legally related to the purchase price claim, have been established by a court of law or have been recognized by the seller. In these cases, consumers have the option of offsetting.
6.2 The Buyer shall not be entitled to any rights of retention over and above the statutory rights of retention. Justified complaints shall not entitle the Buyer to withhold the entire invoice amount, but only a reasonable part thereof.
7. transportation damage
7.1 The risk of transportation shall pass to the buyer as soon as the goods are delivered to him or to a third party designated by him, other than the carrier. If the buyer has concluded the contract of carriage himself without making use of an option offered, the risk shall pass to the carrier or the buyer upon delivery of the goods.
7.2 If the goods are delivered with obvious transport damage, the buyer is obliged to complain about these defects immediately to the deliverer and have them confirmed. This regulation has no effect on the warranty rights to which the buyer is legally entitled.
8 Warranty and compensation
8.1 The Seller shall be liable for material defects in accordance with the applicable statutory provisions.
8.2 The products sold by the Seller comply with the relevant provisions of the EU directives and regulations (CE). Notwithstanding this, it is the Buyer's responsibility to ensure that the products are properly installed or processed in accordance with the applicable regulations and to obtain any necessary official permits at its own expense. The Seller shall not be liable for damage caused by improper installation or improper processing of its products.
8.3 The Buyer shall fully indemnify and hold the Seller harmless from and against all third-party claims arising from improper installation or improper processing of the Seller's products - in particular product liability claims.
9. product liability
9.1 Any recourse claims made against the Seller by contractual partners or third parties on the basis of "product liability" within the meaning of the Product Liability Act shall be excluded, unless the party entitled to recourse proves that the defect was caused in the Seller's sphere and was caused either by gross negligence or willful misconduct.
10 Retention of title and delivery
10.1 The delivered goods remain the property of the seller until full payment has been made.
10.2 The Buyer is only permitted to resell, pledge and process goods subject to retention of title with the express written consent of the Seller.
10.3 The retention of title shall not be lost by combining goods subject to retention of title with other items not belonging to the Seller. This shall also apply in the event that the delivered goods become a dependent component of an item belonging to the Buyer or a third party as a result of the combination. In this case, the retention of title shall continue to exist as co-ownership of the entire item in the ratio of the value of the delivered goods to the value of the other item at the time of combination.
10.4 In the event of default by the Buyer, the Seller shall be entitled to assert its rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless the seller expressly declares the withdrawal from the contract.
11. withdrawal in the event of default
11.1 If a delivery period is exceeded by more than eight weeks due to the seller's fault, the buyer may set the seller a grace period of at least 30 days by registered letter and withdraw from the contract if this period expires without result.
11.2 If the Seller is not at fault, the Buyer shall be entitled to claim damages after the expiry of 6 months from the originally agreed delivery date.
11.2 If the Seller is not at fault, both parties to the contract shall be entitled to withdraw from the contract after 6 months from the originally agreed delivery date if the maintenance of the contract has become unreasonable for the party exercising its right of withdrawal. This does not apply to delays caused by an event of force majeure, such as epidemics or natural disasters. Force majeure events shall postpone the agreed delivery date by the duration of the force majeure event without the need for a separate agreement between the parties. The buyer is not entitled to withdraw from the contract if the delay in delivery is due to a force majeure event.
11.3 In the event of withdrawal from the contract by the Buyer, the Seller shall only be obliged to refund any advance or partial payments received, to the exclusion of any other claims by the Buyer.
11.4. If the buyer is in arrears with the payment of the purchase price, parts thereof or with the payment of ancillary costs, the seller shall be entitled, even if he has already handed over the object of purchase to the buyer, to withdraw from the contract even without prior warning of withdrawal, to withdraw from the contract after granting a one-week grace period and, at its discretion, to demand either compensation for the actual damage incurred, including lost profit, or a cancellation fee of 15% of the full purchase price (including VAT without deduction of discounts and the like) as a contractual penalty not subject to judicial moderation.). This claim to the cancellation fee shall exist irrespective of the existence of fault on the part of the Buyer and without prejudice to further claims on the part of the Seller, such as the claim for return under property law and further claims for damages.
11.5 In the event of withdrawal from the contract, the object of purchase must be returned to the seller by the buyer free of defects and without signs of use. The Buyer shall bear the costs and risk of the return until the object of purchase is handed over to the Seller.
12. right of withdrawal of the buyer according to the FAGG
12.1 The buyer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery.
12.2 In order to exercise the right of withdrawal, the buyer must inform stonearts® GmbH, Spohrstraße 29/23/1, 1130 Vienna, e-mail: office@stonearts.at by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of the exercise of the right of withdrawal. The attached sample withdrawal form can be used for this purpose, but this is not mandatory.
12.3 If the buyer makes use of this option, a confirmation of receipt of the revocation will be sent to him immediately (e.g. by email). In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
12.4 If the right of withdrawal is exercised, the seller must refund all payments made so far, with the exception of payments for transportation, immediately and at the latest within fourteen days from the day on which the seller receives notification of the withdrawal from the contract. The same means of payment chosen by the buyer in the original transaction shall be used for this repayment, unless expressly agreed otherwise. Under no circumstances will the buyer be charged a fee for the refund. Repayment may be withheld until the seller has received the goods back or until the buyer has provided proof that he has returned the goods, whichever is the earlier.
12.5 The Buyer shall return or hand over the goods to the Seller immediately and in any case within fourteen days of the day of revocation at the latest.
12.6 The deadline is met if the goods are dispatched before the period of fourteen days has expired.
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us)
To stonearts® GmbH, Spohrstraße 29/23/1, 1130 Vienna, e-mail: info@stonearts.at
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods (*)
--- Ordered on ()/received on ()
--- Name of the consumer(s)
--- Address of the consumer(s)
--- Date
(*) Delete as appropriate
End of the withdrawal policy
13. data protection
13.1 The Seller and the Buyer are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR) and any other statutory confidentiality obligations.
13.2 The seller processes the personal data required for the purpose of fulfilling the contract. The detailed data protection information (data protection notice) pursuant to Art. 13 et seq. of the GDPR can be found on the Seller's homepage.
13.3 The Buyer is obliged to take all necessary data protection measures, in particular those within the meaning of the GDPR (e.g. obtaining the declaration of consent of the data subjects), so that the Seller may process the personal data for the purpose of the contractual relationship.
14 Place of performance, contract language, choice of law, place of jurisdiction
14.1 The place of performance is the registered office of the seller.
14.2 The contract language is German.
14.3 The contracting parties agree to Austrian domestic jurisdiction. The competent court at the registered office of the seller shall have exclusive local jurisdiction for all disputes arising from this contract. This choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the country in which the customer has his domicile or habitual residence.
14.4 This contract shall be governed by Austrian substantive law to the exclusion of the conflict of laws rules of private international law (e.g. Rome Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods.
15. final provisions
15.1 Should provisions of this contract be legally ineffective, invalid and/or void or become so in the course of its term, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void provision with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
15.2 All declarations of a legally binding nature based on this contract must be made in writing to the address of the respective other contractual partner last notified in writing. If a declaration is sent to the address last notified in writing, it shall be deemed to have been received by the respective contractual partner.
15.3 The designation of the headings chosen for the individual chapters is solely for the sake of clarity and is therefore not to be used for the interpretation of this contract.
15.4 The assignment of individual rights and obligations under these GTC is only permitted with the express written consent of the other contracting party.