GENERAL TERMS AND CONDITIONS FOR TRADING IN THE INTERNET SHOP OF THE SALZBURG RESIDENZGALERIE GMBH
(valid from 1.1.2005)
Residenzgalerie Salzburg GmbH
VAT: AT U66911167
These general terms and conditions apply to the sale and delivery of goods by the Salzburg Residenzgalerie. Differing conditions of purchasers are valid only if we have agreed to these in writing and undersigned them. Placing an order implies agreement to our terms and conditions.
In legal transactions according to Austrian consumer protection law, these terms and conditions apply in so far as they are not contrary to the mandatory conditions of the consumer protection law.
LANGUAGE OF CONTRACTS
Contracts, all information, customer service and handling of complaints will be offered in German and English.
Prices stated are subject to change and are valid until revoked. Unless otherwise stated, all prices shown are gross prices (EXW), including VAT. Postage or transport costs are not included.
The purchaser is liable for all charges arising from transport, export and import.
Purchasers outside the European Union do not pay VAT, but are liable for import duty in their own country. Upon proof of a VAT identification number, business people within the European Union are not liable for Austrian VAT, but must pay VAT in their own country.
RIGHT OF WITHDRAWAL
Consumers in terms of the consumer protection law are entitled to withdraw from the contract without giving reasons, within seven working days of delivery of the goods. It is sufficient to send a declaration of withdrawal within this period of time.
In the case of withdrawal, we will refund the full price DVP upon receipt of the returned goods.
Should the goods have already been used, an appropriate reduction will be made in the refund.
Please note that our service offering may be subject to alteration at short notice. Should goods ordered not be in stock, or should there be a delay, we will inform the customer immediately.
If part of an order is delayed or not in stock, the goods available will be delivered immediately; the remainder will follow as soon as possible. Postal or transport charges will be made separately.
Our delivery times within Austria are 2 to 3 working days; in other EU countries, 5 to 7 working days. Delivery to other countries may take up to 3 weeks.
Forwarding charges are calculated according to weight.
METHODS OF PAYMENT
Online payment is not possible. Within Austria, payment may be made by pay-in slip or credit card. Payment from abroad should be made by bank transfer, or by credit card, details being supplied by the customer by means of his own choice. The Salzburg Residenzgalerie will contact the customer for this purpose. Goods will be dispatched only when the invoiced amount has been registered in our account. Goods will be reserved for the customer for 4 weeks from the date of invoice.
We are subject to the regulations of the Austrian data protection law. Customers' personal details will be stored and processed exclusively for the purpose of implementing the contract (payments, accounting, customer files, etc.) and for the fulfilment of legal requirements.
RESERVATION OF PROPRIETARY RIGHTS, WARRANTY, LIABILITY, GUARANTEE
The goods remain the property of the Residenzgalerie until payment has been made in full. Until such time, the customer may not resell or pawn the goods, nor allow any third party rights thereto.
We guarantee within the legal periods that the goods supplied are free of defects. Any faults will be rectified by exchange of defective goods.
We are liable for defects only in the case of deliberate acts or gross negligence, unless personal injury is involved.
If no consumer transaction is involved, proof of slight or gross negligence lies with the injured party.
APPLICABLE RIGHTS, PLACE OF JURISDICTION
This contract is subject to Austrian law. Disputes arising from the contract shall be settled in the Salzburg district court.
Consumers in terms of the Austrian consumer protection law, normally resident in another EU member country, are subject to mandatory regulations of their country of residence as well as to those under Austrian law. They may also bring an action against us before the courts of that country. If, however, they were resident in Austria at the time of conclusion of the contract, actions may be brought only before Austrian courts.
PLACE OF FULFILMENT
The place of fulfilment for all services arising from the contract is Salzburg.
We recognise the Internet ombudsman and the Austrian E-Commerce Trust Mark Association as the extrajudicial arbitration board. Further questions concerning mediation should be addressed to email@example.com or to the Internet ombudsman at www.ombudsmann.at http://www.ombudsmann.at/