GENERAL TERMS & CONDITIONS OF SALE
Our terms and conditions are standard agreement terms. They are valid for all purchases through this website.
§ 1. Validity and Terminology
The following terms and conditions are applicable for the business relationship between Florian Ladsatetter (hereafter called "FLorian", "vendor" or "us/we") and the buyer ("you") at the time the order is placed. Any discrepancies or other general terms of agreement and/or conditions of the buyer are, irrelevant of their description, explicitly contradicted, unless we accept them specifically and in writing.
§ 2. Order, Contract, Payment
The FLorian website is merely an invitation to place an order to buy a Product. Your order constitutes an offer to us to buy a Product. Accepting your order through a written order confirmation by us constitutes a contract of sale.
The terms of contract vary for retailers (wholesale buyers) and consumers. For wholesale buyers, the terms mentined in paragraph 2.A will apply, for consumers the terms mentioned in 2.B.
§ 2.A. Wholesale Business
A1. With your order you explicitely agree to pay a deposit in the amount of 30% of the total order value.
A2. Failing to pay the deposit amount within 2 weeks after having received our order confirmation leads to cancellation of the contract of sales.
A3. The balance amount is due before delivery. Delivery will not start before full payment except other written agreement.
A4. Paid deposits will not be refunded in case of order cancellation by the buyer.
A5. The vendor may cancel parts of the order or the full order. In case of partly cancellation, the balance amount will be reduced for the value of the cancelled items. In case this reduction is bigger than the balance amount, the vendor will retransfer the surplus of the deposit payment to the buyer.
A6. Delivery terms for wholesale business is EXWORKS. The buyer will bear all costs for transport, risks of transport and any charges such as custom or taxes from the moment the products have been picked up from the warehouse of the vendor.
§ 2.B. Consumer Business
B1. You will be informed of the applicable dispatch costs by FLorian with our order confirmation. You must pay the dispatch costs.
B2. In a delivery to a non EU country you must also pay all additional import and export costs, as well as all duties, taxes and fees. Any foreign bank charges are also to be paid by the consumer. Taxes, duties and fees as well as handling charges by the carrier will not be refunded after a return of the Products.
B3. FLorian does not accept orders from customers under the legal age of 18.
B4. The vendor may cancel parts of the order or the full order. In case of partly cancellation, the invoice amount will be reduced for the value of the cancelled items.
B5. You can cancel your contract up to 14 days after receiving the Products without citing a reason by notifying us in writing (letter, fax, email) or by returning the Products to us. It is satisfactory if you notify us (in writing) of your intention to return the Products to us within this period. If you wish to return part or all of your Order a partial or full refund will only be paid when the Products have arrived at FLorian in their original, undamaged state.
B6. The returns must be sent to the following address:
Spedition Ohly, 1.UG
B7. Please note, you must take reasonable care of the Products whilst they are in your possession and, when returning products to us, you must ensure that they are in the same condition they were in when you received them (i.e. they must be unworn and returned with all labelling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation. This also applies if any parts are missing._There is no right of return if the original label was removed from the Product, as FLorian assumes that, in this case, the Product has been accepted. Returns can be sent by post or as judged suitable by the consumer.
B8. Refunds must be completed within 30 days. For the consumer this period begins after dispatching the Products or the request of return, for FLorian with receipt of the Returns.
B9. You cannot claim any right of return if the Product has been made specifically according to your wishes.
B10. The cost of returns are payable by the consumer. Should the Returns be sent by freight forward, FLorian has the right to charge you the relevant sum or deduct it from your refund.
B11. If there is a defect in the Product you have the right to ask for a supplementary performance (new delivery or removal of defect). FLorian is authorised to refer the consumer to a new delivery, if removal of the defect would mean a disproportional outlay.
B12. Commercial or technically unavoidable, material aberrations on quality, colour, size, finishing, or design of the Product are irrelevant. You have no right of return for such or other unavoidable deviations. Otherwise you must clearly state and prove why the deviation is considerable to you. You have no right of return if you have altered the Product in any way and the defect was the result of such an action.
B13. You have the right to guarantee claims by giving the order confirmation number, your name and address as well as a short description of the reason in an email to: email@example.com or by post to the following address:
Spedition Ohly, 1.UG
B14. You must send your Product to FLorian for examination if requested to do so. FLorian will cover costs and is liable for the product during this process. Please send it to the following address:
Spedition Ohly, 1.UG
B15. Please use the original packaging for the return. If the Product is made of various separate parts, please return it to its condition of delivery.
B16. Reservation of Property Rights
Until complete payment of the sale price the delivered Products remain the property of the FLorian. You must notify us immediately in writing if the Products have been pledged, confiscated or other interventions by a third party, and inform the third party of the reservation of property rights of the seller.
§ 3. Payment
You can pay for your order by credit card or bank transfer.
All payments and credits are transacted in EURO. Our partner for secure online payments is viveum:
§ 4. Law and Jurisdiction
All Contracts and Agreements between the consumer and Mühlbauer will be governed by Austrian Law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Place of execution is Vienna/Austria.
If individual terms in these terms and conditions of sale are or should become invalid, the effectiveness of the rest of the regulations remains unchanged. Instead of the invalid term, its appropriate corresponding term according to Austrian Law becomes effective.
§ 12. Supplier Identification
phone +43 699 12 15 99 54
fax +43 2772 55 608
Place of Jurisdiction: Vienna, Austria
VAT-ID Number: ATU37450708
Account number: 786780
Bank name: Raiffeisenbank Wienerwald BLZ 32667
Beneficary name: Florian Ladstaetter