1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) with the sole proprietorship Jörg Brandstätter (business name: holzweltkarten.at) (hereinafter referred to as “Seller”) shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods and/or services presented by the Seller in this online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless expressly provided otherwise.

1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of digital content, unless expressly provided otherwise. Digital content within the meaning of these GTC is all data not located on a physical data carrier that is produced in digital form and provided by the seller.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.5 The product descriptions of the seller contained in this online store do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

1.6 The customer can submit the offer via the online order form integrated in this online store. In doing so, after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

1.7 In case of conclusion of a contract, the contract shall be concluded between the customer and the company Jörg Brandstätter (holzweltkarten.at) with its registered office in Pater-Schwartz-Gasse 11a, 1150 Vienna.

1.8 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these GTC. The invoice is also sent by mail. The customer agrees to an invoice transmitted electronically with the submission of the order. Orders are stored by the seller for 24 months after the customer order. In case the customer loses his order documents, the customer can contact the seller by e-mail/fax/telephone. The seller will send the customer a copy of the order data.

1.9 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries during the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

The information provided by the customer in the context of the order, are the basis for the preparation of the invoice. Requests for changes to an invoice must be requested. Invoice changes for which the seller is not responsible will be charged with 10,00 € per change.

1.10 Only the German language is available for the conclusion of the contract.

1.11 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2. prices and terms of payment

2.1 The list prices at the time of the order shall apply to the delivery. Unless otherwise stated in the Seller’s offer, the prices quoted are final prices which include the statutory value added tax or insurance tax and are exclusive of VAT. Shipping costs, cash on delivery charges if applicable, transaction costs, installation and training costs, etc. Depending on the shipping method, the shipping costs are calculated depending on the size, weight and number of packages.

2.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

2.3 The customer has various payment options available to him, to which he is referred in this online store. Depending on which online store of the seller the customer places his order, the offer of payment methods may vary.

2.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

2.5 The Seller reserves the right to expressly authorize a third party to request payment from the Customer or to collect payment. If such a case exists, the payment made to the third party shall at the same time be deemed to discharge the seller from debt.

2.6 A payment shall only be deemed to have been made when the Seller or the third party authorized by the Seller can dispose of the amount. In the event of a delay in payment, the Seller shall be entitled to charge default interest for consumers at a rate of 5 percentage points and for entrepreneurs at a rate of 9 percentage points above the respective base interest rate of the ECB pursuant to the Discount Transition Act. The seller reserves the right to also charge a flat rate of 40 euros in the event of default by the customer, who is an entrepreneur. This shall also apply if the payment claim is a payment on account or other installment payment. The lump sum in the amount of 40,- Euro shall be credited against any damages owed, insofar as the damage is justified in costs of legal prosecution.

Bills of exchange or checks shall only be accepted by agreement and on account of performance and shall only be deemed payment after they have been successfully cashed.

Discount and collection charges shall be borne by the customer. The seller assumes no liability for the timely submission.

2.7 The customer, who is an entrepreneur, shall only be entitled to fulfill the obligation to pay the purchase price by offsetting if his counterclaims have been legally established or are undisputed. Furthermore, he shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

2.8 Refunds of the purchase price shall be made, as far as possible, by the same payment method as the payment was made by the Customer to the Seller. Excluded from this is the payment by cash on delivery. In this case, the refund will be made by bank transfer to the customer’s bank account.

3. delivery and shipping conditions, transfer of risk

3.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When placing an order via the Seller’s online order form, the delivery address specified in the online order form is authoritative. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

3.2 In the case of goods delivered by freight forwarding, delivery shall be made “free curbside”, i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online store and unless otherwise agreed.

3.3 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment.

3.4 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle only pass upon handover of the goods to the customer or a person authorized to receive them.

Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.

3.5 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. Seller shall use all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which the Seller is not responsible shall extend the delivery period in accordance with the duration of such obstacles. The Seller shall notify the Customer of the beginning and end of such period without undue delay in important cases. If necessary, the delivery can also be extended by the time until the customer has handed over all information and documents necessary for the execution of the order.

3.6 In cases where the Seller offers self-collection as a shipping method, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s headquarters in Linden during opening hours. In this case, no shipping costs will be charged.

3.7 Partial deliveries by the Seller are permissible insofar as they are reasonable for the Customer.

3.8 The Seller may determine the method of shipment, the shipping route and the company entrusted with the shipment at its discretion, unless the Customer gives express instructions.

4. right of withdrawal

4.1 Consumers are generally entitled to a right of withdrawal.

4.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.

5. refusal of acceptance by the contractor

5.1 If a customer who is an entrepreneur does not accept the sold goods, the seller shall be entitled to insist on acceptance or to demand 10% of the purchase price as a lump-sum compensation for damages and expenses, unless the customer proves that no damage or a lesser damage has been incurred. In case of exceptionally high damage, the seller reserves the right to claim it.

5.2 For the duration of the delay in acceptance by the Customer, who is an entrepreneur, the Seller shall be entitled to store the delivery items at the Customer’s risk on its premises, with a forwarding agent or with a warehouse keeper. During the period of default of acceptance, the customer shall pay to the latter, for the storage costs incurred without further proof, a flat rate of 15 euros per month. The lump-sum compensation shall be reduced to the extent that the customer proves that expenses or damage have not been incurred.

In case of exceptionally high storage costs, the seller reserves the right to claim them.

6. retention of title

6.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, it shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign all claims against third parties arising therefrom to the seller in advance in the amount of the respective invoice value (including value added tax).

This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. This shall not affect the Seller’s right to collect the receivables itself. However, the seller will not collect the receivables as long as the customer has not fulfilled his meets payment obligations towards the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

7. rescission in case of deterioration of assets

The Seller may withdraw from the contract if the Seller becomes aware of a suspension of payments, the opening of insolvency or composition proceedings, the rejection of insolvency for lack of assets, bill or check protests or other concrete indications of deterioration in the financial circumstances of the Customer.

18 Jurisdiction, Applicable Law, Partial Invalidity

18.1 In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks, shall be Vienna; the Seller shall also be entitled to bring an action at the Customer’s place of business.

18.2 Austrian law shall apply exclusively. In business transactions with consumers within the European Union, the law of the consumer’s domicile may also be applicable, provided that the provisions of consumer law are mandatory.

18.3 In the event that individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.