Terms and Conditions of ALPENHEAT’s Web Shop
§ 1 Introduction
- All business transactions between the company ALPENHEAT Produktions & Handels GmbH (in the following called "ALPENHEAT") and the customer are subject solely to these terms and conditions. These terms and conditions are binding for all current and future business dealings with ALPENHEAT, even if no specific reference is made to them (as in verbal or telephone orders). Contrary terms of the customer (other conditions of purchase), even if they remain unchallenged, are not legally binding. Any changes and additional agreements (special conditions) require written confirmation by ALPENHEAT.
- All offers are subject to change, i.e. ALPENHEAT reserves the right to accept an order or reject it.
- The prices are fixed prices, however, ALPENHEAT has the right to charge the prices valid on the day of delivery and if this is not accepted by the customer to withdraw from the contract. ALPENHEAT’s price lists always contain non-cartelized prices. Packing costs, freight and postage will be charged separately.
§ 2 Payment
- Unless otherwise agreed, all invoices are payable in Euro.
- The different payment options are credit card, PayPal or immediate bank transfer. Advance payments will not accrue interest.
Data relating to the payment is processed in accordance with ALPENHEAT’s current data protection policy. The data is only used for the purposes indicated and will not be disclosed to third parties.
- The invoice amounts are payable immediately upon receipt without any deduction. When paying with a bill of exchange, ALPENHEAT is entitled to charge the usual bank charges.
- Cheques and bills of exchange only count as payment when they have been cashed.
- The customer can only off-set the amount against related liabilities when agreed to by ALPENHEAT.
Any warranty claim made by the customer or claim for alleged defects does not release the customer from their payment obligation, unless there is a final court decision. Payments from the customer will first be off-set against interest, expenses and other costs and on the least secure part of the claim. A statement to the contrary (specific purpose of the buyer) is not legally binding.
§ 3 Arrears
Should the customer be behind with payments, all deferred payment terms and all discounts given, also regarding other outstanding debts, are forfeitured and all ALPENHEAT claims are due immediately. As of the due date default interest of 9% per annum will be charged. Arrears by the buyer, even from other legal transactions, entitle ALPENHEAT to demand advance payment from the customer or to withdraw from the contract. Furthermore, ALPENHEAT can take back goods standing under their retention of title, this in itself does not constitute a withdrawal from the contract. The returned goods will be credited to the customer at their actual cash value. In case of delay in accepting the goods or default in payment all debt collection costs, including extrajudicial legal fees and expenses of bankruptcy protection organizations shall be borne by the customer.
§ 4 Retention of Title
The goods remain property of ALPENHEAT until full payment has been received.
Inter-mixing and manufacturing results in co-ownership of ALPENHEAT in the new product, according to the relative value of the components.
When the goods or the product arising out of the inter-mixing and manufacturing are resold as intended, the customer is obliged to reserve ALPENHEAT’s still existing title of (co-) ownership and agree to pay the respective purchase price to ALPENHEAT. Receipts of this kind will be credited to the customer. When goods are resold on credit the retention of title is passed on to the claim for the purchase price. The customer has to inform ALPENHEAT of the debtor and ALPENHEAT can inform the debtor of this step at any time. ALPENHEAT must be notified immediately of any measures which could jeopardize the retention of title (such as seizures), the third party also has to be informed of the existence of a retention of title.
§ 5 Delivery
Deliveries will be made by ALPENHEAT as quickly as possible depending on their operational facilities. Part-deliveries are permissible. Unavoidable events (e.g. force majeure, strikes, lockouts, etc.) and events not caused by ALPENHEAT, entitle ALPENHEAT to extend the delivery period and if need be to withdraw from the contract. With the delivery of the goods to the customer or delivery of the goods for shipment, the risk (e.g. loss, mitigation, damage, delay, etc.) is passed on to the customer. At the request of the customer, the goods can be insured for transport, the cost of insurance is borne by the customer. The type of insurance and the insurance sum are stipulated by the customer.
- For sales not concluded in a sales room (long-distance sales), in accordance with §§ 11 to 18 FAGG (law covering sales not concluded in a sales room) the customer has the right to withdraw from the contract within 14 working days without giving a reason.
- Cancellation policy:
- The customer has the right to withdraw from the contract within fourteen days without giving any reason.The cancellation period is fourteen days.The period begins on the day the customer receives the goods.
- In order to exercise the right of withdrawal, the customer must inform ALPENHEAT of the decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an e-mail).The customer can use the attached sample withdrawal form to do this, but it is not mandatory to use this form.The form can be downloaded here: Withdrawal_Form.pdf (alpenheat.com)
- In order to meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of withdrawal before the cancellation period expires.
- If the contract is revoked, all payments that ALPENHEAT have received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by ALPENHEAT) will be paid back immediately and at the latest within fourteen days from the day on which ALPENHEAT received the notification of withdrawal from this contract, providing ALPENHEAT have received the returned goods.For this re-payment, ALPENHEAT will use the same means of payment that the customer used in the original transaction, unless something else was expressly agreed with the customer;under no circumstances will the customer be charged for this re-payment.
- If the goods delivered by ALPENHEAT correspond to those ordered by the customer, then the customer has to pay the cost of returning the goods.
- The customer must return the goods to ALPENHEAT immediately and in any case no later than fourteen days from the day on which ALPENHEAT were informed of the cancellation of this contract.The deadline is met if the customer sends the goods back before the period of fourteen days has expired.
- The customer is liable for any diminished value of the goods resulting from the incorrect handling used to establish the nature, characteristics and functioning of the goods.
§ 7 Shipping
- Means of transport and place of dispatch are selected by ALPENHEAT. If the customer stipulates contrary terms, he must pay any additional costs.
- If the parcel is returned to Alpenheat because its delivery was refused or the parcel was not collected from a parcel shop or parcel box, the return transport costs must be paid by the customer and will be deducted from the original amount when the money is refunded.
- Alpenheat does not guarantee any delivery times as this is not within Alpenheat's scope of responsibility.
§ 8 Statutory Warranty
- The statutory warranty period begins on the date of purchase.
- Warranty claims have to be reported to ALPENHEAT immediately. Goods must be returned and in the absence of any contrary agreement, shipping costs are borne by the customer, ALPENHEAT will not accept any unpaid postage deliveries.
- Within the warranty period ALPENHEAT has the sole right to decide whether to repair the defect or exchange the product. The warranty period is not extended when repairs are carried out or the product is exchanged, neither does it begin anew.
- Exclusion and Limitations:
ALPENHEAT gives no warranty for damages caused by accidents, negligence or improper use. The following are also excluded from the warranty: textile wear, change of appearance, improperly made product modifications.
§ 9 Compensation
- Claims for damages against ALPENHEAT are excluded in all cases, except in the case of gross negligence by ALPENHEAT. Compensation for loss of profit or intangible damage is not possible.
- Claims for damages against ALPENHEAT have to be made within six months after the customer has become aware of the damage and the person causing the damage and have to be filed to court within 3 years. Should the customer file a claim for compensation against ALPENHEAT, the customer is obliged to prove the cause and fault.
- ALPENHEAT handles customer’s personal information with the greatest of care, respecting and protecting the customer’s privacy. Data and e-mail addresses are only used within the company and are not passed on to third parties. ALPENHEAT’s online shop uses encryption technology and secure servers to protect user privacy (SSL).
- Upon placing an order, the customer's mail address is passed on to the GLS-Group, so that the customer can always check the status of the shipment. Apart from this service the information is not used in any other way.
§ 11 Final Provisions
- Austrian law applies exclusively to the legal relationship between ALPENHEAT and the customer. Court of jurisdiction for any dispute arising out of the contractual relationship is Graz, Austria.
- The “Allgemeine Geschäftsbedingung der Firma Alpenheat Webshop” in German apply for the interpretation of the general sales and delivery conditions. Changes to these Terms and Conditions have to be made in writing. Verbal agreements are invalid.
- Should any clause of the contract or the General Terms and Conditions of Business be or become invalid, this shall not affect the validity of the other clauses and agreements. In this case, the invalid clause will be replaced by a legally valid clause which comes closest in meaning to the purpose of the contract intended by the two parties. The same applies in order to close any loopholes in the contract.
- Place of jurisdiction is Graz, Austria.
The European Commission (EU) is currently in the process of setting up an online platform to resolve disputes (OS). Once the platform has been completed, the link to the platform will be posted here on this site.