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 to those 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, EPS immediate transfer, cash on delivery or payment upon receipt of invoice.
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 set-off 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 be charged on 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.
§ 6 Termination
- In the case of sales concluded exclusively by means of distance communication, according to § 5e §1 EU Consumer Protection Act, the consumer has the right to withdraw from the contract within seven working days and without stating a reason. Saturday does not count as a working day. The period begins on the day the goods are received by the customer.
- The customer has to pay the cost of the return delivery, providing the goods delivered were the goods ordered by him.
- Goods can be exchanged within 14 days from receipt of the order. The customer has to pay the cost of the return delivery, providing the goods delivered were the goods ordered by him.
§ 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.
§ 8 Manufacturer Warranty, Implied Warranty
- ALPENHEAT warrants that all products are free from defects of material or workmanship. The warranty period begins on the date of purchase. The warranty period is not extended when repairs are carried out or the product is exchanged, neither does it begin anew. Within the warranty period ALPENHEAT has the sole right to decide whether to repair the defect or exchange the product.
- Exclusion and Limitations
Batteries are wearing parts and therefore excluded from the warranty. 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. The manufacturer's warranty does not affect any statutory warranty claims against the seller.
If the error is discovered after the expiration of the manufacturer's warranty or is not covered by this warranty, ALPENHEAT might still be willing to repair the defective part or replace it at its sole discretion.
- 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.
- In the case of defects existing upon delivery of the goods, the customer is entitled to the statutory warranty of the direct contract partner. ALPENHEAT has the sole right to decide whether to repair the defect or exchange the product.
§ 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).
§ 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.