General Terms and Conditions
(The following GTC also contain legal information regarding your rights under the regulations for distance selling and electronic commerce contracts.)
Table of Contents
- Scope
- Offers and Service Descriptions
- Ordering Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery and Product Availability
- Payment Modalities
- Retention of Title
- Warranty for Material Defects and Guarantee
- Liability
- Right of Withdrawal
- Information on the Exclusion of the Right of Withdrawal
- Returns
- Storage of the Contract Text
- Data Protection
- Place of Jurisdiction, Applicable Law, Contract Language
1. Scope
1.1. The following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between First Class Holz GmbH, Kirchengasse 27, 4923 Lohnsburg, Austria (hereinafter “Seller”) and the customer (hereinafter “Customer”).
1.2. You can reach our customer service for questions, complaints, and objections on weekdays from 9:00 a.m. – 5:00 p.m. at the phone number +43 7754 4141 as well as via e-mail at office@first-class-holz.at.
1.3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity in writing.
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise noted for the products. In all other respects, errors remain reserved.
3. Ordering Process and Conclusion of Contract
3.1. The customer can select products from the seller's assortment without obligation and collect them in a shopping cart via the [Add to cart] button.
3.2. Subsequently, the customer can proceed to conclude the ordering process within the shopping cart via the [Proceed to checkout] button.
3.3. By clicking the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can view and change the data at any time. Required information is marked with an asterisk (*).
3.4. The seller then sends an automatic confirmation of receipt by e-mail to the customer, in which the customer's order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute an acceptance of the request. The purchase contract is only concluded when the seller dispatches or hands over the ordered product to the customer within 5 days, or confirms the shipment within 5 days with a second e-mail, express order confirmation, or by sending an invoice.
3.5. If the seller offers payment in advance, the contract is concluded with the provision of bank details and payment request. If the payment has not been received by the seller within 10 calendar days after sending the order confirmation, despite being due and even after a renewed request, the seller withdraws from the contract. A reservation of the item for advance payments is therefore valid for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices include the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs. These are clearly communicated to the buyer on the shipping costs page and during the ordering process.
5. Delivery and Product Availability
5.1. If no items of a product are available, this will be indicated accordingly in the webshop.
6. Payment Modalities
6.1. The customer can choose from the available payment methods during the ordering process.
6.2. If payment by invoice is possible, payment must be made within 14 days after receipt of the goods and the invoice. For other payment methods, payment is made in advance without deduction.
6.3. If third-party providers (e.g., PayPal) are commissioned with payment processing, their GTC apply.
6.4. If the due date is determined by the calendar, the customer is in default upon expiration of the date; default interest = 5 percentage points above the base interest rate.
6.5. The obligation to pay default interest does not exclude further default damages.
6.6. Offsetting only with undisputed or legally established claims; right of retention only from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for Material Defects and Guarantee
8.1. The statutory warranty rights apply.
8.2. A guarantee exists only if it has been expressly declared.
9. Liability
9.1. The following liability limitations apply to claims for damages:
9.2. The seller is liable without limitation for intent or gross negligence.
9.3. In cases of slight negligence, the seller is only liable for the breach of essential contractual obligations and only for foreseeable, contract-typical damages.
9.4. No limitation of liability for injury to life, body, or health, for guarantees, or malice; the Product Liability Act remains unaffected.
9.5. Liability limitations also apply to employees and vicarious agents.
10. Right of Withdrawal
Consumers have a thirty-day right of withdrawal.
Instructions on withdrawal: You have the right to withdraw from this contract within 30 days without giving any reason. The period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (First Class Holz GmbH, Kirchengasse 27, 4923 Lohnsburg, Austria, Tel. +43 7754 4141, E-mail: office@first-class-holz.at) by means of a clear declaration (e.g., letter, fax, or e-mail). You can use the sample withdrawal form available on our website, which is, however, not mandatory.
Timely dispatch of the withdrawal declaration is sufficient to meet the deadline.
Consequences of withdrawal: We will refund all payments including delivery costs (except for additional costs arising from a different shipping method) within 14 days of receipt of the withdrawal. Repayment will be made using the same means of payment; no fees will be charged. We may refuse repayment until we have received the goods back or have received proof of return. You bear the direct costs of returning the goods. You are only liable for loss of value if it results from handling of the goods not necessary for checking them.
11. Information on the Exclusion of the Right of Withdrawal
There is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
12. Returns
12.1. Please notify us of returns in advance to facilitate assignment.
12.2. Return the goods as a sufficiently stamped package and keep the proof of postage. The customer bears the costs of the return.
12.3. Please avoid damage or contamination and use the original packaging if possible.
12.4. These return instructions are not a prerequisite for the effective exercise of the right of withdrawal.
13. Storage of the Contract Text
The seller stores the contract text of the order. GTC are available online. The customer can print the contract text before placing the order. After the order, the customer receives an order confirmation by e-mail with all data and the GTC.
14. Data Protection
The seller processes personal data in accordance with legal requirements and its privacy policy.
15. Place of Jurisdiction, Applicable Law, Contract Language
Austrian law applies, excluding its conflict of law rules and the UN Sales Convention. For consumers, mandatory provisions of their state of residence remain applicable. If the customer is a merchant, the exclusive place of jurisdiction is the seller's registered office. The contract language is German.