General terms and conditions with customer information

(The following terms and conditions contain legal information about your rights in accordance with the regulations on distance contracts and in electronic business transactions.)

1. Scope
2. Offers and clarifications of service
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Terms of payment
7. Retention of ownership
8. Warranty and guarantee
9. Liability
10. Right of withdrawal
11. Exemption from withdrawal
12. Returns
13. Storage of contractual text
14. Data privacy
15. Jurisdiction, applicable law, contract language

1. Scope

1.1. For the business relationship between Samen Maier GmbH, Rieder Straße 7, 4753 Taiskirchen (hereinafter “seller”) and the customer (hereinafter “customer”), only the following general terms and conditions apply in the version valid at the time of the order.
1.2. You can reach our customer service for questions, reclamations and complaints weekdays from 8:00 a.m. to 4:00 p.m. by calling the telephone number 0043 7764 69 240 and by e-mailing office@samen-maier.at.
1.3. A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (paragraph 13 of the Austrian Civil Code – § 13 BGB)
1.4. Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.

2. Offers and clarifications of service

2.1. The presentation of online-shop products does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller’s websites shall not be considered warranties or guarantees.
2.2. Unless otherwise stated, all offers apply “while stocks last”. Information may be subject to errors.

3. Ordering process and conclusion of contract

3.1. By using the button [add to shopping cart], the customer may, without obligation, select products from the seller’s assortment and collect them in a so-called shopping cart.
3.2. The customer may then proceed to the completion of the ordering process within the shopping cart using the [Proceed to checkout] button.
3.3. By selecting the [Buy] button, the customer makes a binding offer to buy the goods in the shopping cart. Before submitting the order, the customer may change and view the data at any time. Required information is marked with an asterisk (*)
3.4. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is, again, listed, and which the customer may print using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded once the seller has sent or handed over the ordered product to the customer within 4 working days, or confirms shipment within 4 working days with a second email, order confirmation or transmission of the invoice.
3.5. Should the seller allow prepayment, the contract comes into effect with the provision of the bank details and payment request. Should payment not be received by the seller within 10 calendar days after sending the order confirmation despite the due date, the seller withdraws from the contract resulting in the invalidation of the order, thus the seller is not obliged to deliver. The order is thus dissolved for both buyer and seller without further consequence. An item is reserved for prepayment for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. As part of the ordering process, shipping costs shall be clearly communicated to the buyer on the shipping cost webpage.

5. Delivery, product availability

5.1. Should the product selected by the customer be unavailable at the time of order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from a declaration of acceptance. In this case, a contract shall not be established.
5.2. Should the product specified by the customer in the order be only temporarily unavailable, the seller shall promptly make this known to the customer in the order confirmation. In the event of a delay of delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. The seller shall promptly reimburse any payments already made by the customer. Should advance payment have been agreed upon, delivery shall be made once the invoice has been paid in full.

6. Terms of payment

6.1. Prior to completion of the ordering process, the customer may choose from the available payment methods.
6.2. If payment by invoice is an option, payment must be made within [30 days] of receipt of the goods and invoice. With all other payment methods, full payment must be made in advance.
6.3. Should third parties be commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
6.4. Should the payment due date be determined according to the calendar, the customer is in default once due date has passed and payment has not been received. In this case, the customer must pay default interest in the amount of 5 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest does not exclude the seller from asserting further damage caused by delay.
6.6. The customer is only entitled to offset once their counterclaims have been legally established or have been recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of ownership

The delivered goods remain the property of the seller until full payment has been made.

8. Warranty and guarantee

8.1. A guarantee is determined according to legal regulations
8.2. The goods delivered by the seller are only guaranteed if explicitly indicated.

9. Liability

9.1. For damage liability on behalf of the seller, the following exclusions and limitations of liability apply, without prejudice to other legal requirements.
9.2. The seller has unlimited liability if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations which, in turn, jeopardize the achievement of the purpose of the contract, or for the breach of obligations which, in turn, constitute a condition sina qua non and on the fulfillment of which the customer regularly relies. In this case, however, the seller is only liable for foreseeable damage, typical of the contract. The seller is not liable for slightly negligent breaches of obligation other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, limb and health, or in the event of defects arising after acceptance of a guarantee for the condition of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Right of withdrawal

– begin consumer withdrawal policy – 

Withdrawal by express written declaration

Any customer may withdraw from a concluded contract within 14 days after receipt of goods by sending a written declaration of withdrawal without providing rationale. This written declaration of withdrawal must be sent by the aforementioned deadline (the date on the mailing slip shall be determinate). In this case, the customer is demonstrably obliged to return the goods immediately. Return shipping (postage) shall be borne by the customer. If the goods have been used and/or damaged, the customer must pay the seller an appropriate fee for the use, including reasonable compensation for the damage incurred – up to a maximum of the value of the goods. The declaration of withdrawal shall be sent to the following address: Samen Maier GmbH, Rieder Straße 7, A-4753 Taiskirchen

Withdrawal by simply returning the goods

The customer may also exercise their right of withdrawal by demonstrably returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal. In this case, verifiable timely dispatch of the goods is sufficient to meet the deadline. In order to withdraw by simply returning the goods, the goods shall not be damaged or used, and the return package is sufficiently stamped. The seller bears the return shipping (postage) only in the case of incorrect or defective delivery.

The risk and proof of return rests solely with the customer. In the event of customer withdrawal (by express declaration or simply returning the goods), the seller shall promptly refund the purchase price already paid – shipping costs shall not be refunded. In the case of an open invoice, the customer account shall be credited.

– end consumer withdrawal policy –

11. Information regarding exemption from withdrawal

The right of withdrawal does not exist for the delivery of goods that have been fabricated according to customer specifications, or have clearly been tailored to personal needs; or in the case of delivery of audio or video recordings, or software, in which the supplied volumes have been unsealed.

12. Returns

12.1. Customers are requested to report a return to the seller prior to actually returning the item(s). This enables the seller to reallocate products as quickly as possible.
12.2. Customers are requested to return goods to the seller as a prepaid package and to keep the receipt. Unless postage is to be paid by the customer, the seller shall reimburse the customer for the postage costs – in advance if requested.
12.3. Customers are requested to avoid damage to or contamination of the goods. The goods shall be sent back to the seller in the original packaging with all accessories. Should the original packaging no longer be in the customer’s possession, another suitable packaging should be used to provide adequate protection against transport damage, and to avoid any claims for damages due to insufficient packaging.
12.4. The procedures mentioned in this section (No. 12) of the terms and conditions are not a prerequisite for the effective exercise of withdrawal according to No. 10 of these terms and conditions.

13. Storage of contractual text

13.1. The contractual text of the order shall be saved by the seller. The terms and conditions are available online. In the final step of the order, the customer may print the contractual text before submitting the order to the seller by using the browser’s print function.
13.2. Additionally, the seller shall send the customer an order confirmation, including all order data, to the email address provided by the customer. The customer also receives a copy of the terms and conditions with their order.

14. Data privacy

14.1. The seller shall process personal customer data for a specific purpose and in accordance with statutory provisions.
14.2. The personal data provided for the purpose of ordering goods (such as name, email address, home address, payment details) shall be used by the seller to fulfill and process the contract. This data is treated confidentially and shall not be passed on to third parties not involved in the ordering, delivery and payment process.
14.3. The customer has the right to request information free of charge regarding their personal data stored by the seller. In addition, the customer has the right to correct inaccuracies in their data, and to block and delete their personal data provided there is no legal obligation to retain it.
14.4. Further information regarding the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data privacy statement.

15. Jurisdiction, applicable law, contract language

15.1. Jurisdiction and place of performance is the domicile of the seller if the customer is a merchant, a legal entity under public law or a seperate fund under public law.
15.2. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations prevent such an application.
15.3. The contract language is German.