1 Scope

 

The following conditions apply to all deliveries and services from MONTAFONER WOLLWERKSTATT. These conditions also apply to future transactions. Terms and conditions of any kind, in particular the customer's terms and conditions of purchase, are ineffective in their entirety without the need for an objection. The amendment of these conditions must be in writing. The order or acceptance of the delivery is in any case considered as acceptance of these conditions.

 

2. Order Confirmation

 

The offers from MONTAFONER WOLLWERKSTATT are non-binding. Only written order confirmations are binding for MONTAFONER WOLLWERKSTATT. Every verbal agreement requires a special written confirmation in order to be binding for MONTAFONER WOLLWERKSTATT. The customer waives the objection of any verbal ancillary agreement.

 

3. Fulfillment; transfer of risk; test

 

Place of performance is Schruns, Austria. As soon as the subject matter of the contract is offered to the buyer at the place of performance, all risk passes to him. MONTAFONER WOLLWERKSTATT is entitled to partial deliveries; all contractual provisions apply to them. If MONTAFONER WOLLWERKSTATT cannot, due to unforeseen circumstances that cannot be controlled with reasonable means (force majeure, such as declared or undeclared war, natural disasters (even if they are man-made), government measures, strikes, lockouts and other labor disputes, delivery delays from suppliers, etc. ), do not deliver on the agreed date, MONTAFONER WOLLWERKSTATT has the right to deliver on the next possible date, provided that acceptance of the object of purchase is still reasonable for the buyer at this point in time. Otherwise, MONTAFONER WOLLWERKSTATT is entitled to withdraw from the contract. MONTAFONER WOLLWERKSTATT is only liable for other delays in performance in the event of its own gross negligence. An import license not granted to the buyer does not exempt him from performance. The buyer must carefully inspect the object of purchase upon acceptance. A quality defect must be reported to MONTAFONER WOLLWERKSTATT within five working days of delivery of the goods, otherwise any claims, including those from consequential damage, are excluded. In the event of discrepancies about the quality, the findings of a jointly selected expert shall apply, the costs of which shall be borne by the party to the contract which is at fault.

 

4. prices; other taxes

 

Unless expressly agreed otherwise with the buyer, the prices are gross prices ex works and are due in advance without deductions and are to be paid in the agreed currency. They are coordinated with the agreed time of delivery of the object of purchase. If the delivery takes place at a later point in time due to circumstances within the buyer's control, MONTAFONER WOLLWERKSTATT is entitled to compensate for the higher costs incurred as a result of the later delivery with correspondingly higher prices. This does not affect MONTAFONER WOLLWERKSTATT's right to compensation for the damage otherwise incurred. All taxes, customs duties and other charges that the buyer has to pay when accepting the object of purchase are to be borne by the buyer himself, unless MONTAFONER WOLLWERKSTATT has expressly agreed to pay in writing.

 

5. Retention of Title

 

MONTAFONER WOLLWERKSTATT retains ownership of the contractual item delivered until all of the buyer's obligations have been fulfilled, in particular until the purchase price has been paid in full. If the object of the contract was resold in whole or in part, the retention of title extends to the purchase price obtained from the resale.

 

6. Return Policy

Ordered items can be returned within 30 days. From an invoice total of € 50.00, our customers in Austria have the option of requesting a free return label by email. If the invoice amount is less than € 50.00, you can request a return label, which will be subject to a fee, which will result in return costs of € 4.80 - this only applies to customers in Austria.
The order value (excluding shipping costs) will be refunded and, at the customer's request, paid back to the payment method used or to the bank account provided.

 

7. Warranty

The statutory warranty rights apply to the items offered in our shop.

 

8. Miscellaneous

 

Place of performance for payment is Schruns. Bills of exchange and checks are only accepted as payment and only if agreed in writing. MONTAFONER WOLLWERKSTATT is not liable for damages in the case of slight and simple, gross negligence. MONTAFONER WOLLWERKSTATT is not liable for consequential damage. The buyer is not entitled to offset any claims against MONTAFONER WOLLWERKSTATT against the claim to which MONTAFONER WOLLWERKSTATT is entitled. The buyer is not entitled to assign his claim for delivery of the object of purchase to others. Contesting a contractual agreement due to error on the part of the buyer is excluded. Should provisions of the contract be or become invalid or unenforceable, the remainder of the contract shall remain unaffected. These invalid or unenforceable provisions are deemed to be replaced by valid and enforceable provisions that most closely achieve the intended economic purpose (severability clause).

 

9. Jurisdiction;

 

Applicable law; Interpretation Place of jurisdiction is Bludenz, Austria. The legal relationships between the contracting parties are subject to substantive Austrian law. The UN sales law is excluded. The German text is authoritative for the interpretation of the contract and these conditions.