General terms and conditions with customer information
General Terms and Conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability for defects
- Special conditions for the processing of goods according to specific customer specifications
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Elstar GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you conclude with us as a consumer or entrepreneur (hereinafter "you/us") with regard to the goods presented by us in our online store. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that cannot be predominantly attributed to your commercial or independent professional activity.
1.3 For the purposes of these GTC, you are an entrepreneur if you are a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of your commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in our online store do not constitute binding offers on our part, but serve to submit a binding offer by you.
2.2 You can submit the offer via the online order form integrated in our online store. After you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the date of receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by requesting payment after you have placed your order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after your offer is sent and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via our company's online order form, the text of the contract will be stored by us after the conclusion of the contract and sent to you in text form (e.g. e-mail, fax or letter) after you have sent your order. We will not make the text of the contract accessible beyond this. If you have set up a user account in our online store before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via our online order form, you can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the magnification function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click on the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that the e-mails we send can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in our revocation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 You will be informed of the payment option(s) in our online store.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.
4.5 If you select a payment method offered via the "PayPal" payment service, payment will be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If we also offer payment methods via PayPal for which we make advance payments to you (e.g. purchase on account or payment by installments), we assign our payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, we remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes.
4.6 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account activated for participation in "SOFORT", legitimize yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. You can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com.
4.7 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which you may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com
4.8 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). You will be informed of the individual payment methods offered via Stripe in our online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which you may be informed separately. Further information about Stripe can be found on the Internet at
5) Delivery and shipping conditions
5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address specified by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provision in our withdrawal policy shall apply to the return costs.
5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to you when the goods are handed over to you or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you, even if you are acting as a consumer, as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due care. We shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If we make advance payment, we reserve title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7.1 If you act as an entrepreneur,
- we have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for warranty rights is one year from delivery of the goods;
- in the case of used goods, the warranty rights are excluded;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of time limits do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation on our part to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If you are acting as a consumer, you are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform us of this. If you fail to do so, this will have no effect on your statutory or contractual claims for defects.
8) Liability
The seller is liable to you for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 We shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Act.
8.2 If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless we are liable without limitation in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
8.3 Any further liability on our part is excluded.
8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
9) Special conditions for the processing of goods according to specific customer specifications
9.1 If, according to the content of the contract, in addition to the delivery of goods, we also owe you the processing of the goods according to certain specifications, you must provide us with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by us and grant us the necessary rights of use. You are solely responsible for the procurement and acquisition of rights to this content. You declare and assume responsibility for ensuring that you have the right to use the content provided to us. In particular, you shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
9.2 You shall indemnify us against claims by third parties which they may assert in connection with an infringement of their rights through the contractual use by us of the content made available to us by you. You shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
9.3 We reserve the right to refuse processing orders if the content provided by you for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Applicable law
The law of the Republic of Austria applies to all legal relationships between you and us, excluding the laws on the international sale of goods. If you are acting as a consumer, this choice of law shall only apply insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.
11) Place of jurisdiction
If you are a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. If you have your registered office outside the territory of the Republic of Austria, our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. In the above cases, however, we are in any case entitled to appeal to the court at your place of business.
12) Alternative dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
