a) All deliveries of goods by Zotter made on the basis of distance selling orders shall be governed by these general terms and conditions in the version which is valid at the time of the respective order. With the placement of the order the customer accepts these general terms and conditions as well as the terms of delivery and payment which apply as an integral part of these general terms and conditions and which can be found on the homepage www.zotter.at on a daily basis.
b) Amendments or additional agreements shall not be valid unless confirmed in writing by persons authorized to represent Zotter whose names have been entered in the commercial register and shall apply solely to the individual business transaction. Any other employees of Zotter shall not be authorized to make amendments or additional agreements in addition to these general terms and conditions.
c) Contractual terms as well as general terms and conditions of the customer are expressly rejected in their entirety.
d) Should individual provisions of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The parties shall agree to replace the invalid provision with a valid provision that comes closest to fulfilling the sense and purpose originally intended.
a) Zotter’s offers in their entirety are subject to change without notice. The orders of the customer are in the legal sense the offer to which the customer is bound for 10 days. The contract shall be concluded either upon Zotter’s confirmation of the order (by telephone or in person) or upon delivery or performance. A separate notification of the customer about the acceptance is not required.
b) Zotter reserves the right to accept orders only in part.
c) Online orders are possible only if all compulsory fields (fields marked with an asterisk) are filled in. Prior to sending the order the customer receives a summary of the contents of the order including prices, which he can then correct or confirm. We will automatically confirm the receipt of the order at Zotter by means of an e-mail, which, however, does not yet constitute an acceptance of the order. Messages are received at Zotter only during the normal business hours (Monday to Friday from 9 a.m. until 4 p.m. with the exception of Austrian public holidays). Messages which are received on the server of Zotter outside the normal business hours are considered received only on the following working day.
d) The customer is aware that the Internet is not a secure communication medium and that data transmitted via the Internet can on the one hand become known and on the other hand be altered by third parties. The risk that data does not arrive at Zotter in the form transmitted by the customer is borne by the customer. Zotter assumes that the data, as received by Zotter, was sent by the customer in this form.
Depending on the type of customer (reseller or consumer) or in the event of a possible international connection, the prices are to be understood according to the current price lists and inclusive of the statutory Austrian sales tax, excluding delivery charges and all other ancillary services, unless other delivery conditions are specified in the respective valid price list. The respective valid export and import duties apply additionally to deliveries outside Austria.
a) The dispatch of the goods by Zotter to the delivery address provided by the customer at the time of ordering is carried out at the expense of the customer. With the handover of the goods at the customer’s or at a third party appointed by the customer, the risk of loss or damage / deterioration of the goods transfers to the customer (this only applies for consumers). The dispatch of the goods by post or private delivery services is regarded as approved. If the customer enters into a delivery contract on his own, then the danger of loss or deterioration of goods transfers to the customer already with the handing over of the goods to the dispatch service.
b) The data for coupons which were created according to the customer’s request individually, and which can be printed by the customer at any time (“print@home- Coupons”) will sent by email to the email address provided by the customer. This will take place between 8 a.m. and 6 p.m. at every full hour and one time per day at midnight. Customer is not entitled to request a delivery at one of these listed times.
c) Delivery dates stated by Zotter are non-binding. If delivery dates are not met, this shall only entitle the customer to make use of his right of withdrawal / revocation if Zotter, even after a minimum of two weeks grace period has been set in writing, still does not carry out the delivery.
d) The delivery period is extended for the duration of hindrances that are due to circumstances beyond the control of the parties, such as force majeure, unforeseeable operational breakdowns, official interventions, transport and customs clearance delays, transport damages, breakdown of important production components and industrial disputes.
e) To the extent that partial deliveries are possible, they are also legally permissible. Each partial delivery is regarded as a separate business transaction and can be invoiced separately by Zotter.
a) Arising defects are to be reported by consumers immediately – whereby no disadvantageous consequences will arise in case of an omission to do so - , however, at the latest within one week after delivery of the goods, respectively after the detection of the defects in writing, by fax (fax number ++43(0)3152/5554-22) or e-mail (email@example.com).
If the product has been damaged during the shipping, the deliverer (post, DPD etc.) must immediately, at the latest within four days after receipt of the shipment, be instructed to assess the damages; otherwise Zotter shall reject any claim settlement. Generally, the customer shall make any damage notifications. Depending on the varying national provisions at the delivery locations, either the customer himself or also Zotter shall make damage notifications within the EU.
b) If the customer is an entrepreneur within the meaning of the UGB (Austrian Commercial Code) he is obliged to inspect the delivered goods or rendered services immediately upon receipt for completeness, correctness and other faultlessness and send a written complaint about any possible defects including subsequent damages from defects immediately, at the latest, however, eight working days after the receipt of goods or rendered services and prior to a resale or use in writing, by fax (fax number ++43(0)3152/5554-22) or e-mail (firstname.lastname@example.org); failure to do so will result in forfeiture of all claims he is entitled to (in the course of a proper examination for identifiable defects).
c) Warranty claims arising from defects expire within the statutory warranty period of 2 years from the delivery or performance. In case of defects of title this period commences with the detectability of the defect.
d) If the goods are defective, the customer may choose between correction and replacement. Only if these two services are impossible or impracticable the customer can claim - in accordance with the legal regulations - commensurate reduction in price or rescission. The customer is obliged to give Zotter the opportunity to rectify a defect. If Zotter corrects a defect, this is done without cost and expense to the customer; however, Zotter can require the customer to return the goods - as far as this is practicable - at Zotter’s risk and cost.
e) Warranted characteristics of the goods are only those characteristics which Zotter explicitly guaranteed in writing. Zotter reserves the right to change its assortment, which does not represent a defect.
6. Rights of withdrawal / revocation for consumers
a) The customer, who is consumer within the meaning of the KSchG, can withdraw in writing from a distance sales contract, or from a contractual declaration made in connection with distance sales, up until the expiry of the deadlines stated hereinafter without cause in writing. It shall suffice to send the declaration of withdrawal / revocation within the withdrawal period. The time period is 14 working days.
b) According to § 18 FAGG the customer has no right of withdrawal/revocation (besides further exemptions) for
c) If the right to withdraw/revocation from the contract is exercised according to Section 6 par. a, Zotter must reimburse the customer for his payments made as well as for all delivery costs (with the exception of additional costs arising from the customer’s individual selection of a delivery method other than the regular cost efficient, standard delivery method selected by Zotter) immediately and at the latest within fourteen days from the day, on which the communication on withdrawal/revocation of the contract was received. For refunding of payments made by the customer, Zotter will use the same monetary transaction that was used by the customer in his original transaction, unless otherwise agreed upon with the customer; in any way there will be no fees charged for such refunding purposes. Zotter may, however, withhold refunding payment, until the goods are returned or the customer has provided the evidence, that he has returned the goods, depending on which happens earlier in time.
The return of the goods by mail or in person to Zotter [Bergl 56, A – 8333 Riegersburg] has to be carried out by the customer immediately, however at the latest within 14 days from the day, on which he has notified Zotter about his withdrawal/revocation. This deadline shall be deemed met, when the customer mails the goods prior to the expiration of the deadline. The customer bears the indirect cost involved with the return of the goods. He must only then bear the cost for a depreciation of the goods, if such depreciation was caused by an unnecessary way of handling the goods during inspection for consistency, qualities and functionality.
d) If the customer withdraws from the contract, the goods need to be returned to Zotter. The costs of return shall be borne by the customer. In the event of signs of wear, damaged packaging, missing of parts of the delivered goods as well as costs of return, which have not been paid, Zotter will impose an appropriate fee for the usage including a compensation for the related general reduction in value of the service rendered within the meaning of Section 6. c).
e) If the customer withdraws from a contract regarding print@home-coupons, then this coupon will be barred from further usage. If such coupon was used – also only partially – before such point in time, then the amount to be refunded by Zotter is reduced accordingly by the amount that was used by the customer, because the prior use of the coupon was not caused by an unnecessary way of handling the goods during inspection for consistency, qualities and functionality (see Section 6.b).