General terms and conditions
1. Subject of these GTC
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders and purchases that you make via the online shop (www.eis-greissler.at) of Blochberger Eisproduktion GmbH (hereinafter also referred to as “Eis-Greissler”). Eis-Greissler contracts exclusively on the basis of these GTC.
1.2 The GTC apply to all contracts concluded via the online shop, regardless of whether the customer is an entrepreneur or a consumer. The unilaterally mandatory provisions of the various consumer protection laws apply to transactions with consumers.
1.3 The GTC apply to the purchase of goods and vouchers, which are hereinafter collectively referred to as “goods”. Insofar as a regulation should only apply to goods or vouchers, this will be highlighted separately.
2. Conclusion of contract / ordering process
2.1 All offers in Eis-Greissler’s online shop are, unless expressly stated otherwise, subject to change and do not constitute binding offers, but rather an invitation to the customer to submit a binding offer to Eis-Greissler.
2.2 The customer can place an order for goods in the online shop by selecting the desired goods, entering his data and finally clicking on the button labelled “Buy now”. Before he can click on this button, the customer receives an overview of his order. In this way, he can check his data, his order and the associated costs once again and correct them if necessary. If the customer then clicks on the “Buy now” button, he makes a binding offer with his order to which he is bound for 48 hours.
2.3 As soon as Eis-Greissler has received the customer’s order, the order and the availability of the ordered goods will be checked by Eis-Greissler, whereby Eis-Greissler also has the option of not accepting orders without giving reasons. The contract between the customer and Eis-Greissler for the delivery or provision of the booked goods shall only be concluded when Eis-Greissler sends the customer an order confirmation by e-mail.
3. Payment, Price, Shipping Costs
3.1 The purchase price of the ordered goods is the price stated in the online shop at the time of contracting if both contracting parties have agreed to this during the ordering process.
3.2 Eis-Greissler charges the customer shipping costs for the dispatch of the goods, the amount of which will be made known to the customer before he submits his offer and to which the customer consents by clicking on the “Buy now” button. No shipping costs are charged for vouchers that the customer can print out himself.
3.3 All prices are inclusive of the statutory value added tax.
3.4 The customer is obliged to pay the purchase price in full without deduction when sending the order and thus in advance. If no contract is concluded as a result, Eis-Greissler will refund the purchase price without delay.
3.5 Payment can only be made using the payment options that can be selected during the ordering process. It is not possible to change the selected payment option after the order has been sent. The customer’s payment will be processed by the payment service provider mPAY24 (VISA, Mastercard) or Klarna (Sofortüberweisung).
3.6 If Eis-Greissler has to refund the purchase price for whatever reason, Eis-Greissler will use the same means of payment that the customer used to pay the purchase price, unless expressly agreed otherwise with the customer.
5. Performance and delivery by Eis-Greissler
5.1 Unless otherwise agreed, the goods purchased by the customer shall be delivered to the address specified by the customer in the order by a shipping service provider appointed by Eis-Greissler at the agreed costs (clause 3.2).
5.2 The goods shall be dispatched within one week of the date on which the goods are in stock at Eis-Greissler. If dispatch is not possible for longer than one month after the customer’s order, Eis-Greissler shall inform the customer of this without delay. In this case, the customer is entitled – without prejudice to any further consequences of default – to withdraw from the contract without delay and to be reimbursed any purchase price already paid (including shipping costs). A corresponding right of withdrawal also exists if the purchased goods do not arrive at the delivery address specified by the customer within two months after conclusion of the contract, insofar as this delay was not caused by reasons within the customer’s sphere of influence.
5.3 If the customer purchases a self-printable voucher, Eis-Greissler will make this available to him for downloading immediately after conclusion of the contract and payment of the purchase price. Such vouchers shall be deemed to have been delivered as soon as Eis-Greissler has enabled the customer to download the voucher.
6. Right of withdrawal
There is no right of withdrawal for customers or the right of withdrawal for customers may expire prematurely for the following contracts:
6.1 Services in the areas of accommodation for other than residential purposes, transport of goods, rental of motor vehicles as well as delivery of food and beverages and services provided in connection with leisure activities, provided that in each case a specific point in time or period of time is contractually stipulated for the fulfilment of the contract by the entrepreneur (§ 18 para. 1 no. 10 FAGG). This means that insofar as Blochberger Eisproduktion GmbH offers services in the area of leisure activities, in particular tickets for events, there is no right of withdrawal. Each order for tickets is therefore binding immediately after confirmation in accordance with II. 1. by Blochberger Eisproduktion GmbH and obliges the customer to accept and pay for the tickets ordered.
7.1 If the delivered goods are defective, the customer has the statutory warranty rights (§§ 922 ff ABGB). In this case, the customer may therefore demand from Eis-Greissler that Eis-Greissler improves the defect at its own expense or replaces the defective goods with goods free of defects. If Eis-Greissler is not willing or able to do this, the customer may instead demand a reduction in the price of the defective goods or – if the defect is not merely minor – termination of the contract (rescission).
7.2 If the customer is an entrepreneur, he must inspect the delivered goods immediately upon handover and notify Eis-Greissler in writing of any defects immediately or within five days at the latest. If the customer fails to make this notification of defects, the goods shall be deemed to have been approved. If the customer is an entrepreneur, the omitted, delayed or improperly formulated complaint shall result in the loss of claims under warranty, compensation for damages and from error regarding the defectiveness of the goods.
8.1 In the case of consumer transactions, Eis-Greissler’s liability for damage caused by Eis-Greissler shall be limited to the typical foreseeable damage arising from the breach of main contractual obligations. This limitation of liability does not apply to damage caused by Eis-Greissler intentionally or through gross negligence or to personal injury.
8.2 In the case of business transactions, Eis-Greissler shall be liable in accordance with the Product Liability Act. Apart from this, Eis-Greissler’s liability to pay damages in the case of business transactions presupposes gross negligence (gross negligence or intent) and is limited to compensation for direct positive damage caused by a defect. Compensation for loss of profit, consequential damage, indirect damage or third-party damage is excluded in any case. The customer from an entrepreneurial transaction bears the burden of proof for fault on the part of Eis-Greissler. The customer’s claims for compensation arising from an entrepreneurial transaction shall become statute-barred six months after the damage and the damaging party become evident, irrespective of this in any case 3 years after handover.
9. Data Protection
Eis-Greissler’s data protection notice containing all information on data protection and on how the customer’s personal data is processed can be accessed at www.eis-greissler.at/datenschutz. At the customer’s request, Eis-Greissler will also send the data protection notice to the customer by post or e-mail without delay.
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10. Other provisions
10.1 The contract concluded between the customer and Eis-Greissler and the legal relationship arising therefrom shall be governed by Austrian law, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
10.2 In the case of bilateral business transactions, the district court of Neunkirchen shall have jurisdiction for all disputes arising from the contract and the resulting legal relationship between the customer and Eis-Greissler. In the case of consumer transactions, the place of jurisdiction shall be determined in accordance with § 14 KSchG. If the consumer has his domicile or habitual residence in Austria at the time of conclusion of the contract or if he is employed in Austria and moves his domicile abroad after conclusion of the contract, the court with subject-matter jurisdiction for the customer’s domicile stated in the contract at the time of conclusion of the contract shall have jurisdiction for all disputes arising from this contract.
10.3 The customer shall only be entitled to set off its liabilities to Eis-Greissler against claims against Eis-Greissler if Eis-Greissler is insolvent or the customer’s claim is legally related to its liability, the customer’s claim has been determined by a court or has been recognised by Eis-Greissler.
10.4 The contractual and communication language is German.
10.5 If the customer is a consumer within the meaning of § 1 of the Consumer Protection Act (KSchG), he may call upon the “Internet Ombudsman” arbitration board in the event of disputes between him and Eis-Greissler. Eis-Greissler will participate in such a conciliation procedure. Further information on the access requirements can be found on the website of the arbitration board https://www.ombudsmann.at/.