1. SCOPE & DEADLINES
1.1 Business processing and delivery take place exclusively in accordance with the present terms and conditions, which are the basis of all contracts concluded on the basis of the offers on the Internet shop page www.shop-kroell.at. General terms and conditions conflicting or deviating from the following provisions do not apply. The following terms and conditions also apply exclusively if we carry out delivery and service without reservation in the knowledge of conflicting or deviating terms and conditions.
1.2 If “consumers” are mentioned in these general terms and conditions, these are natural persons for whom the purpose of the order cannot be attributed to a commercial, independent or freelance activity, i.e. a business does not belong to the operation of their company. “Entrepreneurs”, on the other hand, are natural or legal persons or partnerships with legal capacity for whom the business is part of the operation of their company. The distinction between consumer and entrepreneur is made in accordance with the Austrian Consumer Protection Act (KschG). "Customers" in the sense of these general terms and conditions are both consumers and entrepreneurs.
1.3 If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays.
2. STORAGE POSSIBILITY AND REVIEW OF THE CONTRACTUAL TEXT
2.1 You can view our terms and conditions on the online shop www.shop-kroell.at under terms and conditions in the menu item About us as a submenu item or in the lower part of the website (footer).
2.2 You can also easily archive the data of your order by waiting for the automatic order confirmation, which we will send you by e-mail to the e-mail address you have given after completing your order. This order confirmation email contains the data of your order and our terms and conditions and can be easily printed out or saved with your email program.
2.3 Your order details are saved by us, but for security reasons they cannot be accessed directly by you.
3. LANGUAGE AND CONCLUSION OF CONTRACT
3.1 Contracts for items that are offered at www.shop-kroell.at can only be concluded in German. The content of the contract, all other information, customer service, data information and complaint handling are offered in German.
3.2 By clicking the "Pay" button, you are placing a binding order for the items in the shopping cart. The confirmation of the receipt of the order follows immediately after sending the order.
3.3 A binding contract is concluded with the transmission of the order confirmation, but no later than with the delivery of the ordered goods. You are bound to your order for 2 working days in the case of goods marked as "available", regardless of the right of withdrawal that already exists for orders as a consumer. In addition, the commitment is a maximum of 4 working days.
3.4 Please note that the delivery of the ordered goods with advance payment (reservation) only takes place after the full amount has been credited to our account. If, despite the due date, we have not received your payment by 5 calendar days after sending the order confirmation, even after a renewed request, we will withdraw from the contract with the result that your order is no longer valid and we are not obliged to deliver. The order is then completed for you and for us without any further consequences. A reservation of the article for prepayment does not take place. We reserve the right to withdraw from the contract in the event of sudden inability to deliver. Payments made will of course be returned immediately, depending on the payment method.
4. EXTENSION OF DELIVERY TIMES
The delivery time is extended appropriately in the event of circumstances impairing delivery due to force majeure. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, through no fault of our own transport bottlenecks, through no fault of our own operational hindrances, for example due to fire, water and machine damage, and all other hindrances that, from an objective point of view, were not culpably caused by us. We will inform you about the beginning and end of such obstacles immediately.
5. APPLICABLE LAW, PLACE OF JURISDICTION
5.1 The law of the Republic of Austria applies to all legal transactions or other legal relationships with us. The UN Sales Convention (CISG) and any other international agreements, even after they have been adopted into Austrian law, do not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the beneficiary (contract with consumer), this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not granted has been withdrawn.
5.2 In business dealings with merchants and legal entities under public law, the place of jurisdiction for all legal disputes about these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks, is agreed to be the place of business of Kröll-Landwirtschaft and direct marketing. In this case, we are also entitled to sue at the customer's registered office.
6. RIGHT TO COMPLAIN
6.1 You have the right to lodge a complaint with a supervisory authority. For Austria this is the Austrian data protection authority, Wickenburggasse 8, 1080 Vienna, phone: +43 1 52 152-0, e-mail: dsb@dsb.gv.at , web: www.dsb.gv.at.
You are also welcome to contact us directly with complaints: office@shop-kroell.at
7. CHANGES TO THE GENERAL TERMS AND CONDITIONS
We are entitled to unilaterally change these General Terms and Conditions - insofar as they are introduced into the contractual relationship with the customer - insofar as this is necessary to eliminate subsequent equivalence disruptions or to adapt to changed legal or technical framework conditions. We will inform the customer about an adjustment by notifying the content of the changed regulations. The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks after receipt of the notification of change.
8. SEVERABILITY CLAUSE
Should individual provisions of the contract including these provisions be or become wholly or partially ineffective or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective or missing provisions, the respective statutory regulations apply.
ORDERS IN THE KRÖLL AGRICULTURE AND DIRECT MARKETING ONLINE SHOP
1. CONTRACTUAL PARTNER
When ordering items from the Kröll Agriculture and Direct Marketing Online Shop, your exclusive contractual partner is the Agricultural Company Kröll Theresia in Fladnitz im Raabtal 10, 8322 Kirchberg an der Raab. The contractual partners agree on the application of Austrian law. If the consumer has his domicile or habitual abode in Germany, or if he is employed in Germany, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen.
2. PRICES AND SHIPPING CHARGES
The prices listed in the offer at the time of the order apply. The prices given are final prices, i.e. they include the applicable statutory value added tax and other price components.
The shipping costs are added in the ordering process.
Our shipping costs include handling, packaging and shipping. Since the shipping prices are individually dependent on the size, weight and destination country of the individual order, they are calculated individually for each order in the online shop.
You can call up the specific shipping costs for the goods you want in the online shop by placing the selected items in the shopping cart and selecting the delivery destination. The price shown there includes all of the above costs.
3. PAYMENT, DELIVERY TIMES, DELIVERY PARTNERS
3.1 We basically offer the following payment methods:
- Prepayment by bank transfer: This payment method is only possible by email or phone order if problems arise in the online shop. You transfer the total amount shown to our account within 5 days, the ordered items will be reserved for you until then. As soon as we have received your payment, we will send the ordered items to the address of your choice.
- Payment by credit card (VISA, Mastercard, Diners Club)
- Payment by Paypal
- Payment by Klarna (instant transfer)
-Payment upon collection (only possible by telephone agreement)
The electronic transactions are carried out via our payment service provider Wix.com. With every order we reserve the right not to offer certain payment methods and to refer to other payment methods. The goods are invoiced in euros.
3.2 In the case of purchase on credit card, your credit card account will be charged when the order is sent.
3.3 Please note that we only accept payments from accounts within the European Union (EU). In no case will we assume the costs of a money transaction.
3.4 Goods that are marked as "available" in the online shop are delivered immediately after receipt of the order and, if applicable, after payment in advance has been received within 3-5 working days at most. We point out any deviating delivery times on the respective product page.
3.4 a. Delivery times and dates are generally non-binding, but we try to deliver as quickly as possible, by parcel service.
It should be taken into account that our products are not mass-produced and that delivery bottlenecks cannot always be avoided. In such cases we can carry out the order in partial deliveries.
3.4c. In the case of purchase of larger quantities, delivery times are expressly agreed separately in writing.
3.4d. The delivery date is postponed in cases of force majeure or the occurrence of unforeseen events that are beyond our control.
3.4e. The delivery date will also be postponed if the customer is in arrears with the duties incumbent on him, such as handing over documents or other types of cooperation.
3.5 Delivery takes place by DPD, the place of fulfillment for all transactions is the company location. The delivery is carried out by Österreichische Post AG.
When the goods are dispatched, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to him or to a third party other than the carrier designated by him. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by us, the risk is transferred to the carrier as soon as the goods are handed over.
4. LEGAL RIGHT OF WITHDRAWAL WHEN PURCHASING ITEMS FROM THE KRÖLL AGRICULTURE AND DIRECT MARKETING ONLINE SHOP
4.1 Below you will find the legally required instruction on the requirements and consequences of the right of withdrawal. In the case of a return, you can use the printable return label enclosed with your order. When withdrawing from the purchase contract, the Theresia Kröll shopkeeping company, Fladnitz im Raabtal 10, 8322 Kirchberg an der Raab, bears the direct costs of returning the goods (valid for deliveries from Austria, Germany, Belgium, the Netherlands and Luxembourg).
The consumer has no right of withdrawal from concluded contracts for goods that are manufactured according to customer specifications or that are clearly tailored to personal needs (configured gift boxes).
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of cancellation, you must inform the Theresia Kröll, Fladnitz im Raabtal 10, 8322 Kirchberg an der Raab, by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to cancel this contract, to inform. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Cut-to-size goods as well as special and one-off products (excess lengths, ceiling embroidery, yard goods) are excluded from this right of return without exception.
If, contrary to expectations, the delivery does not meet the high quality requirements, you can contact us. Even after the 14-day period, we won't be petty. The guarantee takes place according to the legal. Provisions. If an exchange or an improvement is not possible (not possible, too much effort, unreasonable, delayed deadline), the buyer is entitled to a price reduction or, if the defect is not minor, to cancel the contract. Compensation for consequential damage as well as other property damage, financial damage and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have to send back or hand over the goods immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
5. RESERVATION OF TITLE
We reserve ownership of all goods delivered by us until the customer has paid for the goods in full. The customer is not authorized to pledge or assign the object of purchase as security.