General Terms and Conditions
1. Subject matter of the contract, contracting parties, amendments
1.1 These General Terms and Conditions apply to all orders placed by the customer via the online shop www.ofenfeinstaubfilter.de
1.2 The customer’s contractual partner is:
BERTRAMS GmbH & Co KG
Stelzhamergasse 4/7
1030 Vienna
(hereinafter also referred to as ‘BERTRAMS’ or ‘we’).
1.3 With every purchase in our online shop and when registering for a user account, the customer enters into a legally binding contract with us based on these terms and conditions.
1.4 We reserve the right to amend these terms and conditions from time to time in order to take into account the wishes of our customers or changes to our product range. The date of the respective version can be found at the top of the document. We will inform the customer of any changes by sending the amended terms and conditions to the last email address provided to us. This notification will be sent at least six weeks before the change comes into effect. The amended terms and conditions are deemed to have been agreed if the customer does not cancel their user account before the date on which they come into effect. We will specifically inform the customer of the significance of their actions at the beginning of the specified period.
2. User accounts
2.1 Goods can be purchased in the online shop without registering for a user account. For greater convenience, you can create a user account. This means you do not have to re-enter your details for each individual purchase.
2.2 The customer is obliged to provide all information requested during registration correctly and completely. It is not permitted to provide a PO box as an address. We are entitled, but not obliged, to request proof. The user account must be updated immediately via the account management system whenever the customer’s details change. The customer is liable to us for any disadvantages arising from incorrect information. In this case, we are also entitled to block or terminate the user account without notice.
2.4 Multiple registrations are not permitted. The transfer of the user account to another person is not permitted.
2.5 The customer must keep their login details (user name and password) secret and protect them from access by unauthorised third parties. If there is any suspicion that unauthorised third parties have gained knowledge of the login details, the customer must notify us immediately and change their password. In this case, we are entitled to temporarily block the user account in order to prevent misuse.
3. Offers, orders, conclusion of contract
3.1 All offers in our online shop are subject exclusively to these General Terms and Conditions in the version valid at the time of ordering. Any deviating terms and conditions of the customer shall not apply unless we have agreed to their validity in writing. All offers in our online shop are subject to change and are only valid while stocks last.
3.2 Our webshop guides the customer through the individual order steps until the purchase is completed. The customer selects the desired product and places it in the shopping basket without obligation (button ‘Add to basket’). The contents of the shopping basket can be viewed at any time by clicking on the shopping basket button (shopping trolley symbol at the top of the page). Individual or all products can be removed from the shopping basket by clicking on the ‘x’ to the left of the respective product on the shopping basket page. The customer then enters the billing address and, if necessary, provides us with a different delivery address. If the customer makes the purchase without a user account, they must at least provide a valid email address for which they have access.
After entering the data and selecting the payment type and delivery method, the customer is shown an order summary where they can check their entries again. All entries can be corrected by clicking the back button. The order process can also be cancelled by closing the browser.
3.4 We confirm receipt of the offer by sending an automatically generated email to the address provided by the customer (‘order confirmation’). This email does not yet constitute acceptance of the offer.
3.5 We can accept the offer by confirming the purchase in a further email (‘order confirmation’) or by sending the purchased product to the customer.
4. Delivery conditions and delivery times
4.1 Our offers are open to all customers residing in a member state of the European Union. We currently offer delivery of goods to addresses in the countries listed on the ‘Shipping costs and delivery conditions’ subpage. Customers from other countries can collect the goods from us or organise transport themselves.
4.2 The delivery times listed in the webshop on the ‘Shipping costs and delivery conditions’ subpage apply. These are the estimated delivery times. If there are different delivery times for a particular product, these are listed directly on the product page.
4.3 We are entitled to deliver the order in partial deliveries even without the customer’s request. In this case, we shall bear all additional shipping costs incurred as a result.
4.4 If we are prevented from meeting the delivery times due to force majeure (e.g. strikes, natural disasters) or other circumstances beyond our control, we will inform the customer as soon as possible. The delivery time shall be extended by the duration of these events.
4.5 The customer is requested to check the goods for damage immediately upon receipt and to send any complaints to the email address info@ofenfeinstaubfilter.de as soon as possible, including a description and photos of the fault or damage that are as accurate as possible.
5. Prices, shipping costs, terms of payment
5.1 The prices shown in the order summary apply. These prices include VAT, shipping, packaging and transport insurance.
5.2 The customer can choose from all payment methods displayed in the online shop.
5.3 The customer agrees to receive electronic invoices in PDF format.
5.4 Unless otherwise agreed in writing, payment must be made within 10 days of the invoice date without deduction. If the payment deadline is exceeded, we are entitled to charge interest on arrears at the statutory rate (currently 4% p.a.).
6. Retention of title
6.1 All delivered goods remain our property until the purchase price has been paid in full (reserved goods).
6.2 The customer is only entitled and authorised to resell the goods subject to retention of title on condition that the claim from the resale is already deemed to have been assigned to us. The customer is not entitled to dispose of such claims by assignment.
6.3 In the event of seizure of the goods subject to our retention of title or any other claim by third parties, the customer must assert our right of ownership and inform us immediately.
6.4 If the retention of title is not recognised or is invalid under the laws of the country to which our goods are sold within the scope of the extended retention of title, the best possible security for our rights permitted under the laws of that country shall be deemed to have been agreed.
7. Right of withdrawal or revocation (hereinafter referred to uniformly as ‘right of revocation’)
You have the right to withdraw from your contractual declaration or an already concluded contract within fourteen days without giving reasons.
The withdrawal 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 goods. If you have ordered the goods as part of a single order and these goods are delivered separately, the withdrawal period begins on the day on which you or a third party designated by you, who is not the carrier, takes possession of the last goods.
If we have not fulfilled our obligation to inform you of the existence of the right of withdrawal (conditions, deadlines and procedure for exercising this right), the withdrawal period is extended by twelve months. If we provide the information within twelve months of taking possession of the goods, or in the case of separate delivery of the last goods, the withdrawal period ends 14 days after the date on which you receive this information.
To exercise your right of withdrawal, you must inform us
BERTRAMS GmbH & Co KG
Stelzhamergasse 4/7
1030 Vienna
Austria
Email: info@ofenfeinstaubfilter.de
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form sent to you, but this is not mandatory. To comply with the withdrawal period, it is sufficient to send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from your contract declaration or a contract that has already been concluded, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.
We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
If we have offered to collect the goods, we will arrange for the refund immediately.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract.
BERTRAMS GmbH & Co KG
Stelzhamergasse 4/7
1030 Vienna
Austria
. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. The costs are estimated at the appropriate amount indicated on the ‘Shipping costs and delivery conditions’ page.
Please return the goods in their original packaging if possible, or pack them in such a way that damage during transport can be ruled out as far as possible.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.
8. Warranty and limitation of liability
8.1 The warranty is governed by the statutory provisions.
8.2 We are only liable for damage caused to the customer by us or our vicarious agents through wilful intent or gross negligence. This does not apply to liability for personal injury, a contractually assumed guarantee and claims under the Product Liability Act.
8.3 To the extent legally possible, we are not liable for mere financial losses, consequential damages, lost profits and other indirect or consequential damages, as well as for damages arising from third-party claims.
8.4 The customer is requested to familiarise themselves with all product-specific instructions for use, maintenance and cleaning, which we provide with the delivery, including in the installation instructions. We shall not be liable for any disadvantages or damage resulting from failure to observe these instructions, unless this is due to faulty instructions.
9. Offsetting of claims
9.1 The customer may only offset claims against BERTRAMS GmbH & Co KG with their own claims that are legally related to their liability, have been established by a court of law or recognised by us, or in the event of our insolvency.
10. Term, termination and blocking of the user account
10.1 The contract for the user account is concluded for an indefinite period.
10.2 The customer may terminate this contract at any time by deleting the account in writing by email and/or in the ‘Account’ area.
10.3 We are entitled to terminate the contract for the user account with one month’s notice to the end of the month. Termination shall be effected by sending an email to the email address provided by the customer.
10.4 This shall not affect our right to terminate this contract at any time without notice for good cause. Instead of extraordinary termination, we are also entitled to issue a warning to the customer and/or temporarily block the account. At the same time as the block, we will request the customer to remedy the breach within a reasonable period of time.
11. Final provisions
11.1 The place of performance is the registered office of BERTRAMS GmbH & Co KG.
11.2 Every contract concluded in our online shop is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the referral provisions of international private law.
11.3 The contract language is German. Versions of these terms and conditions in other languages are for guidance only. The German version is the only authoritative version.
11.4 The contract text is not stored. We recommend that the customer archive our order confirmation and the General Terms and Conditions attached as an attachment.
11.5 The arbitration bodies responsible for consumer disputes arising from transactions conducted via our web shop platform are:
Internet Ombudsman
c/o Austrian Institute for Applied Telecommunications (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Telephone: +43 1 595 211 275
Fax: +43 1 595 21 12 99
Email: kontakt@ombudsstelle.at
Association for Consumer Arbitration
Mariahilfer Straße 103/1/18, 1060 Vienna
Tel.: +43 (0)1 890 63 11
Fax: +43 (0)1 890 63 11 99
Email: office@verbraucherschlichtung.at
We decide on a case-by-case basis whether to participate in dispute resolution proceedings.