General Terms and Conditions
Section 1 – Scope of application and provider
(1) These General Terms and Conditions apply to all orders placed with the online store of Bolter Sockenmanufaktur, Manager: Alexander Bolter,
Service hotline: +43 678 / 121 58 50,
(2) The product range in our online store is exclusively aimed at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions apply to companies and therefore also apply to all future business relationships, even if they are not explicitly agreed upon again. The inclusion of a customer’s General Terms and Conditions that conflict with our General Terms and Conditions is hereby objected to.
(4) The contract language is exclusively German.
(5) You can view and print the currently valid General Terms and Conditions on the website www.bolter-socken.at.
Section 2 – Conclusion of the contract
(1) The product presentation in the online store is not a binding offer to conclude a sales contract. Rather, it is an invitation to order goods in the online store.
(2) By clicking on the button “Order now with obligation to pay”, you submit a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This acknowledgment of receipt does not represent acceptance of your purchase offer. A contract is not concluded by the acknowledgment of receipt.
(4) A sales contract for the goods is only concluded when we explicitly declare the acceptance of the purchase offer or when we send the goods to you without prior explicit declaration of acceptance.
Section 3 Prices
The prices listed on the product pages include the legal value-added tax and other components of the price and are subject to the respective shipping costs.
Section 4 Payment Terms; Default
(1) Payment is made either:
- Invoice with advance payment,
- Credit card,
- Paypal or
- Direct debit.
(2) If you choose advance payment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the goods.
(3) If paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (“authorization”). The actual debit of your credit card account will occur when we ship the goods to you.
(4) If paying by direct debit, you may have to bear any costs that arise from a chargeback of a payment transaction due to insufficient funds or because of incorrect bank data transmitted by you.
(5) If you are in default of payment, you are required to pay the legal default interest of 5 percentage points above the basic interest rate. If you are in default of payment, you are required to pay the legal default interest of 5 percentage points above the basic interest rate. For each reminder letter that is sent to you after default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
Section 5: Set-off/Retention Right
(1) You have the right to set-off only if your counterclaim has been legally established, is not disputed by us or has been recognized by us, or is in a close mutual relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Section 6: Delivery; Reservation of Title
(1) Unless otherwise agreed, delivery of the goods will be made from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are a businessman in the sense of § 14 BGB (German Civil Code), the following applies:
We reserve the right of ownership to the goods until the full settlement of all claims from the ongoing business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security assignment is not permitted.
You may resell the goods in the normal course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not fulfill your payment obligations in an orderly manner, we reserve the right to collect the claims ourselves.
In the event of the connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities entitled to us upon request to the extent that the realizable value of our securities exceeds the secured claims by more than 10%. The selection of the securities to be released is at our discretion.
Section 7: Right of revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), that is, you make the purchase for purposes that can predominantly not be attributed to your commercial or self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods or has taken possession of them. To exercise your right of revocation, you must inform us
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of Withdrawal
If you cancel this contract, we will reimburse you all payments received from you, including delivery costs (excluding the additional costs incurred from choosing a different delivery method than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we received your notice of cancellation of this contract. We will use the same payment method as you used for the original transaction, unless explicitly agreed otherwise. No fees will be charged for this reimbursement. We can refuse reimbursement until we receive the goods back or until you provide evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and no later than fourteen days from the date you inform us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. You will bear the direct costs of returning the goods. You will only be responsible for any loss of value of the goods if the loss is due to handling that is not necessary to check the nature, characteristics, and functioning of the goods.
End of Withdrawal Information
(1) The right of withdrawal does not apply to deliveries of goods that are not pre-manufactured and for which an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g., T-shirts with your photo and name), or to deliveries of sealed goods that are not suitable for return due to health protection or hygiene reasons if the seal has been removed after delivery.
(2) Please avoid damages and contamination. Please send the goods back to us in the original packaging with all accessories and packaging components. Use protective packaging if necessary. If you no longer have the original packaging, please ensure adequate protection against transport damage with a suitable packaging, to avoid claims for damages due to inadequate packaging.
(3) Please call us at +43 678 / 121 58 50 before returning to announce the return. This will allow us to quickly associate the products.
(4) Please note that the conditions described in paragraphs 2 and 3 are not a requirement for the effective exercise of the right of withdrawal.
Section 8: Transport Damage
(1) If goods are delivered with obvious transport damages, please report such errors immediately to the delivery person and please contact us as soon as possible.
(2) Failure to report or make contact does not have any consequences for your legal warranty rights. However, it helps us to assert our own claims against the freight forwarder or transport insurer.
Section 9: Warranty
(1) Unless otherwise agreed, your warranty claims shall be governed by the statutory provisions of the Sales Act (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the statute of limitations for warranty claims for used items deviates from the statutory provisions – one year. This restriction does not apply to claims for damages due to injury to life, body or health or due to the breach of an essential contractual obligation whose performance makes the proper performance of the contract possible in the first place and whose performance the contractual partner may regularly rely on (cardinal obligation), and for claims for damages arising from other damages that are based on intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Otherwise, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
Only our own statements and the manufacturer’s product description are binding for the quality of the goods, not public advertisements and statements and other advertising by the manufacturer.
You are obligated to examine the goods immediately and with the necessary care for deviations in quality and quantity and to report obvious defects to us within 7 days of receipt of the goods. The timely dispatch shall suffice for compliance with the deadline. This also applies to later discovered hidden defects from the discovery. If you fail to comply with the obligation to examine and to notify, the assertion of warranty claims is excluded.
In the case of defects, we grant warranty by remedying the defect or by delivering a replacement (subsequent performance). In the case of remedying the defect, we do not have to bear the increased costs incurred by the transport of the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.
The warranty period is one year from the delivery of the goods.
Section 10: Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the provisions of the Product Liability Act.
(2) Limited liability: In the event of a slightly negligent breach of duty, our liability is limited to the contract-typical, foreseeable damage. This also applies to slightly negligent breaches of duty by our vicarious agents.
(3) The limitations of liability set forth in paragraph 2 shall not apply to damages arising from injury to life, body or health or due to the breach of an essential contractual obligation whose performance makes the proper performance of the contract possible in the first place and whose performance the contractual partner may regularly rely on (cardinal obligation).
(4) In all other respects, the statutory provisions shall apply.