General Terms & Conditions. The attached General Terms & Conditions of Salzwelten GmbH (hereinafter referred to as “Salzwelten” or “Vendor”) shall apply.
Rescission Policy for Consumers. I have read and consent to the attached Rescission Policy for Consumers.
Applicable Law. All legal relationships and substantive matters between the Customer and Vendor are subject exclusively to Austrian law under the exclusion of international conflict-of-law statutes. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Mandatory Consumer Rights. With respect to agreements entered into with consumers and insofar as the professional and/or commercial activities of the Vendor are targeted at the home country of the consumer, the protections afforded to the consumer by the mandatory legal statutes of the consumer’s own country of residence shall remain unaffected by the applicable law as stipulated.
Seat of Jurisdiction. The seat of jurisdiction for all disputes as may arise between the Vendor and the business is stipulated as the competent court, ratione loci and ratione materie, for Hallstatt. However, the Vendor is also entitled to file suit before the competent courts of both the Vendor as well as the business. That said, if the Customer is a consumer whose permanent place of residence, customary place of residence or place of employment is within Austria, jurisdiction over disputes arising from this contract will be exercised by one of those courts within whose judicial district the consumer has a permanent place of residence, customary place of residence or place of employment. For consumers who do not have a place of residence in Austria at the time the contract is entered into, the competent courts will be those as stipulated by law.
1. GENERAL TERMS & CONDITIONS
2. ONLINE CONFLICT RESOLUTION FOR CONSUMERS
3. RESCISSION POLICY FOR CONSUMERS
GENERAL TERMS & CONDITIONS e-commerce
of Salzwelten GmbH (“Vendor”), hereinafter referred to in brief as “Salzwelten”.
Definition of Terms. Within these General Terms & Conditions and consistent with the Consumer Protection Act (“Konsumentenschutzgesetz” or “KSchG”), the term “Consumer” pertains to a person who enters into a legal transaction, i.e. who expresses a declaration of intent pertaining to a substantive matter that cannot be ascribed either to their professional or commercial activities. On the other hand, the term “Business” encompasses all those (legal) persons for whom the transaction pertains to the operation of their business. The legal definitions as formulated within the KSchG are ultimately determinative.
Contractual Foundation. Salzwelten enters into agreements and provides services exclusively upon the foundation of the written offers drawn up by Salzwelten, as well as the current version of service descriptions as may be included in the offer (e.g. individual documentation or folders of a general nature), price lists as well as these General Terms & Conditions.
Future Changes. Notice of changes to the descriptions of services, price lists and General Terms & Conditions of Salzwelten will be provided to the Customer in written form and shall be regarded as stipulated insofar as there is no objection received from the Consumer within four weeks or from the Business within two weeks.
Supplemental Agreements. All forms of supplemental agreements, both prior to conclusion of the contract as well as during the term of said contract, must be in written form in order to have validity. For businesses, this also applies to any deviation from the requirement for the written form.
Contractual Components on the Part of the Customer. Contractual provisions supplied by the Customer which pertain to the content of services, even if Salzwelten has knowledge thereof, only then become a component of the contract if they are incorporated into the offer by Salzwelten itself or if Salzwelten indicates its acceptance thereof by, for example, expressly referencing these provisions.
Elements carrying legal weight which are contributed by the Customer, such as the General Terms & Conditions or contractual clauses, even if Salzwelten has knowledge thereof, only have validity if Salzwelten has indicated its acceptance by means of an additional annotation (such as “General Terms & Conditions accepted”) that clearly encompasses the legal texts in questions. Otherwise, Salzwelten expressly objects to the inclusion of elements carrying legal weight, such as General Terms & Conditions or contractual clauses, on the part of the Customer.
That said, the mere acceptance by Salzwelten of provisions from the Customer pertaining to the content of services, in no way indicates acceptance of the Customer’s own legal texts, even if said provisions do contain elements carrying legal weight (e.g. “Our General Terms & Conditions shall apply.”).
Procedure in the Event of Inconsistencies. In the event of inconsistencies between the offer, any descriptions of services (project-specific documentation, general documentation), any price lists as well as the General Terms & Conditions of Salzwelten, these shall find application in the order as cited. That said, the more specific components automatically amend the more general components of the contract.
In the event of inconsistencies between the contractual elements of Salzwelten and the contractual elements of the Customer, all contractual elements of Salzwelten shall have precedence.
Conclusion of the Contract
Offer from Salzwelten. Offers from Salzwelten to the Customer, e.g. in the form of an individual offer to the Customer or a non-individualized offer such as an order voucher, a catalogue or webshop, are subject to change and non-binding without exception.
Offer from the Customer. If the Customer places an order on the basis of an offer or also without solicitation, that is to say without having previously received an offer from Salzwelten, such as supplemental orders within the course of an ongoing business relationship, the Customer, if a business, is bound by said order after two weeks, or if a consumer, after one week subsequent to the order having been received by Salzwelten.
Acceptance by Salzwelten. The contract is only formally achieved upon the acceptance of the order by Salzwelten.
Fundamentally, this acceptance must be in written form. e.g. by means of an order confirmation, other than if Salzwelten clearly indicates its acceptance of the order through actions pertaining to the order that are clearly apparent to the Customer. Mere confirmation of receipt of the order does not constitute any acceptance of the order whatsoever.
Scope of Services, Contractual Fulfilment and Cooperative Obligations of the Customer
Place of Fulfilment with Respect to Businesses. The place of fulfilment is the headquarters of Salzwelten.
Scope of services. The scope of services to be rendered is as laid out in Salzwelten’s written description of services as detailed in all components of the contract. Other sources (such as documentation from presentations, websites or catalogues) not included in the actual offer do not constitute a component of the description of services.
The Customer is obligated to examine the description of services in order to determine its completeness as well as its accordance with the Customer’s requirements. After the order has been placed, changes to the description of services are only possible by mutual consent and may lead, in particular, to changes in pricing, delivery dates and deadlines.
Professional-Quality Services. Insofar as the written description of services does not foresee otherwise, Salzwelten is obligated to provide professional-quality services consistent with prevailing standards at the time the offer was made. Within the framework of the written description of services, Salzwelten does enjoy a degree of discretion in how it provides services insofar as several options consistent with prevailing professional standards are available.
Substitution of Alternate Services. Insofar as may be consistent with the intent of the contract, Salzwelten is entitled to deviate from the description of services and substitute other equivalent services.
Outsourced Services. Salzwelten is entitled to provide the services itself or avail itself of competent third parties in the provision of such services.
Divisible Services. With respect to divisible services, Salzwelten is entitled to undertake partial deliveries.
Delivery Dates and Deadlines. Delivery dates and deadlines cited by Salzwelten are nonbinding, insofar as they are not specifically denoted as binding in nature.
Contract Term. Contracts of an indefinite term may be canceled subject to a potential minimum term and in compliance with a 4-week notice period to the end of the month in question.
Unforeseeable or Unavoidable Events. Unforeseeable or unavoidable events – in particular, the tardiness of the Customer in fulfilling his obligations as well as delays occurring at Salzwelten or at the contractors of Salzwelten that were unforeseeable or unavoidable by Salzwelten – extend delivery periods and/or postpone deadlines equivalent to the duration of the unforeseeable or unavoidable event, plus the duration of essential organizational measures as may prove necessary due to the circumstance in question. Salzwelten shall provide the Customer with written notice thereof.
Cooperative Obligations of the Customer. The Customer must promptly, without prompting and in readily processible form, provide Salzwelten with all written information and all support necessary in order for Salzwelten to render its services.
In particular, this includes provision of a point of contact for the processing of contractual matters, provision of documentation, materials and facilities, agreement to the contractual details and acceptance (approval) of partial and/or complete services.
If the need for the Customer to provide information or services only becomes evident while Salzwelten is in the process of providing said services, the Customer shall supply said information or services without delay.
The Customer shall personally examine the information and/or services he provides with respect to their suitability, correctness and legality.
The Customer is liable for all damages that result from the deficient, delayed or unrendered involvement of the Customer, in particular for any additional efforts and expenses incurred by Salzwelten as a consequence. Insofar as Salzwelten is unable to provide the services as stipulated due to the deficient, delayed or unrendered involvement of the Customer, Salzwelten is also entitled, and without prejudicing any other of its rights, to interrupt the performance of services, to first interpose other services on behalf of other customers, and only after said services have been completed to then continue provision of services for the Customer, insofar as the Customer has fulfilled his cooperative obligations by that point in time, with all delivery dates and deadlines postponed commensurately.
If a lawsuit is brought against Salzwelten by a third party due to a legal violation associated with information or services provided by the Customer, the Customer shall indemnify Salzwelten and support Salzwelten in its defense against any and all claims brought by the third party.
Interference by the Customer. If the Customer interferes at his own behest and makes unauthorized unilateral changes to the services being provided by Salzwelten, the Customer is liable for the additional costs and effort incurred by Salzwelten, e.g. inspection, documentation, the determination, assignment and mitigation of defects etc.
Prices. All prices are in euros ex the Salzwelten corporate headquarters or place of business. With respect to contracts with businesses, VAT is charged extra. With respect to contracts with consumers, prices include VAT at the statutory rate.
Supplemental Services. All services provided by Salzwelten which are not expressly covered by the remuneration as originally stipulated, in particular supplemental services agreed upon at a later date, are remunerated separately.
Advance on Expenses. Salzwelten is entitled to demand advance payment in order to cover its own ongoing expenditures.
Partial Services. Salzwelten is entitled to bill for partial services.
Unwarranted Withdrawal. In the event of unwarranted withdrawal, rescission or cancelation (with respect to a work service agreement) by the Customer, Salzwelten is entitled to the stipulated remuneration notwithstanding. In such a circumstance, Salzwelten must merely deduct any potential savings resulting from those purchases which were no longer necessary. The same applies if Salzwelten withdraws from the contract due to a material reason within the sphere of the Customer.
Price Adjustment. With respect to contracts with an indefinite term as well as agreements in which the term is extended automatically, Salzwelten is entitled to adjust pricing on an annual basis in order to reflect factors such as inflation, consumer and producer price indexes, collective labor agreements, currency fluctuations as well as external factors over which Salzwelten has no influence.
Furthermore, Salzwelten is also entitled, subsequent to entering into the agreement, to undertake commensurate price adjustments for individual services if the costs associated with said services rise by more than 5% absent any influence on the part of Salzwelten. In the reverse scenario, consumers do have the right to demand remuneration be lowered correspondingly.
Maturity Payment, without deductions, of the invoices issued by Salzwelten becomes due as of the billing date. As a rule, services are only rendered after payment has been received in full.
Payment Date. Bills from Salzwelten are to be paid within 7 days of invoice receipt.
Payment Date for Online Transactions. With respect to online transactions, the invoices from Salzwelten must be paid at the same time the order is placed.
Retention of Title. Until payment by the Customer has been received in full, Salzwelten shall retain title to all goods which have been delivered by Salzwelten until such time as complete payment of the purchase price together with all associated interest charges and costs have been received. In the event of payment delinquency, Salzwelten is entitled to assert its title retention rights. In such a circumstance, the Customer consents to Salzwelten taking repossession of its goods. Assertion of title retention rights by Salzwelten does not constitute withdrawal from the contract, unless Salzwelten expressly states it is rescinding said contract. In the event the Customer has resold the goods, the Customer relinquishes his own claims against the purchaser for the purposes of securing said goods to Salzwelten. Salzwelten is entitled to notify the purchaser of the aforementioned relinquishment.
Prohibition of Offsetting and Withholding. Customers who are businesses, even with respect to interconnected claims, are not entitled to offset their own claims against those of Salzwelten, unless the claim of the Customer has been recognized in writing by Salzwelten or ordered by a court of law. A withholding right on the part of a customer who is a business is excluded.
Payment Default. In the event of delinquent payment, with respect to contracts with businesses the applicable statutory interest rates applying to transactions between businesses, though at least 9% per annum, shall be paid; with respect to contracts with consumers, the payable interest rate will be in the amount of 9% per annum. The Customer shall bear all costs and expenditures associated with collection including costs associated with pursuit of necessary legal remedies to that same end.
Installment Payments. Insofar as Salzwelten and the Customer have entered into an agreement for payments in installments, it is stipulated that, in the event that any single installment is not made on time, all other outstanding installments will also become due immediately and without requirement of a grace period. With respect to contracts with consumers, the provision at hand shall apply analogously insofar as Salzwelten has rendered the service in question in full, even if only one customer payment is in arrears and at least six weeks overdue, and if Salzwelten has sent the Customer a reminder stipulating a grace period of at least two weeks under pain of default.
Assumption of Risk, Warrantee and Liability
Transfer of Risk with Respect to Businesses. When goods are shipped, risk is always transferred to the Customer as soon as Salzwelten has handed over the goods to the shipping company. Shipped goods are not insured insofar as the Customer has not instructed Salzwelten to insure the goods at the Customer’s own expense.
Obligation to provide Notice of Defect with Respect to Businesses. If Salzwelten requires provisional acceptance, no later than 8 days subsequent to the delivery of goods or subsequent to going live with the delivered/receivable services, the Customer must confirm in writing his acceptance (“approval”) thereof or provide written notice of any potential defects or damages.
Hidden defects or damages which only become apparent subsequent to 8 days, yet within operative periods for guarantee, warrantee or damage claims, must be brought to the attention of Salzwelten by the Customer within 8 days subsequent to actual discovery.
The obligation to notify encompasses all defects or damages which the Customer might be expected to recognize in the course of an established business exercising due diligence within the scope of appropriate inspections.
In the event of the Customer’s failure to notify of defect in timely fashion, the assertion of guarantee, warrantee or damage claims as well as claims based on other liability regulations, in particular claims of redress, by the Customer is expressly excluded.
Guarantee. Insofar as components of the Vendor’s contractual performance are covered by a third-party guarantee (e.g. manufacturer’s guarantee), this guarantee must be asserted directly with the third party in question.
In the event of guarantee assurance on the part of Salzwelten, the time period within which to assert related claims commences at the time of delivery. Guarantee-related claims lapse six months subsequent to the Customer becoming aware of any instances covered by the guarantee, though no later than expiration of the original guarantee coverage period. If the guarantee assurance does not explicitly state the substance of the guarantee, Salzwelten will be liable for product characteristics as are customarily assumed.
Warrantee Rights. Consumers enjoy rights as stipulated under warrantee law (“Gewährleistungsrecht”). Furthermore, consumers also have the right to those additional guarantees or customer services detailed within the scope of the product description.
The right to warrantee and the right to warrantee regress are limited to six months with respect to businesses. With regards to used goods, the warrantee rights of companies are completely excluded.
The Customer, as a business, has the right to rectification or exchange, or, in the event of insignificant defects, to a price reduction, or, in the event of significant defects, to conversion at the discretion of Salzwelten. Remedy of the defect neither extends the warrantee period enjoyed by businesses nor does it recommence the warrantee period for the performance component that had been affected by the remediated defect.
Error, Laesio Enormis with Respect to Businesses. The right to contest based on error or laesio enormis is excluded.
Damages and Other Claims. Claims for damages and claims based on other warrantee provisions, in particular claims for redress, on the part of the Customer are excluded, insofar as, with respect to agreements with businesses, these are not based upon flagrant gross negligence or premeditation, or, with respect to agreements with consumers, not upon the gross negligence or premeditation of Salzwelten.
Such claims with respect to businesses lapse six months subsequent to discovery of the damage and of the party responsible for said damage; though in any event three years subsequent to the act which originally resulted in said damage.
Excluded from this liability disclaimer are claims due to personal damages and due to other non-dispositive liability provisions.
Third-Party Protections. It is expressly stipulated that this agreement does not extend any protections to third parties.
Onus of Proof with Respect to Businesses. Inversion of the onus of proof to the detriment of Salzwelten is excluded. In particular, evidence of the presence of a defect at the time of acceptance, the time at which the defect was detected, the timeliness of the notification of defect as well as the presence and degree of culpability must be provided by the Customer.
Grace Period with Respect to Businesses. In the event of failure to fulfil the contract in accordance with the agreement, the Customer is only then entitled to assert claims if the Customer has granted Salzwelten a reasonable grace period of not less than fourteen days. This also applies to dissolution of the contract for good cause.
Avoidance of the Contract with Respect to Businesses. Avoidance of the contract by the Customer must be declared in writing by means of registered letter.
Data Privacy Protections by Salzwelten. The processing of personally identifiable data from the Customer and/or the Customer’s affected employees by Salzwelten for the purposes of contractual fulfilment is pursuant to the voluntary consent of the Customer (e.g. with respect to specific categories of data), the existing contractual relationship as well as legal statutes.
There exists no obligation to grant consent (e.g. with respect to specific categories of data) or to enter into an agreement. Failure to grant consent and/or enter into an agreement will, however, result in Salzwelten being unable to accept the order.
Further Processing. Salzwelten will further process data for purposes consistent with the contractual fulfilment in order to conduct direct marketing in forms that do not require explicit consent, such as addressed postal mailings of advertising.
Further processing of data for such direct marketing purposes as do require explicit consent, such as the electronic mailing of advertising or the display of personalized advertising, will only occur pursuant to additional voluntary consent being granted by the Customer. The Customer is under no obligation to grant consent. Failure to grant consent will merely mean that the Customer will not receive any advertising in forms that require expressed consent.
Disclosure of Data. All data are subject to stipulated and statutory obligations requiring confidentiality and the protection of personally identifiable data. Any disclosure of the Customer’s data, other than disclosure to recipients typical within the industry such as banks, tax consultants, attorneys, shipping companies etc., will only occur as allowed by law or in agreement with the Customer.
Worldwide Processing. The Customer consents to the worldwide processing of their data, in particular in order to allow remote access to Salzwelten for purposes of agreement-related processing procedures, e.g. in emergency circumstances when representatives of Salzwelten might be absent due to business travel.
Storage Duration. The Customer’s data will be stored for the purpose of documentation and in order to fulfil legal obligations for a maximum of thirty years subsequent to completion of the contract.
Revocation Rights. The Customer has the right to revoke their consent at any time. In the event that consent had been expressed in written form, the revocation may only be in writing. In the event that consent was expressed for the receipt of electronic advertising, this may also potentially be revoked by clicking on an unsubscribe link. In the latter circumstance, insofar as no legal provisions require the contrary, the processing of data will cease. This shall not affect the legality of any data which had been processed prior to notice of revocation.
Objection Rights. The Customer has the right to object to the processing of their personally identifiable data for the purposes of direct advertising. In the event of objection, personally identifiable data will no longer be used for the purposes of direct advertising.
The Rights of Affected Parties. The Customer and/or their affected employees have the right to information, correction or deletion of their personally identifiable data, the right to restrict the processing thereof, the right to require transmission of said data back to them in a readily accessible and comprehensible form, and the right to submit a complaint to the data oversight authorities. The contact information for the Austrian Data Privacy Office is: Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Wien, telephone: +43 1 531 152 - 0, email: firstname.lastname@example.org.
Applicable Law. All legal relationships and issues between the Customer and Salzwelten are subject exclusively to Austrian law under the exclusion of international conflict-of-law statutes.
Binding Consumer Rights. With respect to agreements entered into with consumers and insofar as the professional and/or commercial activities of Salzwelten are targeted at the home country of the consumer, the protection afforded to the consumer by the mandatory legal statutes of the consumer’s own country of residence shall remain unaffected by the applicable law as stipulated.
UN Convention on Contracts for the International Sale of Goods (CISG). The provisions of the CISG have no applicability to agreements entered into with businesses.
Seat of Jurisdiction. The seat of jurisdiction for all disputes as may arise between Salzwelten and the business is stipulated as the competent court, ratione loci and ratione materie, for Bad Dürrnberg. Salzwelten is also entitled to bring suit at the courts with general jurisdiction over Salzwelten as well as over the Business.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Online consumer platform for dispute resolution. In order to resolve disputes arising with consumers, the EU has established an “Online Dispute Resolution Platform” (ec.europa.eu/odr). Salzwelten determines its participation in dispute resolution proceedings on a case-by-case basis. For any questions pertaining to dispute resolution, Salzwelten may be contacted at email@example.com.
RESCISSION POLICY FOR CONSUMERS
Rescission Right. With respect to sales transactions entered into remotely, consumers have the right to rescind the agreement within fourteen days without any requirement to state a reason.
Rescission Period. The rescission period is fourteen days
- in the event of a contract for delivery of goods, from the day on which the Consumer or a third-party appointed by the Consumer, who is not the carrier, has taken possession of the goods;
- in the event of a contract for several items which the Consumer had ordered within the scope of a single order and which are to be delivered separately, from the day on which the consumer or a third-party appointed by the Consumer, who is not the carrier, has taken possession of the final item;
- in the event of a contract for goods to be delivered in multiple partial shipments or in pieces, from the day on which the Consumer or a third-party appointed by the Consumer, who is not the carrier, has taken possession of the final partial shipment or final piece
- in the event of a contract for regular delivery of goods over the course of a specific timeframe, from the day on which the Consumer or a third-party appointed by the Consumer, who is not the carrier, has taken possession of the first item
- in the event of a service contract, with the exception of services in the lodging sector other than for residential purposes, shipment of goods, rental of vehicles as well as delivery of foods and beverages and services provided within the scope of recreational activities, insofar as a specific point in time or time period for contractual fulfilment by the contractor is contractually stipulated, from the formation of the contract.
The Consumer is deemed to have complied with the rescission deadline if the Consumer has sent notice of his intention to exercise his rescission right prior to the deadline having been reached.
Explanation of Rescission. In order to exercise their rescission rights, consumers must inform the Vendor (Salzwelten GmbH, Salzbergstraße 21, 4830 Hallstatt, 06132/2002400, firstname.lastname@example.org) about their decision to rescind the contract by means of an unambiguous declaration (e.g. a letter sent via the postal services, a fax or email). In order to do so, consumers may use, though are not required to, the template rescission form provided below.
Template Rescission Form. (In order to rescind the contract, please complete and return this form)
I/we (*) hereby rescind the contract which I/we (*) have entered into for the purchase of the following goods (*)/provision of the following service (*) —
Ordered on (*)
Received on (*)
Name of the Consumer(s) —
Address of the Consumer(s) —
Postal address of the Consumer(s) (only if notification is sent in paper form) —
(*) cross out whichever does not apply.
Consequences of Rescission pertaining to Goods. If the Consumer rescinds a contract, the Vendor must refund all payments which the Vendor has received from the Consumer, including delivery costs (with the exception of additional costs resulting from the Consumer having elected a form of delivery other than the one offered by the Vendor as the least expensive form of standard delivery), to do so promptly and no later than fourteen days subsequent to the Vendor having received the notice from the Consumer of his intent to rescind the contract. In order to make the refund, the Vendor will use the same method of payment which the Consumer used for the original transaction, other than if something else has been expressly agreed upon with the Consumer; under no circumstance will the Consumer be charged for this refund.
The Consumer must send back or hand over the goods without delay and, under all circumstances, within fourteen days from the day on which the Consumer informed the Vendor about his intent to rescind the contract. The deadline is considered to have been met if the Consumer has sent off the goods prior to the fourteen-day deadline.
The Vendor may withhold the refund until the Vendor has received the returned goods or until the Consumer has provided evidence that the Consumer has sent the goods back, whichever of these occurs earlier.
The Consumer must only bear the expense of any potential loss of value of the goods if further examination of the state, characteristics and functionality of the goods indicates that the loss of value is due to improper handling. This is particularly the case if the seal has been broken on cosmetics from Salzwelten since, in that case, resale would be either difficult or only possible at a significantly reduced price.
The Consumer bears the immediate costs for return shipment of the goods.
Consequences of Rescission pertaining to Services. If the Consumer withdraws from a service contract which the Vendor has already begun to provide, the Vendor is entitled to bill the consumer an amount proportionate to the contractually stipulated total price for such services as had been provided up to the point of rescission.
Exclusion of Rescission Rights. Consistent with § 18 FAGG, consumers have no rescission rights for:
- goods that were delivered sealed and, due to health or hygiene reasons, are not suitable for return insofar as their seal was removed subsequent to delivery. In particular, this includes food products from Salzwelten, insofar as the seal was removed subsequent to delivery.
- services that are provided within the context of recreational activities, insofar as a specific point in time or timeframe is contractually stipulated for contractual fulfilment by the Vendor; in particular, this includes tickets and vouchers for Salzwelten, insofar as they are issued for a specific point in time or timeframe.
The English translation at hand is intended purely for informational purposes and only the original German text shall be regarded as authoritative in all legal matters and transactions.