General
Sanotechnik Handelsgesellschaft m.b.H (hereinafter referred to as the "Seller") operates the service "Online Ordering" on the Internet at www.sanotechnik.at (hereinafter: "Website").
Scope
Deliveries, services, and offers by the Seller are exclusively based on these General Terms and Conditions (GTC); the Seller does not recognize any conditions of the customer that contradict or deviate from these GTC, unless explicitly agreed upon. The Seller's actions in fulfilling the contract do not imply acceptance of contractual terms that deviate from these GTC.
The customer is a consumer if they conclude the contract for purposes that predominantly do not relate to their commercial or independent professional activity.
Conclusion of Contract
The goods and services displayed on the website do not represent a binding offer. Instead, they invite the customer to submit a binding offer to the Seller. By sending an order, the customer makes a binding offer. The Seller can then accept or reject this contractual offer. Acceptance occurs by issuing a declaration of acceptance sent via a separate email or by dispatching the goods.
The ordering process in the Seller's online shop is as follows:
The customer can select products from the Seller's range and collect them in a so-called shopping cart by clicking the "Add to Cart" button or go directly to the checkout by clicking the "Buy Now" button. By clicking the "Cart" button, the customer gets an overview of the selected products. By clicking the "Checkout" button, they make a binding offer to purchase the goods in the cart. Before submitting the order, the customer can change and review the data at any time. The application can only be submitted and transmitted if the customer accepts these GTC by clicking on the "I agree to the Terms of Use" button and thus includes them in their offer. During the checkout process, the customer must first register and then complete the payment process. The Seller then sends the customer an automatic confirmation of receipt via email, listing the customer's order again. The automatic confirmation of receipt merely documents that the customer's order has been received by the Seller and does not constitute acceptance of the purchase offer. The contract is only concluded by the Seller's declaration of acceptance sent via a separate email or by dispatching the goods.
4. Consumer's Right of Withdrawal according to § 11 FAGG
1. The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), can withdraw from a contract concluded outside the Seller's business premises or from a distance selling contract within fourteen working days without providing reasons, unless a statutory exception applies.
2. The withdrawal period is fourteen calendar days. It begins in the case of contracts for the delivery of goods on the day the consumer (customer) or a third party designated by them, who is not the carrier, takes possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, it begins on the day the consumer (customer) or a third party designated by them, who is not the carrier, takes possession of the last good. It is sufficient if the consumer (customer) sends the withdrawal declaration within the period.
3. The right of withdrawal does not apply to goods made to customer specifications, clearly tailored to personal needs, not suitable for return due to their nature, quickly perishable, or whose expiration date has been exceeded (§ 18 Abs 1 FAGG).
4. If the consumer (customer) withdraws from the contract, the Seller must refund the payments received from the consumer (customer), including delivery costs (except additional costs arising if the consumer [customer] chose a different type of delivery than the least expensive standard delivery offered by the Seller), and compensate the necessary and useful expenses incurred by the consumer (customer) for the item. In return, the consumer (customer) must return the received goods to Sanotechnik Handelsgesellschaft m.b.H., at the address A-2752 Wöllersdorf, Industriestraße 5, and pay the Seller reasonable compensation for use, including compensation for any associated reduction in the common value of the goods.
5. The consumer must bear the direct costs of returning the goods.
5. Prices
The prices are listed on the respective pages of the webshop for the individual items. All prices mentioned by the Seller are, unless otherwise explicitly noted, prices including VAT. The Seller's sales prices do not include shipping costs. Shipping is at the customer's expense. Regarding shipping costs, see point 8 of the GTC.
6. Payment
Payment must be made in advance (Sofortüberweisung).
The following payment methods are available to the customer:
PayPal/VISA/Master Card/AMEX/Maestro/eps-Transfer/Klarna-Invoice/Klarna-Immediate Payment
In the event of the customer's payment default, the Seller is entitled to claim either the actual damage incurred or default interest at the statutory rate. This is 4% p.a. for consumers. The Seller is entitled to claim compound interest in the event of the customer's payment default from the day of delivery of the goods.
7. Contract Subject
The contract subject is the goods and services specified by the customer in the order and/or order confirmation at the prices listed on the website.
The quality of the ordered goods is based on the product descriptions on the website. Images on the website may not accurately represent the products; in particular, colors may vary significantly for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimension, and performance descriptions are given as precisely as possible but may show the usual deviations.
8. Shipping & Return Costs
Regarding shipping costs, see "Pre-contractual Information for Consumers."
The customer must bear the costs for returning the order. Any customs duties incurred for delivery and return from non-EU countries are not borne by the Seller. For further questions regarding potential customs duties, please consult your responsible customs office.
9. Acceptance Default
If the customer does not take over the goods as agreed (acceptance default), the Seller is entitled, after an unsuccessful grace period, to store the goods, for which the Seller may charge a storage fee of 0.1% of the gross invoice amount per calendar day, or to store them at the customer's expense and risk with an authorized tradesman. At the same time, the Seller is entitled to either insist on contract fulfillment or, after setting a reasonable grace period of at least 2 weeks, withdraw from the contract and otherwise utilize the goods.
10. Delivery Conditions
The Seller delivers only within Austria.
The Seller is obliged to perform the service only when the customer has fulfilled all obligations necessary for execution.
Unless otherwise stated in the order confirmation, the Seller will ship the goods within 2 to 10 working days after receipt of payment.
The Seller is entitled to exceed the agreed deadlines and delivery dates by up to one week. Only after this period has elapsed is the customer entitled to withdraw from the contract after setting a reasonable grace period.
11. Minor Performance Changes
If it is not a consumer transaction, minor or other reasonable changes in the Seller's performance or delivery obligations are deemed approved in advance. This applies in particular to deviations caused by the goods (e.g., dimensions, colors, wood and veneer patterns, grain, and structure, etc.).
12. Damages
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injuries or – in consumer transactions – to damages to items taken for processing. The burden of proof for slight or gross negligence lies with the injured party unless it is a consumer transaction. The provisions on damages contained in these GTC or otherwise agreed upon also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
13. Retention of Title
All goods are delivered by the Seller under retention of title and remain the Seller's property until full payment is made. Asserting the retention of title does not constitute a withdrawal from the contract unless explicitly declared. In the case of taking back goods, the Seller is entitled to charge incurred transport and handling costs. In the event of third-party access to the goods subject to retention of title – especially through seizure – the customer is obliged to point out the Seller's ownership and notify the Seller immediately. If the customer is a consumer or not an entrepreneur whose ordinary course of business includes trading in the goods purchased from the Seller, they may not dispose of the goods subject to retention of title until the outstanding purchase price claim is fully paid, particularly not sell, pledge, give away, or lend them. The customer bears the full risk for the goods subject to retention of title, especially for the risk of loss, destruction, or deterioration.
14. Seller's Right of Withdrawal / Unauthorized Withdrawal by the Customer
1. In the case of acceptance default (point 7) or other important reasons, such as the customer's payment default, the Seller is entitled to withdraw from the contract if it has not yet been fully fulfilled by both parties. In the event of withdrawal, the Seller can claim either liquidated damages of 15% of the gross invoice amount or compensation for the actual damage incurred. In case of the customer's payment default, the Seller is released from all further service and delivery obligations and is entitled to withhold any outstanding deliveries or services and demand advance payments or securities, or to withdraw from the contract after setting a reasonable grace period.
2. If the customer withdraws from the contract without authorization or seeks its annulment, the Seller has the option to insist on contract fulfillment or agree to the annulment of the contract; in the latter case, the customer is obliged to pay liquidated damages of 15% of the gross invoice amount or the actual damage incurred.
15. Data Protection
1. The Seller and the customer are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data
Protection Regulation (GDPR), and any other statutory confidentiality obligations.
2. The Seller processes the personal data required for fulfilling the contract. Detailed data protection information (privacy notice) according to Art 13 ff GDPR can be found on our homepage under: "Data Protection".
3. The customer is obliged to take all necessary data protection measures, particularly those in the sense of the GDPR (e.g., obtaining consent declarations from the affected parties), so that the Seller may process personal data for the purpose of the contractual relationship.
16. Change of Address and Copyright
1. The customer is obliged to inform the Seller of any changes to their residential or business address as long as the contractual legal transaction has not been fully fulfilled by both parties. If this notification is omitted, declarations are deemed received even if they are sent to the last known address.
2. Plans, sketches, or other technical documents remain the intellectual property of the Seller, as do samples, catalogs, brochures, images, and the like; the customer does not acquire any kind of usage or exploitation rights.
17. Right of Retention
If it is not a consumer transaction, the customer is only entitled to withhold an appropriate portion of the gross invoice amount in the case of justified complaints – except in cases of reversal.
18. Place of Performance, Contract Language, Choice of Law, Jurisdiction
1. The place of performance is the Seller's place of business.
2. The contract language is German.
3. The contracting parties agree to the jurisdiction of Austrian courts. If it is not a consumer transaction, the court with jurisdiction over the Seller's place of business is exclusively competent to resolve all disputes arising from this contract.
4. This contract is subject to Austrian substantive law, excluding the conflict of law rules of private international law (e.g., EVÜ, Rome I Regulation) and the UN Sales Convention. For a consumer, this choice of law only applies to the extent that no mandatory legal provisions of the state in which the consumer has their residence or habitual abode are restricted.
19. Partial Invalidity
Should any provisions of this contract be legally ineffective, invalid, and/or void, or become so during its duration, this does not affect the legal effectiveness and validity of the remaining provisions. In such a case, the contracting parties undertake to replace the legally ineffective, invalid, and/or void provision with one that is legally effective and valid and, in its economic impact, corresponds to the replaced provision as far as possible and legally permissible.
20. Final Provisions
1. All legally binding declarations based on this contract must be made in writing to the last address provided in writing by the respective other contracting party. If a declaration is sent to the last address provided in writing, it is deemed received by the respective contracting party.
2. The headings chosen for the individual chapters are solely for clarity and cannot be used for interpreting this contract.
3. The assignment of individual rights and obligations from these GTC is only permitted with the express written consent of the other contracting party.