General terms and conditions of business
Zepter Austria GmbH.
We are interested in happy and satisfied customers. That is why we always try to be as generous and helpful as possible and to settle all problems in an amicable way. The following conditions are the framework for our relationship with our customers. "Zepter Austria" GmbH.
1. General scope:
It remains the seller reserved, to accept or reject this agreement request. The request shall be deemed accepted by the seller (according to date of receipt) if it is not in any form whatsoever rejected within a period of 21 days. The seller is entitled to rescind the contract if the buyer itself or whom on his behalf, gives incorrect information, or if he has some assets insolvency proceedings undergoing. All offers, agreements, legally binding acts and declarations of acceptance of the seller are based on the following terms, unless otherwise provided in specific terms or in mandatory legal provisions. Any inconsistency of these terms or any contradictory agreement requires the written consent of the seller. These conditions also apply to the seller. Conflicting terms and conditions of the contractor or the supplier will not be accepted. The buyer acknowledges that any representative of the seller is authorized to make use of the writing for any future reference to sale and delivery conditions stated here. Consumer Protection: The terms and conditions apply both to companies and consumers. If a certain provision in these Terms and Conditions due to mandatory statutory provisions should be invalid, this will no affect the remaining and the other contractual provisions. Instead of an invalid provision shall be deemed agreed which of these legally valid manner comes closest.
2. Conclusion of the contract:
For purchases on the Zepter-Online Shop the customer, once entered its personal data and clicked the button “pay for your order” confirms to know that that order is binding for the goods contained in the basket. Our confirmation of the order receipt is carried out as quickly as possible after the reception of the order, at this point, the contract isn’t closed yet. Rather, the contract is accepted and closed only when there’s an order confirmation or the delivery has been received by us. If the customer doesn’t close the order within 5 days from the adding to the cart of the items, the order is not completed and there’s no bound between the parties. Any detail of the order could be checked on the summary page and, in the event you have forgot something, press the “did you forget an item? Edit the cart” to go back to the previous page.
With the handing over to the consignor, the delivery of the goods shall be deemed made. In application of the Consumer Protection Act this applies to handing over the goods to the buyer or a third party on his behalf. The goods are insured for transport. Any transport damage in writing with an exact description of the nature and extent of the damage needs to be reported within 10 days to the seller. At the request the damaged goods must be handed over. The buyer is not entitled to reject partial deliveries. Service within the meaning of this agreement are effective to the last known address given in writing. In unaccepted or undelivered shipments, seller calculates 3% of the gross selling price as reimbursement of costs. If the buyer fails to send back the item after one month he has to pay every month 5% of the gross price as storage costs, unless higher costs have arisen. Unforeseen obstacles, such as force majeure, war, riots, strikes, staff shortages, power outages, or other involuntary delays in the completion, difficulties in materials procurement, operating breakdowns, transport difficulties, release us from the observance of the agreed delivery period, a claim by the client for compensation for exceeding the transit time isn’t accepterd. A grace period of min. 6 weeks has to be granted to the seller. The delay shall be communicated to the buyer.
3. The terms of payment:
You can choose to pay by credit card, EPS, Paypal or cash on delivery.
In the case of cash on delivery is paid by the buyer, the delivery fee of € 3.50. From an order value of 180.00 EUR we deliver free of charge within Austria.
The shipment fee in all countries except Austria is 15 EUR per order.
4. Retention of title:
Until the full payment of the purchase price by the buyer, the company Zepter Austria GmbH keeps the entire ownership of the purchased item. In judicial seizure or claims by third parties, the buyer is obliged to the ownership of the company Zepter Austria GmbH to point and to inform the latter forthwith from the benefit.
All products are sold according to samples provided. Commercial variations in shape, color, décor and surface, as well as guide, marking and packaging is reserved by the seller. The material designation refers to the essential elements of the product.
6. Other provisions:
The buyer is obliged to communicate any change of his address as long as the order is on delivery and the payment is still open. Any change in the bank account of the buyer, needs to be announced. Contract language is German. Further claims, especially claims for damages, which are not based on intent or shameless gross negligence are excluded. Product liability claims are excluded, to the extent permitted by law. Defects, pursuant to § 6 Abs. 1 Z 4 Consumer Protection Act are applicable only in writing.
In addition to the legal warranty, we guarantee for a period of 30 years, that all stainless steel products are free of material and / or workmanship defects. Transport and delivery charges for warranty service are charged to the customer. Corrigible defects will be corrected at the discretion of the seller either by repair or replacement. In any case, improvement takes precedence over price reduction or rescission. With justifiable complaint the deficiencies are remedied within a reasonable period, the buyer has to make all necessary for the investigation and corrective action measures. For unjustified notices of defects, i.e. that no warranty claim exists, the costs caused by this will be invoiced. Furthermore, the seller assumes no responsibility or liability, especially not under the Product Liability Act, for failure or damage due to improper usage, especially not proper compliance with the operating instructions. there is no warranty by the seller for those items subsequently altered by the contracting party or third parties for services,.
8. Warranty contact:
Complaints due to statutory warranty claims can be asserted at the following address: Zepter Austria GmbH; Linke Wienzeile 170; 1060 Wien
Nullity of just one condition, keep the others valid. The general terms and conditions, in particular the terms of payment, shall be deemed part of the contract. Treaty changes can only be made with the written consent of Zepter Austria GmbH. This applies to all legal relationships between us and the buyer for the right to label domestic parties law of the Republic of Austria with the exception of collision and referral rules and European Purchase Rules. If the consumer isn’t under the Consumer Protection Act as the purchaser, the jurisdiction of the competent court in Linz shall have been expressly agreed for disputes arising from this contract. Claims of the seller against a buyer who is a consumer within the meaning of the Consumer Protection Act, need to be addressed to the factually competent court of the General Court level of the buyer.