General Terms and Conditions of Business of ISTAC Promotion GmbH
in the context of the Hüffermann Fanshop
1. GENERAL:
ISTAC Promotion GmbH, Titanstraße 3, 4062 Kirchberg-Thening (“e-commerce service provider” for short) operates a web shop on behalf of Hüffermann GmbH (“client” for short), where natural and legal persons (“consumer” for short) can view and buy goods.
Detailed information on the e-commerce service provider can be found in the imprint (https://fanshop.hueffermann.de/en/imprint/)
2. SCOPE:
The following terms and conditions apply to all orders via the Hüffermann Fanshop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
3. CONCLUSION OF CONTRACT:
The purchase contract is concluded with the e-commerce service provider ISTAC Promotion GmbH.
The presentation of the products in the web shop merely represents a non-binding online catalog and is therefore not a legally binding offer. You can initially place the products in the shopping cart without obligation and correct your entries at any time before sending your binding order.
By clicking the "Pay now" button in the check-out process, you make a binding purchase offer for the goods contained in the shopping cart. The purchase contract is concluded with the acceptance of the purchase offer. The acceptance of your purchase offer takes place by e-mail immediately after sending the order by sending an "order confirmation/invoice".
As soon as the ordered goods are dispatched, the consumer/entrepreneur will receive a confirmation automatically generated by the e-commerce service provider that the ordered product has been dispatched to the e-mail address he/she provided (“dispatch confirmation” for short). The e-commerce service provider generates the shipping confirmation in the name and on behalf of Hüffermann GmbH.
4. PRICES:
All prices are in EURO (€) including the statutory sales tax at the time the order is fulfilled. The purchase price does not include the shipping costs. The shipping costs are determined during the check-out process.
No sales tax is charged for export deliveries to non-EU countries. Any costs for customs clearance and import must be borne by the consumer/entrepreneur. The sales tax will not be refunded even after submission of an export confirmation.
We also reserve the right to change prices.
5. PAYMENT:
The following payment methods are generally available in the webshop:
- Credit card (VISA / Mastercard)
- Immediate transfer (Klarna)
- PayPal
When paying by credit card, immediate transfer or PayPal, both the purchase price and the shipping costs are due for payment when the order confirmation is sent to the consumer. The debit takes place at the due date.
The payment method "on account" is available for all sales partners defined in advance by the client.
Invoicing is done electronically by email to the email address provided by the consumer/entrepreneur.
6. DELIVERY TERMS:
Shipping costs may apply in addition to the stated product prices. Deliveries are made at the expense and risk of the buyer. You can find more detailed provisions on any shipping costs that may be incurred in the shipping costs table in the web shop.
We only deliver by mail. It is not possible to collect the goods yourself.
Delivery to packing stations is not possible.
Partial deliveries and partial invoices are permitted, whereby partial deliveries are to be paid for by the customer according to the specified payment terms. Only if an agreed delivery date has been exceeded by more than six weeks can the customer withdraw from the contract, allowing a five-week grace period for delivery. If the customer does not accept the goods, we are entitled, after setting a two-week period, to withdraw from the contract and/or to demand compensation for non-performance. We are entitled to demand either 30 percent of the agreed order amount or compensation for the damage actually incurred without proof of damage. Insurance and packaging will be charged at cost price.
7. RIGHT OF WITHDRAWAL / RIGHT OF RETURN:
Consumers are entitled to a right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
The consumer/entrepreneur has the following options for written cancellation:
- The registered user can use the online return management via his customer account. In this way, the registered user immediately receives a confirmation of receipt of the declaration of withdrawal/return registration after delivery of the declaration of withdrawal/return registration.
- The use of the cancellation form provided in the web shop, which should be sent to the e-mail address support@istac-service.at or via the contact form via the web shop.
- The transmission of a written declaration of revocation, after which the user withdraws from the concluded purchase contract.
Consequences of the right of withdrawal
If a user makes use of the right of withdrawal, the purchase price for the ordered products will be refunded to the consumer. The refund must be made no later than 14 days after receipt of the declaration of withdrawal, whereby the repayment by the e-commerce service provider can be withheld until receipt of the goods or proof of the return by the consumer. In addition, the consumer will be reimbursed for the postage costs if the consumer withdraws from the entire purchase. If the consumer was shipped by a forwarding agent and the consumer paid for the forwarding, the consumer will be reimbursed for the cost of the forwarding, but only to the extent of the cost of the cheapest standard shipping by forwarding. Here, too, repayment can be withheld until receipt of the goods or proof of return by the consumer.
Refunds can only be made using the same payment method that was originally used to pay.
In the event of a defective product, we will refund you the purchase price and cover the return costs.
The return costs are to be borne by the consumer.
We will refund the purchase price for an exchange for a different size. A direct exchange of the goods is not possible.
In the following cases, we only reimburse the purchase price excluding shipping and return costs:
- Wrong address given when ordering
- Failure to collect the parcel from the post office/parcel shop on time
These costs must be borne by the consumer, as we cannot assume any liability for third-party faults.
Please send the goods to our warehouse:
ISTAC Promotion GmbH
Titanstraße 3
4062 Kirchberg-Thening
AUSTRIA
8. RETENTION OF TITLE:
The delivered goods remain the property of ISTAC Promotion GmbH until the purchase price has been paid in full, including all ancillary costs. If the customer is in default towards us or if he violates one of the obligations resulting from the retention of title, the entire outstanding claim becomes due immediately. We are entitled to demand the return of the goods owned by us and to collect them, whereby the customer waives the assertion of a retention, for whatever reason. The costs of the return, which does not constitute a withdrawal from the contract, must be borne by the customer.
9. TRANSPORT DAMAGE / COMPLAINT:
Complaints can only be asserted within two working days after receipt of the goods, otherwise claims will be lost. In the case of damaged shipments, the deliverer must immediately arrange for the damage to be determined (delivery agent, freight forwarder, railway, post), otherwise a claim settlement will be rejected. At our discretion, warranty claims can be fulfilled by improving or delivering goods free of defects, but also by granting a reasonable price reduction, especially if a remedy would not be possible or would only be possible with disproportionately high costs. If the delivered goods are modified, improperly handled or processed by the customer, any warranty obligation on our part shall expire. We shall only be liable for the costs of remedying defects carried out by the customer himself if we have given our written consent. Only those properties that have been expressly guaranteed by us in writing are deemed to be guaranteed. Exact information is required for special orders or custom-made products, since we cannot carry out a subsequent exchange or return of goods. We reserve the right to make changes to the assortment. Customary and/or production-related deviations in quality, dimensions, design, equipment and material do not justify a complaint, such as color and dimensional deviations or the like. The warranty period is six months. The burden of proof that a defect for which we are responsible already existed at the time of delivery lies solely with the customer. The warranty period will not be extended due to the rectification of a defect.
10. DISPUTE RESOLUTION:
Consumers have the option of submitting complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr. You can also email any complaints to office@istac.at.
11. PLACE OF PERFORMANCE:
Place of performance and exclusive court of jurisdiction for both contractual partners for deliveries and payments is Linz. Austrian law applies exclusively to the contractual relationship (CISG excepted).
12. IT DATA:
Data such as name, address, order and account data of the customer that is required for the processing of the order and accounting will be saved in our IT systems. The saved data will be used by us only within the framework of the statutory provisions.
13. FINAL PROVISIONS:
If one or more of the above provisions should be or become invalid, the validity of the remaining provisions and of the contract itself shall not be affected. Any invalid provisions shall be replaced by new ones that aim at the same economic result.