General terms and conditions of business
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
pro planche GesbR
A 9900 Lienz
VAT number: ATU 76247269
represented by Roland Tiefnig and Armin Hofmann
3. The offer in our online shop is aimed exclusively at consumers within the meaning of the Consumer Protection Act (KSchG) who have their habitual residence and a delivery address in Austria or Germany.
§2 Conclusion of contract
2. The offer to conclude a purchase contract is made by you as a customer by clicking on the “Buy now” button after completing the order page or by placing an order by telephone or email.
You remain bound to this order for 1 week, i.e. The contract becomes binding if we accept your order within this period.
3. Before the order is bindingly sent, the consumer can go back to the website on which the customer's information is recorded and correct input errors or .cancel the ordering process by closing your internet browser.
5. If your order includes several items, the contract will only be concluded for those items that are expressly listed in our shipping confirmation.
6. Your statutory right of withdrawal (see § 5) remains unaffected by the above regulations in any case.
7. Storage of the contract text for orders via our online shop: We will send you the order data and our general terms and conditions by email. You can view the general terms and conditions at any time at http://www.proplanche.com/agb. For security reasons, your order details are no longer accessible via the Internet.
§3 Prices, shipping costs, payment, due date
1. The prices stated include statutory sales tax and other price components. In addition, there are any shipping costs.
2. The consumer has the option of paying in advance, PayPal or credit card (Visa, Mastercard, American Express).
3. When making an advance transfer, we will inform you of the invoice amount and our bank details in the order confirmation. The invoice amount is due for transfer immediately and must be credited to our account within 5 days at the latest. The conclusion of the contract remains reserved in accordance with Section 2 Paragraph 2. If you pay by credit card, your credit card will be charged when the goods have been shipped by us.
4. In the event of late payment, we can charge default interest of 10% pa or demand a flat rate damages amount of 4.50 euros. We are also entitled to charge you a flat rate damages amounting to 25.00 euros for chargeback costs and our expenses if the amount you have to pay cannot be finally credited to us, particularly due to insufficient credit card coverage, and is therefore charged back. The above flat rate for damages only applies if we do not prove higher damages or you prove lower damages in individual cases. Further legal rights remain unaffected.
5. The goods remain our property until full payment has been made. Extraordinary dispositions such as pledging or assignment as security are not permitted. If the reserved goods are seized, you must inform us immediately and support us in securing our rights and reimburse us for all costs incurred in this regard, in particular those in connection with an objection process.
1. The delivery times stated in the online shop or in our shipping confirmation in accordance with Section 2 Paragraph 2 are calculated from the time of our order confirmation, but not before the invoice amount is credited to our account if payment is made by advance transfer. Unless we specify a delivery time or agree otherwise, this is usually 5-6 working days.
2. The specified delivery date is non-binding and can be postponed by us without giving reasons. If this is the case, you will definitely be notified separately by email.
3. We only deliver to delivery addresses within Austria or Germany. Deliveries within Austria are free of charge for orders over €100.00; for orders under €100.00, a €5.90 shipping flat rate is added at checkout. For deliveries to Germany, we charge a shipping fee of €12.90 for orders worth €150.00 or less; for orders worth more than €150.00 we do not charge a shipping fee.
4. In the event of a cancellation, you will bear the direct costs of the return.
§5 Right of withdrawal
1. When concluding a distance selling transaction, consumers have a statutory right of withdrawal, about which we will inform you as follows:
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us
pro planche GesbR
A 9900 Lienz
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. If you only exercise your statutory right of cancellation with respect to some of the goods you have ordered, you will have to bear the shipping costs that would have been incurred if you had only ordered the goods that remained with you. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You have the goods immediately and in any case no later than fourteen days from the day on which you
pro planche GesbR
A 9900 Lienz
to return or hand over. The deadline is met if you send the goods before the fourteen day period has expired.
In the event of a cancellation, you will bear the direct costs of the return.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
END OF REVOCATION
§6 Customer's rights in the event of defects, warranty
1. Your rights in the event of material and legal defects are determined by the statutory provisions. However, we assume no liability for descriptions from third parties, in particular from customers in the customer reviews published in our online shop.
2. Your statutory right of withdrawal (see § 5) and rights arising from guarantee statements that may have been issued separately or attached to the goods remain unaffected in all cases.
3. The statutory warranty regulations apply.
§7 Choice of law and place of jurisdiction
1. Austrian law applies exclusively to the contractual relationship, excluding uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. We determine the place of jurisdiction.
§8 Severability clause
1. Should one or more provisions of these general terms and conditions be or become wholly or partially ineffective or inadmissible, this does not result in the invalidity of the entire contract.
2. The invalid or invalid provision will be replaced by a regulation that comes closest to the economic purpose of the invalid or invalid provision.
1. Promotional vouchers (value vouchers that cannot be purchased, but that we issue as part of a newsletter registration or an advertising campaign with a specific period of validity) are only valid for the specified online shop, only during the specified period and only once as part of an ordering process redeemable. To be redeemed, the value of the goods must be at least equal to the stated amount of the promotional voucher. Combination with other vouchers or other promotional vouchers is not possible; cash payment or reimbursement is also excluded if no consideration has been provided.
2. Passing on to third parties and publications are prohibited. If you use a promotional voucher to make your purchase, we reserve the right to charge you the original price of the goods you are keeping if - due to your cancellation - the total value of the order falls below the respective value of the promotional voucher.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
pro planche GesbR
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification)
(*) Delete what is not applicable.