General terms and conditions of business
1. Scope
1.1. The following general terms and conditions (“GTC” for short) apply to the contract concluded between the customer, including his legal successor, and Andreas Ecker, including his legal successor, via the online shop www.waldstueck.at, including the domains forwarded thereon, for the delivery of the goods Andreas Ecker offered goods. All deliveries and services from Andreas Ecker are carried out exclusively on the basis of the General Terms and Conditions valid at the time of the order.
1.2. Andreas Ecker reserves the right to adapt and change the terms and conditions accordingly.
1.3. Both consumers and entrepreneurs are considered customers according to point 1.1. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity that appoints for commercial, self-employed or freelance purposes.
1.4. The contract language is German.
2. Orders and conclusion of contract
2.1. The display of products in the online shop www.waldstueck.at does not constitute an offer, but rather only an invitation to place an order. You can order goods by completing the electronic ordering process via our online shop. When you select one or more products, the latter are placed in the virtual shopping cart. In the shopping cart, all products assigned to it can be viewed and the number of products can be changed or individual products can be removed. By clicking the “Checkout” button, you will be asked to enter the information relevant to shipping and to select a payment method. Before completing the order, you will be shown a summary of all information relevant to the order. By pressing the “Buy” button, the ordering process is completed.
2.2. Your order represents a binding offer. The statutory right of cancellation/withdrawal (see point 10) remains unaffected. Confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract by Andreas Ecker. We can accept your order by sending an order confirmation by email or by delivering the goods.
2.3. Unless otherwise agreed or announced, our advertising offers are subject to change.
3. Prices
3.1. The prices listed for the products at the time of ordering apply to orders. All prices are total prices. They are inclusive of all taxes including VAT and duties.
3.2. Any fees due to exchange rates must be borne by the customer.
3.3. If shipping to a third country outside the EU or EEA is agreed, you must bear all additional costs incurred, in particular customs duties and taxes.
4. Payment methods & due date
4.1. We accept the following payment methods: credit card (Visa, Mastercard), Paypal, prepayment.
4.2. If no other payment method has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. The goods will only be delivered once the amount has been received in our bank account.
4.3. You agree that you will only receive credit notes and invoices in electronic form.
4.4. Credit card billing is carried out by https://stripe.com or https://www.paypal.com.
5. Shipping costs & delivery conditions
5.1. We only deliver within the EU member states. The shipping costs must be borne by the customer.
5.2. You must bear the costs of an EMS shipment (Express Mail Service).
5.3. Andreas Ecker is entitled to partial deliveries and partial services. Andreas Ecker will bear any additional costs incurred.
5.4. Delivery is carried out by an external logistics provider.
5.5. If the goods cannot be delivered due to force majeure or product discontinuation or if Andreas Ecker cannot reproduce the ordered products under reasonable conditions and if these circumstances only arise after the contract has been concluded and are not the responsibility of Andreas Ecker, Andreas Ecker will be released from the delivery obligation. Should events occur that make delivery significantly more difficult or impossible for Andreas Ecker - for example strikes, environmental and other disasters, official orders or similar - Andreas Ecker is not responsible for delays, even if deadlines and dates have been bindingly agreed.
6. Warranty
6.1. The provisions regarding the legal warranty apply.
6.2. If you have any complaints based on statutory warranty claims or other complaints, please contact office@waldstueck.at.
7. Disclaimer for minor negligence
7.1. Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or product liability claims.
7.2. The same applies if the products are not displayed correctly on the website due to technical problems or (writing) errors or inaccuracies or if there are other errors on the website.
8. Delay in acceptance and non-delivery
8.1. The period of time for which a package that is not accepted by the customer or is undeliverable varies from country to country and depends on the conditions of the postal service provider operating in that country.
8.2. If the unaccepted or undeliverable package is returned by the respective postal service provider, the customer must bear the resulting costs. Andreas Ecker is entitled to offset the relevant amount against payments previously made.
8.3. In this case, the contract is considered dissolved unless Andreas Ecker states otherwise in writing. Andreas Ecker undertakes to transfer back previous payments minus the costs incurred under point 2 within 14 days of receipt of the package.
9. Retention of title
9.1. The goods remain the property of Andreas Ecker until full payment has been made.
9.2. If the customer defaults on payment, Andreas Ecker is entitled to assert all rights arising from the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
10. Right of withdrawal / right of withdrawal
10.1 If you are a consumer within the meaning of the Consumer Protection Act (KSchG), you have the right to cancel this contract within fourteen days without giving reasons.
10.2. The right of withdrawal lasts fourteen days from the day the contract was concluded or from the day on which you or a third party named by you who is not the carrier took possession of the goods.
10.3. In the case of a contract for several goods that you as a consumer have ordered as part of a single order and which are delivered separately, the withdrawal period is also fourteen days from the day on which you or a third party named by you who is not the carrier, have taken possession of the last goods.
10.4. In order to exercise the right of withdrawal, you must inform Andreas Ecker of your decision to withdraw from this contract by means of a clear statement (letter or email). You can use the model cancellation form for this, although this is not mandatory.
10.5. 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.
11. Consequences of withdrawal/revocation
11.1. If you withdraw from this contract as a consumer, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than that offered by us, which is the cheapest have chosen standard delivery) immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. 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.
11.2. We may refuse repayment until we have received the goods back or until you have provided evidence that the goods have been returned, whichever is the earlier.
11.3. The costs of immediately returning the goods must be borne by the customer. This also applies to fees that are returned by the respective postal service provider if the package is undeliverable or delayed in acceptance by the customer (point 8) or if the customer does not use the enclosed return slip and thereby incurs additional costs for Andreas Ecker.
11.4. 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.
11.5. You must return or hand over the goods immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract to Andreas Ecker, Hirseweg 13, 1220 Vienna. The deadline is met if you send the goods before the fourteen day period has expired.
12. Data protection and newsletters
12.1. Please note our data protection declaration: https://waldstueck.at/pages/datenschutzerklarung-widerrufshinweis
12.2. You agree that the following personal data, namely name/company, date of birth/company registration number, email address, delivery and billing address as well as account or credit card details, are used for the purpose of fulfilling the contract and processing the order as well as for your own advertising purposes, e.g. sending Advertising mailings, newsletters, product information or other company-related information from Andreas Ecker are automatically determined, processed and stored.
12.3. You agree to receive messages from Andreas Ecker about its products, current offers and other company-related information via promotional emails, postal mail and newsletters.
12.4. The customer can revoke his consent to receive such emails at any time by notifying Andreas Ecker, e.g. office@waldstueck.at.
13. Severability clause
13.1. If one or more clauses of these General Terms and Conditions are wholly or partially ineffective or become ineffective due to legal provisions or case law, the remaining provisions of these General Terms and Conditions remain in effect unchanged.
14. Place of jurisdiction and applicable law
14.1. To the extent permitted by law, the application of Austrian law is agreed, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2. To the extent permitted by law, it is agreed that the competent court for Vienna, inner city, has jurisdiction over all disputes between the contracting parties.
As of: April 05, 2024
1.1. The following general terms and conditions (“GTC” for short) apply to the contract concluded between the customer, including his legal successor, and Andreas Ecker, including his legal successor, via the online shop www.waldstueck.at, including the domains forwarded thereon, for the delivery of the goods Andreas Ecker offered goods. All deliveries and services from Andreas Ecker are carried out exclusively on the basis of the General Terms and Conditions valid at the time of the order.
1.2. Andreas Ecker reserves the right to adapt and change the terms and conditions accordingly.
1.3. Both consumers and entrepreneurs are considered customers according to point 1.1. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity that appoints for commercial, self-employed or freelance purposes.
1.4. The contract language is German.
2. Orders and conclusion of contract
2.1. The display of products in the online shop www.waldstueck.at does not constitute an offer, but rather only an invitation to place an order. You can order goods by completing the electronic ordering process via our online shop. When you select one or more products, the latter are placed in the virtual shopping cart. In the shopping cart, all products assigned to it can be viewed and the number of products can be changed or individual products can be removed. By clicking the “Checkout” button, you will be asked to enter the information relevant to shipping and to select a payment method. Before completing the order, you will be shown a summary of all information relevant to the order. By pressing the “Buy” button, the ordering process is completed.
2.2. Your order represents a binding offer. The statutory right of cancellation/withdrawal (see point 10) remains unaffected. Confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract by Andreas Ecker. We can accept your order by sending an order confirmation by email or by delivering the goods.
2.3. Unless otherwise agreed or announced, our advertising offers are subject to change.
3. Prices
3.1. The prices listed for the products at the time of ordering apply to orders. All prices are total prices. They are inclusive of all taxes including VAT and duties.
3.2. Any fees due to exchange rates must be borne by the customer.
3.3. If shipping to a third country outside the EU or EEA is agreed, you must bear all additional costs incurred, in particular customs duties and taxes.
4. Payment methods & due date
4.1. We accept the following payment methods: credit card (Visa, Mastercard), Paypal, prepayment.
4.2. If no other payment method has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. The goods will only be delivered once the amount has been received in our bank account.
4.3. You agree that you will only receive credit notes and invoices in electronic form.
4.4. Credit card billing is carried out by https://stripe.com or https://www.paypal.com.
5. Shipping costs & delivery conditions
5.1. We only deliver within the EU member states. The shipping costs must be borne by the customer.
5.2. You must bear the costs of an EMS shipment (Express Mail Service).
5.3. Andreas Ecker is entitled to partial deliveries and partial services. Andreas Ecker will bear any additional costs incurred.
5.4. Delivery is carried out by an external logistics provider.
5.5. If the goods cannot be delivered due to force majeure or product discontinuation or if Andreas Ecker cannot reproduce the ordered products under reasonable conditions and if these circumstances only arise after the contract has been concluded and are not the responsibility of Andreas Ecker, Andreas Ecker will be released from the delivery obligation. Should events occur that make delivery significantly more difficult or impossible for Andreas Ecker - for example strikes, environmental and other disasters, official orders or similar - Andreas Ecker is not responsible for delays, even if deadlines and dates have been bindingly agreed.
6. Warranty
6.1. The provisions regarding the legal warranty apply.
6.2. If you have any complaints based on statutory warranty claims or other complaints, please contact office@waldstueck.at.
7. Disclaimer for minor negligence
7.1. Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or product liability claims.
7.2. The same applies if the products are not displayed correctly on the website due to technical problems or (writing) errors or inaccuracies or if there are other errors on the website.
8. Delay in acceptance and non-delivery
8.1. The period of time for which a package that is not accepted by the customer or is undeliverable varies from country to country and depends on the conditions of the postal service provider operating in that country.
8.2. If the unaccepted or undeliverable package is returned by the respective postal service provider, the customer must bear the resulting costs. Andreas Ecker is entitled to offset the relevant amount against payments previously made.
8.3. In this case, the contract is considered dissolved unless Andreas Ecker states otherwise in writing. Andreas Ecker undertakes to transfer back previous payments minus the costs incurred under point 2 within 14 days of receipt of the package.
9. Retention of title
9.1. The goods remain the property of Andreas Ecker until full payment has been made.
9.2. If the customer defaults on payment, Andreas Ecker is entitled to assert all rights arising from the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
10. Right of withdrawal / right of withdrawal
10.1 If you are a consumer within the meaning of the Consumer Protection Act (KSchG), you have the right to cancel this contract within fourteen days without giving reasons.
10.2. The right of withdrawal lasts fourteen days from the day the contract was concluded or from the day on which you or a third party named by you who is not the carrier took possession of the goods.
10.3. In the case of a contract for several goods that you as a consumer have ordered as part of a single order and which are delivered separately, the withdrawal period is also fourteen days from the day on which you or a third party named by you who is not the carrier, have taken possession of the last goods.
10.4. In order to exercise the right of withdrawal, you must inform Andreas Ecker of your decision to withdraw from this contract by means of a clear statement (letter or email). You can use the model cancellation form for this, although this is not mandatory.
10.5. 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.
11. Consequences of withdrawal/revocation
11.1. If you withdraw from this contract as a consumer, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than that offered by us, which is the cheapest have chosen standard delivery) immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. 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.
11.2. We may refuse repayment until we have received the goods back or until you have provided evidence that the goods have been returned, whichever is the earlier.
11.3. The costs of immediately returning the goods must be borne by the customer. This also applies to fees that are returned by the respective postal service provider if the package is undeliverable or delayed in acceptance by the customer (point 8) or if the customer does not use the enclosed return slip and thereby incurs additional costs for Andreas Ecker.
11.4. 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.
11.5. You must return or hand over the goods immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract to Andreas Ecker, Hirseweg 13, 1220 Vienna. The deadline is met if you send the goods before the fourteen day period has expired.
12. Data protection and newsletters
12.1. Please note our data protection declaration: https://waldstueck.at/pages/datenschutzerklarung-widerrufshinweis
12.2. You agree that the following personal data, namely name/company, date of birth/company registration number, email address, delivery and billing address as well as account or credit card details, are used for the purpose of fulfilling the contract and processing the order as well as for your own advertising purposes, e.g. sending Advertising mailings, newsletters, product information or other company-related information from Andreas Ecker are automatically determined, processed and stored.
12.3. You agree to receive messages from Andreas Ecker about its products, current offers and other company-related information via promotional emails, postal mail and newsletters.
12.4. The customer can revoke his consent to receive such emails at any time by notifying Andreas Ecker, e.g. office@waldstueck.at.
13. Severability clause
13.1. If one or more clauses of these General Terms and Conditions are wholly or partially ineffective or become ineffective due to legal provisions or case law, the remaining provisions of these General Terms and Conditions remain in effect unchanged.
14. Place of jurisdiction and applicable law
14.1. To the extent permitted by law, the application of Austrian law is agreed, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2. To the extent permitted by law, it is agreed that the competent court for Vienna, inner city, has jurisdiction over all disputes between the contracting parties.
As of: April 05, 2024