1. general / definitions / scope of application
1.1 These General Terms and Conditions of Sale and Delivery ("GTCSD") apply to all business relations between us and the customer.
the customer. The version of the GCSD valid at the time of conclusion of the contract shall apply.
1.2 Consumers are consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and therefore natural or legal persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their business. An enterprise is any permanent organization of independent economic activity, even if it is not profit-oriented. Customers are both entrepreneurs and consumers.
1.3 Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the
part of the contract insofar as we have expressly agreed to their validity in writing.
2. offers / orders / conclusion of contract
2.1 Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable for the customer.
2.2 Orders are accepted exclusively on the basis of the following Terms and Conditions of Sale and Delivery. By placing an order, the customer makes a binding contractual offer. In the case of goods ordered electronically, we shall immediately confirm receipt of the customer's order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if we expressly declare this.
2.3 We are entitled to accept the contractual offer contained in the order within two weeks. In the case of goods ordered electronically, we are entitled to accept the order within three working days of receipt. We are entitled to refuse to accept the order - e.g. after checking the customer's creditworthiness. We are entitled to limit the order to a normal household quantity. Any minimum order value or minimum value surcharge is set out in the applicable product price list.
2.4 The conclusion of the contract with entrepreneurs is subject to the reservation that in the event of incorrect or improper self-delivery, no or only partial performance will be made. In the event of non-availability or only partial availability of the service, the entrepreneur shall be informed immediately. The consideration will be refunded immediately.
2.5 If the consumer orders the goods electronically, the text of the contract will be saved by us and sent to the customer together with the legally effective GCSD by e-mail after conclusion of the contract or can be accessed at ( www.ehartner.at/de/content/3-AGB ).
3. prices
3.1 All prices in our price lists and order confirmations are quoted as daily prices/unit, including packaging, ex warehouse Vienna and are valid until further notice. Prices are subject to change; prices are net (statutory VAT is shown separately). In the case of mail order purchases, the price may be subject to a flat-rate shipping fee (the amount of such a flat-rate shipping fee depends on the weight and country). Shipping is at the expense and risk of the buyer. The buyer does not incur any additional costs when ordering by means of distance communication. In the case of contracts with customers in non-EU countries, the customer shall bear all import or export charges, if any, as well as all other fees and charges to be borne by the customer.
3.2 The calculation of our sales prices is based on an average price for the respective precious metal content at the time the order is placed. If the precious metal prices have risen by more than 10% at the time of delivery, the delivery price may be increased by a corresponding surcharge. This surcharge is calculated on the basis of the change in precious metal prices for the respective weight percentages contained. Furthermore, in the case of orders from entrepreneurs with a delivery period exceeding 4 months, an agreed delivery price may also be increased, subject to disclosure of the specific circumstances relevant to the increase and independent of our will, if an increase in the precious metal-related cost prices has occurred after order confirmation and before delivery.
4. delivery dates
4.1 Deadlines and dates for deliveries and/or services (hereinafter "delivery period(s)") shall only be binding if they are expressly confirmed by us in writing as binding. Delivery periods shall be agreed individually or specified by us upon acceptance of the order.
4.2 Premature deliveries and partial deliveries are permissible insofar as they are reasonable for the customer.
4.3 In the case of contracts with entrepreneurs, the customer may only demand a period of grace with a fixed deadline that is customary in the industry in the event of unusually long delays and withdraw from the contract if this deadline for the outstanding delivery expires. Further claims of the entrepreneur, in particular claims for damages of any kind, are excluded; this does not apply to cases of mandatory liability in accordance with Clause 12.2. The above provisions do not imply a change in the burden of proof to the detriment of the customer.
5 Cancellation of orders by contractors
Cancellations of orders by entrepreneurs do not have to be accepted by us. We reserve the right to charge for any costs incurred in the event of acceptance of cancellations by entrepreneurs.
6. right of withdrawal of the consumer
6.1 Distance contract
6.1.1 In accordance with Section 5 e KSchG, the consumer has the right to withdraw from contracts within seven working days of
receipt of the delivery of goods by the consumer or from the day of conclusion of the contract in the case of service contracts. Saturdays do not count as working days. The withdrawal does not have to include a reason and must be declared in text form; timely dispatch is sufficient to meet the deadline. The right of withdrawal does not apply if the goods are sent as a file by electronic means. In addition, the right of withdrawal does not apply to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer, and to the delivery of goods that have been manufactured according to customer specifications.
6.1.2 When exercising the right of withdrawal, the consumer is obliged to return the goods if they can be sent by parcel. The consumer shall bear the costs of the return shipment when exercising the right of withdrawal.
- Information obligations for distance selling contracts -
Customer information on the conclusion of distance selling contracts (as at: 01.12.2014)
The following information for distance selling contracts does not constitute contractual terms and conditions. The contractual conditions are contained in our AVLB ( www.ehartner.at/de/content/3-AGB ). You will receive all customer information in text form at the latest upon delivery of the goods (on the delivery bill). You can also print out or save this customer information and download it here ( www.ehartner.at/de/content/3-AGB ) as a PDF file.
1. identity of the seller
You conclude the distance selling contract with E. Hartner & Co GmbH.
2. address of the seller
E. Hartner & Co GmbH
Triester Street 190
A-1230 Vienna
Telefon:+43(1)9144396,9149789
Telefax:+43(1)914978915
E-Mail:office@ehartner.at
3. conclusion of contract
On our website and in our print media (catalogs, advertising brochures, etc.) we inform you about the conditions and characteristics of the goods. The presentation of the goods does not constitute a contractual offer, but a non-binding invitation to order goods from us. With your order (by telephone, fax, e-mail or post) you declare your contractual offer to conclude a purchase contract. We will confirm receipt of your order without delay. However, the confirmation of receipt does not constitute acceptance of your offer. We are entitled to accept the offer contained in your order within two weeks. Further information on the conclusion of the contract can be found in our GCSD (www.ehartner.at/de/content/3-AGB), which form an integral part of the contract.
4. successive deliveries
When ordering goods in the form of successive deliveries, a minimum term of the contract is agreed. In the case of contracts with a minimum term, this also applies to a corresponding period of notice. This does not affect the right to extraordinary termination in accordance with the statutory provisions.
5. price of goods
All prices quoted are net prices in EUR. The statutory sales tax of currently 20% is shown separately. Limited special offers are shown as such in the presentation of the individual goods on our website and in our print media. Further details can be found in our GCSD, which you can access here ( www.ehartner.at/de/content/3-AGB ).
6 Delivery and shipping costs
We may charge our delivery and shipping costs in addition to the stated final prices of the respective goods as follows
as follows:
6.1 For a standard delivery, the amount per order for packaging and freight is shown.
6.2 Express delivery is possible for goods in stock. Otherwise, for express deliveries we charge a
surcharge per order for packaging and freight.
6.3 The delivery and shipping costs for international deliveries may vary from country to country. For
For precise information on the respective costs, please contact our service team on +43(1) 914 43 96 or by e-mail (office@ehartner.at ).
7. method of payment
You can pay for the goods you have ordered by bank transfer (advance payment) or on account.
8. right of withdrawal
The consumer has a right of withdrawal. The period begins at the earliest on the day after receipt of the withdrawal instructions. In order to assert your right of withdrawal, you must inform us of your withdrawal within seven working days of receipt of the goods. The withdrawal does not have to contain any reasons and must be declared in text form or by returning the goods. To meet the deadline, it is sufficient to send the declaration of withdrawal or the goods to:
E. Hartner & Co GmbH
A-1230 Vienna Triester Straße 190
Fax: +43 (1) 9149789 15 E-Mail: office@ehartner.at
Goods ready for parcel shipment must be returned complete, i.e. including all accessories, operating instructions and in their original packaging, but at least in suitable transport packaging. The return shipment is at our expense. However, we assume that you will choose a standard form of return shipment, such as a standard parcel shipment via Österreichische Post AG. If the value of the goods is up to EUR 40, the return shipment will be at your expense, but only if the goods delivered correspond to the goods ordered. Goods that cannot be sent by parcel post will be collected from you. The right of withdrawal is excluded for the delivery of goods according to your specifications or for the unsealing of sealed goods such as CDs and computer software. If you exercise your right of withdrawal within the specified period, the contract concluded between us will be terminated. Services already received and provided must be returned and paid for, and any benefits derived must be surrendered. You may inspect the goods to the same extent as would have been possible in a store. We expressly point out that you must pay compensation if you are unable to return the goods in whole or in part or if the goods have deteriorated as a result of being used as intended. If you wish to avoid paying compensation, you should not use the goods as an owner and refrain from doing anything that could impair the value of the goods. For example, compensation must be paid for deterioration if the goods or accessories are damaged, if parts of the goods are missing or disproportionately soiled.
9. communication costs
By using our service phone number +43(1) 914 43 96 charges will be incurred. The costs from the fixed network and
mobile networks can be obtained from the respective telephone provider.
10. period of validity of limited offers
The respective period of validity of limited offers is shown in the presentation of the individual goods on our website and in our print media.
on our website and in our print media.
11 Warranty conditions
You have warranty claims based on the statutory provisions. The warranty period for goods is two years. You must notify us immediately in writing of obvious defects, otherwise the assertion of warranty claims is excluded. It is sufficient to notify us of obvious defects by e-mail (office@ehartner.at). We do not assume any guarantees beyond the statutory warranty provisions. The details of the warranty can be found in our AVLB (www.ehartner.at/de/content/3-AGB), which are part of the contract.
12 Customer service
You can submit complaints to the following address: E. Hartner & Co GmbH
Triester Street 190
A-1230 Vienna
Service/Customer ServiceTelefax:+43(1)914978915 E-Mail:office@ehartner.at
6.2 Web shopping contract
6.2.1 In accordance with 5 e KSchG, the consumer has the right to withdraw from contracts within seven working days, calculated from receipt of the
delivery of the goods to the consumer or from the day of conclusion of the contract in the case of service contracts. Saturdays do not count as working days. The withdrawal does not have to include a reason and must be declared in text form; timely dispatch is sufficient to meet the deadline. The right of withdrawal does not apply if the goods are sent as a file by electronic means. In addition, the right of withdrawal does not apply to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer, and to the delivery of goods that have been manufactured according to customer specifications.
6.1.2 When exercising the right of withdrawal, the consumer is obliged to return the goods if they can be sent by parcel. The consumer shall bear the costs of the return shipment when exercising the right of withdrawal.
- Information obligations in electronic business transactions -
Further customer information on the electronic conclusion of contracts (as at: 01.12.2014)The following information for online contracts does not constitute contractual terms and conditions. The contractual conditions are contained in our AVLB ( www.ehartner.at/de/content/3-AGB ).
1. how does the online contract with us work?
Once you have found your desired product on our website, select it by clicking on the "Select" button. A virtual shopping cart will then appear at the top right of the page, to which the product you have selected will be added. You can cancel your entry at any time by clicking on the "Delete" button. When all the products you want are in your shopping cart, you can activate the order process by clicking on the "Order" button. You will then be shown all the products you have selected, including all the final prices. You now have the option of changing your selection of products again by clicking on the "Change" button. Finally, confirm that your offer is correct by clicking on the "Continue order" button. A screen will then appear in which you must enter your address details and select the payment and shipping method. If you are already registered with us as a customer, you only need to enter your user ID and password. In this case, the address details you have already entered for a previous order process will appear. You can change these at any time by clicking on the "Change" button. You confirm by clicking that you have taken note of and agree to the AVLB and the customer information. You have the option of printing out your order data. You can then place your order by clicking on the "Order now" button. You hereby submit a binding offer to us with regard to all goods in the shopping cart. We will confirm receipt of your order immediately. However, the confirmation of receipt does not constitute acceptance of your offer. We are entitled to accept the offer contained in your order within two weeks. Further information on the conclusion of the contract can be found in our AVLB ( www.ehartner.at/de/content/3-AGB ).
2. storage of the contract text and access for the customer
We store your order data and send it to you together with our GCSD by e-mail after conclusion of the contract.
3. input errors
You can correct your entries at any time during the order process by clicking on the "Delete" or "Change" button. You can cancel the entire order process at any time by clicking on "Cancel".
4. contract language
You have the option of concluding contracts with us in German or English.
6.3 Doorstep selling
6.3.1 The consumer may withdraw from his contract offer or from the contract in accordance with 3 KSchG. This withdrawal can be declared up to the conclusion of the contract or within one week thereafter; the period begins with the delivery to the consumer of a document containing at least the name and address of the trader, the information necessary to identify the contract and instructions on the right of withdrawal, but at the earliest with the conclusion of the contract. Withdrawal does not have to contain any reasons and must be declared in writing to the trader; timely dispatch is sufficient to meet the deadline
6.3.2 We reserve the right to deliver the goods only after the withdrawal period has expired.
6.3.3 The consumer is obliged to return the goods if he is already in possession of them. The costs of the return shipment
shall be borne by the consumer when exercising the right of withdrawal.
- Instruction (doorstep selling) -
In the case of doorstep selling, the consumer has the right to withdraw from his contract application or from the contract in writing within one week of the contract being concluded and this document being handed over in accordance with Section 3 KSchG. Pursuant to Section 3a KSchG, the consumer may withdraw from his contract application or from the contract if circumstances relevant to his consent, which the entrepreneur has presented as probable in the course of the contract negotiations, do not occur or only occur to a significantly lesser extent without his instigation, within a period of one week after the consumer realizes that the circumstances do not occur or only occur to a significantly lesser extent and he has received this document. The details of the rights of withdrawal and in particular the cases in which the consumer has no right of withdrawal can be found in the texts of Section 3 and Section 3a KSchG printed overleaf: Legal text - Section II
General rules Right of withdrawal
§ 3.
(1) If the consumer has not made his contractual declaration either on the premises permanently used by the trader for his business purposes or at a stand used by the trader for this purpose at a trade fair or market, he may withdraw from his contract application or from the contract. This withdrawal may be declared up to the conclusion of the contract or within one week thereafter; the period begins with the delivery to the consumer of a document containing at least the name and address of the trader, the information necessary to identify the contract and instructions on the right of withdrawal, but no earlier than the conclusion of the contract. This information must be given to the consumer when he accepts the contract. In the case of insurance contracts, the right of withdrawal shall expire no later than one month after the conclusion of the contract.
(2) The right of withdrawal shall also exist if the trader or a third party cooperating with him has brought the consumer to the premises used by the trader for his business purposes in the course of a promotional trip, an excursion or a similar event or by personal, individual approach on the street.
(3) The consumer is not entitled to the right of withdrawal,
- if he himself has initiated the business relationship with the entrepreneur or his agent for the purpose of concluding this contract,
- if the conclusion of the contract was not preceded by discussions between the parties or their representatives, or
- for contracts in which the mutual services are to be provided immediately if they are usually concluded by entrepreneurs outside their business premises and the agreed remuneration is EUR 15, or if the nature of the business is such that it is not operated in permanent business premises and the remuneration does not exceed EUR 45.
(4) Withdrawal must be in writing to be legally effective. It is sufficient if the consumer returns a document containing his or her contractual declaration or that of the trader to the trader or his or her representative who participated in the contractual acts (note: correct: contractual negotiations) with a note indicating that the consumer rejects the conclusion or maintenance of the contract. It is sufficient if the declaration is sent within the period referred to in paragraph 1.
(5) The consumer may also withdraw from his contract application or from the contract if the trader has violated the provisions of trade law on the collection and acceptance of services via the solicitation of private individuals and advertising events or on the acceptance of orders for goods (Sections 54, 57 and 59 GewO 1994). The provisions of paragraphs 1 and 4 shall also apply to this right of withdrawal. The consumer is also entitled to it in the cases of para. 3.
- § 3a.
(1) The consumer may also withdraw from his contract application or from the contract if, without his instigation, circumstances relevant to his consent, which the trader has presented as probable in the course of the contract negotiations, do not occur or only occur to a considerably lesser extent.
(2) Relevant circumstances within the meaning of para. 1 are
- the expectation of the cooperation or consent of a third party that is necessary for the trader's service to be provided or used by the consumer,
- the prospect of tax advantages,
- the prospect of public funding and
- the prospect of a loan.
(3) Withdrawal may be declared within one week. The period begins to run as soon as the consumer realizes that the circumstances mentioned in paragraph 1 do not occur or only occur to a considerably lesser extent and he has received written notification of this right of withdrawal. However, the right of withdrawal shall expire at the latest one month after the complete fulfillment of the contract by both contracting parties, in the case of banking and insurance contracts with a contract term exceeding one year at the latest one month after the conclusion of the contract.
(4) The consumer shall not be entitled to the right of withdrawal if
- he already knew or should have known during the contract negotiations,
that the relevant circumstances will not occur or will only occur to a significantly lesser extent,
- the exclusion of the right of withdrawal has been negotiated in detail or
- the contractor agrees to an appropriate adjustment of the contract.
(5) Section 3 (4) shall apply mutatis mutandis to the declaration of withdrawal.
7. terms of payment
7.1 The customer undertakes to pay within the payment period after receipt of the service. The customer shall be in default of payment if he fails to pay after expiry of this period (receipt of payment). The terms of payment applicable to each contract shall be stated in the order confirmation. The customer can pay the price by bank transfer (advance payment) or on account. We reserve the right to exclude individual payment methods. We reserve the right to demand cash payment for certain transactions. Bills of exchange will only be accepted by us on account of payment by special agreement. The resulting costs shall be borne by the customer and are due immediately.
7.2 During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the prime rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8% above the prime rate. We reserve the right to prove and assert a higher default interest claim against entrepreneurs. Our claim to interest on arrears from business-related transactions (§ 352 UGB) against entrepreneurs remains unaffected. The customer undertakes to bear all costs and expenses associated with the collection of the claim, such as in particular collection charges or other costs necessary for appropriate legal prosecution.
7.3 If, in the case of contracts with entrepreneurs, the financial situation of the customer or an acceptor deteriorates during the term of a bill of exchange, we may demand immediate payment. If, after conclusion of the contract, it becomes apparent that our claim to payment is jeopardized by the customer's inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and - if the termination of the contract does not jeopardize the continuation of the customer's business and, if necessary, after setting a deadline - to withdraw from the contract. Otherwise, we are entitled to withdraw from the contract as follows, if necessary after setting a deadline, whereby the statutory provisions on the dispensability of setting a deadline remain unaffected: If the termination of the contract could jeopardize the continuation of the company, we may only terminate contracts concluded with the customer for good cause up to six months after the opening of insolvency proceedings. A deterioration in the customer's financial situation and default by the customer in the fulfillment of claims that fell due prior to the opening of insolvency proceedings shall not be considered good cause. This shall not apply if the termination of the contract is essential to prevent serious personal or economic disadvantages to our company.
7.4 The entrepreneur shall only have a right of set-off if his counterclaims have been legally established or recognized by us. The consumer shall only have a right of set-off in the event of our insolvency or for counterclaims which are legally connected with the consumer's liability and which have been legally established or recognized by us. The entrepreneur is not entitled to withhold payments.
8. reservation of title
8.1 The delivered goods shall remain our property until all claims against the entrepreneur arising from our entire business relationship have been settled.
have been settled. In the case of consumers, we reserve title to the goods until the purchase price has been paid in full.
purchase price.
8.2 The customer is obliged to treat the goods with care for the duration of the retention of title. Insofar as
maintenance and inspection work is required, the customer must carry this out regularly at his own expense. The customer must inform us immediately in writing of all access to the goods by third parties, in particular of enforcement measures, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and any change of address. The customer shall compensate us for all damages and costs incurred by a breach of these obligations and by necessary intervention measures against access to the goods by third parties.
8.3 We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment. In addition, we shall be entitled to withdraw from the contract and demand the return of the goods in the event of a breach of an obligation under Section 8.2 if we can no longer reasonably be expected to adhere to the contract.
8.4 The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party through this resale and undertakes to make a corresponding note in his books or on his invoices. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment. The entrepreneur must fulfill the aforementioned obligations in a manner that protects us from charges; he must indemnify and hold us harmless in this respect.
8.5 The handling and processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If the goods are processed, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same shall apply if the goods are processed or mixed with other items not belonging to us.
9. transfer of risk
9.1 For the customer, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon handover of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
9.2 When downloading and sending data via the Internet, the risk of loss and alteration of the data shall pass to the customer when the network interface is crossed.
9.3 If the customer is in default of acceptance, this shall be deemed equivalent to handover.
10 Complaints / Warranty
10.1 In principle, the customer shall have the choice between improvement or replacement. We are entitled to refuse the chosen remedy if it is impossible or involves a disproportionately high expense for us compared to the other remedy. In the case of entrepreneurs, we shall initially provide warranty for defects in the goods at our discretion either by repair or replacement.
10.2 If an improvement is not possible or feasible, the customer may, at his discretion, demand a price reduction or, if it is not only a minor defect, rescission of the contract.
10.3 Entrepreneurs must inspect the delivered goods for defects within a reasonable period of time and notify us of these in writing within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to us in writing within a period of one week from discovery. Timely dispatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
10.4 The warranty period for consumers is two years from delivery of the goods. The warranty period for entrepreneurs is one year from delivery of the goods. For used goods, the warranty period is one year from delivery of the goods.
10.5 We do not give our customers any guarantees in the legal sense. Manufacturer warranties remain unaffected by this.
11. limitations of liability / exemptions from liability
11.1 Unless otherwise stipulated in these GTCSD, claims for damages by the customer, irrespective of the legal grounds, in particular for breach of duties arising from the contractual obligation or from tort, are excluded. This exclusion shall also expressly apply to damages that have not occurred to the delivery item itself, i.e. any consequential damages and financial losses, unrealized savings, loss of interest and damages from third-party claims against the customer.
11.2 The exclusions or limitations of liability set out in Clause 1 and other liability exclusions or limitations set out in these GCSD shall not apply insofar as liability is assumed as follows:
- due to culpable injury to life, limb or health,
- for damage caused intentionally,
- in the event of damage caused by gross negligence on the part of the owner, legal representatives or executives,
- in the event of non-compliance with a written guarantee,
- in the event of mandatory liability under the Product Liability Act,
- in the event of fraudulent concealment of a defect,
11.3 Furthermore, the above limitations of liability shall not apply to consumers in the event of damage to items handed over to us for
items handed over to us for processing.
11.4 We are only liable for our own content on the website of our online store. Insofar as we provide access to other websites
websites, we are not responsible for the third-party content contained therein. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
11.5 Unless otherwise stipulated in these GTCSD for business customers, the above provisions do not imply a change in the burden of proof to the detriment of the customer.
12. place of payment / fulfillment
The place of payment and fulfillment for all services is Vienna for both parties.
13. final provisions
13.1 Austrian law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
13.2 The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local and subject-matter jurisdiction for our registered office. If the customer is a consumer, this place of jurisdiction shall only be deemed agreed if the customer has his domicile, habitual residence or place of employment in this jurisdiction or if the customer lives abroad.
13.3 Should individual provisions of the contract with the customer, including these GTCSD, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
14. data protection
14.1 With our "Data protection information" we inform our customers about
- the type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and invoicing; and
and invoicing;
- his right to object to the creation and use of his anonymized user profile for advertising purposes,
market research and for the needs-based design of our website;
- the forwarding of data to companies commissioned by us and obliged to comply with the statutory data protection provisions
for the purpose and for the duration of the credit check and the dispatch of the goods;
- the right to free information about their personal data stored by us;
- the right to rectification, erasure and blocking of their personal data stored by us.
14.2 Any collection, processing and use of personal data beyond the scope of Clause 1 requires the consent of the customer.
consent of the customer. The customer has the option of giving this consent before declaring his order. The customer has the right to revoke consent at any time with effect for the future (see "Consent under data protection law").
Data protection information
If a contract is concluded, we collect and process the personal data you provide to us in our system and use it for the duration of the contract, i.e. for order processing and invoicing. Personal data is all information on the basis of which a person can be directly or indirectly identified, e.g. name, residential address, e-mail address, date of birth, occupation, bank account details, etc. We create and use anonymized user profiles for the purposes of advertising, market research and the needs-based design of our website. You have the right to object to this, which you can exercise at any time by sending us an e-mail / click. We will provide you with information about your personal data stored by us free of charge.
You can request the correction, deletion and blocking of your personal data stored by us at any time.
Consent under data protection law
The customer hereby expressly consents to the collection, processing and use of the personal data provided by the customer in the order form by E. Hartner & Co GmbH for the purposes of its own marketing to the customer, including by setting up a customer file. This consent
can be revoked by the customer at any time with effect for the future.
