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1. scope
The following general terms and conditions (GTC) apply to all contracts with regard to the sale of goods and other services between Die Hausplaner GesnbR (“seller”) and their contractual partners in the version at the time the contract was concluded. These terms and conditions are binding for all current and future business dealings with the seller, even if no express reference is made to them. Deviating, conflicting or supplementary terms and conditions of the contractual partner are not part of the contract, unless otherwise expressly agreed and this deviating agreement is confirmed in writing by the seller. By submitting the contract declaration or placing an order, you accept our terms and conditions.
2. Conclusion of contract and contract language
2.1 The presentation of the goods on the Internet is not legally binding. Our offers are non-binding unless they are expressly designated as binding. We can only accept your order if we receive correct and timely delivery ourselves. If goods are not available, we will notify the contractual partner immediately.
2.2 The seller concludes contracts only with legally competent persons. If this requirement does not apply to you, we are entitled to withdraw from the contract within a reasonable period.
2.3 By ordering using the form provided in our online shop, you are submitting a legally binding offer to purchase the goods from us. When we receive the order, you will be informed that we have received the order. This communication does not yet constitute an acceptance of your offer. A contract is only concluded when you accept your order by sending a shipping confirmation and, if this is not sent, at the latest when the ordered goods are received. If you have not received a confirmation by email within 7 working days of placing your order and specifying a valid email address, please contact office@diehausplaner.com
2.4 The contract language is German.
3 customer account
3.1 Before placing your first order, you must register on our website with your name, address and email address. By completing the registration, you confirm the accuracy of your information, in particular your first and last name and your full address.
3.2 To register as a user, you must enter your email address and password and then click on “Register”.
3.3 As a customer, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices.
3.4 The seller does not check the data you provide.
4 Prices, Terms of Payment and Price Changes
4.1 Our prices are given in EURO and include all taxes including Austrian sales tax and duties. Possible additional delivery and shipping costs are indicated separately in the respective product description or in the shopping cart.
4.2 In the absence of other express agreements, the prices quoted to us include all taxes and ancillary costs including transport costs. Agreed prices or prices on which the contract is based are fixed prices; Price escalation clauses and the like are not accepted by us as long as they are not specially negotiated.
4.3 Payment is possible using the options specified in the online shop. In the case of partial deliveries, partial invoices are always permissible.
4.4 If fees are charged to the seller by the customer’s bank, the seller reserves the right to pass them on. This applies in particular to return debits that are not the fault of the seller or that have not been approved.
4.5 If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
4.6 With the order you confirm your solvency and creditworthiness. If justified concerns or recognizable doubts arise against this – also at a later point in time – the seller can make the fulfillment of the contract dependent on an advance payment or sufficient security. The seller reserves the right to withdraw from the contract if neither an advance payment nor a sufficient security deposit is made within 14 days after a corresponding request.
4.7 In the event of default in payment, the statutory interest will be charged; In the event of default, the customer undertakes to reimburse us for the reminder and collection costs incurred, even in the event of default in payment through no fault of his own, insofar as they are necessary for appropriate legal prosecution and appropriate in relation to the claim, whereby he is particularly obliged in the case of Commissioning a collection agency to reimburse us for the costs we incur as a result, insofar as these do not exceed the maximum fees due to the collection agencies according to the BMWA ordinance.
4.8 If we operate the dunning process ourselves, the defaulting customer undertakes to pay an amount of EUR 15 per reminder and an amount of EUR 7 per half-year for keeping the debt in the dunning process on record. In addition, any further damage, in particular damage that arises from the fact that we incur correspondingly higher interest on any credit accounts as a result of non-payment, is to be reimbursed.
4.9 The following applies to consumer transactions in the event of a deadline being missed: In the event of a payment arrears of two monthly installments or more, we have the right, after threatening to miss the deadline and setting a grace period in accordance with Section 14 (3) of the Consumer Credit Act (VKrG), to claim the outstanding debt in full.
4.10 The following applies to corporate transactions: If the transport, energy or wage costs increase in the time between the conclusion of the contract and the performance, the seller is entitled to request an adjustment of the agreed price corresponding to this increase.
5 Place of performance, delivery and shipping charges
5.1 Unless other mandatory regulations apply to consumers within the meaning of the Consumer Protection Act, the place of performance is the registered office of the seller. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.
5.2 The delivery of ordered goods will be sent digitally to the customer within 5 working days after receipt of full payment.
5.3 The shipping costs will be announced in the course of the ordering process.
5.4 The delivery times and dates will be adhered to by the seller as far as possible. Unless expressly agreed as binding, they are non-binding and are always to be understood as the probable time of delivery to you.
6. Retention of title, right of use, acceptance and partial delivery
The goods remain our property until full payment.
7. Exchange and return
7.1 The statutory cancellation period is 14 days, during which a contract can be canceled without giving reasons. The cancellation period is fourteen days from the day the contract is concluded. Digital software deliveries cannot be returned after the serial number has been sent. The revocation expires as soon as the serial number for activation has been sent to the customer by email after receipt of payment. “Exception to the right of withdrawal” (right of withdrawal)
7.2 The consumer has no right of withdrawal (right of withdrawal) for the delivery of digital content that is not stored on a physical data carrier if the entrepreneur, with the express consent of the consumer, in connection with his knowledge of the loss of the right of withdrawal (right of withdrawal) when performing the contract prematurely and has started delivery after the provision of a copy or confirmation in accordance with Section 7 (3) FAGG, before the expiry of the otherwise existing withdrawal period.
7.3 Pursuant to Section 7 Paragraph 3 FAGG, the consumer will receive a confirmation of the concluded contract on a permanent data carrier (e.g. e-mail) together with the items mentioned in Section 4 Paragraph 1 FAGG within a reasonable period of time after the conclusion of the contract, but at the latest before the start of the provision of the service Information made available, unless this information was previously made available on a permanent data carrier. The confirmation of the contract contains in any case a confirmation of the consent to the immediate provision of the service and the knowledge of the consumer that the right of withdrawal (right of withdrawal) is no longer applicable.
8. Reservation of Title
8.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full. In the event of default in payment, the seller is entitled to assert his rights from the retention of title. It is agreed that the assertion of the reservation of title does not include a withdrawal from the contract, unless the seller expressly declares his withdrawal from the contract.
8.2 In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full. If the customer acts as an entrepreneur, resale is only permitted if we have been notified in good time beforehand, quoting the name or company and the exact (business) address of the buyer, and if we agree to the sale. In the event of our consent, the purchase price claim is already deemed to have been assigned to us and we are entitled at any time to notify the third-party debtor of this assignment.
9. Warranty
The statutory warranty provisions apply to consumers. After receipt, the consumer should check the goods for completeness, correctness and other defects, in particular for the integrity of the packaging, and notify the seller of any defects by email to office@diehausplaner.com. To clarify, it is stated that this is not a restriction of the warranty rights, but only the processing of alleged notices of defects is to be accelerated.
10. data protection
See in the point: Privacy Policy
11. Liability
11.1 Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or damage to items accepted for processing, unless the latter has been negotiated in detail.
11.2 If the customer is an entrepreneur, the following applies: Apart from personal injury, the seller is only liable if the injured party can prove at least gross negligence. Claims for damages become statute-barred 6 months after knowledge of the damage and the party causing the damage, at least 4 years after the delivery has been made.
11.3 For entrepreneurs as contractual partners, any recourse claims made against the seller under the title “product liability” within the meaning of the PHG are excluded, unless the person entitled to recourse can prove that the defect was caused by the seller and at least roughly was negligently caused.
12. Applicable law and place of jurisdiction and other provisions
12.1 Austrian substantive law is applicable to this contract. The provisions of the UN sales law do not apply. In the case of consumers, the choice of law only applies insofar as the protection through mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12.2 For customers who are entrepreneurs or who do not have a general place of jurisdiction within Austria or the European Union, the exclusive jurisdiction of the relevant court of our headquarters is agreed for all disputes arising from this contractual relationship.
12.3 For the decision of all disputes arising from this contract, the competent court at the seat of our company is locally competent. However, we also have the right to take legal action at the general place of jurisdiction of the contractual partner. For consumers within the meaning of the Consumer Protection Act, the following applies: For all actions against a consumer who has his domicile, habitual abode or place of employment in Germany, one of those courts is responsible for disputes arising from this contract in whose area the consumer has his domicile, habitual abode or Place of employment. For consumers who do not have a place of residence in Austria at the time the contract is concluded, the statutory places of jurisdiction apply.
12.4 The ineffectiveness of individual provisions of these terms and conditions does not affect the effectiveness of the rest of the contract. The wholly or partially ineffective provision will only be replaced by the contractual partners in the case of corporate transactions with a provision that comes closest to the economic intention of the provision to be replaced.
12.5 The seller reserves the right to make changes to its website and terms, including these terms and conditions, at any time. The conditions valid at the time the order is placed apply to the customer’s orders, unless a change to these conditions is required by law or by order of the authorities.
13. Online Dispute Resolution
Note on the European platform for online dispute resolution:
In accordance with Article 14, Paragraph 1 of the ODR-VO, we point out that the European Commission provides a platform for online dispute resolution (OS) for consumer disputes. This online dispute resolution platform offers the option of settling disputes arising from online legal transactions out of court. You can find direct access to the EU Commission’s online dispute resolution platform under the following link: http://ec.europa.eu/consumers/odr/