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| General Terms and Conditions |
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General Terms and Conditions
1. Application
1.1. These terms and conditions apply to all commutations contracted in the Online-Shop of the Abbey Shop of Zisterzienserabtei Stift Heiligenkreuz Wirtschaftsbetriebe GmbH (from now on refered to as: „Abbey Shop") between the customer and the Abbey Shop. Any exceptions have to be confirmed in writing by the Abbey Shop.
1.2. The customer agrees to these terms and conditions by making a purchase in the online, and is bound by them.
1.3. If any of these terms or conditions should be rendered null by law, none of the other terms shall be affected.
2. Ordering, Contract
2.1. The ordering of products in the Online Shop takes place exclusively through the internet platform of the Online Shop. The Abbey Shop can only deliver products within the EU.
2.2. The confirmation of the reciept of an electonic order does not imply that an order has been bindingly accepted. The acceptance of an order takes place through the sending of the ordered products, unless an explicit confirmation in writing is sent within 30 days of the order. If nothing is sent in the said 30 days the customer is not bound and the contract has not been successfully brought about.
3. Prices and paying Conditions
3.1. The prices listed in the Online Shop are gross-prices including all duties (e.g. Austrian sales tax). The price to be paid is that listed at the time of the electronic order.
3.2. For obvious typing, printing and/or arithmetic errors, as well as price changes by our suppliers and/or exchange-rate fluctuations of more than 5%, we are entitled to cancel the contract unless all conditions have already been met by both sides.
3.3. The dispatch from the factory or warehouse shall be made at the expense and risk of the customers.
3.4. The purchase price is due in advance at the order and without deductions, unless individual case-specific payment terms have been agreed upon in writing. Payment shall be made exclusively by credit card (Visa, MasterCard, Diners Club, GCA, Maestro), and/or transfer in advance to our account. The credit card may be charged at the time the order. In the case of partial deliveries, the full amount is debited. At the earliest, the product will be sent after receipt of the full amount.
3.5. The customer can only offset claims of the Abbey Shop if no counter claims of ours have been acknowledged in writing or established in a court of law. Given a consumer transaction under the Consumer Protection Act is permissibly offset in the case of insolvency, in accordance with § 6 (1) Z 8 KSchG, and when the counter claim by the consumer stands in connection with our legal claim.
3.6. When payments are delayed by the customer interest at the rate of 10% per annum or higher legal fees will be charged. Furthermore, in case of delayed payment by the customer, the Abbey Shop will charge resulting warning and collection expenses, to the extent that they are necessary to cover the cost of legal action. This includes the cost of two letters of formal notice to the amount of € 25.00, and a letter of formal notice from a designated lawyer. The assertion of further rights and demands is reserved. If payment in installments has been agreed on, the Abbey Shop reserves the right, in the event of untimely payment of installments or ancillary claims, to demand immediate payment of the entire outstanding debt.
3.7. The goods delivered by the Abbey Shop remain property of the Abbey Shop until full payment of the purchase price, including any secondary costs. The customer ought to inform us in writing without delay of anyl third-party access to the product, as well as damage or change in possetion.
4. Delivery of Goods
4.1. The Abbey Shop sends orders without unnecessary postponement, in any event within 30 days after ordering and payment. Delivery or performance deadlines unless expressly agreed as binding, are only non-binding approximations. Partial deliveries are permitted.
4.2. If the timely execution of an order is delayed for special reasons (for example, the need to order goods from a foreign publisher) the delivery deadlines are suspended for the length of the obstacle. If such delays last more than two months, both sides are entitled to cancel the contract.
4.3. Due to our specific product program, it may happen that a product is no longer available. In the case of non-availability of the purchase is subject to the customer notified without delay and the contract is not closed.
4.4. If the Abbey Shop is in default, the customer may cancel the contract only after giving a grace period in writing of at least 14 days, and after said period has elapsed. Damages claims by the customer due to non-performance or delay this case are excluded, except given evidence of ill-intent or gross negligence.
4.5. The goods shall be delivered by mail, parcel-service or other means as chosen by the Abbey Shop. The transport costs are listed on the front page of the Online Shop. When multiple products have been ordered they may be shipped separately.
4.6. At the transfer of the purchased product to the shipper all risk is transferred to the customer (paragraph 3.3.).
5. Rescission of Contract
5.1. If the customer is a consumer he is, pursuant to Section 5e KSchG, entitled to rescind the contract or contract statement within seven work days from submission (a statement of withdrawal postmarked before the deadline is sufficient); Saturday does not count as a work day. The period begins with the date of receipt of the purchase subject to the customer. The right of rescission does not apply to contracts for newspapers, journals and magazines, with the exception of periodical pamphlets (Section C 5 KSchG 5f).
5.2. In the case of a rescission the Abbey Shop shall reimburse payments made by the customer.
5.3. In the case of rescission the customer is obligated to return the purchased goods without delay, and pay the Abbey Shop compensation for any reduction of the value due to use. Further, the customer must pay the cost of shipping the goods back to the Abbey Shop.
6. Special provisions for continuing works and periodicals
6.1. Continuing works, unless otherwise agreed upon, are subscribed to for the duration of the work, or until cancelled
6.2. Periodical subscriptions, if not explicitly agreed to otherwise, last in every case for one year as ordered, and are extended for a further year if not cancelled at least six weeks prior to the end of the year. The customer will be given warning of this deadline.
7. Liability and Warranty
7.1. In cases of minor negligence, liability of the Abbey Shop, as well as its staff, employees, or agents, is excluded for property damage of to the purchaser, whether they are direct or indirect damages, loss of profits or consequential damages.
7.2. The Abbey Shop is not liable for the content of the purchased goods, in particular the formal or semantic accuracy and / or legality of the statements contained therein, text, images, sound or image phonograms, recipes, instructions, etc.
7.3. The disclaimer referred in paragraph 10.1. is not valid in the case of a liability according to PHG. Any claims for recourse by customers or third parties to the Abbey Shop from the title "product liability" in accordance PHG are excluded, unless the claimant proves that the fault has been caused by the Abbey Shop at least by gross negligence
7.4. Images, designs, sizes and weights given for goods in brochures etc. are only approximate and therefore not guaranteed, provided they have not been expressly agreed to as binding.
7.5. In the case of a flawed delivery, the Abbey Shop can chose between repair or replacement. The defective product is to be immediately returned by the customer. A demand for price-reduction can only be made after the expiry of a reasonable period for repair.
7.6. The Abbey Shop accepts no responsibility for technical faults in the operation of the Online Shop. It also reserves the right to suspend operation at any time; without prejudice to the proper fulfilling of already closed contracts.
8. Privacy
The customer explicitly agrees to allow any information entered by the customer (name, address, e-mail address, credit card number, etc.) to be used by the Abbey Shop for the purpose of fulfilling its contract with the customer. The information may also be used to inform the customer of special offers etc. The information will be electronically saved and managed.
9. Third Party Rights (Intellectual Property Rights)
9.1. The customer notes that the object of purchase carries rights of third parties, particularly copyrights and other intellectual property. The customer agrees to use the purchase only in accordance with what is contractually and/or legally permissible, and to observe all terms. This applies in particular to the language works, including software, databases, as well as video and/or sound recordings.
9.2. Paragraph 1 Applies also to the rights of the Abbey Shop and its Web site with its content, such as text, graphics, logos, trademarks, titles, programs, pricing combinations, databases and other services.
10. Erfüllungsort, unwendbares Recht, Gerichtsstand
10.1. The place of performance for all obligations of the Abbey Shop is the administrative headquarters of the Abbey Shop: 2532 Heiligenkreuz, Stift 1.
10.2. Austrian law holds good under the exclusion of UN purchasing law.
10.3. Jurisdiction for all legal disputes in connection with this contractual relationship is the competent court for St. Poelten, when the buyer is not a consumer. The Abbey Shop is also entitled to sue the buyer a general court of law.
This site is operated by:
Zisterzienserabtei Stift Heiligenkreuz Wirtschaftsbetriebe GmbH (FN 67036 h)
Abbey Shop Stift Heiligenkreuz
Stift Heiligenkreuz Nr. 1
A-2532 Heiligenkreuz im Wienerwald / Austria
Tel: +43-2258 / 8703-143
Fax: +43-2258 / 8703-114
web: shop.stift-heiligenkruz.org
e-Mail: klosterladen@stift-heiligenkreuz.at
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