Terms of service

General Terms and Conditions of Elsner KG for contracts with consumers (as of 12.08.2014)

1 Validity of the GTC
Elsner KG's offers, deliveries and services are based exclusively on these terms and conditions. They are recognized by placing an order or accepting the delivery. We may withdraw from contracts without giving reasons, in particular if it can be assumed that the delivery to the customer entails a financial risk for us. Deviations from these terms and conditions shall only be effective if they are agreed in writing and confirmed by us in writing.

2 Offer and conclusion of contract
Our offers are - also in brochures, advertisements, Internet etc. - are subject to change and non-binding. This also applies to prices and delivery times. We reserve the right to make technical changes in form, color and material. Information on weight, dimensions, capacity, performance, color, etc. are only approximate values. Drawings, illustrations, dimensions, weights and other performance data are only binding if this has been expressly agreed in writing. We reserve the right to prior sale. Orders require our written confirmation in order to be legally valid - even in the case of Internet orders.

3. prices
Unless otherwise stated, the prices quoted by us are in euros per item and include statutory VAT

4. delivery times
We deliver as quickly as possible. If prompt delivery is not possible, the customer will be informed in writing. All delivery dates are subject to correct and timely delivery by our suppliers. Partial deliveries are permissible. Under no circumstances shall exceeding the delivery deadlines justify claims for damages or a right to withdraw from the contract.

5 Shipment and transfer of risk
Shipment is at the risk and expense of the buyer. We ship all goods freight collect in the cheapest and fastest way, normally by post or forwarding agent. The risk is transferred to the buyer as soon as the properly and product-specifically packaged goods have been handed over to the person carrying out the transportation and have left our company or our dispatch warehouse for the purpose of dispatch.

5.1 Acceptance of parcels
For each delivery of goods ordered and not accepted or not collected, we charge a return fee of Euro 24,- plus all shipping costs incurred.

6 Warranty and liability
Of course, within the statutory warranty period from delivery, the defective goods will be repaired or, at our discretion, replaced if the complaint is made in good time and is justified, to the exclusion of other warranty claims. We shall have a reasonable period of at least four weeks to do so. We will only exchange goods which we can prove were delivered by us and which are in their original condition. Multiple repairs with at least two attempts are permitted.

6.1 Defects
Obvious defects must be reported by the buyer immediately, at the latest within a period of seven days after receipt of the goods, in writing with a detailed list of defects. Missing goods must be reported in writing within 2 days of receipt at the latest. The complaint must be accompanied by a copy of our invoice. Defective delivery items are to be returned free of charge to the respective shipping warehouse at the buyer's own expense and risk.

6.2 Cancellation policy
Consumers have the following right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal 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 last goods.
To exercise the right to cancel, you must inform us ( ELSNER KG BERGSTRASSE 14, AT 6835 ZWISCHENWASSER, Phone: +43-660-3005010, Email: info[at]elsnerbiz) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email).
You can use the sample revocation form enclosed with the mailings, but this is not mandatory.
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract.
The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the withdrawal policy

6.3 Return of goods
After written revocation, you will receive a delivery bill from us for the return shipment to our distribution center. 
Returns to our office in 6835 Zwischenwasser will not be accepted by us.

7 Retention of title
We reserve title to the delivered goods until full payment of all claims to which the seller is entitled against the buyer for any legal reason now or in the future (extended reservation of title). In the event of breach of contract by the Buyer - in particular default of payment - we shall be entitled to take back the reserved goods and, if necessary, to demand assignment of the Buyer's claims for restitution against third parties.

8 Payment
Unless otherwise agreed in writing, our invoices are due for payment in advance.

9. default of payment
In the event of late payment, we are entitled to charge the costs incurred, monthly reminder fees (up to EUR 11.00) and interest (1.5% p.m.). In the course of the transfer to the collection agency, we shall charge Euro 15.00 for an outstanding amount of up to Euro 145.00 and Euro 20.00 above this amount. In the event of default of payment, the customer undertakes to reimburse us for all costs, expenses and cash outlays incurred by us in the appropriate pursuit of our claims. These costs and expenses shall also include all extrajudicial costs, in particular the tariff-based costs of engaging a licensed debt collection agency in accordance with the Ordinance on the Maximum Rates of Remuneration for Debt Collection Agencies and the tariff-based costs of a lawyer, notwithstanding any obligation to reimburse costs under procedural law. The costs shall be determined in accordance with the statutory provisions.

10. privacy policy
Data collected automatically by the user's system
Elsner KG does not use a web server log, i.e. neither IP address, browser type, data volume, time, file name, referrer or operating system are queried unless an order is placed or a request is made.
Storage on the user system (cookies)
Only session cookies are used. These are temporary files that are automatically deleted after the browser is closed. The shopping cart, customer entries and loaded configuration settings, such as the selected payment method, are stored in these session cookies.
Recording and saving user actions
The user's movements/clicks through the store are not logged and cannot be traced.
Recording and saving personal data
During the order process or an inquiry via the inquiry form, the name, name affix, address and e-mail address of the user are recorded as standard with SSL encryption for the purpose of sending the goods to the customer or answering the inquiry.
Furthermore, a telephone number and individual comments can be entered voluntarily.

This data is not stored until the order has been successfully completed “Your order has been successfully submitted” or an inquiry has been sent. Only then will it be transferred to the storage location specified below. Otherwise, the data is deleted from the server memory and from the user's PC after the browser is closed.
Inquiries via the inquiry form are only stored for the purpose of responding. After the response, this data is deleted.
Storage location / access to personal data
The personal data described above will only be stored in an internal, firewall-protected database that is not accessible to third parties for as long as is legally permissible after the order has been delivered or an inquiry has been answered.
Your rights regarding personal data stored by us
As the customer, you can request access to your personal data stored by us at any time or request that it be deleted.

11 Place of fulfillment and jurisdiction
The place of performance and jurisdiction is Feldkirch. Austrian law shall apply exclusively. This applies to these business relations and all legal relations between us and our contractual partner.

12. partial invalidity / collateral agreements
Verbal agreements are not valid. Should individual provisions in these business relations be or become void, ineffective or contestable, this shall not affect the effectiveness of all other provisions or agreements. The affected provisions shall be interpreted or supplemented in such a way that the intended economic purpose is achieved as precisely as possible in a permissible manner. This shall apply mutatis mutandis to any gaps that need to be filled.

13. exclusion of liability
We are not liable for inadvertently incorrect pricing or product descriptions.

14 Obligations of the contractual partner
The buyer undertakes to provide all information truthfully. This applies in particular to name, address, bank details, credit card details and e-mail address.

15. links
Insofar as additional information is made accessible through links to other servers or other websites, we would like to point out that the content is not checked. We have no influence on the content of the pages of these third-party providers or on their compliance with all legal provisions. We therefore expressly distance ourselves from the content presented there and accept no responsibility for it.

16. severability clause
Should individual provisions of these business relations be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.