Terms and Conditions
Terms and Conditions for the Webshop www.constructor.co.at
I. Validity of the General Terms and Conditions
These terms and conditions apply for all contracts through the online shop between the company Constructor Zeichentechnik, owner Wolfgang Zaufenberger (consecutively called "Seller") and the consumer or contractor (consecutively called "Customer").
II. Acceptation of the General Terms and Conditions
The customer accepts these terms and conditions and agrees to them, as soon as he makes an order.
III. Defense clause
The inclusion of terms and conditions of the customer which deviate from these Terms and Conditions will be rejected, unless they are expressly accepted by the seller.
IV. Conclusion of contract
1 Web presence of the seller on the website
The product presentation on the website does not constitute an offer in the legal possible sense, it is an invitation to the customer, to make an offer himself. The offer in the legal sense, is made by the customer by making the order.
The product presentation on the website does not constitute an offer in the legal possible sense, it is an invitation to the customer, to make an offer himself. The offer in the legal sense, is made by the customer by making the order.
2. Order transaction
In the overview of the assortment of the online shop, the customer can choose his desired product (s) by clicking on the button "Add to cart". The chosen items are cached in the cart of the website during the visit of the customer. Then, the customer selects the place of delivery and the shipping cost of the selected shipping method will be displayed to him. By clicking the "Checkout" button below the listed products in the cart, the order process will be continued. On the next page the customer will be prompted to register for the online store. Below the specified shipping address and shipping method it is displayed. Afterwards the invoice address is shown, and he chooses the desired method of payment. Still on the same page he gives the data required to process the payment and confirms Withdrawal and Terms and Conditions. Before submitting the order the relevant order data is displayed in a "Order overview". The customer is free to check its details in the order overview once again and correct it if necessary, before he sends his order to the seller by clicking on the button “order with an obligation to pay”. By clicking on the button "order with an obligation to pay ", the customer makes a binding offer to purchase the selected goods.
3. Order confirmation
The customer can now access a printable version of the order, save and print. The seller sends after getting the order, a notification e-mail to the e-mail address provided by the customer, in which he confirms the receipt of the order and its contents (consecutively called "Order Confirmation"). If the seller rejects the contract, it is immediately reported to the customer by e-mail.
V. Storage of contract
The text of the contract, the information about the customer of the order transaction so to speak, is stored by the seller. The seller sends the under IV.3. described order confirmation, these Terms and Conditions as well as the Model Withdrawal Form and the Right of Withdrawal to the e-mail address provided by the customer.
VI. Right of withdrawal
Right of withdrawal
You can withdraw from your contractual agreement without having to provide a reason for doing so in writing (e.g., by letter, fax or e-mail) within 14 days or- if the commodity has been left to you before the end of the time limit – by returning the merchandise.
The time limit starts upon receipt of this information in written form but not earlier than the merchandise is received by the addressee (or – in case of recurring deliveries of identical merchandise – not earlier than the first partial delivery is received), and also not before we have complied with our duty of information.
Your right of return is ensured if your written withdrawal and/or the return of the merchandise take place during the time limit.
Address the withdrawal to:
Firma Constructor Zeichentechnik
Wolfgang Zaufenberger
Erikaweg 3
9020 Klagenfurt
Phone: 0043 463 71780
E-Mail: constructor@aon.at
Consequence of the withdrawal
If the case of a valid withdrawal, both parties have to return al services received by each of them, including any benefits (e.g. interest).
Should you not be able to return the goods or only return them partially or in a deteriorated condition, then you may be obligated to value replacement. This does not apply to goods whose deterioration is exclusively due to their being tested – the way you could have tested them in a retail shop where you buy them. You can avoid the obligation of value replacement of the commodity.
Commodities capable of being sent by parcel should be returned to us at our risk. You have to bear the cost of returning. Obligations of refund payments must be met within 30 days.The time limit begins for you when you post the withdrawal statement or the merchandise and for us when we receive either.
Status: 13.06.2014
-End of Right of Withdrawal-
VI. Prices
1. All prices are all round prices, they include the cost of packaging and statutory sales tax (VAT).
2. Price falsity reserved. If the correct price is higher, the customer is contacted. In this case a contract comes into existence only, if the customer wishes to purchase to the actual price. If the correct price is lower, so this price is calculated.
3. Shipping costs are not included in the price, they are additional.
2. Price falsity reserved. If the correct price is higher, the customer is contacted. In this case a contract comes into existence only, if the customer wishes to purchase to the actual price. If the correct price is lower, so this price is calculated.
3. Shipping costs are not included in the price, they are additional.
VII. Shipping costs
Please see Shipping & Payment Conditions to inform yourself about the shipping costs for your Country. The applicable sales tax is included in the shipping costs.
VIII. Conditions of delivery
1. Unless otherwise agreed, the delivery is made to the address specified by the customer.
2. The delivery time to other EU countries is about 5-7 business days. When paying in advance, the delivery period begins one day after receipt of the amount to the bank account of the seller. In all other cases the delivery time begins one day after order.
3. In case of damage to the goods during transport, the customer shall immediately make the claim to the shipping company and make the damage there asserted.
4. The seller bears no responsibility if there are obstacles of delivery of suppliers or manufacturers. If the delivery or compliance within an agreed delivery time is impossible, which is not the fault of the seller, the seller is entitled to rescind the contract in whole or in part. The seller contacts the customer in this regard immediately. Claims for compensations are excluded in this case.
2. The delivery time to other EU countries is about 5-7 business days. When paying in advance, the delivery period begins one day after receipt of the amount to the bank account of the seller. In all other cases the delivery time begins one day after order.
3. In case of damage to the goods during transport, the customer shall immediately make the claim to the shipping company and make the damage there asserted.
4. The seller bears no responsibility if there are obstacles of delivery of suppliers or manufacturers. If the delivery or compliance within an agreed delivery time is impossible, which is not the fault of the seller, the seller is entitled to rescind the contract in whole or in part. The seller contacts the customer in this regard immediately. Claims for compensations are excluded in this case.
IX. Due-date and Reservation of propriertary rights
1. The purchase price is due at the latest when the goods are delivered.
2. The delivered goods remain the property of the seller until the complete payment is done.
X. Terms of payment
1. The Seller accepts the following methods of payment: Payment in advance, Credit card, ivoice.
2. When paying in advance the customer pays the invoice within 14 days after the conclusion to the account of seller. Shipping takes place only after receipt of payment.
3. When paying by invoice, the payment has to be remitted to the account of the seller within 10 days from receipt of the invoice and the goods.
4. When paying by credit card, the invoice amount is accounted within 8 days after the shipping of the goods to the credit card institut.
5. The statutory delay rules are valid. The collection expenses can be claimed from the second letter.
XI. Guarantee
1. Unless otherwise specified, the general statutory provisions are valid.
2. Warranty is excluded for defects caused by the customer. This is particularly the case for improper handling, misuse or unauthorized repair attempts.
3. In the case of delivery of used goods, the warranty claims are limited to one year.
4. The shortened period of limitation does not apply to claims for damages of the customer due to injury to life, body or health or for any other damage that it caused by a grossly negligent breach of contract or any intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller. The shortened period of limitation shall not apply to claims for damages due to the negligent or intentional breach of contract. Material contractual obligations are obligations whose fulfillment is required for the proper execution of the contract, which the customer can rely on.
5. If the delivered items have obvious material or manufacturing defects (including shipping damage), we ask the customer to indicate this immediately the seller.
6. As far as a manufacturer-warranty exists, the customer has to make a claim directly with the manufacturer. The liability of the seller under the warranty is excluded.
XII. Liability Exclusion
1. The customer's claim for damages against the seller are excluded if the seller or his employees didn´t act grossly negligent.
2. This does not affect the liability for damages arising from injury to life, body and Health, due to negligence or deliberate breach of fundamental Contractual obligations, or if under the Product Liability Act or negligence of contract or other breaches of duty or tort claims for compensation of property damage liability is compulsory. Material contractual obligations are obligations whose fulfillment is required for the proper execution of the contract, which the customer can rely on.
XIII. Set-Off right, Right of retention
1. The customer is not entitled to offset against our claims, except the counterclaims of the customer are legally established or undisputed. The customer is entitled to offset against our claims if he makes complaints or counter claims from the same purchase contract.
2. The customer may only exercise a right of retention if his counterclaim is based on the same contract.
XIV. Privacy
Data protection regulations are contained in the Data privacy statement.
XV. Copyright
The seller has to all images, films and texts which are published on its website, copyright. Any use of the images, movies and texts is not permitted without the express consent of the seller.
XVI. Applicable Law
The law of the Federal Republic of Germany / Austria is valid.
XVII. Place of jurisdiction
In the case of disputes arising from contracts that were closed under the application of these terms and conditions, either the Austrian courts or courts of the place where the customer is domiciled have jurisdiction of customers. After the dispute has arisen, it is up to the parties to agree on a venue in Austria or Germany.
XVIII. Changes to the General Terms and Conditions / modification reserved
We are entitled to change these terms and conditions unilaterally, to the extent necessary to eliminate subsequently emergent equivalence disorders or to adapt to changing legal or technical conditions. We will inform the customer by notifying the contents of the amended rules to the last known email address of the customer of a change. The change is part of the contract, unless the customer after receipt of notification of inclusion in the contract against an objection within six weeks in writing or in text form to us.
XIX. Severability clause
If any provision of these Terms and Conditions should be invalid, the validity of the remaining provisions are not affected.