TERMS OF SERVICE
SCOPE
All orders placed in our online shop (www.AndreZechmann.com) are subject to our general terms and conditions, which you can access online.
As a customer, you are obliged to read the general terms and conditions carefully before submitting them. We recommend that you print out your order details immediately after submitting your order together with the order and the general terms and conditions. If you send the order to us, you agree that you have read and understood our general terms and conditions.
All offers and promotions in the online shop are only valid while stocks last.
We ask for your understanding that you can only order in normal household quantities.
All prices are in euros including the respective statutory value added tax and plus any shipping costs.
CONTRACT
At www.AndreZechmann.com you have the opportunity to change your mind about your order (except custom-made products). Purchase the products, try them on at home, and if you are not satisfied with a product, you can return it (except custom-made products). The purchase only becomes effective after the two-week withdrawal period from receipt of the goods. This does not apply to custom-made products, which are excluded from the right of return or cancellation.
WITHDRAWAL
If you want to exercise the right of withdrawal, send the goods back to us in their original packaging.
Please report transport damage immediately upon receipt of the goods. If you would like to report defects and complaints later, please call our customer service.
Please always have returns confirmed by the transport company and keep the confirmation until the purchase price of the goods has been credited to your customer account.
The right of withdrawal or return is subject to the following conditions:
• the products to be returned must not be used, worn, washed or damaged;
• The right of return or cancellation does not exist for the delivery of goods that are manufactured as a special order;
• the products to be returned must be returned in their original packaging;
• The products to be returned must be returned to André Zechmann GmbH in one delivery. André Zechmann GmbH reserves the right not to accept products that originate from an order but are returned in different deliveries;
• The products to be returned must be handed over to the supplier for return within 14 (fourteen) working days from receipt of the goods.
André Zechmann GmbH is particularly entitled to withdraw from the contract if the customer is in arrears with payments due despite a grace period of 14 (fourteen) days;
There are legitimate concerns about the customer's creditworthiness and the latter does not provide any payments or suitable security at the request of André Zechmann GmbH.
With regard to all returns of the goods purchased from the customer, it is agreed that the return is to be carried out at your own risk and expense. This also applies in particular to the required rectification of defects by André Zechmann GmbH in connection with warranty regulations.
PURCHASE PRICE
Unless otherwise agreed in writing, all purchase prices of the products, as well as possible shipping costs including VAT, apply expressly in euros. The purchase price is always the price displayed on the Internet at the time the order is placed. Prices and shipping costs are subject to change at any time without notice. We therefore ask you to check the final purchase price before submitting the order.
All products are shipped from Austria. All prices of the products and shipping costs, which are displayed on the Internet and unless otherwise agreed, are not to be understood taking into account possible costs resulting from customs duties and taxes, in the case of shipping to countries outside the European Union, in which individual import restrictions must be observed , These costs are therefore to be borne by the buyer and must therefore be borne when the products are delivered, as stated in the corresponding order confirmation.
PAYMENT
ADVANCE-CASH
We reserve the right to make the delivery of the goods dependent on an advance payment or, under certain conditions, to deliver only against cash on delivery. The additional cash on delivery fee is € 5.90
PAYMENT WITH PAYPAL
If you have a PayPal account, André Zechmann GmbH will give you the option to pay directly at www.paypal.com with your email address and password. In the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process. You can also pay by credit card through PayPal if you don't have a PayPal account.
To do this, select the PayPal option "Pay with credit card"
The payment process is safe!
CREDIT CARD
When placing the order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction is carried out automatically and your card is debited.
Klarna
If you have a KLARNA account, André Zechmann GmbH will give you the option of paying directly via Klarna with your email address and password. In the ordering process, you will be redirected to the website of the online provider Klarna. To be able to pay the invoice amount via Klarna, you must be registered there. You'll get more information during the ordering process.
The payment process is safe!
DELAY IN PAYMENT - RETENTION OF TITLE
Please note that there are additional costs if the payment is late.
In the event of late payments, default interest in the amount of 8 percentage points above the base rate in accordance with § 1333 ABGB (entrepreneurial interest) is agreed. Delivered goods remain the property of André Zechmann GmbH until full payment.
The customer undertakes to bear all costs and expenses associated with the collection of claims against him, in particular reminder costs from the lawyer of André Zechmann GmbH or other costs necessary for appropriate legal prosecution (e.g. collection expenses).
In the event of a delay in payment by the customer, André Zechmann GmbH can immediately call all services and partial services rendered under other contracts concluded with the customer.
The customer is not entitled to offset his own claims against the claims of André Zechmann GmbH, unless the customer's claim has been recognized in writing by André Zechmann GmbH or determined by the court.
A right of retention of the customer is excluded.
IMAGE RIGHTS
All image rights are with us or with our partners. Even partial use of images is not permitted without our express consent.
WARRANTY AND COMPENSATION
The customer must make any complaints immediately, but in any case within three days after the service has been provided by André Zechmann GmbH, and justify them in writing. In the case of justified and timely notification of defects, the customer only has the right to improve or exchange the service by André Zechmann GmbH. A change of the contract is only permitted if André Zechmann GmbH does not remedy essential defects within a reasonable period.
In the event of a justified notice of defects, the defects will be remedied by André Zechmann GmbH or by a third party named by it within a reasonable period of time, whereby the customer must enable André Zechmann GmbH to take all measures necessary for inspection and correction. André Zechmann GmbH is entitled to refuse to improve the service if this is impossible or would involve disproportionately high expenditure for André Zechmann GmbH.
The reversal of the burden of proof according to § 924 ABGB at the expense of André Zechmann GmbH is excluded. The existence of the defect at the time of delivery, the time of detection of the defect and the timeliness of the notice of defect must be proven by the customer.
Claims for damages by the customer, in particular due to delay, impossibility of performance, positive breach of contract, fault on conclusion of contract, defective or incomplete performance, consequential damage or unlawful acts are excluded, unless they are based on intent or gross negligence on the part of André Zechmann GmbH. The customer has to prove the existence of gross negligence or intent.
Any claim for damages can only be made within six months of becoming aware of the damage.
Claims for damages are limited in amount to the order value excluding taxes.
APPLICABLE LAW
Austrian law (substantive law and procedural law) shall apply exclusively to all legal disputes arising from the contractual relationship between André Zechmann GmbH and the customer, with the exclusion of the international reference standards. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
In the event of a justified notice of defects, the defects will be remedied by André Zechmann GmbH or by a third party named by it within a reasonable period of time, whereby the customer must enable André Zechmann GmbH to take all measures necessary for the examination and correction of defects. André Zechmann GmbH is entitled to refuse to improve the service if this is impossible or would be associated with disproportionately high expenditure for André Zechmann GmbH.
The reversal of the burden of proof according to § 924 ABGB at the expense of André Zechmann GmbH is excluded. The existence of the defect at the time of delivery, the time of detection of the defect and the timeliness of the notice of defect must be proven by the customer.
Claims for damages by the customer, in particular due to delay, impossibility of performance, positive breach of contract, fault on conclusion of the contract, defective or incomplete performance, consequential damage or unlawful acts are excluded, unless they are based on intent or gross negligence on the part of André Zechmann GmbH. The customer has to prove the existence of gross negligence or intent.
Any claim for damages can only be made within six months of becoming aware of the damage.
Claims for damages are limited in amount to the order value excluding taxes.
FULFILLMENT AND JURISDICTION
The place of performance is the headquarters of André Zechmann GmbH in 8970 Schladming.
For all legal disputes from any legal relationship between André Zechmann GmbH and the customer, irrespective of the amount in dispute, the jurisdiction of the District Court of Schladming and any court that takes its place is agreed.
CONTRACT LANGUAGE CONTRACT TEXT STORAGE
The languages available for the conclusion of the contract: German & English
We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible on the Internet.
DELIVERY TERMS
In addition to the specified product prices, shipping costs may apply. You can find out more about the possible shipping costs in the offers. We do not deliver to packing stations.
SHIPPING DAMAGE
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
WARRANTY AND WARRANTY
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.