General Terms and Conditions of Sale (GTC) - Valid from 06/13/2014 at midnight
§ 1 Scope and contractual basis
(1) The following terms and conditions of sale apply to the purchase contract for the delivery of goods concluded between you as buyer and consumer within the meaning of § 13 BGB and us as seller.
(2) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximate.
§ 2 prices, delivery costs, payment
(1) The prices include 20% VAT - unless otherwise stated.
(2) You bear the delivery costs, unless you withdraw from the contract. These costs are shown depending on the desired place of delivery and the selected type of dispatch when ordering before a legally binding purchase contract is concluded.
(3) In the event of a cancellation of the contract, you bear the direct costs of returning the goods to us - further details are regulated in Section 11 of these terms and conditions.
(4) Payment in the online shop is made in advance. Regular customers can also pay by invoice. Paypal is possible with the assumption of the fees.
§ 3 offsetting; Right of retention
You are only entitled to offset against our claims if your counterclaims have been legally established or we have recognized them. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 4 Delay in delivery, partial deliveries
(1) Unless otherwise stated in individual cases, we will deliver ordered goods within five working days from the date of payment at the latest, with the exception of custom-made products.
(2) If there is a delay in delivery due to an intentional or grossly negligent breach of duty for which we are responsible, we are liable in accordance with the statutory provisions; Any fault on the part of our representatives or vicarious agents is attributable to us.
(3) If there is a delay in delivery due to a merely negligent breach of duty, our liability is limited to the foreseeable and typically occurring damage. However, if the breach of duty for which we are responsible concerns the breach of an essential contractual obligation or an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you as the buyer can regularly rely, we are liable in accordance with the statutory provisions.
(4) We are entitled to partial deliveries and partial services at any time, provided this is reasonable for you.
§ 5 color and size information
The color names and sizes given in our publications (catalog, internet etc.) are not subject to any standards. Based on this information, it is not possible to draw conclusions about specific dimensions or color ideas. Even within one brand, different items (e.g. polo shirt and T-shirt) can have completely different dimensions with the same size specification. Especially with so-called slim-fit / body-fit shirts, the size runs do not have to match the unisex items of the same brand. The same applies to women's and men's shirts from the same manufacturer. Even if the size is the same, women's shirts are regularly cut differently than the corresponding men's shirts.
The same color designation can look completely different for different brands or different articles of one brand. Unfortunately, this problem cannot be solved by the color bars printed in the catalog. Every printed color bar in the catalog appears differently under different light sources and it is almost impossible to show 100% textile coloring in paper printing.
Deviations in size and color therefore generally do not justify claims for defects. Of course, your right of return remains unaffected.
We expressly point out that every textile item made of cotton or a cotton-polyester blend must be washed before being worn for the first time. Due to the (completely harmless and harmless) chemical residues on textiles, if they are worn immediately and unwashed, especially when exposed to UV, chemical reactions between body sweat and the residues can occur. The resulting color deterioration persists even after subsequent washes. Complaints or complaints about this are usually excluded.
§ 6 Rights in the event of defects
(1) If the delivered item does not have the properties agreed upon between you and us, or if it is not suitable for the use required under our contract or for general use, or if it does not have the properties that you could expect according to our public statements, so are we are obliged to provide supplementary performance. This does not apply if we are entitled to refuse supplementary performance due to legal regulations. You must allow us a reasonable period for subsequent performance.
(2) The supplementary performance takes place at your choice by eliminating the defect (repair) or delivery of a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we have tried the rework twice in vain, it is considered to have failed. If the rework has failed, you have the right to choose to either reduce the purchase price or withdraw from the contract.
(3) Your right to assert further claims for damages remains unaffected. If claims for defects are made on goods that have not been refined by us, further processing costs incurred by a third party can only be claimed in an appropriate amount. The benchmarks for comparison are the amounts listed in our price list for textile finishing.
§ 7 Other liability
(1) Unless otherwise stated in these terms and conditions including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We are liable for damages - for whatever legal reason - in the event of willful intent and gross negligence. We are only liable for simple negligence
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from Paragraph 2 do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to claims by the buyer under the Product Liability Act.
(4) Due to a breach of duty that does not consist of a defect, you can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
§ 8 retention of title
The delivered goods (reserved goods) remain our property until all claims from this contract have been paid in full.
§ 9 Copyright
As the client, you are solely liable if the execution of an order in accordance with your specifications violates third-party rights, in particular copyrights. The client has to release the contractor from all claims by third parties due to such legal infringements.
§ 10 final clause, applicable law, severability clause
Austrian law applies to our contract. The application of the UN sales law is excluded.
Should individual provisions of these terms and conditions be or become fully or partially ineffective, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective or missing provisions, the respective statutory regulations apply.
§ 11 cancellation policy
Right of cancellation
You have the right to withdraw from this contract within 8 days without giving reasons. 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 . Has. This does not include goods that have been changed in any way. Embroidered, printed or worn! Goods specially made for you are excluded from the right of withdrawal without exception.
You can waive your right of withdrawal and we will start processing the goods immediately.
In order to exercise your right of withdrawal, you must inform us (Marco Grander, AustriaHunting, email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email) .
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Your right of withdrawal expires in the case of refined goods as soon as the approval for printing has been given.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You 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 to check the nature, properties and functionality of the goods.
End of revocation