General terms and conditions
PETER'S SEASONS GMBH,
Rudolf Havalagasse 3
2326 Maria Lanzendorf
Austria
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
www.peters-seasons.at
Bank details:
Erste Bank
IBAN: AT43 2011 1829 8720 7700
BIC: GIBAATWWXXX
1. Validity of the conditions
The following general terms and conditions apply to all contracts with merchants and non-merchants for the delivery of goods that we offer for purchase in catalogs, at trade fairs, through representatives and in the online shop. Differing purchasing conditions of the buyer only apply with the written consent of the seller. Counter-confirmation from the buyer with different conditions is hereby contradicted. The legal invalidity of any part of these terms and conditions has no influence on the validity of the remaining content thereof. To the extent that these General Terms and Conditions do not contain any regulations, the content of the contract is based on the legal regulations applicable in Austria. The provisions of the Vienna UN Convention of April 11, 1980 on the International Sale of Goods (CISG, UN Convention on Contracts for the International Sale of Goods) do not apply.
2. Conclusion of contract
Offers from the seller are always non-binding. The buyer is bound to his order until it is rejected by the seller, but at the latest until the acceptance period of eight weeks has expired. The contract is concluded with the seller's declaration of acceptance (order confirmation) and in accordance with its content or through delivery or service within the acceptance period. The contract is considered concluded when the seller has sent or handed over the written order confirmation. The buyer must check this order confirmation immediately upon receipt. If there are no written objections within 8 days, the order confirmation is deemed to have been accepted in full by the buyer. Changes and additions to the contract require written confirmation from the seller to be valid. Individual agreements regarding delivery time agreements, price agreements, guarantees of properties and deviations from our General Terms and Conditions must be in writing to be effective. Form, color and performance information as well as illustrations are only approximate and non-binding unless they are expressly designated as binding. Minor deviations in quality, weight, shape and color are unavoidable and do not constitute a defect. We explicitly point out that the majority of our goods are handmade and therefore the color and design may sometimes differ from the sample.
3. Cancellation of orders
Orders placed by the buyer must be canceled at least in writing to the seller. In the event of partial cancellations after the contract has been concluded or in the event of unjustified complaints about defect-free goods, 15% of the net value of the goods will be charged as a processing fee. In the case of existing old claims or negative credit information, the seller is entitled to demand payment in advance from the buyer within a reasonable period of time, regardless of the payment conditions agreed in the purchase contract. If the buyer does not do this within the specified period, the seller is entitled to withdraw. In this case, 15% of the net value of the goods will also be charged as a processing fee.
4. Performance and delivery
By concluding a purchase contract, the seller undertakes to deliver the purchased item to the buyer free of defects within the agreed delivery period. If no delivery period has been specified, a delivery period of eight weeks, calculated from the conclusion of the contract, is deemed to have been agreed. Delivery times are generally non-binding and the buyer is obliged to accept partial deliveries and the seller is entitled to invoice for these partial deliveries. If the delivery of custom-made products is dependent on the buyer having to provide the seller with documents such as drawings, gauges, samples or the like in advance, the delivery period only begins on the day of complete receipt of these documents and after the order has been confirmed by the seller Salesperson. If requests for changes or additions are taken into account, the delivery time will be extended accordingly.
5. Prices
The prices stated in the seller's price lists, advertisements and advertising literature are always subject to change and are only considered agreed upon written order confirmation. Please refer to the current version of our catalog for the seller's most current and valid prices. The prices are in EURO net without VAT. The prices valid on the day the contract is concluded apply to the calculation. For US customers we charge in USD.
6. Place of performance
The place of fulfillment for the buyer's payment obligation is Maria Lanzendorf. The place of fulfillment for the seller's delivery obligation is Maria Lanzendorf.
7. Billing and Payment
The seller is entitled to request partial payments depending on the progress of delivery. Unless special payment conditions have been agreed in writing, the invoice amount is due for payment within 10 days of the invoice date without any deductions. If the buyer is in arrears with his payment, the seller can declare the entire outstanding order amount due and charge default interest of at least 12% per annum, unless higher interest rates are permitted by law.
8. Right of withdrawal
Under no circumstances does the buyer have the right to withdraw from the concluded contract. If, in exceptional cases, such a withdrawal by the buyer is accepted by the seller, the buyer undertakes to pay a cancellation penalty of 30% of the order total for goods that have not yet been delivered plus any expenses, such as freight costs, etc. Returned goods without prior consultation will be handled by the seller by no means accepted. The seller is entitled to withdraw from the contract if the buyer is in arrears with due payments or if future payments are at risk due to the buyer's poor financial circumstances. The cancellation penalty described above, including additional costs, is also due to the seller in the event of a justified withdrawal.
9. Retention of title
The delivered goods remain the unrestricted property of the seller – Peters Seasons GmbH – until full payment has been made. In the event of seizures and legal dispositions, the buyer is obliged to inform the seller about this and to secure the reserved property.
10. Maturity interest
Both contracting parties are entitled to demand interest at the standard bank interest rate, but at least 9% for the year, for their mutual financial claims based on the purchase agreement and those arising from check and bill of exchange obligations from the due date. In addition to the late payment interest charged, the seller is entitled to charge a reminder fee in the amount of: €4.50 per reminder.
11. Warranty and compensation
Defects must be reported to the seller in writing within 8 days of handover. If a complaint is not made or not made in a timely manner, the delivery is deemed to have been approved. In this case, the assertion of warranty and compensation claims as well as the right to challenge errors is excluded. In any case, there are no defects if there are color deviations in the goods delivered and there are slight deviations from the agreed dimensions and descriptions. All warranty claims are limited to the value of the defective delivery. The seller is not liable for any consequential damage that occurs in connection with a warranty claim.
12. Jurisdiction agreement
The place of jurisdiction is agreed to be the competent court in VIENNA/LOWER AUSTRIA. Only Austrian law applies. The place of jurisdiction for the assertion of all financial claims arising from the contract for both contracting parties is only the registered office of the seller. if there is no exclusive place of jurisdiction for the action. This applies in the event that both contracting parties are merchants, legal entities under public law or special funds under public law. This also applies - even if the buyer is a non-merchant - if the buyer does not have a general place of jurisdiction in Germany. However, the seller is entitled in all cases to sue the buyer at his general place of jurisdiction. Point 12 also applies in the event that the contracting party to be sued moves its domicile or usual place of residence outside of the area of validity of Austria after conclusion of the contract or its domicile or usual place of residence is not known at the time the action is filed. The contract language is German. If the contract and/or these General Terms and Conditions are translated into another language, only the German version of the contract and these General Terms and Conditions are authoritative.
13. Data Protection
You can find our data protection declaration on our homepage www.peters-seasons.at
14.Environmental protection
All packaging we supply is completely discharged via Altstoff Recycling Austria AG - ARA AG for short.
15. Delivery conditions
Peters Seasons GmbH Peters Seasons GmbH only supplies resellers. First order: EUR 400,-, First order: payment in advance
16.Transportation costs
Unless otherwise agreed between Peters Seasons GmbH and the customer, all orders are delivered ex warehouse. The customer will be charged the exact costs incurred for transport and any additional expenses (e.g. customs clearance).
17.Rights to image material
By purchasing the seller's goods, the buyer acquires from the seller a non-exclusive and free license to use the photographs, graphics, drawings, texts and the like (material) provided for sales purposes. The license is limited to the duration of the business relationship. The material provided is protected by copyright and is the property of the seller. The license does not include the right to sublicense to third parties or a right to edit. All designs on our items are subject to copyright protection and may not be copied or reproduced in any other way. The use of the material on third-party platforms is prohibited if the platform operator grants usage rights in the event of the material being uploaded in its terms of use. If desired, the goods can also be picked up at the company location in Vienna / Lower Austria or the transport can be organized by the customer himself. Collection and delivery dates must be adhered to.
18 complaints
Complained goods may only be returned to Peters Seasons GmbH after prior agreement. Any goods returned free or unpaid without prior agreement will not be accepted.