General terms and conditions with important customer information
Scope of application
The business relations between Erber GmbH and the customer are governed exclusively by these general terms and conditions. Erber GmbH does not accept any terms and conditions that conflict with or deviate from these General Terms and Conditions and hereby expressly objects to them. Conflicting terms and conditions of the customer are only valid if Erber GmbH expressly agrees to them in writing.
Time of contract conclusion
By clicking on the button “Send order” you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of the order follows immediately after sending the order. The purchase contract is concluded with our delivery confirmation or delivery of the goods.
Insight into the contract text
The contract text is saved. You can view the general terms and conditions on this page at any time. You can view your concrete order data under “My account”.
The estimated delivery time can be found in the product description. If no details are given there, the delivery takes place with order acceptance within 3 days after receipt of payment. The agreement of longer delivery times at your request is possible.
We are entitled to make partial deliveries. Additional shipping costs will only be incurred by express agreement.
A. Cancellation policy vis-à-vis consumers
The buyer to be regarded as a consumer, who does not place the order within the framework of a company, gives his consent by initiating the ordering process that he receives the instruction on the right of revocation pursuant to § 5 para. 1 FAGG and the information specified in § 4 para. 1 FAGG in the course of confirming his order by e-mail.
B. Cancellation policy vis-à-vis companies
right of withdrawal
You can revoke your contract explanation within 2 weeks without indication of reasons in text form or by return of the thing. The period begins at the earliest with receipt of this instruction. In order to exercise your right of revocation, you must inform us Erber GmbH, Dorfstraße 57, 6364 Brixen im Thale/Tirol, e-mail: email@example.com by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods or services received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a retail shop. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Items that can be sent by parcel post are to be returned. Items that cannot be sent by parcel post will be collected from you. You have to bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you. Obligations to refund payments must be fulfilled by you within 30 days of sending your notice of cancellation.
Your right of revocation expires prematurely if your contractual partner has begun to perform the service with your express consent before the end of the revocation period or if you have initiated this yourself (e.g. by downloading, etc.).
The warranty is in accordance with the statutory provisions, whereby in the event of a defect in the goods at your option first deliver or repair. If the subsequent improvement fails or if the subsequent delivered goods are also defective, you can return the goods against refund of the full purchase price or keep the goods and reduce the purchase price. Please refer to the product documentation for information on possible manufacturer warranties.
The liability is limited to the article price except in case of intent.
Retention of title
The delivered goods remain our property until full payment has been made.
“Austrian law shall apply to the exclusion of reference standards (IPRG and EVÜ) and to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
The parties agree on the jurisdiction of the court of Brixen im Thale which is objectively relevant. If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG) and if he has his place of residence or habitual abode in Germany or if he is employed in Germany, the court with jurisdiction over the place of residence, habitual abode or place of employment of the customer shall have local jurisdiction”.
Reduction maintaining validity
If provisions of these General Terms and Conditions, the Supplementary General Terms and Conditions and any other agreements are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as legally possible to the original intended purpose. The same applies to the filling of a contractual gap.
We use your inventory data exclusively to process your order. We store and process all customer data in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact firstname.lastname@example.org or send us your request by mail or fax.
We will not pass on your personal data including your home address and e-mail address to third parties without your express consent, which can be revoked at any time. Excluded from this are our service partners who require the transmission of data for order processing (e.g. the shipping company responsible for delivery and the bank responsible for payment processing). In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
All prices mentioned are final prices including value added tax and monopoly tax (except in our wholesale trade). With all due care, we also make a mistake once. Therefore we reserve the right to deliver your order in case of errors, unjustifiable price and product changes as well as delivery bottlenecks of our suppliers.
Illustrations partly contain decoration or additional equipment. Prices are valid without these.
The delivery of alcoholic beverages to minors is forbidden!
Minors are therefore not allowed to order spirits!