General terms and conditions of business
General Terms and Conditions (GTC) of Tehla SE
for the online shop https://www.tehla-se.si/
(Valid from 01/06/2023)
1. Scope
1.1. The present General Terms and Conditions of Tehla SE d.o.o.
Manufacturing & Trading Company (hereinafter referred to as “Seller”) apply to all contracts that the customer concludes with the Seller with regard to the products presented in the Seller’s online shop via distance selling. The inclusion of conflicting or supplementary conditions of the customer is contradicted. Without exception, these are only valid if they have been expressly acknowledged in writing by the seller in individual cases. Actions taken by the Seller to fulfill the contract do not constitute consent to contractual terms that deviate from these General Terms and Conditions.
1.2. Agreements deviating from these General Terms and Conditions prior to the conclusion of the contract and changes or additions to individual provisions as well as side agreements or special agreements after the conclusion of the contract must be in text form to be valid and only apply to the individual business case. This also applies to any cancellation of this clause.
1.3. Customers within the meaning of Section 1.1. are consumers according to the Consumer Protection Act. A consumer is therefore any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their self-employed professional activity or serves to create the prerequisites for this before the start of their company’s operations (founding transactions). Legal persons under private law who do not carry out any self-employed economic activity are also subject to the concept of consumer.
2. Contracting Party
The purchase contract is concluded with Tehla SE d.o.o. Kidričeva cesta 75, 4220 Škofja Loka
3. Products, offer and conclusion of contract, minimum order value
3.1. The seller has a wide range of milk and meat processing products as well as farm and pasture needs.
3.2. The seller points out that the product images shown in the catalogs or in the online shop may differ from the actual presentation of the products (symbolic images).
3.3. The minimum order value is € 0.00 (incl. tax) goods value.
3.4 Conclusion of contract
The product presentations contained in the seller’s online shop do not represent a legally binding contract offer on the part of the seller, but are only a non-binding invitation to the customer to submit a legally binding purchase offer. The seller will immediately confirm receipt of the customer’s order electronically. This does not constitute acceptance of the customer’s purchase offer.
The seller accepts the order by sending an order confirmation by email within five working days of receipt of the order. After this period has expired, the customer is no longer bound to his purchase offer.
If the seller cannot execute the order because the ordered goods are not available or if she does not accept the customer’s offer, she shall inform the customer of this immediately, at the latest within five working days of receipt of the order, by e-mail. The seller is entitled to reject the acceptance of the order – also with regard to individual products that do not belong together.
3.5. order process
3.5.1. The customer can submit the purchase offer regarding the products offered in the seller’s online shop via the online order form integrated in the online shop. The customer has the option of creating a customer account in the online shop by entering their personal data (name, address, e-mail address) and a password of their choice. In this case, the personal customer data entered will only be stored for the purpose of easier and faster processing of future order processes and can be called up by the customer at any time by entering the e-mail address and the password they have chosen. Furthermore, the customer has the option of shopping as a guest and entering their data separately for each order. In this case, the customer data is not stored for future orders, so that data must be entered again for each additional order.
3.5.2. By clicking on the product category, the customer is taken to the display of the individual products assigned to the respective category. The product is selected by clicking on the “Add to shopping cart” button for the desired product. The customer can then continue their purchase by clicking on the “Continue shopping” button or by clicking on the “Checkout” button with the ordering process. By clicking on the shopping cart symbol in the upper right corner of the order page, the customer can call up his product selection at any time before sending the order and delete all or some of the selected products or change their number (edit shopping cart).
After registration or registration of the already registered customer or entry of the billing and delivery data by the guest buyer, selection of the desired payment modalities and declaration of acceptance of the present General Terms and Conditions, the customer arrives at an order overview. The customer can change the number of products here again or remove individual selected products from the shopping cart. In the final step of the ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the “Order with obligation to pay” button. As soon as the ordering process is completed, the customer will be notified of this by an information window. This does not constitute acceptance of the customer’s offer by the seller.
3.6. The order data and the invoice are saved by the seller and can be accessed by the customer via the password-protected customer account for a limited period of time (but at least 6 months) if he has created a user account before sending his order.
3.7. The order processing and contacting take place mainly by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that the e-mails sent by the seller can be delivered.
3.8. Conclusion of a contract for deliveries of goods in distance selling without the participation of the online shop
3.8.1. The customer can also submit a legally binding offer in writing by e-mail, fax or letter or by telephone.
3.8.2. The seller accepts the order by sending an order confirmation within five working days of receipt of the order. After this period has expired, the customer is no longer bound to his purchase offer.
If the seller cannot execute the order because the ordered goods are not available or if she does not accept the customer’s offer, she shall inform the customer of this immediately, at the latest within five working days of receipt of the order. The seller is entitled to reject the acceptance of the order – also with regard to individual products that do not belong together.
3.8.3. The customer must ensure that any e-mail address given by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that the e-mails sent by the seller can be delivered.
4. Prices and terms of payment
4.1. The sales prices listed in the online shop include all price components, including the Austrian statutory sales tax, but do not include a flat-rate shipping cost itemized under the menu item “Shipping and payment terms”. The prices valid at the time of the order are decisive for invoicing.
4.2. The seller accepts the following payment options:
PayPal
Credit card payment via Visa or MasterCard
prepayment
4.3. With the exception of the “cash on delivery” payment method and unless otherwise agreed in writing, payment is due immediately after conclusion of the contract and must be credited to the seller’s account. In this case, the goods will only be shipped after receipt of payment. When paying by “cash on delivery”, the purchase price including the cash on delivery fee is to be paid upon delivery of the goods.
4.4. In the event of a delay in payment, interest on arrears at a rate of 5% p.a. and compound interest at the statutory rate will be charged, regardless of who is at fault for the delay in payment. In addition, in the event of a default in payment, the customer is obliged to compensate the seller for any further actual damage, in particular the damage caused by the fact that higher interest is accrued on any credit accounts of the seller as a result of non-payment, as well as all expenses incurred by the seller to refund the costs necessary for appropriate collection of the claim, such as lawyers’ fees and costs of debt collection agencies.
4.5. The customer is only entitled to offset his own claim against the seller if the seller is insolvent or the customer’s claim is legally related to their liability or the customer’s claim is undisputed, legally established or recognized by the seller.
4.6. The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
4.7. Payment must be made in euros.
5. Delivery and shipping conditions, default of acceptance, transfer of risk
5.1. Goods are delivered by post to the delivery address specified by the customer, unless otherwise agreed. When processing online orders, the delivery address stored by the customer in the order processing is decisive.
5.2. If delivery to the customer is not possible, the commissioned transport company will send the goods back to the seller, whereby the customer has to bear the costs for the unsuccessful delivery and collection as well as a reasonable storage fee. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.
5.3. If the customer is in default of acceptance, the seller is entitled, after setting a reasonable grace period, to withdraw from the contract and to use the goods elsewhere or to vert to pass rags fulfillment. If the customer is at fault for the delay in acceptance, he must compensate the seller for the damage caused by the delay. If the seller withdraws from the contract, a purchase price that has already been transferred, minus the transport costs and any compensation amounts to which the seller is entitled, will be returned.
5.4. The goods are sent at the seller’s risk, ie the risk of loss or damage to the goods only passes to the customer as soon as the goods are delivered to the customer or to a third party designated by the customer who is different from the carrier.
6. Retention of Title
6.1. The delivered goods remain the property of the seller until full payment has been made. The customer bears the entire risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
6.2. The customer is prohibited from pledging or assigning the reserved goods as security.
6.3. The customer must inform the seller immediately of any seizure or other impairment of the seller’s rights by third parties and provide them with all the information required to enforce the right of ownership. In this case, the goods are to be stored at the seller’s request to protect against further attachments at the location specified by the seller.
6.4. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless the seller expressly declares its withdrawal from the contract.
6.5. If the seller makes use of its retention of title and takes back the goods, the goods taken back due to the retention of title will be credited taking into account a price reduction appropriate to the storage period and wear and tear. The goods are returned to the seller at the expense and risk of the customer.
7. Liability for Defects
7.1. If there is a defect in the purchased item at the time of handover, the statutory provisions apply. The limitation period for warranty claims is two years from the delivery of the goods to the customer. If the seller is to blame for the defect, the customer can, in accordance with § 933a ABGB, claim damages within three years of becoming aware of the damage and the damaging party instead of asserting warranty claims.
7.2. If the goods are not present at the time the goods are handed over, the warranty for defects caused by the customer is excluded. This is particularly the case in the event of improper handling or storage, incorrect operation and unauthorized repair attempts.
7.3. The customer is asked to immediately complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this or, in the case of non-obvious transport damage, to inform the seller immediately after discovering the defect so that the damage can be claimed from the insurance company. The customer is also requested to document transport damage with pictures and to make the damage pictures available to the seller. If the customer does not meet these obligations, this has no effect whatsoever on his claims due to the defective service.
7.4. If the subsequent performance has taken place by way of a replacement delivery, the customer is obliged to return the goods delivered first to the seller within 14 days at the latter’s expense. The defective goods must be returned in accordance with the statutory provisions.
7.5. Complaints based on warranty claims can be asserted at the following address:
Tehla SE d.o.o.
Manufacturing & Trading Company
Sedež podjetja:
Kidričeva cesta 75
4220 Škofja Loka
Mobil: +386 (0)40 675366
Mail: shop@tehla-se.si
8. Liability for Damages
The statutory provisions for damages according to §§ 1295 ff ABGB apply.
9. Privacy
The use of personal data in the online shop takes place in accordance with the data protection declaration published separately on the website by the seller.
10. Applicable law, place of jurisdiction, contract language
10.1. For all disputes between the seller and the customer from the contractual relationship, including disputes about the formation and/or the validity of the contract, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law.
For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2. The court in whose district the domicile, habitual residence or place of employment of the customer is located is responsible for legal disputes.
10.3. The contract language is exclusively german.
11. Out-of-court dispute resolution
11.1. In the event of contractual disagreements, the seller accepts the Internet ombudsman and the association Österreichisches E-Commerce-Gütezeichen as an out-of-court arbitration board, but without renouncing the ordinary legal process.
Internet Ombudsman
Margaretenstrasse 70/2/10
A-1050 Vienna
www.ombudsmann.at
Under the following conditions, the Internet Ombudsman can be contacted for out-of-court dispute resolution in the event of specific complaints about a company:
The complaint is based on a paid contract concluded via the Internet or the complaint otherwise relates to questions of e-commerce or Internet law or data protection, copyright or trademark law (clear, concrete reference to Internet use must be available).
The complainant is a consumer and resides in Austria.
The respondent (seller) is based in an EU member state.
No legal proceedings are pending.
An unsuccessful attempt has already been made to contact the person who caused the complaint and to solve the problem.
The Complainant asserts specific legal claims against the Respondent or disputes legal claims asserted by the Respondent.
Details on how to deal with complaints and how to settle a dispute can be found on the website of the Internet Ombudsman, www.ombudsmann.at/schlichtung.php.
11.2. The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.
12. Miscellaneous
Should individual provisions of these General Terms and Conditions be legally ineffective, invalid and/or void or become so over the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. This does not apply if the invalid provision regulates one of the main performance obligations. Instead of the invalid or missing provisions, the respective statutory regulations apply. A waiver of these rights cannot be derived from the fact that the seller does not exercise individual or all of the rights to which it is entitled.