General Terms and Conditions

Clause 1 APPLICABILITY
The following General Conditions as amended at the time of placing the order shall apply to the business relationship between Jörg Steiner Design GmbH and the customer. Jörg Steiner Design GmbH will not recognise deviating terms and conditions of the customer unless Jörg Steiner Design GmbH has expressly agreed to their applicability in writing.

Clause 2 CONCLUSION OF CONTRACT AND RESCISSION
Jörg Steiner Design GmbH undertakes to accept the customer's order subject to the Terms and Conditions of the website. Jörg Steiner Design GmbH shall be entitled to rescind the contract in the case of typing, printing or calculation errors on the website.
All offers shall be valid while stocks last. Jörg Steiner Design GmbH shall also be entitled to rescind the contract if its supplier does not supply Jörg Steiner Design GmbH with the goods ordered despite a contractual obligation to do so. In that case, the customer shall be immediately notified that the product ordered is not available. The purchase price paid shall be refunded immediately.

The customer shall have a 14-day right to exchange and right to return after receipt of the goods. The goods must be in an unused condition. This shall not apply to goods which have been individually produced to order for the customer. The purchase price of the goods will be refunded to the customer. At the customer's request the purchase price may be credited to other goods.

Clause 3 DELIVERY
Unless otherwise agreed delivery shall be ex warehouse to the address stated by the customer. The risk shall pass to the customer as soon as the package is delivered to the customer by the relevant courier or postal service. Information regarding delivery times are non-binding, unless the delivery date has been agreed in a binding manner in exceptional cases. In the course of delivery, the email address or telephone number may be indicated on the customer's package in the customer's interest. This serves to ensure delivery is effected.

Clause 4 DUE DATE; PAYMENT; DELAY
The purchase price shall be due for payment upon order placement. The customer may pay the purchase price either by credit card or by advance payment. In the case of late payment by the customer Jörg Steiner Design GmbH shall be entitled to charge late payment interest at a rate of 4% p.a. above the base interest rate of the ECB. If Jörg Steiner Design GmbH has sustained provably higher damages on account of late payment, Jörg Steiner Design GmbH shall be entitled to claim those damages.

Clause 5 OFFSETTING; WITHOLDING PAYMENT
The customer shall only have a right to offset payment if his/her counterclaims have been ascertained by a court in a final and binding (non-appealable) manner or if Jörg Steiner Design GmbH recognises the counterclaims. In addition the customer shall only be entitled to exercise a right to withhold a payment insofar as his/her counterclaim is based on the same contractual relationship.

Clause 6 RETENTION OF TITLE
The delivered goods shall remain the property of Jörg Steiner Design GmbH until full payment of all existing claims against the customer.

Clause 7 WARRANTY FOR DEFECTS; LIABILIY
In the case of defects for which Jörg Steiner Design GmbH is responsible, Jörg Steiner Design GmbH shall be entitled, at its choice, to repair the defect or replace the goods. If Jörg Steiner Design GmbH is not prepared or able to repair the defect or provide a replacement or if such repair or replacement is delayed for more than a reasonable period for reasons, for which Jörg Steiner Design GmbH is responsible, or if the repair/replacement fails in any other way, the customer shall be entitled at his/her discretion to rescind the contract or request a relevant reduction in the purchase price.

Unless provided otherwise below, additional claims of the customer on whatsoever legal ground shall be excluded. Thus, Jörg Steiner Design GmbH shall not be liable to damage that has not occurred to the delivery item itself; in particular, Jörg Steiner Design GmbH shall not be liable for lost profit or other pecuniary damaged suffered by the customer. To the extent that the Jörg Steiner Design GmbH’s liability is excluded or limited this shall also apply to personal liability of its staff, representatives and agents [Erfüllungsgehilfe as defined by Section 1313a of the Austrian Civil Code [ABGB]].
The foregoing limitation of liability shall not apply to damage caused by wilful intent or gross negligence.

If Jörg Steiner Design GmbH breaches a material obligation of the contract, the liability for damage to property and personal injury shall be limited to the damage that typically occurs.

The warranty period shall be twenty-four (24) months from the date the risk has passed. This period shall be the period of limitation and shall apply to all claims for consequential damages, provided that no claims are made on grounds of wrongful acts.

Excluded from the warranty are damages that are due to natural wear and tear, improper use and lack of or incorrect care.

Clause 8 DATA PROTECTION
The customer has been extensively informed about the type, scope, location and purpose of collection, processing and use of the personal data required by Jörg Steiner Design GmbH for carrying out orders, registration for the email notification service and delivery. The customer expressly agrees to this collection, processing and use of personal data.

Clause 9 APPLICABLE LAW; PLACE OF JURISDICTION
Austrian law shall apply. Schladming shall be the exclusive place of jurisdiction for all claims in connection with the business relationship. Jörg Steiner Design GmbH shall be entitled to sue the customer also at his/her general place of jurisdiction.