Content of the online offer
The author reserves the right not to be responsible for the topicality, correctness and completeness of the information provided on our website. Liability claims against the author, which refer to material or immaterial nature, which were caused by the use or disuse of the information provided or by the use of incorrect and incomplete information are excluded, unless the author is intentionally intentional or grossly negligent Fault is present. All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
References and links
For direct or indirect references to external websites ("hyperlinks"), which lie outside the area of responsibility of the author, a liability obligation would come into force only in the case in which the author has knowledge of the contents and it would be technically possible and reasonable to prevent the use in case of illegal content. The author hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore he dissociates himself hereby expressly from all contents of all linked / linked sides, which were changed after the link setting. This statement applies to all links and references within the own Internet offer as well as to foreign entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases on whose contents external writing accesses are possible. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information presented, the provider of the page referred to, and not the one who only links to the respective publication, is liable.
If within the Internet offer the possibility for the input of personal or business data (email addresses, names, addresses) exists, the surrender of these data on the part of the user on expressly voluntary basis. The use and payment of all offered services is - as far as technically possible and reasonable - also without specification of such data or under specification of anonymized data or a pseudonym allowed. The use of the contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers as well as email addresses by third parties for the transmission of not expressly requested information is not permitted. Legal action against the senders of so-called spam mails in case of violations of this prohibition are expressly reserved.
Copyright and Trademark Law
The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to resort to license-free graphics, sound documents, video sequences and texts , All brand names and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. Just because of the mere mention is not to conclude that trademarks are not protected by rights of third parties! The copyright for published, created by the author objects remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. Google will never associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; However, please be aware that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
This website uses plug-ins from the provider Facebook.com, which are provided by the company Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304 in the USA. Users of our website, on which the Facebook plugin is installed, are hereby informed that the plugin establishes a connection to Facebook, whereby a transmission is made to your browser, so that the plugin appears on the website. Furthermore, the use of data to the Facebook server forwarded, which contain information about your website visits to our homepage. For logged-in Facebook users, this results in the usage data being assigned to their personal Facebook account. As soon as you actively use the Facebook plug-in as a logged-in Facebook user (for example by clicking on the "Like" button or using the comment function), this data will be transferred to your Facebook account and published. You can only do this by logging out of your Facebook account. For further information regarding the use of data by Facebook, please refer to the data protection provisions on Facebook.
Delivery and payment terms
Delivery after agreement otherwise pickup. Basically, when ordering goods by mail or by phone, a deposit after agreement or a prepayment of the total amount to our company account. Any agreed final payment is due upon delivery in cash.
Return and exchange right
Within 14 days you can return goods that do not meet your expectations, unused and in their original packaging. Exceptions are products that have been custom-made at your request. The resulting postage costs are at your expense. The goods must arrive undamaged.
For technical equipment and technical accessories you receive the warranty within the legal conditions valid in Austria. In the case of warranty cases, the submission of the invoice. Incorrect use voids the warranty!
Retention of title
The goods remain the property of Wohleser Walter until full payment
1 Scope and provider
1.These terms and conditions apply to all orders you make at the online store Wohleser terrarium finishing Managing Director: Wohleser Walter make.
2. The product range in our online shop is aimed exclusively at buyers who have reached the age of 18 years.
3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
2 conclusion of contract
1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2. By clicking on the button ["order now for payment" / "buy"] you make a binding purchase offer (§ 145 BGB).
3. Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
4. A purchase contract for the goods is only concluded if we expressly declare the acceptance of the purchase offer (order confirmation) or if we send the goods to you without prior express acceptance.
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs.
4 terms of payment; delay
1. Payment can be made either by:
Invoice in advance,
cash on delivery,
2. We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.
3. When selecting the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
4. When paying by cash on delivery, an additional fee of 20 EUR will be charged, which the local delivery service charges. Further costs and taxes are not applicable.
5. When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). The actual charge on your credit card account will be at the time we ship the goods to you.
6. When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
7. If you pay by direct debit, you may be responsible for any costs incurred as a result of a chargeback of a payment transaction due to a shortage of funds or due to incorrectly transmitted bank details.
8. If you default on a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base lending rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
5 set-off / right of retention
1. You are only entitled to set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 delivery; Retention of title
1. Unless otherwise agreed, the delivery of goods from our warehouse to the address specified by you.
2. The goods remain our property until full payment of the purchase price.
3. Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part, but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact immediately. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.
4. If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
We reserve the title to the goods until complete settlement of all claims arising from the current business relationship.
Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted. You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
7 damage in transit
1. If goods are delivered with obvious damage in transit, please complain about such errors immediately to the deliverer and please contact us as soon as possible.
2. Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
1. Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
2. If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods - deviating from the statutory provisions - is one year. This restriction does not apply to claims based on damages arising from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
3. Otherwise, the statutory provisions apply to the warranty.
4. If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer.
You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery.
In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded. In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.
The warranty period is one year from date of delivery.
1. Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
2. For the rest, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies to our vicarious agents.
10 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform is accessible via the external link https://ec.europa.eu/consumers/odr/.
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure
11 Final provisions
1. Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
2. Contracts between us and you are governed exclusively by Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
3. Are you a merchant, legal entity under public law or special fund under public law, our place of business is the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.
12 Place of performance and jurisdiction Austrian law applies.
The applicability of the UN Sales Convention is excluded. The place of performance is exclusively Vienna, even if carriage paid delivery to another location has been agreed in individual cases.
Jurisdiction is exclusively the relevant court in Bruck a. d. Leitha