Terms and Conditions
1.Applicability of the general terms and conditions (AGB)
These general terms and conditions apply. in the version valid at the time of the order, for all contracts concluded via this web shop between Fechter GmbH (hereinafter referred to as Fechter Merch GmbH) on the one hand and the contractual partner (abbreviated to customer) on the other. The customer expressly declares to agree to these conditions. Deviating agreements require the express written regulation, unilateral declarations by the customer, as well as any general terms and conditions of the customer, even if these are not expressly contradicted by Fechter Merch GmbH, have no legal effect.
2.Name and adress of the company
Fechter Merch GmbH, Industriestrasse 7, Halle L SÜD, 2100 Korneuburg, Austria
3.Conclution of contract
Contracts on this portal can only be concluded in German or English.
The presentation of goods in the web shop by Fechter Merch GmbH takes place without any obligation to conclude a contract, but is an invitation to the customer to submit a purchase offer in the form of an order. The customer submits a binding offer to Fechter Merch GmbHs when he has completed the online ordering process by entering the information requested there and completes the ordering process by clicking the "Order" field. After the order has been sent, the customer will receive an email confirming receipt of the order at Fechter Merch GmbH and showing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the offer.
A purchase contract is concluded when Fechter Merch GmbH sends the ordered product to the customer. In the case of partial deliveries, the purchase contract is only concluded with regard to the partial delivery shipped. If the ordered goods are not available, Fechter Merch GmbHreserves the right not to deliver. In this case, Fechter Merch GmbH will inform the customer of this without unnecessary delay and refund any consideration already received, the customer has no further claim. When the order is handed over to the parcel service, the customer receives an electronic tracking number. It may take 1-3 working days until this tracking number is active.
4.Prices
The prices mentioned refer to the articles published on the Internet, taking into account the respective description.
Prices are final prices, i.e. they contain the legally applicable sales tax. Shipping costs only apply to small order values. From an order value of € 50.00, Fechter Merch GmbH will ship the goods free of charge within Austria. From an order value of € 100.00, Fechter Merch GmbH will ship the goods free of charge within Germany.*
If the order is executed in several partial deliveries, this does not increase the shipping costs.
Any customs duties are to be borne by the customer.
5.Payment
The purchase price (including taxes and any shipping costs) is due immediately with the order. The credit card account is debited when the order is completed.
The following payment options are available to the customer:
PayPal, Credit Card, Apple Pay, Google Pay, Klarna
6.Delay
If the customer is in arrears with the payment of due claims, Fechter Merch GmbH is entitled to charge the statutory default interest as well as the reminder and collection costs incurred as far as appropriate and necessary for the appropriate legal prosecution. The assertion of a higher damage caused by delay remains unaffected.
7.Objections and set – off
Objections to an invoice from Fechter Merch GmbH must be made in writing within 14 days of receipt of the invoice enclosed with the goods. Legal claims, which can also be asserted after the deadline, remain unaffected.
8.Retention of title
The goods remain the property of Fechter Merch GmbH until the full and permanent purchase price payment. During the retention of title, the customer is entitled to own and use the object of purchase in accordance with the contract, but not to debit or dispose of it (e.g. sale, exchange) as long as he meets the payment obligations on time.
9.Warranty and Liability
The warranty and liability are determined in accordance with the statutory provisions, in particular in accordance with § 922 ff ABGB, unless the following regulations determine otherwise.
Complaints regarding the scope of delivery, material defects, incorrect deliveries and / or quantity deviations are to be sent to support@sick-series.com, as far as can be ascertained by reasonable examinations, immediately after receipt of the goods in writing by email, if appropriate including a photo documentation. com to assert. Obviously damaged packaging must be objected to immediately upon receipt by the delivery service and NLE informed of the complaint by email to support@sick-series.com.
Fechter Merch GmbH excludes all liability, including pre-contractual liability, to the extent permitted by law. The disclaimer does not apply to the guaranteed quality of things.
In particular, the liability ofFechter Merch GmbH, insofar as legally permissible, is limited to the foreseeable damage, the occurrence of which must typically be expected, and the amount is limited to the net final purchase price of the damage-triggering product.
The provisions of the Product Liability Act remain unaffected.
10.Complaints
Complaints should be sent to following address, stating the order number, order date and customer data:
Fechter Merch GmbH, Industriestraße 7, Halle L, 2100 Korneuburg
11.Complaint / dispute settlement
According to applicable law, Fechter Merch GmbH is obliged to inform consumers of the existence of the European online dispute settlement platform:
The EU Commission has been providing a platform for out-of-court dispute resolution since February 15, 2016. This gives consumers the opportunity to resolve disputes in connection with your online order without the involvement of a court. The dispute settlement platform can be reached at the link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE
The internet ombudsman provides another option for out-of-court dispute resolution at:
Internet Ombudsmann
Margaretenstr. 70/2/10
A-1050 Wien
Austria
Please note that dispute settlement procedures generally require the consent of those involved. Fechter Merch GmbH is fundamentally not willing to participate in dispute settlement procedures within the framework of the European online dispute settlement platform.
12.Reservation of performance
Fechter Merch GmbH reserves the right to provide an equivalent service in terms of quality and price in the event of product changes, unavailability of the goods or delayed delivery by the manufacturer or, if this is not possible, not to provide the service.
13.Requirement in writing
Changes to the contract and ancillary agreements must be made in writing in order to be effective. The need for the written form also applies to the waiver of the written form requirement.
14.Cancellation policy
Right of withdrawal
The customer has the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods. To exercise a right of withdrawal, the customer Fechter Merch GmbH (Fechter Merch , Industriestraße 7, 2100 Korneuburg, email: support@sick-series.com) by means of a clear statement (e.g. a letter sent by post, fax or email) about the decision to revoke this contract. The customer can use the attached cancellation form (see below for SAMPLE).
In order to meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If the customer withdraws from the contract, Fechter Merch GmbH has all payments Fechter Merch GmbH received from the customer, including the delivery costs (except for the additional costs that result from the fact that the customer has a different type of delivery than that offered byFechter Merch GmbH , cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the date on which Fechter Merch GmbH received notification of the cancellation of this contract. For this repayment, Fechter Merch GmbHuses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer. Fechter Merch GmbH can refuse the repayment until Fechter Merch GmbH has received the goods back or until the customer has provided evidence that he has returned the goods, whichever is the earlier.
The customer must return or hand over the goods to Fechter Merch GmbH at the latest within fourteen days from the day on which he informs Fechter Merch GmbH of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the cost of returning the goods. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the quality, properties and functionality of the goods.
Further information on the right of withdrawal and return
Please fill in the return slip enclosed with your shipment for the item you want to return, put it in its original packaging, undamaged and unused in the package and stick it carefully. Returns without a completed return form cannot be processed. Shipments without freight prepaid will not be accepted. Completed return slips are regarded as exercising the right of withdrawal.
15.Final provisions
In the event that the customer is an entrepreneur or consumer residing abroad, Vienna is agreed as the place of jurisdiction for all disputes arising from this contract or in connection with this contract.
Austrian law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and to the exclusion of national and supranational reference standards.
If clauses of this contract are ineffective or lose their effectiveness, the contract remains effective. The ineffective clause is replaced by a regulation that comes closest to the will of the contracting parties.
As of March 2022
Withdrawal form
If you want to cancel the contract, please fill out this form and send it back to:
Fechter Merch GmbH, Industriestraße 7, Halle L, 2100 Korneuburg
support@sick-series.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*)/ recieved on (*): …………………………………………………………..
Name of the costumer(s): …………………………………………………………...
Adress of the customer(s): ………………………………………………………...
Signature oft he costumer(s) (only for notification on paper): ………………….
Date: ……………………………………………
(*) Delete where inapplicabele.