Regensburger Handels GmbH b>
Managing Director: Serafin Regensburger
6542 Pfunds / Tirol
Tel. +43 (0) 5474/5500
Fax. +43 (0) 5474 / 5500-55
UID: ATU 52031304
Company registration no .: 206900s
Provincial Court Innsbruck
Authority acc. ECG: Bezirkshauptmannschaft Landeck
Applicable legislation: Trade Regulations
GENERAL TERMS AND CONDITIONS h1>
§ 1 Scope and contract
(1) These conditions apply to all our deliveries of goods. The customer acknowledges these conditions with his order. Amendments or additional agreements to these conditions require our written confirmation to be valid and only apply to the individual business case. Deviating contractual conditions of the customer are expressly contradicted.
(2) Our offers are completely non-binding; This means that the order of the customer only becomes binding through our order confirmation or first through our delivery.
(3) We offer our customers the following services before conclusion of the contract:
- non-binding, personal advice on site,
- planning on the computer by means of 3D software,
- Presentation of the planning and furnishing variants.
(4) We reserve the goods availability, changes of the products through technical advancement; Model change and possible misprints of our catalog (download on our homepage under www.schiraum.at possible). On our homepage the availability of goods can be requested online via contact form.
§ 2 delivery and installation
(1) In principle, we always deliver and assemble the goods ourselves. Only in exceptional cases does the delivery take place by a forwarding agent commissioned by us and the assembly is carried out by subcontractors.
(2) Our customers must inform us before the delivery of any obstacles to a problem-free access to the house. The customer must ensure that his premises are prepared for assembly by the agreed delivery date. In case of difficult conditions additional costs will be charged separately.
(3) The SuperDRY system for heating must be connected to the hot water circuit of the heating system by a customer-chosen installer.
(4) The delivery time and the delivery date are agreed with our customers. Since we basically deliver and assemble ourselves and because our goods are manufactured periodically and on an order-related basis, the agreed delivery time and the agreed delivery date are to be regarded as guideline values, which, however, can largely be met. Exceeding deadlines and deadlines, we try to prevent by a proven delivery date monitoring to the maximum extent. This applies in particular to written confirmed fixed transactions. For nonetheless entering. We can not be held liable for any exceedances due to subcontractors, unless intent or gross negligence on our part has occurred.
(5) Our customer undertakes to take over the ordered deliveries on the agreed date. If the customer is not present on the agreed date or refuses acceptance, he will be in default of acceptance (see § 4 of these Terms and Conditions). If the proper delivery is confirmed by non-contractual, legally competent persons in the premises of the customer, this confirmation is binding for the customer.
(6) In the case of a first order, the delivery time may be slightly longer due to the first credit check to be carried out.
(7) Delivery days are working days excluding Saturdays.
§ 3 Terms of payment
(1) Our invoice must be paid within 30 days of the invoice date. If the customer defaults on payment or other services, we are entitled, without prejudice to other rights, to withhold our performance and delivery until the agreed consideration has been provided or to withdraw from the contract only after the expiry of a reasonable grace period of 14 days. In this case, the customer has already delivered goods back to us promptly at his expense or we pick them up again at the customer. The right to compensation for damages for devaluation, wear and other remains reserved.
(2) It is not possible to set off or withhold payment for counterclaims which we have denied and which have not been legally established.
(3) Check and bill of exchange payments require a special agreement prior to the conclusion of the transaction.
(4) In case of late payment the customer has to pay default interest in the amount of 10%.
§ 4 Default of acceptance
If the customer does not accept the goods on delivery on the agreed date or if the goods can not otherwise be delivered to the customer, he will be in default of acceptance. If this delay in acceptance lasts more than 5 weeks, we are entitled to set the customer a 14-day grace period for acceptance. If the customer does not meet his contractual obligations within this deadline, we have the right to store the goods with us at the risk of the customer, taking into account a storage fee of 2% of the invoice amount per commenced month and to insist on the fulfillment of the contract, or to withdraw from the contract and to resell the goods by hand and without further notification of the customer, in which case the customer has to pay a contractual penalty for the hired effort and a possible shortfall of 20% of the net purchase price plus value added tax. This penalty is payable with the declaration of withdrawal. Payments made are credited to the contractual penalty. Our right to assert any further damage remains unaffected.
§ 5 Retention of title
(1) All objects shall remain our sole and unlimited property until all obligations under the contract have been fulfilled (in particular until full payment of the purchase price).
(2) In the context of proper business transactions, our customer is entitled to process, transform or dispose of goods subject to this reservation. Claims arising from the resale, which the customer may collect subject to our revocation, are assigned to us as security. If the customer processes or transforms the reserved goods, this is done for us as supplier and manufacturer, but without any obligations for us. If our property goes under, the co-ownership of the property shall be transferred to us as a substitute.
(3) In the case of seizure of the goods delivered under retention of title, the customer is obliged to immediately take all measures to obtain the termination of the execution of these goods. The customer must also inform us before the seizure.
(4) The customer assures us to coat the reserved goods at all times access to his house. If the customer defaults on his payment obligations, if bankruptcy proceedings are applied for or opened against his assets or if he violates other contractual obligations, we are entitled to demand the return of the reserved goods and / or to collect them.
§ 6 Delivery delay and warranty
(1) A resignation of the customer due to delay in delivery is only permitted after fruitless expiration of a reasonable additional period to be set by the customer.
(2) The customer has to announce emerging defects as far as possible on delivery or becoming visible.
(3) If the customer is an entrepreneur in the sense of the Consumer Protection Act (KSchG), he has to inspect the delivered goods or services immediately after receipt for completeness, correctness and other defects and any defects immediately, but no later than 7 working days after receipt of the goods or performance, in the case of any other loss of all claims arising from a proper examination, to be notified in writing.
(4) As an entrepreneur, the customer can assert claims against the goods delivered (and assembled) by us only within 6 months from delivery or performance. He has to prove the defects and their presence at the handover.
(5) Instead of the coveted by the customer as an entrepreneur improvement (as well as rework or supplement of the missing) we can free ourselves from our obligation to perform by replacing the defective thing within a reasonable time. Instead of coveted exchange, we can improve (or improve or add something missing).
(6) We are not obligated to set warranty measures if the customer himself has intervened in the goods, which makes it difficult to restore a faultless item.
(7) If the customer is a consumer within the meaning of the KSchG, the statutory warranty provisions apply to him.
(8) The freedom from defects in the material (stainless steel, stainless steel, chrome steel) and the processing are guaranteed for our entire product range for a period of 5 years from delivery / assembly. This warranty does not apply to wearing parts and the usual wear of the goods.
§ 7 Liability
(1) We assume no liability for damages for whatever legal reason, in particular due to default, impossibility of performance, positive breach of contract, fault on conclusion of the contract, defect consequential damage, defects or tort, which due to slight negligence by us or persons for which we are responsible have to be caused. Customers who are entrepreneurs in the sense of the KSchG must prove the existence of gross negligence or intent. For contracts with consumers, damage to the person is excluded from this disclaimer. Our liability is limited in any case to the foreseeable, typically occurring damage.
(2) The timely execution of technical and safety checks in accordance with the applicable legal and technical standards are part of the customer's obligations.
§ 8 Privacy
(1) For the purpose of a proper commercial procedure, we allow us to store and process the personal and company-related data of our customers.
(2) By agreeing to the General Terms and Conditions of Business, the customer expressly agrees that the collection, processing and use of his personal and company-related data which he has made available to Regensburger Handels GmbH by Regensburger Handels GmbH for his own marketing purposes Customers can be done, inter alia, by setting up a customer file. In particular, the customer agrees that in the context of promotions of Regensburger Handels GmbH by fax, e-mail or comparable data transmission methods unsolicited offers are transmitted. This consent can be withdrawn by the customer at any time with effect for the future.
§ 9 Miscellaneous
(1) Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and those of the entire legal transaction. The ineffective condition is to be replaced by one which is the ineffective condition to be replaced by one which economically comes closest to the ineffective conditions.
(2) The General Terms and Conditions and any other parts of the contract subject to disputes arising from this contract shall be agreed upon by the competent court in Innsbruck.
(3) Changes and additions to these terms and conditions must be made in writing to be effective.
Your Regensburger Handels GmbH
Valid since 20.11.2009
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Liability for links:
Despite careful content control, we assume no liability for the content of external links. The content of the linked pages are the sole responsibility of their operators.
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Image sources / images:
Regensburger Handels Gmbh, shutterstock.com
Declaration of Information
If you contact us via the form on the website or by e-mail, your data will be stored for six months to process the request and in case of follow-up questions. We will not share this information without your consent.
We point out that for the purpose of simpler purchasing process and for subsequent contract processing by the web shop operator in the context of cookies, the IP data of the connection owner are stored, as well as the name, address and credit card number of the buyer.
In addition, the following data are also stored with us for the purpose of contract execution: [please complete data]. The data provided by you are required to fulfill the contract or to carry out pre-contractual measures. Without this data we can not conclude the contract with you. A transfer of data to third parties does not take place, with the exception of the transfer of the credit card data to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our tax advisor to fulfill our tax obligations.
After termination of the shopping process, the data stored with us will be deleted. In the case of a contract, all data from the contractual relationship are stored until the expiry of the tax retention period (7 years).
The data name, address, purchased goods and date of purchase are also stored until the end of product liability (10 years). Data processing takes place on the basis of the statutory provisions of § 96 (3) TKG and Art. 6 para. 1 lit a (consent) and / or lit b (necessary for fulfillment of the contract) of the GDPR.
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Disabling cookies may limit the functionality of our website.
Our website uses features of the web analytics service GOOGLE ANALYTICS. For this purpose, cookies are used that allow an analysis of the use of the website by your users. The information generated thereby is transmitted to the server of the provider and stored there.
You can prevent this by setting up your browser so that no cookies are stored.
We have concluded a corresponding contract data processing contract with the provider.
Your IP address is detected but pseudonymized immediately (e.g., by deleting the last 8 bits). As a result, only a rough localization is possible.
The data processing takes place on the basis of the legal regulations of the § 96 Abs 3 TKG as well as the art 6 Abs 1 a) (consent) and / or f (legitimate interest) of the DSGVO.
Our concern within the meaning of the DSGVO (legitimate interest) is the improvement of our offer and our website. Since the privacy of our users is important to us, the user data are pseudonymized [pseudonymization is recommended in the legal ground "legitimate interest"; this must be clarified with the web analysis service].
The user data is kept for a period of 3 months.
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In order to provide you with targeted information, we also collect and process information voluntarily given on areas of interest, birthday and postal code.
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In principle, you have the rights to information, correction, deletion, restriction, data portability, revocation and opposition. If you believe that the processing of your data violates data protection law or if your data protection claims have otherwise been violated in a way, you can complain to the supervisory authority. In Austria, this is the data protection authority.