E-COMMERCE TERMS AND CONDITIONS
Effective as of October 2024
1. Scope
1.1. The following General Terms and Conditions (“GTC”) apply to all sales contracts between WINTERSTEIGER Dry & Protect GmbH (hereinafter “the Company” or “we”) and a consumer or business customer (hereinafter “the Contracting Party”) in the version valid at the time the order is placed in the online store. If a distinction between us as a business and our corporate customers is necessary, the latter are hereinafter referred to as “B2B Contracting Parties.” Provisions in these GTC intended for “B2B Contracting Parties” are identified as such and do not apply to consumers.
1.2. You may also access or save the Terms and Conditions at any time at https://documents.wintersteiger.com/de/juristische-dokumente. The Terms and Conditions must be accepted separately during the ordering process before the legal transaction is concluded.
1.3. Any terms and conditions of the contracting party are expressly rejected and shall apply only if we expressly confirm them in writing.
2. Formation of a Contract, Storage of the Contract Text
2.1. The following provisions regarding the conclusion of a contract apply to orders placed through our online store on the website https://store.wintersteiger.com/dry-protect/AT/de/.
2.2. If a contract is concluded, it is entered into with WINTERSTEIGER Dry & Protect GmbH.
2.3. The presentation of goods in our online store does not constitute a legally binding offer to enter into a contract, but merely invites prospective buyers to place an order without obligation. By ordering the desired goods, the prospective buyer submits a legally binding offer to conclude a purchase contract. This offer must first be accepted by the seller for the contract to be concluded.
2.4. The prospective buyer submits a binding offer to enter into a contract by fully and successfully completing the ordering process provided by us in our online store.
Placing an order through the online store involves the following technical steps:
- Click “Shop” on the home page
- Select the product
- Add the product to the shopping cart by clicking “Add to Cart”
- Review the shopping cart
- Click the “Proceed to Checkout” button
- Enter your address and payment information
- Review and correct the entered data
- Submit the binding order by clicking the “Place Order” button
2.5. Before submitting the order, the contracting party may review the entered data and correct any input errors at any time by clicking the “Back” and “Next” buttons. Closing the web browser will cancel the ordering process.
2.6. We will immediately confirm receipt of the order via an automatically generated email (“Order Confirmation”).
2.7. After receiving your order, we will send you the order details, the contract text, and our Terms and Conditions via email. For security reasons, this contract text is no longer accessible via the Internet, but we store it electronically.
2.8. The contract is concluded upon transmission of an order confirmation, but no later than upon shipment of the ordered goods or provision of the service.
2.9. If, for any reason, we are unable to fulfill your order, you will be notified via email.
3. Prices, Shipping Costs, Payment
3.1. The prices listed are in euros and include the applicable sales tax and other price components. Any shipping costs, as well as customs duties or other import charges, are added separately. Shipping costs are generally to be borne by the contracting party. Shipping costs can be viewed via a corresponding button in our online store or in the respective offer and are shown separately.
3.2. The contracting party may pay by credit card, SEPA direct debit, or EPS.
3.3. The amount shown on the invoice is due immediately. Discounts require a separate agreement.
3.4. Regardless of the payment method, the contracting party is obligated to pay the invoice amount shown on the invoice no later than 14 days after receipt of the invoice, unless the invoice specifies a different payment term. Payments by the contracting party are not considered made until they are credited to our business account. This does not apply if the contracting party is a consumer.
4. Delivery
4.1. The ordered goods are typically delivered by mail.
4.2. Delivery takes place on the agreed-upon delivery date or within the agreed-upon performance period; otherwise, within 30 days for consumers. The delivery period begins on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday, or public holiday at the place of delivery, the period ends on the next business day.
4.3. Delivery may be delayed for goods that must be custom-made. The contracting party will be informed of the planned delivery date. The delivery period may be extended in the event of unforeseen circumstances or circumstances beyond the parties’ control, such as force majeure, transportation delays, strikes, government measures, etc. The delivery period is also extended if the contracting party fails to fulfill its obligations necessary for performance in a timely manner.
4.4. Unless otherwise agreed, the seller is entitled to make partial deliveries.
4.5. In the case of a sale by delivery, the risk of accidental loss and accidental deterioration of the goods passes from us to the contracting party upon handover to the person entrusted with the shipment. If shipment is delayed despite the goods being ready for shipment for reasons attributable to the buyer, the transfer of risk occurs upon notification that the goods are ready for shipment. If the contracting party is a consumer, the transfer of risk occurs only upon delivery of the goods to the consumer or to a third party designated by the consumer who is not the carrier.
4.6. If a package is visibly damaged upon delivery, the contracting party must insist that the delivery agent document this fact in writing. The contracting party must notify us in writing (by mail or email) of any damage to a product within 7 (seven) days. If a consumer fails to meet this deadline, this shall have no legal implications for the warranty.
5. Retention of Title
We reserve ownership of the goods until the purchase price has been paid in full.
6. Consumer’s Right of Withdrawal
If the contracting party is a consumer, they have the right to cancel.
6.1. Cancellation Policy
Right to Cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of withdrawal, you must notify us (WINTERSTEIGER Dry & Protect GmbH, Staudenstr. 34, A-6844 Altach, Austria, Tel.: +43 5576 76363, Email: dry-protect@wintersteiger.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, fax, phone, or email). You may use the attached model withdrawal form for this purpose, although this is not required. You may also find the model withdrawal form or submit another unambiguous statement on our website [https://store.wintersteiger.com/dry-protect/AT/de/footer-dry-protect/d-p-informationen/widerrufsformular/] and submit it electronically. If you make use of this option, we will immediately send you (e.g., via email) a confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send the notice of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you mail the goods before the fourteen-day period expires. For goods that, due to their nature, cannot be returned by regular mail, we will pick up the goods. The consumer bears the direct costs of the return shipment. The amount of these costs is limited to the original shipping costs paid. You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
End of the Cancellation Policy
6.2. Exceptions to the Right of Withdrawal
There is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
7. Warranty
7.1. For consumers, the mandatory statutory warranty provisions apply; in particular, the warranty period is two years for movable goods and one year for used goods. For B2B contracting parties, the warranty period is six months.
7.2. Minor changes or other changes to our performance or delivery obligations that are reasonable for the contracting party are deemed approved in advance. Changes to the agreed-upon services or objective requirements are deemed reasonable for the contracting party and do not constitute a defect if the changes are minor and objectively justified. In particular, changes due to material properties (e.g., in dimensions, colors, etc.) are considered objectively justified and reasonable.
7.3. If the contracting party, as a consumer, wishes to enter into the contract for a specific purpose, this purpose must be communicated to us no later than at the time the contract is concluded. For a contractually warranted characteristic within the meaning of Section 5(2) of the German Consumer Contract Act (VGG) to arise, we must consent to this request. An automatically generated message, such as an order confirmation or acknowledgment of receipt, does not constitute consent. Nor does the automated activation of digital services constitute consent on our part to the intended use. The contract is concluded as described in Section 2.
7.4. The photographs contained in a product description are for illustrative purposes only. Due to the uniqueness of the products or the materials used, there may be color variations or minor size differences between the actual product and its image on the Internet; however, these do not entitle the contracting party to file a complaint regarding defects.
7.5. A defect does not exist if faults in the goods arise due to improper use or use contrary to their intended purpose. In particular, the manufacturer’s instructions must be followed to ensure proper and intended use.
7.6. With respect to B2B contracting parties, the presumption of defectiveness pursuant to § 924 ABGB (statutory reversal of the burden of proof), the right of recourse under § 933b ABGB, and the obligation to update digital products under § 7 VGG are excluded.
8. Damages
8.1. The limitations of liability set forth in this Section 8 apply only to B2B contracting parties and do not apply to personal injury or consumers.
8.2. To the extent that we are liable to B2B contracting parties for damages, we are liable only for willful misconduct and gross negligence. In the event of a breach of essential contractual obligations (cardinal obligations), the business is also liable in cases of slight negligence. Essential contractual obligations are those obligations that make the fulfillment and proper performance of the contract possible in the first place and on whose compliance a contracting party may regularly rely (e.g., delivery of goods or services owed under the contract).
8.3. Our liability for indirect damages, consequential damages, or lost profits toward B2B contracting parties is excluded, unless such damages were caused by intentional or grossly negligent conduct.
8.4. For B2B contracting parties, the amount of our liability is limited to the specific contractual consideration.
8.5. We assume no liability for the timeliness, accuracy, completeness, or content of the information provided.
8.6. We assume no liability for delayed delivery resulting from circumstances beyond our control (e.g., delayed production by the designer for one-of-a-kind items, strikes, or force majeure in the form of weather events).
8.7. We are not liable for any allergies or intolerances the contracting party may have to any component of the raw materials used in our products. An allergy or intolerance on the part of the contracting party does not entitle the contracting party to file a complaint.
8.8. Our B2B contracting party may no longer assert claims for damages after the expiration of six months from the time the damage became known or could have been known.
9. Set-off, Retention of Title
9.1. The right to set off against our claims is excluded. However, if the contracting party is a consumer, they are entitled to set off their obligations against our claims in the event of our insolvency or for counterclaims that are legally related to the consumer’s obligation and have been established by a court or acknowledged by us.
9.2. The B2B contracting party has no right of retention.
10. Reduction by More Than Half
The right to rescind the contract due to a reduction by more than half pursuant to § 934 ABGB (laesio enormis) is excluded for B2B contracting parties.
11. Governing Law, Jurisdiction, Place of Performance, Written Form
11.1. Austrian law shall apply exclusively, to the exclusion of conflict-of-laws and referral provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law applies with the exception of the mandatory provisions of the law of the consumer’s habitual residence.
11.2. The exclusive place of jurisdiction for disputes arising out of or in connection with the contract or these General Terms and Conditions between the contracting party and us is the court with subject-matter jurisdiction in Ried im Innkreis. This does not apply to the places of jurisdiction for consumers mandated by law.
11.3. The place of performance is the registered office of WINTERSTEIGER Dry & Protect GmbH.
11.4. Any amendments or additions to this contract must be made in writing. This also applies to ancillary agreements and subsequent contract amendments, as well as to any waiver of the written form requirement.
12. Contract Language
The contract language is German, unless another language is expressly agreed upon in writing or is required by law.
13. Data Protection
The applicable data protection regulations, in particular the GDPR, are observed. Our privacy policy and further information can be found on our website at https://store.wintersteiger.com/dry-protect/AT/de/footer-dry-protect/d-p-informationen/datenschutz/.
14. Severability Clause
Should individual provisions of a contract with a B2B contracting party, including these General Terms and Conditions, be or become invalid, this shall not affect the validity of the remaining provisions, provided that the essential purpose of the contract can still be fulfilled even after the invalid provision is removed.