General terms and conditions of business

of Herr und Frau Klein GmbH, A-1070 Vienna for business with consumers

1. Validity of the General Terms and Conditions
Deliveries and services of Herr und Frau Klein GmbH to consumers are carried out exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order. Deviating regulations only become effective if they have been agreed in writing. The GTC of Herr und Frau Klein GmbH also apply to future orders from the customer, even if they are not expressly agreed again; the current version of the GTC at the time of the future order is decisive. The customer can view, download and print the currently valid version of the GTC on the Herr und Frau Klein GmbH website.

2. Conclusion of contract
2.1 The contracting parties are the customer and Herr und Frau Klein GmbH, Kirchengasse 7, 1070 Vienna, Austria. The contract, order and business language is German.
2.2 The offers on the Herr und Frau Klein GmbH website are a non-binding invitation to the customer to order goods. By ordering goods, the customer makes a binding offer. The order can be placed by filling out and submitting the online form on the Internet, by email or by post. The customer's offer becomes effective as soon as the order is received by Herr und Frau Klein GmbH.
2.3 Herr und Frau Klein GmbH can accept an offer within 7 working days of receipt. If the deadline expires without being used, an offer is deemed to have been rejected. Acceptance occurs by sending an order confirmation or by sending the ordered goods. The shipping date is decisive for compliance with the acceptance deadline. Order confirmations can also be sent by email.

3. Quality of the purchased item
The quality of the purchased item underlying the contract arises exclusively from the manufacturer's information. Deviations must be agreed in writing.

4. Prices and payment terms
4.1 The prices quoted include all taxes and duties. Costs for packaging and shipping are invoiced separately. All information is in euros (EUR), unless otherwise indicated.
4.2 The prices valid at the time of the order are always decisive. When the Herr und Frau Klein GmbH website is updated, all previous prices and information about goods become invalid. There are separate costs for packaging, shipping and insurance. Please see the "Shipping" section in our shop (www.herrundfrauklein.com).
4.3 Customers pay by sofortüberweisung.de or PayPal payment.

5. Withdrawal from the contract
5.1 The customer can withdraw from his contract within 14 calendar days without giving reasons in writing (e.g. letter, e-mail) or by returning the goods. The withdrawal period for contracts for the delivery of goods begins with the delivery of the goods to the consumer. To meet the withdrawal period, it is sufficient to send the withdrawal declaration or the goods in good time.
5.2 Notices of withdrawal must be sent exclusively to
Herr und Frau Klein GmbH, Kirchengasse 7A, 1070 Vienna, Austria, email: shop@herrundfrauklein.com
Goods must be sent to the following address:
Herr und Frau Klein GmbH, Neubaugasse 27, Hof 3, 1070 Vienna, Austria
5.3 The right of withdrawal does not apply
1. to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the customer's personal needs; 2. to contracts for goods that are not suitable for return due to their nature; 3. to contracts for the delivery of audio or video recordings or software if the data carriers supplied have been unsealed by the consumer; 4. in all other cases regulated by law.
5.4 If a customer withdraws from the contract, he must return any goods already delivered to Herr und Frau Klein GmbH immediately, but no later than within 14 days, at his own risk. The return address is:
Herr und Frau Klein GmbH, Neubaugasse 27, Hof 3, 1070 Vienna, Austria
The return is at the customer's risk and expense. If the return of the goods is impossible or impractical, the customer must reimburse Herr und Frau Klein GmbH for the value of the goods, provided that he sees a clear and predominant benefit from the goods. If he has used the goods, he also owes Herr und Frau Klein GmbH an appropriate fee for the use and compensation for the reduction in value that has occurred due to the use. In the event of withdrawal from the contract, Herr und Frau Klein GmbH will reimburse the customer for any payments already made in return for the return of the goods.

6. Delivery conditions
6.1 Deliveries are made to the delivery address provided by the customer.
6.2 The delivery period is shown in the electronic catalog. Information about delivery periods is non-binding unless, in exceptional cases, a delivery date has been confirmed in writing.
6.3 All deliveries are subject to the condition that Herr und Frau Klein GmbH itself receives timely and proper deliveries from the retailer of its choice. If a product ordered by the customer is not available for reasons for which Herr und Frau Klein GmbH is not responsible, Herr und Frau Klein GmbH will inform the customer immediately. In this case, the customer has the right to withdraw from the contract. If the customer does not withdraw, Herr und Frau Klein GmbH can deliver a product of equivalent quality and price instead of the ordered product or withdraw from the contract itself. If the customer or Herr und Frau Klein GmbH withdraws from the contract, Herr und Frau Klein GmbH will immediately refund any payments already made to the customer.
6.4 If Herr und Frau Klein GmbH is late in delivering for reasons for which it is responsible, or if delivery becomes impossible for such reasons, without Herr und Frau Klein GmbH being guilty of intent or gross negligence, Herr und Frau Klein GmbH is not liable for damages. Other claims by the customer remain unaffected. The customer can withdraw from the contract, in particular by setting a reasonable grace period.
6.5 In the event of delays in delivery for which Herr und Frau Klein GmbH is not responsible (force majeure, fault of third parties, etc.), the delivery period will be extended accordingly. The customer will be informed of this immediately. If the reasons for the delay last longer than 4 weeks after the contract has been concluded, each party is entitled to withdraw from the contract.

7. Default in payment, reminder, retention of title
7.1 If the consumer defaults on payment, the default interest rate is 4% per year. The statutory default interest rate for business transactions is 8% (annually) above the base interest rate. The base interest rate can be found on the ÖNB website (www.oenb.at).
7.2 Reminder and collection fees: In the event of default, even if the default in payment is not our fault, the contractual partner undertakes to reimburse us for the reminder and collection fees to the extent that they are necessary for appropriate legal action and are reasonable in relation to the claim, whereby he undertakes in particular to reimburse us for the costs incurred in the event of a debt collection agency being called in, provided that these do not exceed the maximum rates of the fees due to debt collection agencies according to the BMWA regulation. If we carry out the dunning process ourselves, the debtor undertakes to pay an amount of EUR 15 for each reminder issued and an amount of EUR 5 per half year for keeping records of the debt relationship in the dunning process.
7.3 The ordered goods remain the property of Herr und Frau Klein GmbH until full payment has been made.
7.4 Before the transfer of ownership, disposal of the goods (resale, rental, pledging, transfer of ownership as security, processing, modification, etc.) is not permitted without the express consent of Herr und Frau Klein GmbH.

8. Transport damage; customer's obligation to inspect and give notice of defects
8.1 If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the freight forwarder/freight service and refuse acceptance. In addition, Herr und Frau Klein GmbH must be contacted immediately.
8.2 Hidden defects must be reported to Herr und Frau Klein GmbH immediately after they are discovered.
8.3 Fulfillment of the obligations in accordance with 8.1 and 8.2 has no influence on the customer's warranty claims.

9. Warranty
9.1 The customer's warranty claims against Herr und Frau Klein GmbH in the event of defects in the goods delivered are governed by the statutory provisions, unless deviations arise from the following regulations. The warranty period ends 24 months after delivery.
9.2 Damage caused by improper or contractually-contravening measures taken by the customer during installation, connection, operation or storage of the goods does not constitute grounds for a claim against Herr und Frau Klein GmbH. The improperness and breach of contract are determined in particular by the manufacturer's information.

10. Liability
10.1 Mr. and Mrs. Klein GmbH is only liable for material damage if Mr. and Mrs. Klein GmbH or its vicarious agents caused it intentionally or through gross negligence. Mr. and Mrs. Klein GmbH is liable for personal injury if it is caused culpably by Mr. and Mrs. Klein GmbH or its vicarious agents.

11. Prohibition of offsetting and retention
11.1 The customer is not entitled to offset their own claims against claims of Mr. and Mrs. Klein GmbH unless
1. the customer's claims have been recognized by Mr. and Mrs. Klein GmbH or have been legally established by a court or 2. the customer's claims have their legal basis in the same legal transaction as the claims of Mr. and Mrs. Klein GmbH or 3. Mr. and Mrs. Klein GmbH is insolvent.
11.2 The customer is not entitled to withhold payments due to their own claims against Herr und Frau Klein GmbH, unless
1. Herr und Frau Klein GmbH does not provide its services from the same business or does not do so properly or 2. the provision of the service by Herr und Frau Klein GmbH from the same business is at risk due to the poor financial situation of Herr und Frau Klein GmbH.

12. Data protection
12.1 Data processing is carried out in accordance with the statutory provisions. Customer data is processed for contract performance, delivery and accounting.
12.2 Customer data is only collected, processed, used and forwarded to commissioned partners insofar as this is necessary for the establishment and implementation of the purchase contract and the further business relationship between the customer and Herr und Frau Klein GmbH. The customer can object to this data use to Herr und Frau Klein GmbH due to the violation of predominantly legitimate confidentiality interests arising from his particular situation. All of our vicarious agents are obliged to comply with the data protection law.

13. Invalid clauses
13.1 If one or more provisions of these terms and conditions are invalid, this does not result in the invalidity of the entire contract. The invalid provision will be replaced by the relevant statutory provision.

14. Place of jurisdiction and applicable law
14.1 The statutory places of jurisdiction apply. The court in whose district the consumer's place of residence, habitual abode or place of employment is located is therefore responsible.
14.2 These terms and conditions and the contracts concluded under these terms and conditions are subject to Austrian substantive law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

15. Copyright notice
The contents of this homepage (texts, images, graphics and all content unless otherwise stated) are expressly protected by copyright. It is expressly pointed out that for use beyond personal use (publication, reproduction, forwarding to third parties, printing in media), the consent of Herr und Frau Klein GmbH must be obtained by e-mail or in letter form (copyright). We expressly distance ourselves from all content on all pages linked from our website and accept no liability for the factual accuracy of the contributions and content and opinions of linked sites or any economic or legal consequences resulting from them.

16. Complaints procedure
According to the GDPR, you have the right to information, revocation, deletion and correction of your data. For inquiries in this regard, please contact: datenschutz@herrundfrauklein.at
Further information on data protection can be found at the Austrian Data Protection Authority: https://www.dsb.gv.at/
The European Commission also provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

As of: February 2018