General Terms and Conditions
Scope These General Terms and Conditions apply to all orders placed through our online shop at https://www.wharfedalegardens.com by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can mainly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, in concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These terms and conditions also apply to future business relationships with entrepreneurs without the need for us to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become an integral part of the contract if we have explicitly agreed to them in writing.
Contracting party, conclusion of contract The purchase contract is concluded with Mag. Markus Schlamadinger (hereinafter referred to as "seller").
Orders in the online shop can only be placed via the interface set up on https://www.wharfedalegardens.com and only in German and English. Before placing an order, the customer must provide their name, address, telephone number and email address at the designated location in the online shop, from which they can receive, read, save and print emails from the seller.
By placing an order in the online shop, the customer makes a binding contract offer. The seller will confirm receipt of the order by email, but this confirmation does not constitute acceptance of the contract offer. The contract only comes into effect upon shipment of the ordered goods.
The seller will only save the order if the customer logs in to the website and provides their information. In this case, we will save the contract text and send you the order details by email. You can view the terms and conditions at any time here. You can view past orders in your customer account. The customer is obligated to inform of changes to their residence or business address until the contractual legal transaction has been fully fulfilled by both parties. If notification is omitted, statements will be deemed to have been received if sent to the last address provided.
You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.
Youth protection regulations Our products are subject to youth protection laws, which means that a sale and contractual relationship is only possible with persons who have reached the age of 18.
By placing an order, you assure that you have reached the corresponding minimum age and have completed all information in an orderly and truthful manner, and that the receipt of the goods will only be made by appropriate persons (having reached the minimum age and authorized).
Delivery conditions In addition to the stated product prices, shipping costs will also be added. You can find more information about the amount of shipping costs in the offers.
We do not deliver to package stations.
Payment The following payment methods are available to you in our shop:
If you choose the payment method advance payment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
The charge to your credit card will be made at the time of the order.
You pay the invoice amount through the online provider PayPal. You generally have to register there or register first, legitimize yourself with your access data and confirm the payment instruction to us. You will receive further information during the ordering process.
Right of withdrawal Consumers have the statutory right of withdrawal as described in the revocation instruction (see below). No voluntary right of withdrawal is granted to entrepreneurs.
Retention of title The goods remain the property of the seller until full payment is made. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. In the case of a return of goods, we are entitled to charge any resulting transport and handling costs. In the event of access by third parties to the reserved goods - in particular through seizures - the customer undertakes to indicate our property and to inform us immediately. If the customer is a consumer or not a merchant whose ordinary business activity includes the trade in goods purchased from us, he may not dispose of the reserved goods until the full payment of the open purchase price, in particular he may not sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular the risk of loss or deterioration. For entrepreneurs, the following applies in addition: We retain ownership of the goods until full payment of all claims from an ongoing business relationship. You are entitled to resell the reserved goods in the ordinary course of business; however, all claims arising from this resale - regardless of whether the reserved goods are connected or mixed with a new item - are assigned to us in advance in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, however, we may also collect the claims ourselves if you do not meet your payment obligations.
Transport damages For consumers, if goods are delivered with obvious transport damage, please report such damage to the delivery agent immediately and contact us as soon as possible.
The failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurer.
For entrepreneurs, the risk of accidental loss and accidental deterioration passes to you as soon as we deliver the goods to the freight forwarder, carrier or other person or institution designated to execute the shipment. Under the German Commercial Code, merchants are subject to a duty to examine and give notice of defects. If you fail to give notice in accordance with § 377 of the German Commercial Code, the goods shall be deemed approved, unless the defect could not have been detected during the examination. This shall not apply if we have fraudulently concealed a defect.
Warranty and Guarantees When shipping goods, the risk of loss or damage to the goods only passes to the consumer once the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself has concluded the carriage contract without using a choice proposed by us, the risk shall pass to the consumer upon delivery of the goods to the carrier.
The seller is liable for defects in the goods at the time of delivery according to the legal regulations. Legal time limits apply for the enforcement of warranty claims. In the case of justified complaints, either a free replacement or improvement will be made, for which a reasonable time limit will be granted. If a replacement or improvement is not possible (not possible, too much effort, unreasonable, delay), the buyer is entitled to a reduction of the purchase price or, if the defect is not minor, to the rescission of the contract (conversion). Any defects that occur must be reported as soon as possible, ideally at the time of delivery or when they become visible. If the purchase is a business transaction for the customer (B2B), the customer must examine the goods within 2 weeks of receipt and notify us immediately of any defects found.
The seller is liable only for damages caused by intent or gross negligence. This does not apply to personal injury or in consumer transactions. In business transactions, the injured party must prove the existence of slight or gross negligence. The compensation for (defect) consequential damages, as well as other property damages, financial damages and damages to third parties against the customer, unless it is a consumer transaction, is excluded. Our company as operator of the web shop mentioned in the imprint provides the services with the greatest care, but is not liable for services provided or obtained by third parties. The guarantee is issued by the manufacturer and is subject to the manufacturer's terms and conditions.
By making use of the warranty, the statutory warranty is not limited.
Liability Damage claims against the seller in connection with the use of this website and in connection with legal transactions with the seller are excluded, unless it is a personal injury or the seller or a person for whom the seller is responsible has intentionally or grossly negligently caused the damage. All information has been carefully prepared, but we cannot completely exclude errors or typographical errors.
Final provisions For contracts with companies, the court with jurisdiction over the place of business of the seller in Graz is exclusively agreed as the place of jurisdiction. For contracts with consumers from a Member State of the EU, the consumer has the choice between his place of residence and the place of jurisdiction at the seat of the company. The contracting parties agree, unless mandatory statutory provisions apply to the contrary, the applicability of Austrian law. The UN Sales Law and all provisions relating to the UN Sales Law as well as other international reference norms are expressly excluded. For consumers within the EU, their national mandatory consumer protection regulations apply, unless the respective Austrian regulations are more favorable for the consumer.
The place of fulfillment for all obligations arising from the contract is agreed to be Graz.
The invalidity of a single provision of this contract does not result in the invalidity of the entire contract. The remaining content of the contract remains unchanged. Illustrations may differ from the original due to technical problems or changes by suppliers, or for other reasons. This website provides information on products and services of the seller.