General Terms and Conditions
General Terms and Conditions of A.Pieringer Ges.m.b.H. Onlineshop www.ap.co.at, www.ap.works, www.ap.cool.
Valid as of November 2018
Voluntary Code of Conduct: www.guetezeichen.at
Imprint
Our company, named in the imprint, operates the virtual shop “www.ap.co.at, www.ap.works, www.ap.cool”
A.Pieringer Gesellschaft. m. b. H. (A. Pieringer Ges.m.b.H. | A. Pieringer GmbH. | A.Pieringer)
Managing Director: Erwin Pieringer
Obere Hauptstraße 68, 2141 Ameis, Austria
Phone: +43 2524 20395
E-Mail: [email protected]
Customer service: Monday - Friday from 9:00 a.m. to 4:00 p.m.
Information, data requests and complaints at: [email protected]
Address of management: “See above address!”
Regulations: Trade regulations
(https://www.wko.at/service/dienststelle.html?orgid=15166)
Trade description: e.g. mail order, internet and general trade
Member of the Austrian Federal Economic Chamber, mail order, internet and general trade
Job title/company purpose: general trade, Austria Voluntary code of conduct: www.guetezeichen.at
VAT registration number: ATU14787809
Company register entry/company register no.: FN 112016 f Company register court: Korneuburg Regional Court Commercial court: Korneuburg Regional Court
The contract language is German, all translations are created using an AI, which can make mistakes. If the company field is filled out, you are a company for us, so not a B2C customer and no right of withdrawal, information requirements, warranty may be limited, contract protection, returns only by agreement. Any customer who purchases with a VAT number is a company. Delivery times: For consumers (B2C): The estimated delivery time is indicated during the ordering process and is non-binding. For entrepreneurs (B2B): Delivery times are only approximate and may be affected by unforeseen events. Claims for damages due to late delivery are excluded. Entrepreneurs are responsible for ensuring that the products are suitable for their purposes.
1. General
The general terms and conditions apply to the sale and delivery of goods and the provision of services by our company. Our company
delivers the goods and provides the services within Austria, the EU and worldwide. By clicking the checkbox in the shopping cart before placing the order “I accept the Terms and Conditions (I have read and accepted the Terms and Conditions).” App - Mobilapp no matter if PWA or native app: With your order you agree to our privacy policy, terms and conditions and revocation instruction - Click NOW BUY the buyer agrees to these terms and conditions and is bound by them.
Our range of offers is non-binding. The order of the legally competent customer
(persons aged 18 years or older) constitutes an offer to conclude a purchase contract. The subsequent confirmation of receipt of the order sent by us in the sense of § 10 para. 2
ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded when we deliver the ordered goods. All offers on our website are subject to change, non-binding and only available while stocks last.
2. Order process, order correction, order cancellation
Once you have selected the desired product, you can place it in the shopping cart without obligation by clicking the button. You can view the contents of the shopping cart at any time by clicking on the button. You can remove products from the shopping cart at any time. If you want to buy the products in the shopping cart, click the button “Go to Checkout”. Please then enter your data. When placing your first order, you can register as a “new user” but this is not necessary. You can also order as a guest. For further orders, it is sufficient to enter the login and password specified by the user during initial registration. Your data is transmitted in encrypted form. After entering your data and selecting the type of payment and delivery, you can order the button BUY NOW – Mobilapp BUY is ordered, that is, subject to payment.
Immediately after your registration, you will receive your access data by email. Please change the password immediately after this email: “Welcome, ... ...”
We store the contract text and send you the order confirmation by e-mail. You can view and change your personal data at any time by logging in.
3. Contract language
The content of the contract, all other information, customer service, data information and complaint handling are offered in German.
4. Prices
The prices are valid at the time of the order including VAT plus all expenses incurred with the shipment. They are visible in the shopping cart before the contract is concluded and afterwards in a contract confirmation sent to the customer. If export or import duties are due in the course of the shipment, these are also charged to the customer (information on this can be obtained from your local customs office).
5. Right of withdrawal
Specimen withdrawal form as PDF via link
Consumers as defined by the Consumer Protection Act have the right to withdraw from this contract within fourteen days without stating any reasons.
The withdrawal period will expire after
1. in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium fourteen days from the date of the conclusion of the contract.
2. in the case of a sales contract, fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
3. in the case of a contract for multiple goods that the consumer has ordered as part of a single order and that are delivered separately, fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the last good.
4. in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.
5. in the case of a contract for regular delivery of goods over a specified period, fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the first goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by providing us with your name, address and telephone number, fax number and e-mail address in a clear statement (e.g. a letter sent by post or an e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. In the case of sales contracts in which we did not offer to collect the goods ourselves in the event of revocation, we may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
If you have received goods in connection with the contract, you must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the immediate costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If you have requested that the services should begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.
If the customer is an entrepreneur, revocation is completely excluded.
Tips for a smooth return process
Please return the item to us in its original packaging if possible.
If you only wish to return one item from the delivery, but have ordered further items that you now wish to pay for by invoice, simply deduct the item you have returned from the invoice amount. If you pay by direct debit, the price of the returned item will automatically not be charged.
Return shipping at the expense of the buyer. In the case of unfree returns, the costs will be deducted from the repayment amount.
The consumer has no right of withdrawal for contracts for
1. services if the entrepreneur – based on an express request by the consumer in accordance with Section 10 FAGG and a confirmation by the
consumer's knowledge of the loss of the right of withdrawal in the event of full performance of the contract – had begun providing the service before the expiry of the withdrawal period in accordance with Section 11 FAGG and the service was then provided in full,
2. goods or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period,
3. goods that are made according to customer specifications or clearly tailored to personal needs,
4. goods that can spoil quickly or whose expiration date would be quickly exceeded, 5. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
5. goods that, due to their nature, have been inseparably mixed with other goods after delivery,
6. alcoholic beverages whose price was agreed at the time of the conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
7. audio or video recordings or computer software delivered in a sealed package, if the seal has been removed after delivery,
8. newspapers, periodicals or magazines, with the exception of subscription contracts for
the delivery of such publications,
9. services in the areas of accommodation for purposes other than living, transportation of goods, rental of motor vehicles, as well as the delivery of food and beverages and services provided in connection with leisure activities, provided that a specific point in time or period of time is contractually stipulated for the fulfillment of the contract by the entrepreneur,
10. the delivery of digital content not stored on a physical data carrier, if the trader – with the express consent of the consumer, combined with the consumer's acknowledgement of the loss of the right of withdrawal in the event of premature commencement of performance, and after providing a confirmation in accordance with Section 7 (3) FAGG – has commenced delivery before the expiry of the withdrawal period in accordance with Section 11 FAGG,
11. urgent repair or maintenance work where the consumer
has expressly requested the trader to visit in order to carry out such work. If, during such a visit, the trader provides further
services that the consumer has not expressly requested, or supplies goods that are not absolutely necessary as spare parts for the maintenance or repair, the consumer shall have the right of withdrawal with respect to these additional services or goods.
12. Special orders and factory orders and also custom-made products from China. Products that are assembled or put together by selection.
13. B2B companies, customers with VAT registration number, corporations or commercial customers of any kind.
14. If you pick up your order at the store, you can only make a reservation online; the purchase contract is only concluded in the store. In this case, there is no statutory right of withdrawal.
Finally, the consumer has no right of withdrawal for contracts concluded at a public auction.
6. Payment
Please visit the PayPal, Skrill and Stripe homepages. These three PayPal, Skrill and Stripe are the interface for payment. Except for advance payment, a bank transfer is possible.
Credit card (Eurocard/MasterCard, Visa, American Express...)
When paying by credit card, the charge is made on the same day. When paying by credit card, the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted using SSL encryption with a minimum 128-bit key and is therefore not visible to unauthorized persons. Further information can be found here: Insert a link to the PayPal, Skrill or Stripe FAQ, security or data protection page on your homepage! PayPal, Skrill, Stripe
Bank transfer – prepayment
When paying by bank transfer, the customer must make the payment within one week of receiving the order confirmation. Delivery will only take place after payment has been received. Please note the delivery time, external warehouse – factory order, delivery time may apply.
PayPal
You can use PayPal to make cashless payments to us. If you choose this payment method, you will be redirected to PayPal to make the payment. If you already have a PayPal account, you can sign in with your account details and make the payment. If you are new to PayPal, you can create a free user account by entering your bank or credit card details. You then pay by entering your e-mail address and a password, and you will receive a payment confirmation by e-mail. Your order will then be processed immediately. Further information can be found here: insert link to FAQ, security or data protection!
Klarna
When paying by Klarna, online banking access is required. You will be redirected to Klarna for the payment. You must provide your name, email address and, if applicable, your address. Further information can be found here: insert a link to the FAQ, security or data protection! Stripe
Cash on delivery – Bank transfer
paybox.at – Skrill
paysafecard.com – Skrill
7. Default of payment
In the event of default of payment on the part of the customer, we are entitled to claim the statutory default interest.
The statutory default interest between consumers and entrepreneurs is 4 percentage points.
8. Dunning and collection charges
The contracting party undertakes, in the event of default, even if the default in payment was not their fault, to reimburse us for the dunning and collection charges to which we are entitled, insofar as they are necessary for the appropriate legal prosecution and are reasonable in relation to the claim,
whereby they specifically undertake, in the event of the involvement of a collection agency, to reimburse us for the costs incurred by us as a result, insofar as these do not exceed the
maximum rates of the collection agencies' fees. If we have pursued the dunning procedure ourselves, the debtor is obliged to pay a sum of EUR 12 per reminder, as well as a sum of EUR 5 per half-year for keeping the debt in the dunning procedure.
9. Default of acceptance
In the event of default of acceptance on the part of customers who have placed orders as entrepreneurs, we are entitled to store the goods on our premises, for which we will charge a storage fee of EUR 0.1 per calendar day or part thereof. At the same time, we insist on fulfillment of the contract.
10. Retention of title
We retain ownership of the delivered service or goods and/or the media processed or created by us until all payments arising from the business relationship with the customer have been received. If the customer resells goods subject to retention of title, they must also pass on the retention of title. The customer must immediately notify us of any third-party access to our goods subject to retention of title. Pledging, transfers of ownership by way of security and similar of the goods subject to retention of title are only permitted with our prior consent. If, in the event of default in payment, payment is not made immediately after a reminder, our goods subject to retention of title must be surrendered immediately. The costs of taking back the goods shall be borne by the customer.
11. Data protection
The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions (DSGVO, TKG 2003). This data protection declaration serves to provide information about the type, scope and purposes of the collection and processing of your data.
We, A. Pieringer Ges.m.b.H., are responsible for data processing in accordance with data protection laws. If you have any questions regarding the collection, processing or use of your personal data, please contact us in writing at:
Erwin Pieringer, Obere Hauptstraße 68, 2141 Ameis, [email protected], phone +43 664 4010343
Collection and processing of your data
As part of your order, your newsletter subscription or your visit to our website, we collect and process certain personal data about you. The type, scope and purposes of this data processing are described below.
Order
As part of your order, we process the data you provide: first name, last name, (company), e-mail addresses, street, postcode, city, telephone number, (age), username and password.
The data necessary for the processing of payments via PayPal, Skrill, Shopgate powered Adyen, CoinGate will be passed on to our payment partner PayPal, Skrill, Shopgate powered Adyen, CoinGate (www.paypal.at, www.skrill.com, www.shopgate.com/de/, www.adyen.com, https://coingate.com/) or you will be redirected to the website of our payment partner PayPal , Skrill, Shopgate powered Adyen, CoinGate (www.paypal.at, www.skrill.com, www.shopgate.com/de/, www.adyen.com, https://coingate.com/). Our payment partner encrypts your credit card data using SSL (at least 128 bits) during data transmission. Further information on data processing by our payment partner can be found in the data protection regulations of our payment partner at https://www.paypal.com/at/webapps/mpp/ua/privacy-full?locale.x=de_AT, www.skrill.com/de/fusszeile/datenschutzrichtlinie/, www.shopgate.com/de/datenschutz/, https://docs.adyen.com/legal/terms-conditions, https://coingate.com/tos.
The data you provide will be processed exclusively for the purpose of processing your order and fulfilling the contract between you and us. The data processing is carried out on the legal basis of Art. 6 (1) (b) GDPR. After the contract has been fully processed and the purchase price has been paid in full, your data will be archived and deleted after the retention periods under tax and commercial law or the deadlines under the Product Liability Act have expired, unless you have consented to the further use of your data. If the purchase process is canceled without the conclusion of a contract, the data stored by us will be deleted.
Your personal data will only be passed on to third parties or otherwise disclosed if this is necessary for the purpose of contract execution or billing or if you have given your prior consent. For example, as part of the order processing, the service providers we use (e.g. shipping companies, logistics companies, payment service providers) receive the necessary data for order and contract processing. However, in the event of a legal regulation, an official order or an official preliminary investigation, we are legally obliged to make the respective data available to the authority.
Newsletter
If you register for our newsletter and thereby give us your consent (Art. 6 para. 1 lit a DS-GVO), we process your name and e-mail address for the purpose of sending you our newsletter. Your personal data will be stored until you unsubscribe from the newsletter or revoke your consent.
You can revoke your consent at any time or unsubscribe from the newsletter by clicking on the unsubscribe link at the end of each newsletter.
Visiting the website / use of cookies
When you visit our website, we collect personal data to the extent necessary for technical reasons (name of the accessed file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL and the requesting provider). We cannot assign this data to specific persons and it is not merged with data from other data sources.
We would like to point out that cookies are used when you visit our website. Cookies are small files or other types of information storage that are transferred from our web server or third-party web servers to the user's web browser and stored there for later retrieval. The cookies used when you visit our website only serve to simplify the purchasing process (e.g. by storing the items placed in a shopping cart) and to enable the use of certain functions of our web shop. The cookies we use are deleted from your hard drive after you close your browser (session cookies). This data is collected on the basis of § 96 (3) TKG.
We also use cookies for statistical analysis of the use of our website as part of the web analytics service Google Analytics (see below). The collection of this data is based on Art. 6 (1) (f) GDPR.
If you have given your prior consent in accordance with Art. 6 (1) point a GDPR, third-party cookies will be used when you visit our website for the purpose of collecting and evaluating your user behavior. Consent to the use of cookies is given by means of a banner that explains the type and scope of the use of these cookies and allows you to agree or refuse the use of cookies. In any case, no such cookies will be used before you have given your consent. If you do not accept cookies, the functionality of our website may be limited.
Use of Google Analytics
We use Google Analytics, a web analysis service provided by Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. As part of “Google Analytics”, cookies are set on your computer in order to statistically evaluate your use of our website. We have concluded a corresponding contract with Google for commissioned data processing.
The information generated by these cookies about your use of the website (including your IP address) will be anonymized before it is stored on Google's servers, so that an assignment to a computer is no longer possible. Only in
exceptional cases, the full IP address will be sent to a Google server in the US and shortened there. Google uses this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. For more information about how Google Analytics handles user data, see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
You can prevent the collection of data generated by cookies and related to your use of the website, as well as the processing of anonymized data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.
Use of social media plugins (if this is used)
We use plugins from the following social network Facebook, Twitter, Google+, YouTube, Pinterest which is operated by the company Facebook, Twitter, Google+, YouTube, Pinterest. For this purpose, we use a two-stage procedure in which you can give your consent to the processing of data by the social network operator in accordance with Art. 6 (1) point a GDPR. Data is only transferred to the social network operator when users click on one of the displayed icons and thus consent to the transfer of the data to the social network operator. Only after such consent is a connection established from your browser to the respective social network.
The social network receives information via the plug-in about your visit to our websites. If you are logged into Facebook, Twitter, Google+, YouTube or Pinterest, your visit can be assigned to your social network account. Any interactions with the plug-in can be stored by the network operator.
Information on the use of the data collected by the respective social network can be found on the company's website Facebook, Twitter, Google+, YouTube, Pinterest in the “Data protection” or “Privacy” section at the URL https://www.facebook.com/privacy/explanation, https:// twitter.com/de/privacy, https://policies.google.com/privacy?hl=de, https://policies.google.com/privacy?hl=de&gl=de, https://policy.pinterest.com/de/privacy-policy
Company data for the most well-known social networks:
Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, www.facebook.com
YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA, www.youtube.com
Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA, www.twitter.com
LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA, www.linkedin.com
XING AG, Gänsemarkt 43, 20354 Hamburg, Germany, www.xing.com
Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089, USA, www.yahoo.com
Data security
Your contract data is transmitted in encrypted form using SSL procedures over the Internet. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or dissemination of your data by unauthorized persons.
Rights as a data subject
You have the right to request information about your personal data, as well as the right to correct or delete it or to restrict its processing. You can also object to the processing and have the right to transfer your personal data in a structured, machine-readable form. For all these rights, please contact the controller using the contact details provided.
Right to lodge a complaint
You also have the right to file a complaint with a regulatory agency. For Austria, this is the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, telephone: +43 1 52 152-0, email: [email protected]
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Data protection declaration, general for emails, contact form and online and offline, ... linked to emails, information obligation according to DSGVO. Addition to 11. data protection declaration
1. Legal basis
1.1. The EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Adaptation Act 2018 serve the right to protection of personal data. We process your data exclusively on the basis of the statutory provisions (DSGVO, DSG 2018, TKG 2003).
2. Basics
2.1. The person responsible is Erwin Pieringer, [email protected] Tel: +43 2524 20395
2.2. The representative of the person responsible is Alois Pieringer, [email protected] Tel: +43 2524 20395
2.3. It is of particular concern to us to protect and keep secure all personal data that you entrust to us. This document will tell you more about how we use and process your personal data.
3. Purpose limitation, legal basis, storage period and data recipients
3.1. We require the collected personal data, such as first and last name, telephone number, email address and address, for the purpose of submitting offers, fulfilling contracts, invoicing, asserting contractual claims, guarantee and warranty claims, and for customer service purposes. The data is collected, stored, processed and used for these purposes.
3.2 The legal basis for the processing of your personal data is, on the one hand, the performance of a contract (purchase, call-offs), legitimate interests, the fulfilment of our legal or contractual obligations and, on the other hand, your consent (when using the contact form, registering for the newsletter). Not providing the data can have different consequences.
3.3 A transfer of data, such as company name, first and last name and address, is made to our tax advisor for the purpose of fulfilling our tax obligations. The tax advisor is the controller within the meaning of the GDPR, and thus no data processing agreement is necessary. For more information, please contact [email protected].
3.4 We process your personal data, such as first and last name, telephone number, email address, as far as necessary, for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) as well as in accordance with the statutory storage and documentation obligations arising from the Austrian Commercial Code (UGB), the Austrian Federal Fiscal Code (BAO), etc., as well as until the end of any legal dispute, ongoing warranty and guarantee periods, etc.
3.5 As part of the operation of our websites, we have commissioned a web design and development company to maintain and service our web server. In the course of its activities, access to your personal data (email address, IP address) may occur – provided that a newsletter registration exists. A confidentiality agreement exists with this company. You can request further information at [email protected].
3.6 We have commissioned an IT company to maintain our server architecture. In the course of its activities, access to your personal data, such as company name, first and last name, telephone number, email address, address, could take place. A confidentiality agreement exists with this company. You can request further information at [email protected].
3.7 Personal data, such as first and last name, telephone number, can also be passed on to contractual partners, such as distributors, production companies, manufacturers, so that a contract can be fulfilled or goods can be delivered. If necessary, a data processing agreement in accordance with Art. 28 GDPR will be concluded. For more information about the processors we have commissioned, please contact [email protected].
4. Contact form
4.1. The information you provide, including personal data from our contact form, will be transmitted to us via our own mail server Microsoft Office 365 https://products.office.com/de-de/business/office Microsoft DSGVO https://www. microsoft.com/de-de/aktion/IT-Sicherheit/eu-datenschutz-grundverordnung.aspx?utm_source=t.co&utm_medium=referral. These data will not be collected or passed on without your consent. Without these data, we cannot process your requests.
4.2 The data processing is carried out on the basis of the statutory provisions of Section 96 (3) TKG and Article 6 (1) (a) (consent) GDPR.
5. Newsletter
5.1 You can register for our newsletter on the website using the double opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. It is not possible to receive our newsletter without providing this data. You can unsubscribe from the newsletter by clicking the unsubscribe link at the end of each newsletter. Personal data, such as first name, last name, e-mail address and IP address, are stored on the webmail server exclusively for this purpose.
5.2 We use mailworx to send our newsletter. https://www.mailworx.info/de/ Data protection: https://www.mailworx.info/de/impressum/datenschutz
5.3 Data processing is carried out on the basis of the statutory provisions of § 96 (3) TKG and Art. 6 (1) (a) (consent) GDPR.
6. Consent and right of withdrawal
6.1. If your consent is required for the processing of your data, we will only process it after you have given your express consent.
6.2. As a matter of principle, we do not process the data of minors and are not authorized to do so. By giving your consent, you confirm that you are at least 14 years old or that you have the consent of your legal guardian.
6.3 You can revoke your consent at any time by writing to the following e-mail address:
[email protected] In such a case, the data stored about you so far will be anonymized and subsequently used only for statistical purposes without personal reference. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
7. Data security
7.1 Our IT manager, Erwin Pieringer, uses technical and organizational security measures to protect the stored personal data against accidental or intentional manipulation, loss or destruction and against access by unauthorized persons. Our security measures are continuously improved in line with technical progress.
8. Your rights
8.1. You have the right at any time to request information from the data controller, Erwin Pieringer, [email protected], about the personal data concerned. Insofar as there is no legal obligation to retain this data, you have the right to request the deletion of this data and to object to its processing. Furthermore, you have the right to correct the data and to restrict processing, to data portability and to lodge a complaint with the Austrian Data Protection Authority (Wickenburggasse 8-10, 1080 Vienna, e-mail: [email protected]).
8.2. Please contact us at [email protected] or write to:
A.Pieringer Ges.m.b.H.
z.Hdn. Datenschutzmanager
Obere Hauptstraße 68
2141 Ameis
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12. Warranty, liability, guarantee
The warranty is based on the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, upon completion of the service. In the case of justified complaints, either a free replacement or improvement will be made, for which a reasonable period of time must be allowed. If a replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, to cancel the contract (redhibition).
Defects that occur must be reported as soon as possible upon delivery or after they become visible, whereby a consumer's failure to report a defect upon delivery or after it becomes visible has no influence on their warranty claims. If the purchase is a commercial transaction (B2B) for the customer, they must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found. Our company is only liable for damages caused intentionally or by gross negligence. This does not apply to personal injury or consumer transactions. In the absence of a consumer transaction, the injured party must prove the existence of slight or gross negligence. Compensation for consequential (defect-related) damage, other property damage, financial losses and third-party claims against the customer is excluded, provided that it is not a consumer transaction.
The guarantee is to be asserted with the guarantor (with the manufacturer/sometimes also with the seller, if this is the manufacturer) and takes place according to its regulations. The statutory warranty is not limited by the recourse to the guarantee.
When shipping the commodity with consumer business, the danger for the loss or the damage of the commodity turns into only on the consumer, as soon as the commodity to the consumer or to one of this certain third different from the carrier is delivered. If, however, the consumer has concluded the contract of carriage himself without using a selection option proposed by us, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.
13. Applicable law, place of jurisdiction
The parties to the contract agree that Austrian law shall apply. If the consumer is resident or ordinarily resident in Austria or is employed in Austria, the court with jurisdiction over the place of residence, the place of habitual residence or the place of employment shall be the only court with jurisdiction to hear any action brought against the consumer; this shall not apply to legal disputes that have already arisen. The UN Sales Convention and all provisions referring to the UN Sales Convention are expressly excluded.
For contracts with companies, our registered office is agreed as the place of jurisdiction.
14. Place of performance for business transactions
The place of performance for all services under the contract is our registered office.
15. Copyright
All messages, graphics and the design of our website are intended solely for the personal information of our customers and are protected by copyright.
16. Arbitration Board
We agree to participate in the arbitration proceedings of the ECG and the Internet Ombudsstelle in the event of a dispute.
www.ombudsmann.at
Further information on the types of proceedings can be found at www.ombudsmann.at.
The OS platform can also be used to settle disputes with our company: or our e-mail address: [email protected]
17. Delivery
Delivery is by EMS, cash on delivery, post, DHL, GLS, ...
If not all of the ordered items are available immediately, the available items will be delivered immediately and the others as soon as they are available. However, the delivery costs will only be charged once per order, even in the case of partial delivery.
18. Shipping costs
Please refer to this list for shipping costs: Link:
19. Storage of the contract
We store the text of the contract, which you can request after completing the order process. You can print out the order data immediately after sending it. To do so, you can either use the following page “Your order” or the email “Confirmation of receipt”.
20. Miscellaneous
Claims for recourse under the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused within our sphere of influence and was at least due to gross negligence.
The contractual partner waives the option of offsetting. However, this does not apply to consumers.
Voluntary Code of Conduct: www.guetezeichen.at