General Terms and Conditions (GTC) for the EDERA Protect GmbH online shop
I. Scope of the General Terms and Conditions
These General Terms and Conditions (hereinafter "GTC”) apply to all contracts concluded between EDERA Protect and customers via the EDERA Protect GmbH online shop (hereinafter "EDERA Protect”) at www.edera-protect.com. The GTC apply in their current version at the time of the customer order.
II. Acknowledgement of the GTC
The customer accepts these GTC and agrees to them as soon as they place an order.
III. Defence clause
The inclusion of General Terms and Conditions or contractual conditions of the customer that deviate from these GTC is rejected, unless these are expressly recognised in writing by EDERA Protect.
IV. Description of services
The main service of EDERA Protect is to make products available to the customer via the online shop. The properties of the products and their prices ultimately derive from the information on the website or from the order documents.
EDERA Protect cannot guarantee that the online shop will be available at all times, and EDERA Protect is not liable for system failures or other technical defects. Compliance with current technical system requirements is a prerequisite for the customers’ use of the online shop. The customer is prohibited from using the online shop in a way that endangers the security or performance of the EDERA Protect infrastructure.
V. Contract conclusion
The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer themselves. The customer submits the offer in the legal sense by placing the order.
The customer selects the goods they want by entering the order data. The ordering process is then continued by clicking the button "Continue”. On the next page, the customer is asked to log in to the online shop, provided they already have an account, or to register as a new customer. The customer then selects the payment method they wish to use and enters the data required to execute the payment. When choosing external payment services such as Stripe, PayPal etc., the customer may be redirected to the external website of the respective payment service provider.
Before the order is submitted, the data relevant to the order are summarised in an "order overview”. The customer is free to check the information in the order overview again and, if necessary, to correct them, before sending the order to EDERA Protect by clicking on the "ORDER WITH OBLIGATION TO PAY” button. By clicking on the "ORDER WITH OBLIGATION TO PAY” button, the customer submits a binding purchase offer for the goods or services they have selected.
After receipt of the order, EDERA Protect sends a notification email to the email address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter "order confirmation”). The order confirmation does not represent acceptance by EDERA Protect of the customer's offer to buy. Acceptance of the offer by EDERA Protect takes place expressly in a separate email or by delivery of the goods ordered. The customer will be informed immediately by email if EDERA Protect refuses to conclude a contract. The customer agrees to the electronic dispatch of the invoice.
VI. Storage and dispatch of the contract text
EDERA Protect sends the order confirmation described under V. and these GTC, including the cancellation policy, to the email address provided by the customer.
VII. Cancellation policy for consumers
If the customer is a consumer within the meaning of the Austrian Consumer Protection Act, they generally have the right to withdraw from a contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which the customer or a third party named by them, who is not the carrier, has or have taken possession of the goods. The right of withdrawal is extended by 12 months if the customer did not receive correct information about the right of withdrawal. In order to exercise the right of withdrawal, the customer must contact
EDERA Protect GmbH
to communicate the decision to withdraw from this contract by means of a clear declaration (for example a letter sent by post or email).
Sample revocation text:
I/We(*) hereby cancel the contract I/we(*) concluded for the purchase of the following goods
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if paper copy is sent)
*Delete as applicable
In order to meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal deadline has expired. EDERA Protect points out that according to § 18 para. 1 Z 5, Z 6, Z 8 Austrian Remote Sales Act, the right of withdrawal does not apply to a contract for the delivery of sealed goods and goods that are not suitable for return for reasons of health protection or hygiene, if the seal or packaging has been removed; the consumer confirms that they are aware of the loss of this right of withdrawal.
Consequences of withdrawal
If the consumer cancels this contract, EDERA Protect undertakes to reimburse all payments that EDERA Protect has received from the customer, including delivery costs (with the exception of the additional costs that result from the customer using a different type of delivery than the cheapest standard delivery offered by EDERA Protect) immediately, but at the latest within fourteen days from the day on which the notification of the cancellation of this contract is received by EDERA Protect. For this reimbursement, EDERA Protect uses the same means of payment that the consumer used in the original transaction, unless otherwise expressly agreed with the consumer; under no circumstances will the consumer be charged fees for this reimbursement. EDERA Protect can refuse reimbursement until EDERA Protect has received the goods back, or until the consumer has provided evidence that the consumer has sent the goods back, whichever is earlier. The customer must return or hand over the goods to EDERA Protect immediately and in any case no later than fourteen days from the day on which the consumer informed EDERA Protect of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The consumer bears the direct costs of returning the goods. The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of the cancellation policy
All prices are net. The respective VAT applicable in the buyer's country of origin must be added to the stated net prices. The prices do not include shipping costs and are ex-warehouse in Kalsdorf near Graz / Austria. We reserve the right to make price errors. If the correct price is higher, the customer will be contacted; in this case, a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, this lower price will be charged.
Shipping costs are not included in the price; they may apply additionally.
IX. Delivery conditions
EDERA Protect bears no responsibility in the event of delivery delays for which suppliers or manufacturers are responsible. If delivery or compliance with an agreed delivery deadline becomes impossible due to circumstances for which EDERA Protect is not responsible, EDERA Protect is entitled to withdraw from the contract in whole or in part. EDERA Protect will inform the customer about this immediately. Claims for damages are excluded in this case. The customer will be informed of already existing delivery restrictions, if known, before the start of the ordering process.
X. Due date and retention of title
The purchase price is to be understood as an advance payment and only triggers the order process when the payment is received in full.
The delivered goods remain the property of EDERA Protect until they have been paid for in full.
XI. Payment terms
EDERA Protect accepts the following payment methods:
- Payment by bank transfer:
Raiffeisenbank Schilcherland Deutschlandsberg
IBAN: AT16 3804 3001 0410 2281
- Payment with all major creditcards
- Payment with PayPal: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449 Luxembourg
When paying by direct debit, EDERA Protect is authorised by the customer to collect the purchase price from the customer's bank account according to the order overview. The customer must ensure that the bank account has sufficient funds. EDERA Protect must be notified of changes in bank details immediately. EDERA Protect reserves the right to liquidate all costs from the customer that arise due to non-compliance with these obligations.
The statutory default regulations apply. Reminder costs can be claimed from the second reminder.
XII. Warranty, product liability, compensation and notification requirement
Unless otherwise specified below, the general statutory provisions on warranty apply. Warranty is excluded for defects caused by the customer. This is particularly the case with improper handling or use.
We only assume a warranty for our goods when sold to entrepreneurs within 6 months of delivery if they are material or manufacturing defects that existed at the time of the transfer of risk. For those parts of the goods that we have obtained from sub-suppliers, we are only liable within the scope of the warranty claims we are entitled to against the sub-suppliers, insofar as this is permissible.
The warranty assumes the fulfilment of the customer's contractual obligations.
When using the devices and other goods supplied by us, the customer is obliged to strictly adhere to all existing regulations, technical provisions and operating instructions relating to protection against hazards, and to only use authorised specialists.
We meet the customer's warranty claims in all cases at our discretion, either by improvement, supplement of a missing part or replacement within a reasonable period of time. The customer is only entitled to a price reduction or conversion (cancellation of the contract) if there is no improvement, supplement of a missing part or replacement within a reasonable period of time. In the case of only a minor defect, conversion is excluded. We assume no liability for the suitability of our goods for the purpose intended by the customer. The same applies to merely visual deviations that do not impair the proper use of the goods.
If they are not a consumer, the customer must examine the goods within the meaning of §§ 377 ff Austrian Commercial Code after delivery in consideration of the proper course of business, but no longer than four days from the time of the transfer of risk. Defects identified are to be reported to us within a reasonable period, but no later than fourteen days after their discovery, stating the type and scope of the defect, as well as specifying the more precise description of the goods or goods number, the date, the performance of the delivery/service and the date and the invoice number in writing. Hidden defects must be reported in writing within a reasonable period, but no later than fourteen days after their discovery, also with notification of the above information. The timeliness of the written notification of defects is based on the receipt of the notification of defects in our company. If a notification of defects is not made in good time or is not made in accordance with these provisions, the goods are deemed to have been approved and all claims of the customer (with the exception of claims from consequential damage), for whatever legal reason, are excluded.
If they are an entrepreneur, the contractual partner must always prove that the defect already existed at the time of handover.
Apart from personal injury, we are only liable if the injured party can prove at least gross negligence. Claims for damages become statute-barred 6 months after discovery of the damage and the damaging party, at least 4 years after the service or delivery has been performed.
The obligation to compensate claims for property damage resulting from the Austrian Product Liability Act, including all recourse claims, is excluded, provided that no consumer is affected. Any recourse claims made against us under the title "Product Liability” within the meaning of the Austrian Product Liability Act are excluded, unless the person entitled to recourse can prove that the error was caused in our sphere and was at least grossly negligent.
If the delivery item was manufactured by us on the basis of information provided by the customer, our liability does not also extend to the correctness of the construction, but only to the fact that the execution was carried out in accordance with the information provided by the customer. If claims are made against us by third parties in the case of manufacture and delivery according to drawings, samples, models or other documents provided by the customer, the customer shall indemnify us and hold us harmless.
XIII. Force majeure
EDERA Protect is not liable for impossibility, delays or deficiencies in performance and delivery, insofar as these are caused by force majeure or other events that were not foreseeable at the time of the conclusion of the contract and for which EDERA Protect is not responsible (e.g. server or internet failure, operational disruptions of all kinds, difficulties in material or energy procurement, transport delays, strikes, legal lockouts, lack of workers, energy or raw materials, difficulties in obtaining the necessary official permits, official measures, pandemics, terrorism, natural disasters, uprisings, revolution, civil war, etc.). If such events make the performance significantly more difficult or impossible for EDERA Protect and the hindrance is not only of temporary duration, EDERA Protect is entitled to terminate the contract without notice or to withdraw from the contract. In the case of temporary hindrance, the delivery or performance deadlines are extended or the delivery or performance dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot be expected to accept the service as a result of the delay, they can terminate the contract by giving EDERA Protect an immediate declaration in writing.
As a rule, it is to be considered unreasonable if the hindrance lasts for a continuous period of more than 90 days.
XIV. Right of set-off, right of retention
The customer is not entitled to offset against claims from EDERA Protect, unless the customer's counterclaims are legally established or undisputed.
The customer may only exercise a right of retention if their counterclaim is based on the same sales contract.
XV. Data protection
Data protection provisions are contained in the data protection declaration www.alphamask.at/privacy
XVI. Property rights
EDERA Protect has copyrights to all images, films and texts published on their websites. Use of the images, videos, films and texts is not permitted without the express written consent of EDERA Protect.
XVII. Applicable law
The law of the Republic of Austria applies to the exclusion of the UN Sales Convention. For customers who are consumers domiciled / habitually resident in Germany, the law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
For customers who are consumers domiciled / habitually resident in Switzerland, Swiss law applies to the exclusion of the UN Sales Convention, unless the laws of the customer's country of domicile / habitual residence provide for other provisions.
XVIII. Place of jurisdiction
In the event of disputes arising from contracts concluded under the validity of these GTC, either Austrian courts or, if the customer is a consumer, the courts of the customer's domicile / habitual residence are responsible for customer complaints.
The Swiss courts are responsible for lawsuits from customers from Switzerland who are consumers, and the courts of the place where the customer is domiciled / habitually resident are responsible for customers from the EU.
In all other cases, the competent court at the headquarters of EDERA Protect is deemed to have jurisdiction.
For actions by EDERA Protect against customers who are consumers, the courts at the customer's domicile / habitual residence are responsible within the EU.
After the dispute has arisen, the parties are free to agree on a place of jurisdiction.
XIX. Changes to the General Terms and Conditions / reservation of the right to make changes
EDERA Protect is entitled to unilaterally change these GTC, insofar as this is necessary to remove equivalence disruptions that subsequently arise or to adapt to changed legal or technical framework conditions. EDERA Protect will inform the customer of a change by sending the content of the changed regulations to the last known email address of the customer or do so via the website. The change becomes part of the contract if the customer does not object in writing to its inclusion in the contractual relationship with EDERA Protect within six weeks after receipt of the notification of change.
XX. Dispute resolution information
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
XXI. Severability clause
If a provision of these GTC should be ineffective, the effectiveness of the remaining provisions will not be affected.
As at: Oktober 2021