Terms and Conditions
General Terms and Conditions of Sale and Delivery of Wiener Silber Manufactur GmbH
The following General Terms and Conditions (GTC) apply to all relations between the “Customer” on the one hand and Wiener Silber Manufactur GmbH (hereinafter referred to as “Wiener Silber Manufactur” or “We”) on the other hand arising from the purchase of goods (“Products”) via our online shop, currently available at www.wienersilbermanufactur.com. Within the ordering process by ticking a checkbox and submitting the order, the Customer agrees to the currently valid version of the GTC. Deviating, conflicting or supplementary terms and conditions – even if known – do not become part of the contract, unless Wiener Silber Manufactur has expressly agreed them in writing.
2. Offers and conclusion of contract
The presentation of the Products in the online shop is not an offer in a legal sense. All illustrations, drawings, plans, details of materials, weights, dimensions and prices etc. contained in offers, advertising materials and other documents of Wiener Silber Manufactur are non-binding, unless they are expressly declared in writing to be part of the contract. We invite Customers, who are consumers, to make an offer to purchase Products; this invitation is non-binding. The offer is made by the Customer and becomes binding by pressing the button “order with obligation to pay” [“Zahlungspflichtig bestellen”]. Once the binding offer has been made, the Customer can no longer change the order. However, the Customer has the opportunity to check his/her order before submitting his/her offer and to correct any errors.
The order is open to natural persons who are at least 18 years old, are of full legal capacity and are consumers at the time of closing the contract.
We will immediately confirm the receipt of the Customer’s electronic contractual declaration. The confirmation of the receipt does not constitute a binding acceptance of the order.
The acceptance of a contract offer by Wiener Silber Manufactur and thus also the conclusion of the contract take place either by a separate written order confirmation or by sending the Products ordered by the Customer. We may refuse to accept the order without giving reasons, in particular if the ordered Products are not in stock or the order from private persons exceeds the usual household quantity.
3. Prices and shipping costs
The prices listed in the online shop are retail prices in Euro including VAT and packaging.
We will notify the Customer of any additional freight, delivery, shipping or other charges prior to the submission of the offer, to the extent that the charges can reasonably be calculated in advance. Otherwise, we will indicate the possible incurrence of such additional costs before the Customer submits the offer.
We reserve the right to charge our expenses separately if the Customer requests changes to the delivery date, the quantity or the quality of the ordered Products after conclusion of the contract.
We ship to all countries of the EU, Great Britain and Switzerland. Any customs duties are to be paid by the Customer.
4. Terms of payment
Unless otherwise agreed in writing, the purchase price is due in full and without deduction immediately upon acceptance of the offer, i.e. upon contract closing and before delivery of the ordered Products. All payments must be made immediately after the receipt of the invoice via the specified payment service providers in Euros.
If the Customer is a consumer, he/she shall be obliged to pay interest rate in the amount of 4 % p.a. in the event of a culpable delay in payment. In the event of a culpable delay in payment by a consumer, the consumer undertakes to pay the dunning and collection expenses actually incurred for the purpose of appropriate legal action, in particular the costs of any engaged collection agency, which are derived from the respective applicable regulations for maximum fees in the collection sector, as well as the costs of lawyers in accordance with the Austrian Lawyers’ Fees Act (Rechtsanwaltstarifgesetz).
If the Customer is an entrepreneur, he/she shall be obliged to pay interest rate in the amount of 9 % above the base interest rate, as well as all dunning and collection expenses incurred.
Furthermore, in case of a delay in payment by the Customer or in case of opening of insolvency proceedings against the Customer’s assets, Wiener Silber Manufactur is entitled, irrespective of any Customer’s fault, at its own discretion to withhold deliveries or services until the agreed counter-performance has been rendered. All other rights of Wiener Silber Manufactur remain unaffected by this.
5. Delivery, Fulfilment, Transfer of Risk
The delivery is made by Wiener Silber Manufactur. We choose the carrier at our best discretion, but without guarantee for the choice of the fastest or cheapest delivery. The shipment will be made to the delivery address provided by the Customer. We will inform the Customer separately about the expected delivery time.
If the Customer is an Entrepreneur, all deliveries by the Contractor shall be made by EXW [Ebreichsdorf-Weigelsdorf, Austria] Incoterms® 2020, unless expressly agreed otherwise.
Wiener Silber Manufactur is entitled to make partial and advance deliveries and to invoice them. After expiry of the agreed delivery and performance deadlines, the Customer may withdraw from the contract after setting a reasonable grace period of ten working days. However, withdrawal regarding partial deliveries that have already been made is only permissible if these cannot be used appropriately by the Customer; the Customer must return Products that have already been delivered and cannot be used to Wiener Silber Manufactur at the latter’s expense.
6. Retention of title
All Products are delivered under reservation of title by Wiener Silber Manufactur and remain in its property until full payment has been made. A resale is only permitted with the express written consent of Wiener Silber Manufactur. The Customer is obliged to assign his/her claims against third parties arising from this to Wiener Silber Manufactur. The enforcement of the retention of title is only to be regarded as a withdrawal from the contract if this is expressly declared.
In the event of redemption of Products Wiener Silber Manufactur is entitled to charge transport and manipulation costs incurred. In case of access of third parties to the reserved Products – in particular by seizure – the Customer undertakes to point out the reserved property and to inform Wiener Silber Manufactur immediately. The B2B-Customer bears the full risk for the reserved Products, in particular for the risk of destruction, loss or deterioration.
7. Legal right of withdrawal
If the Customer is a consumer within the meaning of the Austrian Consumers Protection Act (KSchG), he/she has the right of withdrawal the purchase contract within 14 days without giving any reasons. The withdrawal period is 14 days from the day on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the Products.
In order to exercise the right of withdrawal, the Customer must inform Wiener Silber Manufactur (Wiener Silber Manufactur, Boschanstraße 3, Halle 1, 2483 Ebreichsdorf-Weigelsdorf, Austria, firstname.lastname@example.org) about the decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). The Customer may use the withdrawal form below for this purpose, but it is not obligatory.
Sample withdrawal form:
Wiener Silber Manufactur GmbH,
Boschanstraße 3, Halle 1, 2483 Ebreichsdorf-Weigelsdorf, Austria
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following Products (*):
- Ordered on(*)/received on(*):
- Name of consumer(s):
- Signature of consumer(s) (only in the case of notification on paper):
(*) Please delete as appropriate.
To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
8. Effects of withdrawal
If the Customer withdraws from this contract, Wiener Silber Manufactur will reimburse all payments received from the Customer by Wiener Silber Manufactur, including the costs of delivery, without delay and at the latest within 14 days from the day on which Wiener Silber Manufactur received the notification of withdrawal of the contract. For the reimbursement, Wiener Silber Manufactur shall use the same means of payment as the Customer used for the initial transaction, unless expressly agreed otherwise with the Customer. In any event, the Customer will not incur any fees as a result of such reimbursement.
Wiener Silber Manufactur may refuse the payment until it has received the Products back or until the Customer has provided proof that the Products have been returned, whichever is earlier.
The Customer must return or hand over the received Products to Wiener Silber Manufactur without any delay and in any case no later than 14 days from the day on which Wiener Silber Manufactur was informed of the withdrawal of the contract. The deadline is met if the Customer returns the Products to Wiener Silber Manufactur, Boschanstraße 3, Halle 1, 2483 Ebreichsdorf-Weigelsdorf, Austria, before the expiry of the 14-day period.
The Customer shall bear the direct costs of returning the Products.
The Customer shall be liable for any loss in value of the Products if the loss in value is not due to handling the Products in a manner necessary for inspecting the quality, characteristics and functioning of the Products.
Customer has no right of withdrawal in the cases listed in § 18 Austrian Distance Selling Act (FAGG). This applies in particular to the purchase of Products that (i) are manufactured according to Customer specifications or are clearly tailored to specific needs; (ii) are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery; or (iii) have been inseparably mixed with other goods after delivery due to their nature.
9. Right of exchange
If a Customer has been granted the right of exchange the delivered Products, then this right only applies to commercial Products, but not to Products that have been edited or Products manufactured at the Customer’s request. The right of exchange is also excluded if the Products are (slightly) damaged, show signs of use or cannot be resold as new for other reasons. If the Customer makes use of the right of exchange granted to him/her, he/she is entitled to an exchange for another Product, but not to a refund of the purchase price. The consumer’s statutory warranty rights remain unaffected by this.
The statutory warranty provisions shall apply to Customers who are consumers in the event of defective Products. The Customer shall inspect the delivered Product for completeness, correctness and other defects, in particular the intactness of the packaging, as far as possible upon receipt and notify us of any defects by e-mail to email@example.com and briefly describe them. This only serves the purpose of faster and more effective processing of possible warranty claims. A breach of this obligation does not lead to any restrictions of the consumer’s statutory warranty rights.
For Customers who are entrepreneurs, the condition of the Products at the time of transfer of risk shall be relevant. The Customer shall inspect the Products immediately upon receipt and notify any defects in writing without delay, but in any case within 14 days of the handover of the Products, stating the alleged defect in detail, otherwise the Products shall be deemed to have been approved. In the case of hidden defects, the complaint must be made within 14 days of their discovery. Any warranty claim must always be proven by the Customer, who is obliged to reimburse all costs for unjustified or untimely notices of defects. Apart from any mandatory statutory provisions regarding the type of warranty provision, the Contractor expressly reserves the right to fulfil any warranty claim at its own discretion by improvement, replacement or price reduction. The warranty period is 6 months and begins with the transfer of risk. The warranty period shall not be extended by rectification of defects or acknowledgement, even in the case of the insertion of new parts into the main delivery, neither for the main delivery nor for new parts. The warranty obligation expires in any case upon expiry of the warranty period; recourse claims derived from a claim made against the client by its customer are excluded. If the Customer makes changes or edits the delivered Products without the prior written consent of the Contractor, any warranty obligation of the Contractor shall expire. In the case of any special items at exceptional prices, any warranty shall be deemed excluded from the outset. Since silver as a material has a great affinity (binding tendency) to sulphur and sulphur compounds and therefore susceptible to discolouration is, the Customer shall not be entitled to any warranty claims with regard to such discolouration and other weather-related influences on the Products.
Wiener Silber Manufactur’s liability for damages is limited to cases of intent and gross negligence, with the exception of claims under the Austrian Product Liability Act (PHG), personal injury and the breach of essential contractual obligations.
If the Customer is an entrepreneur, he/she bears the burden of proof for the existence of such conduct. Furthermore, vis-à-vis entrepreneurs – insofar as legally permissible – any compensation for pure financial loss, indirect damage and losses or consequential damage of any kind as well as loss of profit is excluded. The liability of Wiener Silber Manufactur is generally limited to the typically foreseeable damage and in terms of value to the value of the (partial) delivery. Claims for damages become time-barred six months after knowledge of the damage and the damaging party, in any case two years after the transfer of risk. If an order is made based on the Customer’s design specifications, drawings or models, the Contractor’s liability shall not extend to the correctness of the design, but only to the fact that the execution is carried out in accordance with the Customer’s specifications. The Customer shall indemnify and hold the Contractor harmless in the event of any infringement of third-party property rights. However, this does not apply to consumers.
12. Product liability
Any claims to recourse that contractual partners or third parties who are entrepreneurs make against the Contractor under the title of “Product liability” within the meaning of the Austrian Product Liability Act (PHG) shall be excluded unless the party entitled to recourse proves that the defect was caused in the sphere of the Contractor and at least due to gross negligence.
13. Force Majeure
The occurrence of unforeseeable circumstances or circumstances independent of the will of the parties, in particular all cases of force majeure, entitles Wiener Silber Manufactur to extend the delivery dates and deadlines in accordance with the extent and duration of these circumstances and consequences. However, Wiener Silber Manufactur is also entitled to cancel the order as whole or in part in the event of such circumstances. Force majeure events within the meaning of this provision are in particular force majeure, earthquakes, fire, floods, riots, government regulations, decisions or other measures or any other events of a similar or dissimilar nature that qualifies as an unforeseeable circumstance or a circumstance independent of the will of the parties.
14. Applicable law and place of jurisdiction
The contract shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, the choice of law shall only apply insofar as consumer are not deprived from their mandatory provisions of the law of the state in which he/she has his/her habitual residence.
In the case of business transactions as well as in the case of consumer transactions in which the consumer has neither his/her domicile or habitual residence in Austria nor is employed in Austria at the time the action is brought, the competent court for 1010 Vienna shall be agreed as the place of jurisdiction. All disputes arising out of or in connection with contracts with Customers having their domicil outside the European Union shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with these rules. The place of arbitration shall be Vienna and the language of arbitration shall be German. In both cases, however, Wiener Silber Manufactur reserves the right to sue for its claims also at the Customer’s ordinary place of jurisdiction.
The offsetting by the Customer as an entrepreneur with counterclaims is only permissible if such counterclaims have been legally established or are not disputed by Wiener Silber Manufactur. The Customer is only entitled to withhold his/her payment obligations with regard to an appropriate partial amount, even in the case of justified complaints. Wiener Silber Manufactur is entitled to store, transmit, revise and delete personal data of the Customer during business transactions. This does not apply to consumers.
16. Severability clause
If the Customer is an entrepreneur, the following shall apply: Should any provision of these GTC or of the contract be or become invalid, the remaining provisions shall remain valid. In their place, that provision shall apply which comes as close as possible to the economic content of the initial provision. This applies accordingly to any gaps in these GTC or the contract. This does not apply to consumers.
Vienna, April 2022