General Terms and Conditions (GTC)

ÖTSCHER-Berufskleidung Götzl GmbH

Version: June 2019

 

Information according to § 5 E-Commerce Law

Your provider and contractual partner

 

Ötscher-Berufskleidung Götzl GmbH,

Ötscherplatz 1, A-3300 Amstetten

Phone: +43747264744-0 Fax: -48

www.oetscher.com

 

Member of the Austrian Federal Economic Chamber, Section: Clothing Industry and Textile Trade

Regulatory authority: Bezirkshauptmannschaft Amstetten (District administration)

Commercial register number: 84502v, Commercial register court: HG St. Pölten, Austria

VAT ID no.: ATU 17080307, DVR: 0404721,

Trade regulations: Trade Law: www.ris.bka.gv.at

Voluntary code of conduct: www.guetezeichen.at

Managing Directors: Ing. Thiemo Götzl, Dr. Georg Götzl

Address of the Management: see address above

Purpose of the company: Producer and distributor of apparel

1.       Scope:

All deliveries, services and offers made by us are made exclusively on the basis of the following terms and conditions in their current version; conflicting or deviating terms and conditions of the customer are generally not recognised and are only valid with our written approval. Acts of contract performance by us shall not be deemed as a consent to deviating terms and conditions of the customer. These General Terms and Conditions shall also apply as a framework agreement for all additional and subsequent business between the contracting parties. The General Terms and Conditions are accepted by the customer at the latest with the acceptance of the goods or service. The General Terms and Conditions also apply to customers who place orders via our Internet platform for entrepreneurs (B2B).

 

2.       Prices:

Prices and surcharges (e.g. size surcharges, shipping costs etc.) apply according to our offers and can be taken from our price lists in case of doubt. We reserve the right to increase prices by a maximum of 10% until the day of delivery if material and labour costs, charges or customs duties have increased by more than 5% between order acceptance and the day of delivery.

 

3.       Payment:

Payments are to be made without any deduction within 14 days of receipt of the invoice. Cash discount deductions and other payment modalities require a separate agreement. In the event of default in payment, such agreements shall cease to be effective. Payments made by the customer shall not be deemed to have been made until they have been received on our business account.

 

4.       Consequences of delay:

In the event of culpable default in payment, at least 1% default interest per month shall be deemed to have been agreed in the case of corporate customers, and the statutory default interest of 4% per year shall be deemed to have been agreed in the case of consumers. The customer undertakes to reimburse us for the reminder and collection charges incurred for the purpose for which they were incurred. If we are in charge of the dunning process ourselves, the defaulting customer undertakes to pay an amount of EUR 2.50 per dunning notice. The customer agrees that in the event of default in payment, the interest shall be capitalised up to the date of the action and all collection charges shall be added to the capital. We expressly reserve the right to assert further claims for damages caused by default. We shall not be obliged to make any further deliveries before complete payment of due invoices, including any interest on arrears and expenses.

 

5.       Delivery periods:

Our delivery periods are non-binding. Partial and advance deliveries by us are always permissible. We shall not be obliged to deliver until the customer has fulfilled his obligations required for the performance of the service, in particular all technical and contractual details, preliminary work and preparatory measures. If a binding delivery date is exceeded, we shall be entitled to reasonably extend the delivery period without being in default and to adjust the prices. The buyer has to set a grace period of at least 4 weeks.

 

6.       Delivery:

Our deliveries are made carriage-paid within Austria and Germany as of an invoice amount of € 300 excl. value added tax, uninsured, packed. When the goods are dispatched, the risk of loss of or damage to the goods will not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer other than the carrier. However, if the consumer has concluded the contract of carriage himself without taking advantage of a choice proposed by us, the risk shall pass to the carrier when the goods are handed over. The responsibility for the disposal of packaging delivered to you in Austria is completely assumed by ARA.

 

7.       Force majeure:

Operational disruptions resulting from events of force majeure in our own operations or in the manufacturing plant as well as all other circumstances which prevent our delivery shall release us from the delivery obligation and entitle us to suspend the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part according to its effects. If our delivery is delayed or omitted because the supplier cannot deliver or cannot deliver on time, the customer shall not be entitled to any further claims beyond the mere right of rescission on any legal grounds whatsoever (damage caused by delay, damage to performance).

 

8.       Retention of title:

The goods shall remain our property until all our claims from all mutual legal transactions with the customer have been settled in full. Goods already paid for and still available to the customer’s shall remain our property and shall be liable for all outstanding claims. The customer shall comply with the labelling obligations and other formal requirements for safeguarding the retention of title. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration. We shall be entitled to dispose of the returned goods subject to retention of title freely and in the best possible way and the proceeds of such disposal shall be set off against the outstanding residual claim.

 

9.       Warranty, obligation to inspect and give notice of defects:

We are generally responsible for defects in accordance with the statutory provisions. If the customer is an entrepreneur (B2B), the warranty period is one year (12 months) from delivery of the goods. The defect must be substantiated in writing and described in detail immediately after it has been discovered, but at the latest within 8 calendar days of delivery, otherwise the goods shall be deemed to have been approved. Defects in a part of the delivery may not lead to a complaint about the entire delivery. In the event of a justified notice of defects, we shall be entitled, at our discretion, to replace or repair the defective goods or defective parts thereof or to take them back against payment of the purchase price.

 

10.     Return shipment and exchange in size:

Delivered goods will generally not be taken back with the exception of a justified notice of defects or permissible changes in size. We will generally not take back any dirty or damaged goods.

Our body measurement tables for the correct selection of the size are available for the determination of the sizes. It is also possible to request a set of sizes for trial fitting, but only after fixed orders have already been received. Sets of sizes should

then be incorporated into the order. If this is not possible or if no original articles are used for the determination of the size, our sales team will find a solution to cover the costs.

 

Permissible exchange in size:      Goods from the catalogue

Exchanges in size will be accepted for orders from our catalogues against reimbursement of costs, provided that the payment date of the underlying delivery invoice has not yet been reached and the goods are not dirty, have not been finished with the company logo and are not custom-made.

 

Permissible exchange in size:      Goods from special production and/or

refined goods with customer warehouse

In the case of goods made to order and refined goods (e.g. goods bearing a company logo or advertisement), there is only a possibility of exchange subject to compensation if the customer maintains a customer warehouse for these goods with us.

 

We charge a lump sum of € 2.50 per piece and at least € 6.90 per total return for cost reimbursement for processing and re-storage of the goods. Transport costs or the risk of transport of the return shipment shall also be borne by the sender. The return shipment must be made in the original packaging with a return merchandise certificate (RMA). The return merchandise certificate (RMA) can be requested by telephone, fax or e-mail at:

 

Austria:                                     Germany:
T: +43 7472 64744-0                 T: +49 5407 81464-0
F: +43 7472 64744-48               F: +49 5407 81464-29
E: info@oetscher.com                E: info@oetscher.de

 

11.       Compensation

We shall only be liable for damages caused by intent or gross negligence. The existence of gross negligence and intent must always be proven by the customer, unless being a consumer. Our liability for consequential damage (caused by defect), damage caused by delay and non-performance, pure financial losses, for example due to delivery-related disruptions in the customer’s business, for harm of indirectly damaged third parties and for damage caused by third parties called in by us to fulfil the order is generally excluded.

 

12.       Product liability

Recourse claims as defined by the Product Liability Act shall be excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least caused by gross negligence. The contractual partner shall waive the option of offsetting. However, this does not apply to consumers.

 

13.       Copyrights and industrial property rights:

Plans, sketches, drafts, drawings, other technical documents made available in the course of order processing as well as samples, catalogues, brochures, illustrations, graphics and the like shall always remain our intellectual property and are protected by copyright. The customer does not receive any rights to use or exploit the work. These intellectual creations, even if they do not originate from us, may not be used by the customer in a way that goes beyond the contents of the contract. In particular, they may not be reproduced or made accessible to third parties. They must be returned immediately upon our request. We acquire the necessary rights of use to the samples, brands, logos, photos, texts, sketches, drawings and other graphic representations provided by the customer which are necessary for order processing (refinement). The customer is obliged to indemnify and hold us harmless against all claims made by third parties arising from infringements of copyrights, ancillary copyrights (trademarks, samples, etc.) or personal rights. We undertake, in the event of a legal dispute brought against us, to announce the dispute to the customer. If the customer does not join an action on our side, we shall be entitled to freely dispose of the claim. We are in any case entitled to demand from the customer the costs incurred for the necessary legal prosecution and defence.

 

14.       Retention

If the deal is not a consumer transaction, the customer shall not be entitled to retain the entire amount of the gross invoice amount, but only an appropriate part, in the event of a justified complaint, except in cases of reversed transaction.

 

15.       Obligations to cooperate:

In order to record the scope of services, the service description, the performance periods and the preparation of offers, the customer must always provide us with the necessary information completely and correctly. The customer is obliged to inform us of any changes to his master and contact data which are necessary for order processing as long as the contractual legal transaction has not been completely fulfilled by both parties. In the event of failure of notification, declarations and deliveries shall also be deemed to have been received if they are sent to the last known address.

 

16.       Severability clause:

If any provision of these General Terms and Conditions of Sale or of the Order is or becomes invalid or unenforceable, it shall automatically be replaced by a valid and enforceable provision which best achieves the purpose originally intended. Where a clause is invalid or unenforceable only under a particular national law, the adaptation of the contract shall be made only for that law. The General Terms and Conditions of Sale shall remain unchanged in the other legal systems.

 

17.       Applicable law (contract and negotiation language):

Austrian substantive law shall apply to the exclusion of the reference standards of international private law and to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UNK). The contract and negotiation language is German.

 

18.       Place of jurisdiction and performance:

For all disputes arising from contracts with business customers, our company headquarters shall be the exclusive place of jurisdiction and performance. If the consumer has his domicile or main residence in Austria or if the consumer is employed there, only the jurisdiction of the court in whose district the domicile, main residence or place of employment is situated can be established for an action against the consumer; this does not apply to legal disputes which have already arisen. If the consumer is domiciled in a member state of the European Union (EU), the consumer may, at his discretion, bring an action either before the factually and locally competent courts at our place of business in Austria or before the courts of the member state at the consumer’s domicile.

 

19.       Bank details:

Allgemeine Sparkasse Oberösterreich AG, IBAN: AT60 2032 0321 0049 3025, BIC: ASPKAT2LXXX

 

Special Terms and Conditions for the Online Shop

ÖTSCHER-Berufskleidung Götzl GmbH

Issued: June 2019

1.       Scope

The following Terms and Conditions are a supplement to our General Terms and Conditions and apply primarily to all of our deliveries, services and offers, which we process via our online shop (www.onlineshop-oetscher.com) with consumers in distance selling. Consumer means any natural person acting for purposes which are outside his trade, business or profession. We always comply with the code of conduct of the Austrian E-Commerce Quality Seal (www.guetezeichen.at) when processing transactions in distance selling. In the event of changes to these Terms and Conditions, the version published on the Internet at the time of the order shall apply. The text can be downloaded to a computer, saved, played back and printed.

 

2.       Contracting parties

Our company mentioned in the legal notice operates the online shop.

Customer service: Mon-Thu 8:00-16:00, Fri 8:00-12:00 within Austria under the hotline +43-800-20-30-16 or under +43-7472-64744-0. Information, data information and complaints by e-mail: info@oetscher.com .

Your provider and contractual partner

Ötscher-Berufskleidung Götzl GmbH

Ötscherplatz 1, A-3300 Amstetten

Phone: +43-7472-64744-0

Fax: +43-7472-64744-48

Member of the Austrian Federal Economic Chamber

Division: Clothing Industry and Textile Trade

Regulatory authority: Bezirkshauptmannschaft Amstetten (District administration)

Commercial register number: 84502v, Commercial register court: HG St. Pölten, Austria

VAT ID no.: ATU 17080307, DVR: 0404721, Trade regulations: Trade Law: www.ris.bka.gv.at

Voluntary code of conduct: www.guetezeichen.at

Managing Directors: Ing. Thiemo Götzl, Dr. Georg Götzl

Address of the Management: see address above

Purpose of the company:

Producer and retailer of apparel

 

3.       Quotations

All prices quoted in the online shop are, unless otherwise expressly stated, in Euro and always include all taxes and duties (gross prices). We will inform the customer separately about any surcharges such as additional charges for dispatch, customs duties etc. before placing his binding order.

 

4.       Conclusion of contracts:

For online orders, the customer must register on our portal. In the course of this registration, the customer must provide us with his/her name, address, telephone number and e-mail address from which the customer can receive, read, save and print e-mails from us before placing an order. In general, orders on our Internet platforms represent offers of the customer to enter into a contract, to which the customer shall be bound for 8 days after access. We confirm the completion of the order or payment process with immediate payment to the customer by e-mail. Unless otherwise expressly stated, this confirmation shall not constitute an order confirmation but documents that the order has been received by us. The order shall not be binding until our order confirmation has been received by the customer or the goods ordered have been dispatched. The order confirmation contains all detailed information about the order, in particular information about the quantity and the essential characteristics of the goods, the total remuneration to be paid, the details of payment, delivery and delivery periods and rights of withdrawal.

 

5.       Terms of payment:

Payment by the customer must be made at the latest within 14 days of receipt of our order confirmation or, in the case of payment by cash on delivery, upon acceptance of the package. We generally accept cash payment, payment by bank transfer, payment by cash on delivery and credit card payment.

 

6.       Delivery

We deliver after complete payment of the price for the goods and delivery by the customer (with regular customers with special agreement also on account). The invoice is enclosed with the package. Our delivery is made within 14 days after receipt of payment or, in the case of payment by cash on delivery, within 14 days after receipt of the order confirmation by the customer. In the event of any delays in delivery, we will

inform the customer separately. In the case of contracts for the

delivery of goods from special productions and for finished goods (e.g. goods bearing a company logo, emblem, print or advertisement), we reserve the right to a longer delivery period, about which we will inform the customer separately in the order confirmation.

 

7.       Right of withdrawal:

Consumers have the right to withdraw from the contract within fourteen days without giving reasons (right of withdrawal). The withdrawal period starts on the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the last goods. In order to exercise the right of withdrawal, the customer must inform us [Ötscher-Berufskleidung Götzl GmbH, Ötscherplatz 1, A-3300 Amstetten, +43 7472 64744-0, F-DW 48, info@oetscher.com] by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of his decision to withdraw from this contract. The customer may use the following sample cancellation form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient for the customer to send notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

8.       Consequences of withdrawal:

If the customer cancels this contract in due time, we shall reimburse all payments we have received, including delivery costs (except for additional costs arising from having chosen 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 received notice of your cancellation of this contract. For this refund we use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer be charged for this repayment. We may refuse to refund until we have received the goods back or until the customer has provided evidence that he/she has returned the goods, whichever is earlier. The customer must return or hand over the goods to us immediately and in any case within fourteen days of the day on which he/she informs us of the withdrawal from this contract at the latest. This period shall be deemed to have been observed if the customer sends the goods before the expiry of the period of fourteen days. The customer has to bear the direct costs for the return of the goods. The customer shall only be liable for any loss in value of the goods if such loss in value is attributable to handling of the goods which is not necessary for testing their condition, properties and functionality.

 

Withdrawal form:
-To (Ötscher-Berufskleidung Götzl GmbH, Ötscherplatz 1, A-3300 Amstetten, +43 7472 64744-0, F-DW 48,

info@oetscher.com)
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only if communicated on paper)
-Date
(*) Delete as applicable.

 

9.       Exceptions to the right of withdrawal:

If the customer is an entrepreneur, a revocation is completely excluded. The right of revocation shall not apply to contracts for the delivery of goods from custom-made products and for finished goods (such as goods with a company logo, emblem, print or advertising). In particular, the right of withdrawal shall not apply to contracts for goods which have been manufactured according to customer specifications (not prefabricated goods) or which are clearly tailored to the personal needs of the customer.

 

10.       Settlement of disputes

We undertake to participate in the conciliation procedure of the Internet ombudsman in the event of disputes: Further information on the types of proceedings can be found at www.ombudsmann.at (Internet ombudsman, Margaretenstraße 70/2/10, A-1050 Vienna) The OS platform can also be used to settle disputes with our company: https://ec.europa.eu/consumers/odr. Our e-mail address: info@oetscher.com. This is not an arbitral tribunal. The possibility of recourse to the ordinary courts remains open to both parties to the dispute.

© 2018 by Ötscher Berufskleidung Götzl GmbH.