Terms and Conditions
General Terms and Conditions (GTC)
of Bolter Socks, proprietor: Alexander Bolter, Egatha 21, 6842 Koblach, Tel.: +43-678-1215850, E-mail: a.bolter@bolter-socken.at.
1. Scope of Application
1.1. These General Terms and Conditions (GTC) of Bolter Socks, proprietor: Alexander Bolter, Egatha 21, 6842 Koblach (hereinafter referred to, inter alia, as “we” or “us”) apply to the ordering (hereinafter referred to as the “order”), sale, and delivery of all goods from our range, as well as to other legal transactions, and the customer (hereinafter referred to, inter alia, as “you”) acknowledges these GTC with each order; we may amend the GTC at any time, and the version applicable at the time of your order shall apply.
1.2. In addition, these General Terms and Conditions are available online on our website at https://bolter-socks.com/pages/agb available for retrieval at any time and can be saved and printed by you in a reproducible form.
1.3. We do not accept any provisions of the contractual partner (customer) that conflict with, deviate from, or supplement our General Terms and Conditions.
1.4. For the purposes of these General Terms and Conditions, “customer” means both consumers and entrepreneurs within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG), unless individual clauses expressly apply exclusively to entrepreneurs or consumers.
1.5. Should individual provisions of these General Terms and Conditions or of the contract concluded with the contractual partner be wholly or partially invalid, this shall not affect the validity of the remainder of the contract.
1.6. The following applies to entrepreneurs: If these General Terms and Conditions were not provided to you with the offer or handed over to you on another occasion, they shall nevertheless apply if you knew or should have known them from a previous business relationship.
1.7. The following applies to entrepreneurs: If gaps in the contract arise, the parties undertake to agree on a provision that comes as close as possible, in terms of its economic effect, to the invalid provision; should no agreement be reached, a provision that most closely corresponds to the invalid provision shall be deemed agreed.
2. Orders and Conclusion of Contracts
2.1. Our offers and communications - including those made in response to your inquiry - are non-binding and without obligation in all respects, unless and to the extent that they are expressly stated to be binding for a specific period. Cost estimates are non-binding in every respect unless we expressly declare in writing in the cost estimate that it is binding.
2.2. The presentation of goods in our online shop merely constitutes a non-binding invitation to order goods from us. All offers and promotions in advertising materials and in the online shop are valid only while stocks last. The respective online catalogue ceases to be valid upon publication of a new edition. Errors, printing errors, and typesetting errors excepted.
2.3. We enter into contracts only with natural persons who have full legal capacity and have reached the age of 18. Persons under 18 may purchase our goods only with the consent of a parent or guardian.
2.4. To submit an online order through our website, registration (i.e., creating a user profile) is possible. If you have created a user profile, for subsequent orders it is sufficient to enter the login and password you specified during initial registration. You are required to complete the fields (or provide the information) in the online form fully and truthfully. We reserve the right, at our own discretion, to deny access to our website or close an account.
2.5. You can select products from our range without obligation and collect them in a so-called shopping cart using the [in den Warenkorb] button. Within the shopping cart, the product selection can be changed, for example by deleting items. You can then proceed to complete the ordering process within the shopping cart using the [Zur Kasse] button. By clicking the [Jetzt kaufen] button, you submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, you can change and review the details at any time, return to the shopping cart using the browser's "back" function, or cancel the ordering process altogether. Required information is marked with an asterisk (*).
2.6. Before submitting the order through our online order form, you can identify any possible input errors by carefully reading the information displayed on the screen. One effective technical means of improving the detection of input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the ordering process.
2.7. After submitting your order in the online shop, you will receive an automatically generated confirmation of receipt by email. This confirmation of receipt lists your order details and these General Terms and Conditions again. The automatically generated email confirmation of receipt does not constitute acceptance of the offer; it merely documents that we have received the order. We will then check the availability of the goods.
2.8. Outside the online shop: By placing the order, you make a binding contractual offer. Any confirmation of receipt from us does not yet constitute binding acceptance of the order; it merely documents that the order has been received by us. We will then check availability. The confirmation of receipt constitutes a declaration of acceptance only if we expressly confirm this in it.
2.9. We are free to reject orders or online orders without giving reasons. We reserve the right to determine how the order is carried out and may accept your offer within five days,
- by sending you an order confirmation by email, whereby receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
- by requesting payment from you after you have placed your order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after you send the offer and ends at the end of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this constitutes rejection of the offer, with the consequence that you are no longer bound by your declaration of intent. A contract is in any event only concluded when we accept your order.
2.10. Applies to businesses: We can only accept your order if we ourselves are supplied correctly and on time. We reserve the right not to provide the promised service if it is unavailable; in this case, we will notify you immediately of the unavailability and promptly refund any payments you have already made.
3. Prices and payment terms
3.1. Unless otherwise agreed, all our prices are in EURO including VAT, and all payments to us must be made exclusively in EURO.
3.2. The prices do not include costs for the transfer of funds by credit institutions (e.g. transfer fees, currency conversion fees), freight costs, import and export duties, handling fees, customs duties and customs charges, official commission fees, or ancillary charges. Deliveries and services not included in the prices will be communicated to you on a separate information page.
3.3. Unless expressly agreed otherwise, shipping shall be uninsured; if you are a business, it shall also be at your expense and risk.
3.4. Obvious errors, in particular errors already contained in our offer and the documents accompanying the offer, shall entitle us at any time, at our discretion, either to cancel the contract or to make an appropriate adjustment to the agreed prices.
3.5. If delivery is made in parts, we shall be entitled to issue partial invoices.
3.6. The payment options will be communicated to you in our online shop. Payment can be made by eps bank transfer, PayPal, Klarna, credit card, Bancontact, Apple Pay, Google Pay, iDEAL Wero, Mobil Pay, Shop Pay, or Union Pay, although we reserve the right to exclude individual payment options.
3.7. Set-off of your claims against our claims is not permitted unless your claims are legally connected with your obligation at issue, or are claims established by a court or acknowledged by us in writing. We or companies affiliated with us may, however, assert claims by way of set-off.
3.8. Payments can be made with discharging effect only to the payment office(s) specified on the invoice; payments to representatives or delivery personnel do not release you from your payment obligation. The payment date shall be the date on which the payment is credited to our account.
3.9. Notwithstanding any provisions to the contrary on your part, we shall be entitled to apply payments first to your older debts. If costs and interest have already accrued, we shall be entitled to apply the payment first to the costs, then to the interest, and finally to the principal claim. Any different allocation of the payment by you shall be invalid.
3.10. We reserve the right to require advance payments, including payments on account, and payment security from you, even before delivery is carried out. If, after conclusion of the contract, justified doubts arise regarding your solvency or creditworthiness, or if circumstances that already existed at the time of conclusion of the contract only become known to us later, we shall be entitled either to require payment in cash or the provision of security before delivery, or to withdraw from the contract and demand reimbursement from you for the expenses incurred, as well as to revoke any payment terms granted and declare all credited claims immediately due.
3.11. If you fall into arrears with payment, we are entitled, without issuing a reminder, to charge consumers interest of 4% and businesses interest of 9.2% above the base interest rate, as well as to make all other invoices not yet due immediately payable, charge pre-litigation costs, in particular reminder fees and legal fees, and immediately cancel other orders confirmed for you; in addition, we are entitled to seek termination of the contract in whole or in part.
3.12. Discounts for early payment from partial invoices already paid become void in the event of late payment of further partial invoices or the final invoice. Agreed delivery dates become invalid due to your late payment. In the event of late payment, we are entitled to make the handover of goods, regardless of the order concerned, to you, or the further completion of the goods, conditional upon advance payment or bank security for the agreed price, or to withdraw from the contract entirely. If you fall into arrears with payment of the remuneration secured by retention of title, we are entitled at any time to take possession of the goods subject to retention of title, even if the contract has not yet been terminated (right of repossession).
3.13. The scope is determined by the plans submitted, the text of the cost estimate, and the information provided by the customer. Deviations from the design documents must be reported without delay.
3.14. The prices stated in the offer apply only if an order is placed.
3.15. Additional costs resulting from unforeseeable, necessary interruptions will be invoiced separately after prior notification.
4. Delivery
4.1. The following applies to businesses: If the order confirmation contains no information, delivery ex works (ex works; in accordance with the Incoterms; i.e. from our place of business) shall be deemed agreed. Even if we contractually undertake to supply the goods, the place of performance shall remain our place of business or the dispatch warehouse expressly named in the order confirmation. We retain the right to choose the shipping method even if, as agreed, you are responsible for arranging transportation of the goods. We are entitled to make partial or advance deliveries; you must accept and pay for these.
4.2. Unless otherwise agreed, the delivery period (3-6 business days for deliveries within the EU, Switzerland, and the USA) begins at the latest of the following points in time:
4.2.1. Date of order confirmation
4.2.2. Date of receipt of payment.
4.3. Self-collection is possible.
4.4. If changes to the execution are required at your request that result in additional deliveries, not only will these additional costs be invoiced separately based on the actual material or time required; this additional work will also extend the agreed delivery or completion period accordingly.
4.5. The following applies to entrepreneurs: Delivery dates and delivery periods are agreed to the best of our knowledge on the assumption of normal circumstances; unless expressly designated and agreed as fixed, they shall always be understood only as approximate delivery times, whereby an overrun or underrun of the delivery dates and delivery periods by up to 10 days shall in any event still be deemed timely. Our compliance with the delivery dates and delivery periods is dependent on your fulfilling, prior to delivery, any obligations and conditions of whatever nature; otherwise, we shall be entitled to postpone the delivery dates and delivery periods accordingly without thereby falling into default. If you request a technical, commercial or scheduling change to the order, we shall be entitled to unilaterally notify you of a new delivery period or delivery date.
4.6. The following applies to entrepreneurs: Events such as, in particular, fire and natural disasters and/or other cases of force majeure, the lack of means of transport, operational disruptions, strikes, work restrictions, seizures, rejection of important workpieces, etc. at our company, delays by upstream suppliers, traffic disruptions, accidents for which we are not responsible, delayed transport or late delivery of raw materials and components, unforeseen or unforeseeable difficulties in border clearance and import or export customs clearance shall result in the delivery period being extended or the delivery date being postponed by an appropriate amount; this shall also apply if such events occur at one of the upstream suppliers. We shall inform you immediately upon the occurrence of such an event and notify you of a new delivery date or delivery period.
4.7. The following applies to entrepreneurs: In the cases specified in section 4.5, we shall not be subject to any consequences of default; if such circumstances arise, we shall be entitled to withdraw from the contract in whole or in part, without you being entitled to derive any claims whatsoever from this; in the cases mentioned above, you shall not be entitled to withdraw or assert claims of any kind. If one of the circumstances specified in section 4.5 lasts longer than two months, both we and you shall be entitled to terminate the contract by unilateral written declaration; you shall no longer have this right (i) if you are responsible for the interruption or (ii) if we have informed you that the impediment has ceased and announced delivery within a reasonable period.
4.8. The following applies to entrepreneurs: If you demonstrably suffer damage as a result of a delay in delivery caused by our gross negligence, you are entitled to compensation for the damage in an amount not exceeding 5% of the value of that part of the delivery which, as a result of the delay in delivery, cannot be used by you in time or for its intended purpose. Any further claims arising from a delay in delivery are excluded.
4.9. The following applies to entrepreneurs: You are obliged to accept the goods on the confirmed delivery date or within the confirmed delivery period. Asserting claims due to delivery not conforming to the contract or the fact that you were unable to inspect the delivery does not entitle you to refuse or postpone acceptance. In the case of call-off orders, you undertake to take delivery of the goods no later than 14 days after completion. We have fulfilled our obligation when the delivery item is available to you, i.e. when you have been notified that it is ready for shipment.
4.10. The following applies to entrepreneurs: If you are in default of acceptance (in particular because you fail to take delivery after we have notified you that we are ready to ship), the goods will, at your expense and risk, either (i) be stored by us or by a third party or (ii) shipped to you. If the goods are stored by us pursuant to lit. (i), we are entitled to charge you a fee equivalent to that of a public warehouse; we are liable for deterioration or loss of the goods stored by us only in cases of intent or gross negligence; our rights pursuant to §§ 373 et seq. UGB remain unaffected. In the case of lit. (ii), we are entitled to arrange the transport of the goods to your registered address at your expense, including transport insurance, whereby we may choose the method of shipment (truck, rail, ship, aircraft, etc.). If you fail to accept all or part of the goods or are in default of acceptance, we may (i), after granting an additional period of 14 days, withdraw from the contract and/or (ii) claim damages for non-performance.
4.11. Delivery to post office boxes is excluded. You are responsible for providing the correct delivery address. If delivery is not possible, we reserve the right to claim any resulting damage.
4.12. Delivery is generally made by parcel services or freight forwarders selected by us. For dispatch, we determine the mode and route of transport.
4.13. The following applies to entrepreneurs: Upon receipt of the shipment, the packaging must be checked for damage. In the event of justified damage, you must notify the carrier or delivery person in writing or refuse acceptance, indicating the damage. Incomplete deliveries or damage occurring during transport must be reported to the responsible post office or delivery company within a reasonable period, and you must provide us with a report prepared for this purpose upon request.
4.14. The following applies to entrepreneurs: In all cases, the risk passes to you as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch. Once you are in default of acceptance, the risk of accidental deterioration and accidental loss passes to you in any event.
4.15. The following applies to entrepreneurs: Any externally visible transport damage must be reported immediately upon receipt of the goods, and its nature and extent must be notified to us in writing without delay or recorded in detail on the delivery or freight note while still on site. You must notify us in writing and in detail of obvious defects within 24 hours of receiving the goods and of hidden defects within 8 days of discovering them, and provide evidence within 2 weeks from the date of notification. If the notification period is missed, you shall have no warranty, error, or compensation claims (including a compensation claim for consequential damage caused by defects).
4.16. The following delivery area restrictions apply: Delivery is made to the following countries: all EU countries, Switzerland, and the USA.
5. Consumer's right of withdrawal or cancellation in distance selling
Instructions on the right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us - Bolter Socks, owner: Alexander Bolter, Egatha 21, 6842 Koblach, Tel.: +43-678-1215850, E-mail: a.bolter@bolter-socken.at - inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
You can also exercise your right of withdrawal online at https://bolter-socks.com/pages/widerruf-formular exercise. If you use this online function, we will immediately send you, on a durable medium (e.g. by email), confirmation of receipt containing information about the content of the withdrawal notice and the date and time it was received.
To meet the withdrawal period, it is sufficient for you to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that was not necessary to inspect their condition, properties and functionality.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual choice or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs.
The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
General information
1. Please avoid damage to and contamination of the goods. Please return the goods to us in their original packaging, together with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
2. Please do not return the goods to us postage due.
3. Please note that the aforementioned points 1-2 are not a prerequisite for effectively exercising the right of withdrawal.
6. Warranty
6.1. Your warranty claims are governed by the statutory provisions. Irrespective of your statutory warranty claims and the right of withdrawal for distance contracts, returns and exchanges are generally not possible.
6.2. Minor deviations in the format, color, material and condition of the goods from illustrations are sometimes unavoidable and do not constitute a warranty claim.
6.3. No warranty can be provided for defects attributable to improper use or above-average strain on the goods by you.
6.4. For entrepreneurs: We warrant that the delivery corresponds to the quality specified in the order confirmation. Unless further-reaching claims have been agreed in writing in the contract, we warrant only to you, not to third parties, and subject to fulfillment of your payment obligations for our services, that the materials and workmanship are free from defects in accordance with the state of the art at the time the supplier placed the products on the market. If you have received a sample, the goods conform to the agreement if they correspond to the sample.
6.5. For entrepreneurs: Deviations in dimensions, weight or quality are permissible within the scope of the agreed or established standards. Our obligation to provide a warranty does not apply in particular to defects resulting from unsuitable or improper use, excessive strain, incorrect or negligent handling, unauthorized use or modification of the goods, or normal wear and tear; this also applies if the installation and other requirements of the suppliers are not met.
6.6. The following applies to entrepreneurs: A prerequisite for the warranty obligation is fulfillment of the buyer's contractual obligations, in particular the agreed payment terms. Warranty claims against us belong only to the direct customer and may not be assigned.
6.7. The following applies to entrepreneurs: The warranty period is 6 months unless special warranty periods have been agreed for individual delivery items. Remedying a defect does not extend the warranty period. Unless acceptance has been agreed, the warranty period begins upon delivery ex works or upon dispatch if the dispatch is carried out by us.
6.8. The following applies to entrepreneurs: Externally visible transport damage must be reported immediately upon receipt of the goods, and its nature and extent must be communicated to us in writing without delay, or recorded in detail on the delivery or freight note on site and countersigned by us to confirm the notice of defects. You must notify us in writing and in detail of apparent defects within 48 hours of receiving the goods, or of hidden defects within 8 days of discovering them, and provide proof within 2 weeks from the date of notification. If the notice period is missed, there are no warranty, mistake, or damages claims (including a claim for compensation for consequential damage caused by the defect).
6.9. The following applies to entrepreneurs: If a timely notice of defects has been given and you have proven that the goods do not conform to the contract, we are entitled to remedy the non-conformity within a reasonable period by supplying replacement goods (exchange), and you may only demand an exchange by us. Rescission is not possible if the defect is minor within the meaning of the law. If the exchange is impossible or involves disproportionate expense, you may claim damages in money only if we ourselves are guilty of intent or gross negligence. Compensation for consequential damage caused by the defect is likewise permissible only subject to this restriction. Any other claims by you due to defects - in particular claims for damages – are excluded.
6.10. For businesses: You are only entitled to return goods with our written approval; in all cases, a maximum of 90% of the amount actually paid will be credited. You must bear the transport costs incurred and the transport risk.
6.11. For businesses: In the event of defects, you are not entitled to withhold the purchase price in whole or in part.
6.12. For businesses: Recourse claims pursuant to § 933b ABGB are excluded.
7. Damages
7.1. We are liable for damages only in cases of intentional or grossly negligent conduct and, regardless of the degree of culpability, for damages resulting from injury to life, limb or health. Compensation for consequential damage caused by defects and compensation for third-party damages are excluded.
7.2. No liability can be accepted for damages caused by improper handling and misuse of the goods.
7.3. For businesses: We are only required to compensate you for damages other than personal injury if intent or gross negligence is proven against us based on the circumstances of the individual case.
7.4. For businesses: Compensation for consequential damages, pure financial losses, lost profits, loss of interest, indirect damages arising from the delivery of non-conforming goods, damages resulting from claims by third parties against you, damages due to business interruption and production downtime is excluded in any event. The contract concluded between the parties contains no protective obligations for the benefit of third parties; this also applies if it is foreseeable that a third party will be the recipient of the performance or that a third party will come into contact with the goods. To the extent that we or our vicarious agents provide information or advice and this information or advice is not part of the contractually agreed scope of services owed by them, this is provided free of charge and with the exclusion of any liability. The claim for damages shall in any event expire upon the processing or treatment of the delivery or its resale.
7.5. For entrepreneurs: Damages may not exceed the amount that we could have foreseen as a possible consequence of the breach of contract. In addition, any liability or recourse claims, including any claims against us arising from consequential damage caused by defects, shall be limited in amount to 50% of the remuneration agreed or paid under the respective order with us and shall become time-barred within six months from the date on which it first became possible to obtain knowledge of the damage and the person liable to compensate it.
7.6. For entrepreneurs: If the limitations of our liability agreed herein are wholly or partially legally invalid, our liability shall in any event be limited in terms of content and scope to the maximum extent permitted by law.
8. Retention of title
8.1. All goods and deliveries shall remain our property until the agreed purchase price and any ancillary charges have been paid in full.
8.2. For entrepreneurs: In addition, we retain title to our goods until all claims and ancillary claims arising from the business relationship have been paid; this also applies if the specific goods have been paid for. Our title shall also remain in force if the delivery item is processed or otherwise transformed together with other items belonging to you or a third party. Only if a supplier has also effectively asserted an extended retention of title shall the relevant claims against customers arising from deliveries be assigned to us to the extent of its ownership interest in the goods sold.
8.3. For entrepreneurs: In the event of default in payment or suspension of payments by you, the initiation of insolvency proceedings, or any other threat to satisfaction of our claims, you are obliged to identify the goods subject to retention of title as our property to any third party by means of signs or in any other way. Irrespective of this, our authorized representatives are entitled at any time to make the appropriate determinations at your premises to safeguard our rights and to have all documents required for this purpose submitted to them. The goods subject to retention of title shall then be returned to us carriage- and expense-free upon our request, whereby we are authorized to remove them based on the irrevocable consent granted by you hereby; in this case, we are also entitled, but not obliged, at our discretion to sell the goods by auction or by private sale and offset the proceeds against the net purchase price.
8.4. For entrepreneurs: You bear the risk for the goods delivered by us; you are obliged to store the goods carefully and insure them adequately against loss, theft, fire, etc. You must assign to us the claim arising from the insurance contract, namely a first-ranking partial amount equal to the purchase price of the goods delivered by us under retention of title, and notify the insurer of this assignment; the same applies if the insurance does not cover the entire loss in full, so that in such a case we cannot be referred to a proportionate indemnity.
9. Intellectual property rights
9.1. The website operated by us and all of its content, in particular texts, photographs, images, graphics, prints, textile designs, films, presentations, sounds, illustrations, and any software, as well as all trademarks and/or designs, are protected against unauthorized use by industrial property rights, in particular copyrights, name and image rights, trademarks, and/or registered or unregistered design rights.
9.2. All messages, graphics, and the design of our website serve exclusively to provide our customers with personal information. Use is at your own risk. Reproduction, copying, and printing of the entire website are permitted only for the purpose of placing an order with us as the operator of the online shop. Any use beyond selecting and purchasing goods requires our prior written consent or, if the respective rights do not belong to us, the consent of the rights holder. Any processing, reproduction, distribution, and/or public communication beyond this exceeds customary use and constitutes a breach of copyright.
10. Data protection
Information on data protection can be found in our separate privacy policy, which does not form part of the contract but fulfills the information obligations under the GDPR.
11. Applicable law, place of performance, place of jurisdiction
All legal transactions are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance is the company's registered office at 6842 Koblach. The place of jurisdiction is Feldkirch, insofar as legally permissible.