§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders you place in the Bolter Sockenmanufaktur online shop, Managing Director: Alexander Bolter. 
Service hotline: +43 678 / 121 58 50, 
Email: a.bolter@bolter-socken.at

(2) Our online shop's product range is intended exclusively for buyers who have reached the age of 18.

(3) Our deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. We hereby object to the inclusion of a customer's General Terms and Conditions that conflict with ours.

(4) The language of the contract is exclusively German.

(5) You can access and print the currently valid General Terms and Conditions on the website www.bolter-socken.at.

§ 2 Conclusion of the contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the “Order now with obligation to pay” button, you submit a binding purchase offer (§ 145 BGB).

(3) After receiving the purchase offer, you will receive an automatically generated email confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. No contract is concluded by the confirmation of receipt.

(4) A purchase contract for the goods is concluded only when we expressly declare acceptance of the purchase offer or when we ship the goods to you—without having previously expressly declared acceptance.

§ 3 Prices

The prices stated on the product pages include statutory VAT and other price components, and are exclusive of the applicable shipping costs

§ 4 Payment terms; Default

(1) Payment may be made by one of the following methods:

• Invoice payable in advance,
• Credit card,
• PayPal or
• Direct debit.

(2) If you select payment in advance, we will provide our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the goods.

(3) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account will actually be charged when we ship the goods to you.

(4) If you pay by direct debit, you may be required to bear any costs arising from the reversal of a payment transaction due to insufficient funds in your account or incorrect bank account details provided by you.

(5) If you default on a payment, you shall be required to pay statutory default interest at a rate of 5 percentage points above the base interest rate. If you default on a payment, you shall be required to pay statutory default interest at a rate of 5 percentage points above the base interest rate. A fee of EUR 2.50 will be charged for each reminder sent to you after the default has occurred, unless a lower or higher loss is proven in the individual case.

§ 5 Set-Off/Right of Retention

(1) You shall have a right of set-off only if your counterclaim has been finally adjudicated, is undisputed or acknowledged by us, or is closely synallagmatically linked to our claim.

(2) You may exercise a right of retention only insofar as your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of Title

(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following shall also apply:

– We retain title to the goods until all claims arising from the ongoing business relationship have been paid in full. Before title to the goods subject to retention of title passes, pledging or transferring ownership by way of security is not permitted.

– You may resell the goods in the ordinary course of business. In such a case, you hereby assign to us all claims arising from the resale in the amount of the invoice value. We accept the assignment; however, you are authorized to collect the claims. If you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves.

– If the goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

– We undertake to release the collateral to which we are entitled upon request to the extent that the realizable value of our collateral exceeds the claims to be secured by more than 10%. We shall choose which collateral to release.

Section 7 Cancellation policy

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), meaning that you enter into the purchase predominantly for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a cancellation right in accordance with the following provisions. 

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods. To exercise your cancellation right, you must inform us

Company:
Address:
Email:
Fax:

by means of a clear statement (e.g., a letter sent by post, fax, or email) informing us of your decision to cancel this contract. To comply with the cancellation period, it is sufficient for you to send the notification concerning the exercise of your cancellation right before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we must repay to you all payments we have received from you, including delivery costs (except for the additional costs arising from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. We may withhold repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us or to without undue delay and, in any event, 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 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 examine their condition, properties, and functionality.

End of the cancellation policy

(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and whose manufacture involves an individual selection or determination by the consumer, or that are clearly tailored to the consumer's personal needs (e.g., T-shirts featuring your photo and name), or to the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal was removed after delivery. 

(2) Please avoid damage and contamination. Return the goods to us, preferably in their original packaging, 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 provide adequate protection against transport damage and avoid claims for compensation due to damage resulting from inadequate packaging.

(3) Before returning the goods, please call us at +43 678 / 121 58 50 to announce the return. This enables us to assign the products as quickly as possible.

(4) Please note that the procedures specified in paragraphs 2 and 3 above are not a prerequisite for effectively exercising the right of withdrawal.

§ 8 Transport Damage

(1) If goods are delivered with obvious transport damage, please report such defects to the delivery person immediately and contact us as soon as possible.

(2) Failure to submit a complaint or contact us has no consequences for your statutory warranty rights. However, doing so helps us assert our own claims against the carrier or transport insurer.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (Sections 433 et seq. of the German Civil Code (BGB)).

(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims concerning used goods is one year, deviating from the statutory provisions. This limitation does not apply to claims arising from injury to life, body, or health, or from the breach of a material contractual obligation whose fulfillment is essential to the proper performance of the contract and on compliance with which the contractual partner may regularly rely (cardinal obligation), or to claims arising from other damage caused by an intentional or grossly negligent breach of duty by the user or their vicarious agents.

(3) Otherwise, the statutory provisions apply to the warranty. 

(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions shall apply with the following modifications:

– Only our own information and the manufacturer's product description shall be binding with regard to the condition of the goods, not public claims and statements or other advertising by the manufacturer.

– You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of apparent defects within 7 days of receiving the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to concealed defects discovered later, from the time of discovery. If the inspection and notification obligations are breached, claims under the warranty shall be excluded.

– In the event of defects, we shall provide a warranty, at our discretion, by remedying the defect or delivering a replacement (subsequent performance). In the event of remedying the defect, we shall not be required to bear the increased costs arising from transporting the goods to a place other than the place of performance, unless such transport is consistent with the intended use of the goods.

– If subsequent performance fails twice, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract.

– The warranty period is one year from delivery of the goods.

§ 10 Liability

(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. In cases of slight negligence, we shall be liable for damage resulting from injury to life, body, or health.

(2) The following limitation of liability shall apply in all other respects: In cases of slight negligence, we shall be liable only for the breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence shall be limited in amount to the foreseeable damage at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability shall also apply for the benefit of our agents.

§ 11 Final Provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).

(3) If you are a commercial enterprise, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be [the applicable place of jurisdiction].