As of 13.06.2020

​

§ 1 General
(1) These terms and conditions apply to all contracts, deliveries and other services of Gernot Gaitzenauer, Margeritengasse 8/2/14, 2700 Wiener Neustadt (hereinafter: "Seller"), regarding the online shop www.supportive.at and all sub -Domains. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Wiener Neustadt if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed.
(5) We deliver to the following countries: Europe and worldwide.
(6) Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.

 

§ 2 Contents of the contract and conclusion of the contract
(1) The seller offers customers new goods for sale in the online shop www.supportive.at, especially carrying straps and related carrying aids.
(2) When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer's order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
The customer also has the option of inquiring about a specific article from the seller by telephone, e-mail, fax or letter. After receiving such a request, the seller will submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.

​

§ 3 prices, shipping costs, sales tax and payment
(1) For orders via the online shop, the prices stated there apply. All prices include the legal VAT.
The shipping costs depend on the weight and dimensions of the goods and the desired destination: see www.supportive/versandkosten
(3) The delivery of the customer by the seller takes place at the request of the customer against the following payment methods: prepayment (.
If the customer chooses prepayment by bank transfer, the payment is due no later than calendar days after the conclusion of the contract.
In the case of delivery on account, payment is due no later than calendar days after invoicing.
If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery fees are due upon delivery and presentation of the cash on delivery slip by the commissioned transport company.
(4) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise in text form.

​

§ 4 Delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. Delivery will be made from the Seller's warehouse.
(2) The availability of the individual goods is specified in the item descriptions. Unless expressly agreed otherwise, the seller will ship goods in stock within Europe 1-5 days, worldwide 5-14 working days after the payment has been instructed (in the case of prepayment by bank transfer: within Europe 1-5 days, worldwide 5-14 working days after receipt of). If the goods are marked as not in stock when selling via the online shop, the seller will endeavor to deliver as quickly as possible. The seller's information on the delivery period is non-binding, unless the seller has expressly promised the delivery date in a binding manner.
(3) The seller reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is omitted in whole or in part. This reservation of self-delivery only applies if the seller is not responsible for the non-delivery. The seller is not responsible for the lack of performance if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this fact and refund any purchase price already paid and shipping costs.
The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred to the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment when the goods are delivered.

​

§ 5 retention of title
The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the ongoing business relationship until settlement of all claims that the seller has in connection with entitled to the contract.

​

§ 6 right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

​

§ 7 Liability for material and legal defects
(1) If there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, §§ 377 et seq. HGB shall also apply.
(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller.
The customer can find information on proper handling in the manufacturer's descriptions.
(3) The customer must notify the seller of defects within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, the warranty for entrepreneurs is excluded.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer which are aimed at compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
(4) If there are defects and if these were asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.

 

§ 8 Information requirements in the event of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer should complain immediately to the carrier/freight service without prejudice to his warranty rights (§ 7) and immediately by e-mail or other means (fax/post) to the seller Contact them so that they can protect any rights they may have against the carrier/freight service.

​

§ 9 Disclaimer
(1) Apart from the liability for defects in quality and title, the seller is liable without limitation if the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
(2) The limitations of liability in the preceding paragraph do not apply to injury to life, limb or health, to a defect after a guarantee has been given for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the seller's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.

right of withdrawal
You have the right to withdraw from 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.
In order to exercise your right of withdrawal, you must inform us at Gernot Gaitzenauer, Margeritengasse 8/2/14, 2700 Wiener Neustadt, info@supportive.at by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.
You can also electronically fill out and submit the model cancellation form or any other clear declaration on our website www.supportive.at. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from

the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must send back the goods or hand them over to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

​

Withdrawal form
If you want to revoke the contract, please fill out the form and send it back to us:

To Gernot Gaitzenauer, Margeritengasse 8/2/14, 2700 Wiener Neustadt, Austria, info@supportive.at