Generell Terms and Conditions
§1 Scope of Validity and Provider
These terms and conditions shall apply to all orders placed through individuals via the online shop operated by Schalk Mühle Limited Partnership, Kalsdorf 18, 8262 Ilz, Austria, FN 351931x (hereinafter abbreviated to “Webshop” and “Schalk Mühle”)
§2 Conclusion of Contract
The offers of the Webshop shall be subject to confirmation and not binding unless expressly defined as binding. By clicking the “Buy” button, you will submit a binding purchasing offer. The order confirmation has informative character and is only a summarization of the details of the order.
Deviations, if any, from the customer's order must be objected in writing immediately after receipt of the goods.
Schalk Mühle also reserves the right to refuse or accept orders only in part. In such a case we will contact you immediately.
All prices in our Webshop ar are quoted in EURO (€).They are indicated as final prices, including value-added tax (10%). However, they do not include the corresponding delivery charges. Any additional fees (especially tolls, taxes and other charges) are not included in the overall price listed in the Webshop and have to be paid by the purchaser.
§4 Delivery Charges
The items offered in our range of products will be delivered via DPD, Hermes, “Österreichischen Post” or another forwarding agent of our choice. Delivery costs are 3,90 EUR for Austria, 8,90 for Germany and 12,90 for EU countries (except Bulgaria, Greece, Luxembourg, Malta, Romania, Cyprus). Shipping costs for other countries will be assessed according to size or weight of the carton. The shipping costs for EU countries (except Bulgaria, Greece, Luxembourg, Malta, Romania, Cyprus) and Austria will be shown explicitly within the ordering process. For shipping costs to other countries please get in contact with us.
§5 Terms of payment
You can choose from one of the following payment options: payment in advance or PayPal. If you would like to pay in advance, we provide you with our banking details at the end of the ordering process. You will also find our banking details in the order confirmation automatically send to you after completing the ordering process.
§6 Terms of Delivery
Delivery for orders made through the Webshop are exclusively to Austria and EU countries (except Bulgaria, Greece, Luxembourg, Malta, Romania, Cyprus). Deliveries to other countries are not excluded in principle, but have to be requested and are subject to specific conditions.
After receiving your order and its payment, we will of course process it without delay and ship it as fast as possible with our forwarding company. Delivery time for Austria is 1-3 days and for Germany 3-5 days. Please note that delivery time is dependent also on the forwarding company and therefore we cannot guarantee a delivery date.
§7a Delay in Delivery
Please note that the delivery time is, if not otherwise explicitly agreed, not binding and therefore to understand as the expected date of provision and handover to the buyer. To withdraw from the contract due to delay in delivery the customer has to grant an appropriate – at least two weeks – grace period. Withdrawal from the contract must be communicated by registered letter. The right to rescind applies only to the part of the delivery or the part of the order which is in delay.
§ 7b Default of Acceptance
The goods which the buyer has not taken/accepted will be stored for 4 weeks at the risk and expense of the customer. Schalk Mühle has at the same time, after setting an appropriate period of grace, the right to either to insist on completion or to withdraw from the contract and to commercialise the goods otherwise. In this case a contract penalty in the amount of 10% of the invoice amount, exclusive VAT, is considered to be valid, too
§8 Shipping Damages
Buyer of the goods is obliged to inspect the goods for completeness and defects immediately upon receipt thereof and to inform Schalk Mühle per telephone (+43/3385/312)of any defects as soon as possible, but within three days after delivery. Not apparent defects of any kind whatsoever must be reported to Schalk Mühle immediately after discovery.
§9 Right of Withdrawal
If the customer is a customer in the sense of the KschG (customer protection act), he or she has the right to withdraw their declaration of intent to conclude the contract, made in long distance, within a period of 7 working days (whereby Saturday does not count as a working day). The period of withdrawal starts with the receipt of the order. Customers from Germany and EU-countries have the right to withdraw their declaration of intent to conclude the contract within a period of 14 working days (whereby Saturday does not count as a working day )after the receipt o the order without having to state any reasons.
In case of an effective withdrawal the customer who the returned the goods, totally or partially shall – if applicable – have the right to claim compensation for the value of the goods. In each case only step by step in line with return of the goods.
Any risks and costs of the return are Customer’s responsibility. The goods shall be returned in an unused, resalable condition and their original packaging. Items with signs of use or that have damaged packaging will be assessed by us with a lower value. The same applies for missing parts or not paid shipping costs for the return.
§ 9a Seller’s Warranty
Deviations and defects have to be complaint by the customer immediately, specified and written. The existence of deviations or defects has to be proven by the customer. § 924 ABGB does not apply.
§10 Compensation for Damages
Claims for damages in the event of simple negligence are excluded. This does not apply to personal injury or damages to the handling of received goods. The liability of Schalk Mühle shall be excluded from direct damage, loss of profits, loss of interest, unrealized savings, financial loss and damages resulting from third party claims.
§11 Reservation of Title
The goods remains the property of Schalk Mühle until the purchase price has been paid in full. In the event of payment default of the customer we are entitled to assert our rights arising from reservation of title. It is agreed that the enforcement of ownership does not represent s the withdrawal from contract. For any resale of our goods you have to ask for a written permission of Schalk Mühle KG.
§12 Place of Performance
The place for performance of our performances is the headquarter of Schalk Mühle, Kalsdorf 18, 8262 Ilz, Austria.
§ 13 Place of jurisdiction
For decisions of all disputes resulting from a contract – including questions about the existence or non-existence of a contract- the exclusive authority is given to the appropriate courts of the headquarter of the Schalk Mühle KG.
§ 14 Choice of Law
The contract is subjected to Austrian exclusively and application of the UN Contracts for the International Sale of Goods (CISG) is explicitly excluded.
15 § Other Provisions
§ 15.1 Saving clause
Should a particular clause of these general terms and conditions be fully or partly ineffective, all other terms will not lose their legal effect or feasibility and remain unchanged. Contracting participants shall rather be obliged to replace the invalid or impracticable provision by such a valid or practicable provision that, where possible, comes as close as possible to the intentional content and purpose of the invalid and impracticable provisions.
§ 15.2 Formal Requirement
Changes or additions of the contract have to be in written form. This is also valid for a change in the statutory written form.