General Terms and Conditons
General Terms and Conditions for the Online Shop of Friedrich Petzolt Ges.m.b.H.
§ 1 Contracting parties
In the scope of the following General Terms and Conditions, the contracting partners are understood to be Friedrich Petzolt Gesellschaft m.b.H. (hereinafter referred to as "Petzolt" or as "We") in 1070 Vienna, Burggasse 52-54, Austria, and the Customer. Customers in the meaning of these General Terms and Conditions are both consumers as well as business enterprises.
Consumers in the meaning of these General Terms and Conditions are any natural persons who conclude a legal transaction for a purpose that can neither be attributed to their commercial nor self-employed professional activity.
Business enterprises in the meaning of these General Terms and Conditions are natural persons or legal entities or partnerships capable of holding rights, which act in exercise of their commercial or self-employed professional activity in the conclusion of a legal transaction.
§ 2 Contract conclusion
1. Petzolt’s presentation of the product offer on the internet does not constitute a legally binding offer but shall merely be understood by the Customer as a suggestion to make a binding purchase offer of their own. The Customer's order constitutes an offer.
2. We will accept your offer to conclude a contract by sending the ordered product. If you have informed us of a valid email address, you will receive a confirmation of your order by email. This order confirmation does not constitute an acceptance declaration.
3. Should we not be able to fulfil the Customer's order for whichever reason, the Customer will be informed thereof by email. If the Customer has chosen PayPal as the payment method, the contract will be effectively established in any case at the time when the payment instruction by the payment service provider is confirmed.
4. Should the contract have already been effectively established, both contracting parties may withdraw from the contract in the event the ordered product is not available. In the event of a withdrawal you will be informed immediately by us as to the product’s non-availability and we will immediately refund any consideration already paid by you.
5. Unless a different delivery period was explicitly agreed upon, we will deliver within 10 calendar days as of the receipt of payment if a contract is effectively concluded.
5. You can and should save these General Terms and Conditions on your system as well as any other order/contract data, which may have been sent additionally, and/or print them out by using the "Print" button. The order/contract data will be stored by us. Should you lose your order/contract data, you are very welcome to request us to send you a copy of your order/contract data.
1. The prices apply as listed on the internet at the time of your order. These are stated explicitly in the course of the order process. The stated prices are understood inclusive of the statutory value added tax applicable in Austria.
2. The costs for packaging and shipping will be charged in addition. Customers with a delivery address in Austria, Hungary and Slovakia will be informed of the shipping costs in the course of the order process. We will inform Customers in all other countries of the shipping costs after the receipt of the purchase offer. Upon the contract being effectively established we will send the product upon the receipt of the purchase price and the shipping costs. For deliveries to a country outside of the EEA, the Customer shall bear all import and export costs, customs duties, fees and charges.
3. In the context of the product order, we will pre-cut materials according to the Customer's measurement specification free of charge, except in the case of revocation. The following tolerances apply for pre-cutting.
Off-the peg products: +/- 1.5mm
Sheet goods, metal sheets: +/- 1.5mm tolerance for length and +/-1.5mm tolerance for width
Any requests for tolerances in excess thereof can be included at request but are not free of charge. We will inform the Customer of the costs in a separate offer. The contract will be effectively established not before the payment for the pre-cutting is also received by us.
We point out explicitly that the semi-finished metal goods concern products for further processing and are not finished goods and that these are neither polished nor bevelled by us. When the material is pre-cut for the Customer, scratches on the surface might be created. This does not constitute a reduction of the product’s value.
§4 Terms of payment:
Unless a different payment method is agreed on, you are generally required to pay the ordered product in advance (prepayment). You can either transfer the payment amount in advance to our account or you may pay via the online provider PayPal. The product will only be delivered upon the receipt of payment.
§5 Instruction on withdrawal:
1. Customers who are consumers in the meaning of the Austrian Consumer Protection Act or similar laws in their respective place of residence, may withdraw from a contract concluded in distance selling, within a period of 14 calendar days as of the receipt of the delivery of the ordered goods. The withdrawal notice requires the written form.
2. It is sufficient if the withdrawal notice is sent without a statement of reasons within the defined period. Saturdays, Sundays and holidays are counted in the calculation of the period. In any case, however, there are 7 working days available. Timely mailing of the withdrawal notice or the product to the following address is sufficient for protecting right of withdrawal:
Friedrich Petzolt Gesellschaft m.b.H.
Fax: +43 1 523 16 16/44
3. In the case of a withdrawal, the purchase price including shipping costs will be refunded only step by step against the return of the products received by the buyer.
4. The product should be returned in unused as new and in resalable condition and in the original packaging. We will charge an appropriate compensation for any value reductions if items are impaired by signs of use. The same applies if accessories or parts are missing when the product is returned.
5. The costs of the return will be charged to the Customer. Should the product be returned at costs, we will be entitled to retain a corresponding amount.
6. Exceptions to the right of withdrawal
A right of withdrawal does not apply to products, which are manufactured according to Customer’s specification or pre-cut according to the information provided by the Customer.
7. If the Customer is a business enterprise, it does not have a right of withdrawal.
§6 Risk assumption
In absence of an agreement stating otherwise, the risk of the delivery transport shall be assumed by the consumer.
Complaints based on statutory rights to warranty performances can be filed to the following address:
Friedrich Petzolt Gesellschaft m.b.H.
Fax: +43 1 523 16 16/44
In the case of defects, the Customer's rights against Petzolt will be subject to the legal regulations.
§9 Liability limitation
1. Petzolt is liable in accordance with the legal regulations.
2. Damage compensation claims in cases of slight negligence are excluded from liability. This does applies neither to personal injury nor damages on objects accepted for processing nor to product liability claims. Personal injuries caused by improper handling of the product are excluded from liability. This concerns in particular the handling of pre-cut semi-finished metal products, as these are materials that intended for further processing and because they do not represent a finished product. We expressly advise that the contact surfaces are not bevelled by us and that they may therefore be sharp. We recommend that the Customer wears appropriate protection gloves when handling the products.
3. All contents of our internet appearance were created with great diligence to our best knowledge. However, we cannot extend any warranty for the currentness, completeness and correctness of all pages.
4. Our website contains so-called "external links" (links to the websites of third parties), the content of which we cannot influence and for which we therefore do not extend any warranty. The relevant information provider of the linked website is responsible for the contents and the correctness of the information. At the time when the link was set, no rights infringements were noticeable to us. Should a rights infringement become known, the relevant link will be removed by us without delay.
§10 Data protection
Petzolt stores the order data required for the contract processing (name, address as well as your email address, if you have provided it to us, e.g. on your order by email). For the purpose of internal order control we additionally store the data required in this regard, such as the time of your order and the date of outbound shipment to you.
We expressly inform that the transmission of data on the internet (e.g. by email) may have security gaps. A perfect protection of the data against the access by third parties cannot be guaranteed. We cannot accept any liability for damages created by such security gaps.
§11 Reservation of title
The product delivered to you will remain the property of Friedrich Petzolt GmbH until the complete payment is received.
The contents and works published on this website are subject to copyrights. Any kind of reproduction, editing, processing, and any kind of exploitation outside of the limits defined by the copyright requires the prior written consent from the respective creator or author.
§ 13 Final provisions
1. These GTC are exclusively governed by Austrian law in exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. Should a provision of these GTC be or become invalid, impracticable or void, regardless of the reason, the validity of the remaining provisions shall not be affected thereby.
3. The place of jurisdiction is the Republic Austria, Vienna. Austrian law applies.